This is the original version (as it was originally made).
3.—(1) These Regulations apply to any project
(a)in respect of which an application for consent has been made before these Regulations came into operation; or
(b)which is not exempt under paragraph (2) or (3).
(2) A project is exempt if it:
(a)is a project described in regulation 3(2) of the Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2005(1);
(b)constitutes development to which the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999(2) apply; or
(c)constitutes the carrying out of drainage works by the Department within the meaning of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2005(3).
(3) A project is exempt under this paragraph to the extent that the Department directs that it shall be exempt from these Regulations.
(4) The Department shall only make a direction under paragraph (3) in an exceptional case and where it does so it shall—
(a)consider whether in that case another form of assessment of the environmental effects of the proposed project in question would be appropriate;
(b)make available to the public the information obtained under that other form of assessment, information relating to the making of the direction and the reasons for making it.
(5) Where the Department makes a direction under paragraph (3) it shall by general and local advertisement briefly describe the project to which the direction relates, explain the effects of the direction and gives the reasons for making it.
(6) In the case of a project which the Department decides is likely to have a significant effect on a European site (either alone or in combination with other projects), the power to direct that the project is exempt from these Regulations under paragraph (3) shall be exercisable only to the extent that compliance with the Habitats Directive is secured in relation to the project.
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