Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) Regulations (Northern Ireland) 2006

Screening procedure

5.—(1) An application for a screening decision in relation to any project shall be accompanied by—

(a) a plan sufficient to identify the relevant land;

(b) a brief description of the nature, size, location and purpose of the project and of its possible effects on the environment; and

(c) such other information or representations as the applicant may wish to provide or make.

(2) The Department shall notify the applicant of the date on which the application was received by it.

(3) If the Department considers that it does not have sufficient information to make the screening decision it may request that the applicant supply any further information that it requires and the applicant shall supply that further information within such time as the Department may reasonably require.

(4) The Department shall decide in accordance with the selection criteria set out in Schedule 2 and paragraph (5) whether a project is likely to have a significant effect on the environment within thirty-five days of the date notified to the applicant in accordance with paragraph (2) or such longer period as may be agreed with the applicant and before reaching such a decision may consult with such of the consultation bodies as it thinks fit.

(5) 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), and which is not directly connected with or necessary to the management of the site, shall be treated for the purposes of these Regulations as likely to have a significant effect on the environment.

(6) The Department shall notify the screening decision relating to any project, together with a statement giving the full reasons for the decision, to the applicant, any other person likely in its opinion to be affected by the project and each of the consultation bodies and shall by local and general advertisement —

(a) publish a copy of the decision;

(b) publish copies of any relevant application under paragraph (1) and the documents which accompanied it;

(c) state that any person may make representations to the Department in writing in relation to the likely environmental effects of the project to which the application relates at an address specified in the notice within 28 days of the date of publication of the notice in the Belfast Gazette; and

(d) describe what additional environmental information relating to the environmental effects is available and give details of where it can be obtained.

(7) If an applicant who has not been notified of a screening decision within the period specified in paragraph (4) notifies the Department that he intends to treat such failure to notify him as a decision that the project is a relevant project, the Department shall be deemed to have decided that the project is a relevant project on the date that it is so notified by the applicant.

(8) If at any time after the Department has decided (or is deemed to have decided) that a project is a relevant project under this regulation, it receives additional environmental information or representations which cause it to decide that the project is not a relevant project, it shall vary its opinion accordingly and shall—

(a) notify each person to whom notice had already been given under paragraph (6) and provide that person with a statement giving the full reasons for the variation; and

(b) shall by local and general advertisement publish a notice of the variation.

(9) If at any time after the Department has decided that a project is not a relevant project under this regulation, it receives additional environmental information or representations which cause it to decide that the project is a relevant project, it shall vary its opinion accordingly and shall—

(a) notify each person to whom notice had already been given under paragraph (6) and provide them with a statement giving the full reasons for the decision; and

(b) shall by local and general advertisement publish a notice of the decision.

(10) This paragraph applies to an opinion given under this regulation (including an opinion as varied under paragraph (8) or (9)) that a project is not or would not be a relevant project.

(11) An opinion to which paragraph (10) applies—

(a) shall have the effect of determining for the purpose of these Regulations that the project specified in the opinion (but only that project) is not or would not be a relevant project; but

(b) shall cease to have effect on the expiry of—

(i) the period three years beginning with the date on which the opinion is given; or

(ii) such shorter period as may be specified in the opinion, if the work relating to the project has not been completed within that period.

(12) This paragraph applies to an opinion under this regulation (including an opinion as varied under paragraph (8) or (9)) that a project is or would be a relevant project.

(13) An opinion to which paragraph (12) applies shall have the effect of determining for the purposes of these Regulations that the project specified in the opinion is or would be a relevant project.