The Environmental Impact Assessment (Fish Farming in Marine Waters) Regulations (Northern Ireland) 2007

Determination of whether a proposed development should proceed

12.—(1) On expiry of the period referred to in regulation 9(3)(b) the Department shall assess, in light of the environmental statement, any additional information and any representations made in accordance with regulations 8, 9 or 11, the direct and indirect effects of the proposed development on the environmental factors specified in Schedule 2.

(2) Where the Department, having undertaken the assessment required by paragraph (1) considers that the proposed development should proceed, it may grant the fish culture licence which relates to the proposed development or it may do so subject to conditions.

(3) Where the Department, having undertaken the assessment required by paragraph (1), considers that the proposed development should not proceed, it shall refuse the application for a fish culture licence which relates to the proposed development.

(4) Where the Department makes a determination under this regulation it shall—

(a) notify the applicant, each of the consultation bodies and any person whom in its opinion is likely to be affected by the proposed development in accordance with paragraph (5); and

(b) publish a general and local advertisement in accordance with paragraph (6).

(5) Each notice under paragraph (4) shall inform the person concerned of the determination and shall give a statement of —

(a) the Department’s determination and any conditions to which it is subject;

(b) the main reasons and considerations upon which its determination was based; and

(c) where necessary, a description of the main measures to avoid, reduce and, if possible, offset the adverse effects of the proposed development.

(6) Each of the advertisements referred to in paragraph (4) shall inform the public of the determination and give details of the places where and the times at which the public may inspect a statement of —

(a) the Department’s determination and any conditions to which it is subject;

(b) the main reasons and considerations upon which its determination was based; and

(c) where necessary, a description of the main measures to avoid, reduce and, if possible, offset the adverse effects of the proposed development.

(7) In relation to any determination made by itself under this regulation or opinion given by itself under regulation 6, the Department shall maintain a record of, and make available to the public on request the following information —

(a) the content of the determination and any conditions attached;

(b) the main reasons and considerations on which the decision is based including information about the public participation process; and

(c) a description, where necessary, of the main measures proposed to avoid, reduce or, if possible offset any major adverse effects.