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

Scoping opinion of the Department

6.—(1) A person who is minded to apply for a fish culture licence as regards fish farming in marine waters may request the Department to state in writing its opinion as to the information to be provided in an environmental statement in respect of the proposed development.

(2) A request under paragraph (1) shall be accompanied by—

(a) a map or chart showing the location and extent of the site of the proposed fish farm;

(b) a brief outline of the proposed annual scale of production in tonnes (deadweight), the biomass capacity of the proposed development, the equipment to be installed on site and of the possible effects of the proposed development on the environment;

(c) a statement of the proposed servicing methods and of any intended associated development; and

(d) such other information or representations as the person making the request may wish to provide or make.

(3) The Department shall, if it considers that it has not been provided with sufficient information to enable it to give a scoping opinion, notify the person making the request in writing of the matters on which it requires further information.

(4) The Department shall not give a scoping opinion in response to a request under paragraph (1) unless it has consulted the person who made the request and any persons consulted under regulation 4(4) or (13).

(5) The Department shall, subject to paragraph (6), respond to such a request within 6 weeks commencing with the date of receipt of the request or, if relevant, of the date of the notice under paragraph (3) or such longer period as may be agreed in writing with the person making the request.

(6) Where a person has, at the same time as making the request for a screening opinion under regulation 4(1), asked the Department for an opinion under paragraph (1), and the Department has given a screening opinion to the effect that consideration of environmental information is required, the Department shall give a scoping opinion within 6 weeks commencing with the date on which that screening opinion was given or such longer period as may be agreed in writing with the person making the request to which it relates.

(7) In giving a scoping opinion the Department shall take into account—

(a) the specific characteristics of the proposed development; and

(b) the environmental features likely to be affected by the proposed development.

(8) Where the Department has given a scoping opinion in response to a request under paragraph (1) it shall not be precluded from requiring of the person to whom that opinion was given further information in connection with a statement submitted by the applicant which he refers to as an environmental statement for the purposes of these Regulations in connection with an application for a fish culture licence for the same, or substantially the same, development as was referred to in the request.