The Harbour Works (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2007

Explanatory Note

(This note is not part of the Regulations)

The Regulations amend the Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003 (“the 2003 Regulations”) in order to implement Article 3 of Directive 2003/35/EC, (O.J. L156 25.6.2003), of the European Parliament and of the Council in so far as that Directive provides for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice. That Article amends Council Directives 85/337/EEC, (O.J. L175 5.7.1985), as amended by 97/11/EC, O.J. L73 14.3.1997.

Regulation 3 amends regulation 2 of the 2003 Regulations, the definitions section, by adding definitions for “any other information”, “any particular person”, and “by local advertisement”.

Regulation 4 amends regulation 7 of the 2003 Regulations and inserts a provision requiring the Department to notify persons likely to be affected by, or having an interest in, the application.

Regulations 5 and 6 amends regulations 8 and 9 of the 2003 Regulations to extend the public information requirements in respect of projects located within Northern Ireland that are likely to have significant effects on the environment of another Member State and for projects in another Member State that are likely to affect Northern Ireland.

Regulation 7 amends regulation 10 of the 2003 Regulations and inserts a provision requiring the, appropriate Department to notify persons likely to be affected by, or having an interest in, the application.

Regulation 8 amends regulation 11 of the 2003 Regulations in relation to publicity arrangements for environmental statements, information about the public participation process and challenging decisions.

Regulations 9 and 10 amend Schedules 3 and 4 of the 2003 Regulations by inserting a new category of project. This new category of project is a change to or extension of a project where the change or extension itself meets the Schedule 3 thresholds for that type of project.

Copies of Council Directives 85/337/EEC, 97/11/EC and 2003/35/EC are available from the European Commission office in Northern Ireland, Windsor House, 9/15 Bedford Street, Belfast BT2 7EG.