Extent of Regulations
3.—(1) These Regulations apply to any restructuring project or uncultivated land project, unless it is exempt under paragraph (2) or (3).
(2) A restructuring project or an uncultivated land project is exempt if it—
(a)constitutes development to which the Planning (Northern Ireland) (Environmental Impact Assessment) Regulations 1999(1) apply;
(b)is directed by the Department to be exempt from regulations 4 to 34 of these Regulations, in accordance with Article 2(3) of the EIA Directive;
(c)constitutes the carrying out of improvement works by a drainage body within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations (Northern Ireland) 2006(2);
(d)is a project mentioned in regulation 3(2) of the Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000(3);
(e)constitutes a relevant project under regulation 3(2) of the Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005(4);
(f)constitutes the restoration of a field boundary under regulation 3(2)(a) of the Countryside Management Regulations (Northern Ireland) 2005(5), and Article 4(3) of the Environmentally Sensitive Areas Designation Order (Northern Ireland) 2005(6);
(3) In the case of a project which the Department decides is likely to have a significant effect on a European site or Area of Special Scientific Interest (either alone or in combination with other projects), the power to direct that the project is exempt under paragraph (2) is only exercisable to the extent that compliance with the Habitats Directive is secured in relation to the project.
(4) Where the Department proposes to give a direction under paragraph (2), it shall—
(a)consider whether any other kind of assessment of the project would be appropriate; and
(b)take such steps as the Department considers appropriate to bring to the attention of the public—
(i)the information considered in making the direction and the reasons for doing so, and
(ii)the information obtained from any assessment of the project under sub-paragraph (a).