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The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

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SCHEDULE 4Review of decisions and consents

1.  As soon as is reasonably practicable the Department must, for the purpose of determining whether the project permitted by the decision or consent will adversely affect the integrity of the site, make an appropriate assessment of the implications of the project for the European site or Area of Special Scientific Interest in view of the site’s conservation objectives.

2.  For the purposes of the assessment, the Department may —

(a)require any person interested in the relevant land to supply it with such information as it reasonably thinks necessary; and

(b)if it considers it necessary, consult members of the public.

3.  Unless, following the assessment, the Department is satisfied that the project permitted by the decision or consent will not adversely affect the integrity of the European site or Area of Special Scientific Interest, and regulation 17(4) does not apply, The Department shall—

(a)in the case of a decision, revoke the decision; and

(b)in the case of a consent, either—

(i)revoke the consent; or

(ii)make such modifications to the consent as appear to it to be necessary to ensure that the project will not adversely affect the integrity of the European site or Area of Special Scientific Interest,

and the Department must notify all persons who appear to it to have an interest in the relevant land of its decision (its “further decision”).

4.  Subject to paragraph 5, a further decision does not affect any works that have already been carried out in relation to a decision or consent.

5.—(1) If—

(a)a project which is subject to a further decision has commenced; and

(b)it appears to the Department to be necessary to safeguard the integrity of the European site or Area of Special Scientific Interest,

the Department may by notice require the person responsible for carrying out such works, or the owner/occupier of the relevant land, to carry out such works of reinstatement as may be reasonable in the circumstances,

(2) A notice under paragraph (1) must state the period during which the works must be carried out.

(3) Any person who carries out such reinstatement works is entitled, on making a claim in accordance with paragraph 8, to recover from the Department compensation in respect of any expenses reasonably incurred by him in carrying out those works.

6.—(1) Regulation 28 applies to a further decision made under paragraph 3.

(2) Regulation 27 applies to a notice served under paragraph 5.

7.  If, following a further decision, a person has incurred expenditure in carrying out work which is rendered abortive by the further decision or has otherwise sustained loss of damage which is directly attributable to the further decision, he is entitled to be paid compensation on submitting a claim in accordance with paragraph 8.

8.  A claim for compensation payable under paragraph 5(3) or 7 must be submitted to the Department within 6 weeks of the notification of the further decision and must be accompanied by such evidence as the Department may reasonably require.

9.  Any dispute as to the amount of compensation payable under paragraph 5(3) or 7 may be referred to the Lands Tribunal within 6 years of the date of notification of the further decision in respect of which compensation is payable.

10.  Nothing in this Schedule affects anything done in pursuance of a decision or consent before the date the site became a European site or Area of Special Scientific Interest.

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