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

SCHEDULE 1 Thresholds

Column 1	Column 2	Column 3
Uncultivated land project	2 hectares	2 hectares
Restructuring project involving the addition or removal of any field boundary (including any wall, fence, bank, ditch or watercourse)	4 kilometres	2 kilometres
Restructuring project which involves an area of land	100 hectares	50 hectares

SCHEDULE 2 Selection criteria for a screening notice or a screening decision

1.    Characteristics of projects

The characteristics of projects, having regard in particular to—

(a) the size of the project;

(b) the cumulation with other projects;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

(f) the risk of accidents, having regard in particular to substances or technologies used.

2.    Location of projects

The environmental sensitivity of geographical areas likely to be affected by projects, having regard in particular to—

(g) the existing land use;

(h) the relative abundance, quality and regenerative capacity of natural resources in the area; and

(i) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under legislation (including European sites or Areas of Special Scientific Interest);

(vi) areas in which the environmental quality standards laid down in any legislation of the Communities have already been exceeded;

(vii) densely populated areas; and

(viii) landscapes of historical, cultural or archaeological significance.

3.    The potential impact

The potential significant effects of projects, in relation to criteria set out under paragraphs 1 and 2, having regard in particular to—

(j) the extent of the impact (geographical area and size of the affected population);

(k) the magnitude and complexity of the impact;

(l) the probability of the impact; and

(m) the duration, frequency and reversibility of the impact.

SCHEDULE 3 Information for inclusion in the environmental statements

PART 1

1.  A description of the project, including in particular—

(a) a description of the physical characteristics of the whole project and the land use requirements during the construction, or other implementation, and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity and the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed project.

2.  An outline of the main alternatives studied by the applicant for consent and an indication of the main reasons for his choice, taking into account the environmental effects.

3.  A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

4.  A description of the likely significant effects of the project on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project, resulting from—

(a) the existence of the project;

(b) the use of natural resources; and

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the applicant for consent of the forecasting methods used to assess the effects on the environment.

5.  A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

6.  A non-technical summary of the information provided under paragraphs 1 to 5 of this Part.

7.  An indication of any difficulties (including technical deficiencies or lack of know-how) encountered by the applicant for consent in compiling the required information.

PART 2

1.  A description of the project comprising information on the site, design and size of the project.

2.  A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

3.  The data required to identify and assess the main effects which the project is likely to have on the environment.

4.  An outline of the main alternatives studied by the applicant for consent and an indication of the main reasons for his choice, taking into account the environmental effects.

5.  A non-technical summary of the information provided under paragraphs 1 to 4 of this Part.

SCHEDULE 4 Review 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.

SCHEDULE 5 Consultation Bodies

• Agri-Food and Biosciences Institute

• Causeway Coast and Glens Heritage Trust

• Council for Nature, Conservation and the Countryside

• Countryside Access Activities Network

• Department of Agriculture and Food (Republic of Ireland)

• Department of the Environment and all its executive agencies

• Department for the Environment, Food and Rural Affairs

• Department of Regional Development

• Farming and Wildlife Advisory Group

• Forest Service

• Mourne Heritage Trust

• National Trust

• Northern Ireland Agricultural Producers’ Association

• Northern Ireland Biodiversity Group

• Northern Ireland Environment Link

• Rivers Agency

• Royal Society for the Protection of Birds

• Scottish Executive Environment and Rural Affairs Department

• Ulster Farmers’ Union

• Ulster Wildlife Trust

• Welsh Assembly

• World Wildlife Fund Northern Ireland