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The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017

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Amendment to the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

This section has no associated Explanatory Memorandum

3.  In regulation 2(1) (Interpretation)—

(a)for the definition “Area of Special Scientific Interest” substitute “means and area so declared by Article 28 of the Environment (Northern Ireland) Order 2002(1);”

(b)for the definition “the Department” substitute “means the Department of Agriculture, Environment and Rural Affairs;”

(c)for the definition “EIA Directive” substitute “means Directive 2011/92/EU(2) of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 2014/52/EU(3) of the European Parliament and of the Council;”

(d)for the definition “Environmental Statement” substitute—

means an environmental impact assessment report, which should be prepared by a competent expert and—

(a)

include at least the information referred to in Part 1 of Schedule 3;

(b)

is based on any scoping opinion given under regulation 10 in respect of the significant project;

(c)

any additional information which , taking into account current knowledge and methods of assessment, may reasonably required for reaching a reasoned conclusion on the significant effects of the project on the environment;

(d)

takes into account the results of any relevant UK environmental assessments which are reasonably available to the applicant, and

(e)

states the relevant expertise and qualifications of the competent person.

(e)for the definition “European site” substitute “means a site mentioned in regulation 9 of the Habitat Regulations.

(f)in the definition of “the Habitat Directive” for the words from “the Act concerning” to the end substitute “as last amended by Council Directive 2013/17/EU(4);”;

(g)in the definition of “the Habitat Regulations” for “&c” substitute “etc”;

(h)in the definition of “sensitive area” after “1985” insert “(5)”

(i)insert at the appropriate places—

“the Birds Directive” means Directive 2009/147/EC(6) of the European Parliament of the Council of 30 November 2009 on the conservation of wilds birds as last amended by Council Directive 2013/17/EU;

EU environmental assessment” means an assessment carried out—

(a)

under an obligation to which section 2(1) of the European Communities Act 1972 applies (other than the EIA Directive), or

(b)

under the law of any part of the United Kingdom implementing an EU obligation other than an obligation arising under the EIA Directive, of the effect of anything on the environment;

“UK environmental assessments” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment;

(1)

2002 No. 3153 (N.I. 7) as commenced by art 2

(2)

OJ L 26, 28.01.2012, p.1

(3)

OJ L 124, 25.4.2014, p.1

(4)

OJ L 158, 10.6.2013, p.1 193

(5)

1985 No. 170 (N.I. 1) as amended by 1989 No. 93 (N.I. 3)

(6)

OJ L 20, 26.01.2010, p.7

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