The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

Interpretation

2.—(1) In these Regulations—

“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding or keeping, the use of land as grazing land, meadowland, osier land, reed beds, market gardens and nursery grounds;

“applicant” means a person who applies for a licence, or for the modification of a licence, in relation to a relevant project;

“consultation bodies” means any body designated by the Department for the purposes of Parts 2 and 3 of these Regulations on a case by case basis or designated by statutory provision as having specific environmental responsibilities which the Department considers likely to have an interest in a relevant project;

“EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that agreement signed at Brussels on 17th March 1993, as modified or supplemented immediately prior to the commencement of these Regulations;

“EEA state” means—

(a)

a state which is a member state; or

(b)

any other state which is a party to the EEA agreement;

“environmental impact assessment” means—

(c)

the preparation of an environmental impact assessment report in accordance with regulations 7 and 8;

(d)

any consultation, publication and notification required in accordance with regulation 9 and, where relevant, regulations 11 and 12 in respect of an application for a relevant project;

(e)

the examination of the environmental impact assessment report and other information in accordance with regulation 10;

(f)

the reasoned conclusion about the likely significant environmental effects of a relevant project in accordance with regulation 10; and

(g)

the integration of that conclusion in the determination of whether or not to grant or modify a licence for a relevant project;

“environmental impact assessment report” means a report prepared in accordance with regulations 7 and 8;

“environmental information” means the environmental impact assessment report, including any supplementary information and any other information, any representations made by any consultation bodies, and any representations duly made by any other person about the environmental effects of a relevant project;

“licence” means a licence granted in accordance with regulation 10 of the Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006(1);

“relevant project” has the meaning given by regulation 3;

“the 2005 Regulations” means the Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005(2);

“the Commission” means the Water Appeals Commission for Northern Ireland;

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

“the Directive” means Directive 2011/92/EU(3) 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 Directive 2014/52/EU(4) of the European Parliament and of the Council.

(2) Expressions used in both these Regulations and the Directive and not otherwise defined in these Regulations have the same meaning for the purposes of these Regulations as they do for the purposes of the Directive.

(3) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(1)

S.R. 2006 No.284

(2)

S.R. 2005 No.32 as amended by S.R. 2006 No.483

(3)

O.J. L26, 28.1.2012, p.1-21

(4)

O.J. L124, 25.4.2014, p.1-18

(5)

1954 c.33 (N.I.)