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

Application

3.—(1) An environmental impact assessment must be carried out in accordance with these Regulations in relation to a relevant project.

(2) A project is a relevant project if—

(a) it is a water management project for agriculture, including an irrigation project; and

(b) it would be likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location.

(3) A project is not a relevant project if it—

(a) constitutes development to which the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017(1) apply;

(b) constitutes the carrying out of drainage works within the meaning of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001(2);

(c) involves the abstraction, diversion or impoundment of less than 200 cubic metres of water in any period of 24 hours; or

(d) is exempt as a consequence of a determination made in accordance with paragraphs (4) or (5).

(4) The Department may determine that a relevant project, or a project which may be a relevant project, is exempt where the circumstances are exceptional and it considers that—

(a) an environmental impact assessment would have an adverse effect on the purpose of the project; and

(b) the objectives of the Directive will still be met even though such an assessment is not carried out.

(5) The Department may determine that a relevant project, or a project which may be a relevant project, is exempt if—

(a) the project has response to a civil emergency as its sole purpose; and

(b) the Department considers that an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of that purpose.

(6) Where the Department makes a determination that a relevant project, or a project which may be a relevant project, is exempt in accordance with paragraph (4), it must—

(a) consider whether another form of assessment of the likely significant effects on the environment of the project is appropriate; and

(b) make available to the public concerned—

(i) the determination including an explanation of the reasons for it; and

(ii) the information obtained in accordance with any other assessments referred to in sub-paragraph (a).

(1)

S.R. 2017 No.83

(2)

S.R. 2001 No.394