The Environmental Impact Assessment (Forestry) (Amendment) Regulations (Northern Ireland) 2017

Regulation 2 (interpretation)

4.  In regulation 2(1)—

(a) for the definition of “consultation bodies” substitute—

““consultation bodies” in relation to any project means—

any public body, statutory authority or organisation which exercises statutory functions or is otherwise designated by any statutory provision as having responsibilities relating to the environment;;”;

(b) for the definition of “Department” substitute—

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

(c) for the definition of “the Directive” substitute—

““the Directive” means Directive 2011/92/EU 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”;

(d) after the definition of “environmental information” insert—

““environmental impact assessment” means—

(a)

the preparation of an environmental statement;

(b)

the carrying out of consultations under regulation 9 and, where relevant, regulation 15;

(c)

the consideration of the environmental statement and other information under regulation 16;

(d)

reaching a conclusion about the likely significant effects of the project under regulation 16; and

(e)

the consideration of that conclusion under regulation 16, before the decision whether or not to grant consent;”;

(e) for the definition of “environmental statement” substitute—

““environmental statement” means a statement that—

(a)

includes such of the information referred to in Part 1 of Schedule 1 as is relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected;

(b)

includes at least the information referred to in Part 2 of Schedule 1;

(c)

takes into account, with a view to avoiding duplication of assessments, the available results of other relevant assessments under Union or national legislation, when preparing the statement;

(d)

is based on any opinion issued pursuant to regulation 7 and where such an opinion is issued, includes the information that may reasonably be required for reaching a conclusion on the significant effects of the project on the environment, taking into account current knowledge and methods of assessment;

(e)

is prepared by competent persons; and

(f)

is accompanied by a statement from the proposer outlining the relevant experience or qualifications of such persons;”;

(f) for the definition of ‘local advertisement’ substitute—

““local advertisement” means publishing or making available a notice—

(a)

in one or more newspapers circulating in the immediate locality of any relevant project; or

(b)

by a district council in that locality; or

(c)

at library premises (within the meaning of section 11 of the Libraries Act (Northern Ireland) 2008 in that locality);”;

(g) after the definition of “relevant project”, insert—

““Union legislation” means any enactment in the domestic legislation of Northern Ireland giving effect to an EU obligation”.