The Roads (Northern Ireland) Order 1993

[F1 Procedure N.I.

67A.— (1) The Department must publish any determination made by it as to whether or not a relevant project should be made subject to an environmental impact assessment in accordance with the Directive.

(2) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F3 Notice of the] environmental statement must be published so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express their opinion before the Department decides whether to proceed with the construction or improvement to which the assessment relates.

[F4 (3A) The notice must state—

(a) that the Department is considering implementing the project;

(b) the proposed location and nature of the project;

(c) that the project is subject to the environmental impact assessment procedure required by this Part and, where relevant, that Article 67B applies;

(d) that a copy of the environmental statement may be inspected at an address in the area in which the project is proposed to be situated during the period specified under sub-paragraph (i);

(e) the times at which the copy of the environmental statement may be so inspected;

(f) an address from which copies of the environmental statement may be obtained and from which further information about the project may be requested during the period specified under sub-paragraph (i);

(g) if a charge is to be made for a copy of the environmental statement, the amount of the charge;

(h) if the Department uses a website for the publication of information about projects that are subject to the procedure required by this Part, that a copy of the environmental statement or non-technical summary may be inspected on the website during the period specified under sub-paragraph (i);

(i) that any person wishing to make any representations about the project and the environmental statement may do so in writing to the Department at a specified address within a specified period, being not less than 6 weeks from the date of publication of the notice; and

(j) that the Department will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

(3B) The Department shall ensure that during the period specified under sub-paragraph (3A)(i)—

(a) copies of the environmental statement are available for inspection by any person free of charge at all reasonable hours at the address specified in sub-paragraph (3A)(d);

(b) copies of the environmental statement are available to be obtained by any person from the address specified in sub-paragraph (3A)(f); and

(c) where under sub-paragraph (3A)(h), the notice states the address of a website, that a copy of the environmental statement or non-technical summary is available for inspection, by any person, on that website.

(3C) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Department for the supply of a copy of the environmental statement—

(a) to a person, other than a consultation body; or

(b) to a consultation body to which one copy has already been supplied free of charge.]

(4) The Department must ensure that the consultation bodies are given an opportunity to express an opinion on the F5 . . . project and the environmental statement before the Department decides whether to proceed with the construction or improvement to which the assessment relates.

(5) After considering any opinions which have been expressed in relation to the statement the Department shall cause a local inquiry to be held if it appears to the Department to be necessary to do so.

(6) Where a local inquiry is held any interested person shall be permitted to appear in person or by a representative and to be heard at the inquiry.

(7) Before deciding whether to proceed with the construction or improvement in relation to which an environmental impact assessment has been made, the Department must take into consideration—

(a) the environmental statement;

[F6 (b) any opinion on that statement or the project which is expressed in writing by—

(i) any of the consultation bodies; or

(ii) any other person;

and is received by the Department within any period specified for the purpose;]

[F7 (bb) where Article 67B applies, and the EEA State has indicated in accordance with paragraph (4) of that Article that it wishes to participate in the procedure required by this Part, any opinion on that statement or the project which is expressed in writing by—

(i) the EEA State;

(ii) a member of the public in the EEA State; or

(iii) an authority having environmental responsibilities designated by the EEA State to be consulted about the project under Article 6(1) of the Directive;

and is received by the Department within the period specified under sub-paragraph (3A)(i);]

(c) where a local inquiry is held, the report of the person who held the inquiry.

(8) When the Department has decided whether to proceed with the construction or improvement for which an environmental impact assessment has been made, it must publish its decision together with a statement confirming that it has complied with paragraph (7) [F8 , and describing the right under Article 67BA(1) to challenge the validity of the decision,] and must make available to the public documents containing -

(a) the content of the decision and any conditions attached to it;

(b) the main reasons and considerations on which the decision is based; F9 . . .

(c) where the decision is to proceed with the construction or improvement, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project[F10 ; and

(d) information about the consultation carried out in compliance with this Article and Article 67B, the representations received on consultation, and any changes made as a result of those representations].

(9) Publication by the Department in accordance with paragraphs (1), (3) and (8) [F11 shall be—

(a) in the Belfast Gazette;

(b) in at least one local newspaper circulating in the area in which the project for the construction or improvement of the road is proposed to be situated; and

(c) if the Department uses a website for the publication of information about projects that are subject to the procedure required by this Part, on that website.]

(10) In this Article "the consultation bodies" means—

(a) any district council for the area in which the project for the construction or improvement of the road is situated; and

(b) other authorities likely to be concerned by the project by reason of their specific environmental responsibilities.]

F1 SR 1999/89

F2 Art. 67A(2) omitted (10.9.2007) by virtue of Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(a) (with reg. 3)

F3 Words in art. 67A(3) substituted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(b) (with reg. 3)

F4 Art. 67A(3A)-(3C) inserted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(c) (with reg. 3)

F5 Words in art. 67A(4) omitted (10.9.2007) by virtue of Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(d) (with reg. 3)

F6 Art. 67A(7)(b) substituted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(e)(i) (with reg. 3)

F7 Art. 67A(7)(bb) inserted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(e)(ii) (with reg. 3)

F8 Words in art. 67A(8) inserted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(f)(i) (with reg. 3)

F9 Word in art. 67A(8)(b) omitted (10.9.2007) by virtue of Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(f)(ii) (with reg. 3)

F10 Art. 67A(8)(d) and word added (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(f)(ii) (with reg. 3)

F11 Words in art. 67A(9) substituted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(3)(g) (with reg. 3)