http://www.legislation.gov.uk/nisr/2005/32The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005HorticultureEnvironmental impact assessmentWater resourcesEUROPEAN COMMUNITIESWATER AND SEWERAGEStatute Law Database2024-10-16Expert Participation2023-12-26 These Regulations provide (in relation to water management projects for agriculture in Northern Ireland), for the assessment of the effects of such projects on the environment in accordance with Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L175, 5.7.1985, p. 40), as amended by Council Directive 97/11/EC (O.J. No. L73, 14.3.1997, p. 5). 2005 No. 32EUROPEAN COMMUNITIESWATER AND SEWERAGE<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005</Repeal>Made9th February 2005Coming into operation9th March 2005The Department of the Environment, being a department designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of powers conferred upon it by that section and of all other powers enabling it in that behalf, hereby makes the following Regulations: PART 1<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">GENERAL</Repeal><Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Citation and commencement</Repeal>1These Regulations may be cited as the Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005 and shall come into operation on 9th March 2005.<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Interpretation</Repeal>21The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.2In 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;...“Commission” means the Water Appeals Commission established under Article 7 of the Water and Sewerage Services (Northern Ireland) Order 1973;...“consultation body” means a person likely to have an interest in a project by reason of his specific environmental responsibilities or hold any information relevant to a project;“the Department” means the Department of the Environment;“the Directive” means Council Directive 85/337/EEC, concerning the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC and Council Directive 2003/35/EC on providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC; “licence” means a licence granted under regulation 10 of the Water Abstraction and Impoundment (Licensing) Regulations (NI) 2006; “relevant project” has the meaning given by regulation 3.3Other expressions used both in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Application</Repeal>31An environmental impact assessment shall be carried out in accordance with these Regulations in relation to a relevant project.2A project is a relevant project if –ait is a water management project for agriculture, including an irrigation project; andbit would be likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location.3A project is not a relevant project if it –aconstitutes development to which the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 apply;bconstitutes the carrying out of drainage works within the meaning of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001; orcinvolves the abstraction, diversion or impoundment of less than 200 cubic metres of water in any period of 24 hours.PART 2<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">PRE-APPLICATION PROCEDURES & ASSESSMENT OF RELEVANT PROJECTS</Repeal><Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Determination whether a project is a relevant project</Repeal>41 Any person (“the applicant”) who proposes to apply for, or for the modification of, a licence in relation to a project which may be a relevant project may in writing request the Department to make a determination whether the project is a relevant project.2The request shall be accompanied by –aa plan sufficient to identify the place where the project is to be carried out;ba brief description of the nature, extent and purpose of the project and its possible effects on the environment; andcany other information or representations which the applicant wishes the Department to take into account.3Where the Department considers that it has insufficient information to determine the request, it shall by notice in writing inform the applicant and specify what further information it requires.4In determining whether a project is a relevant project the Department shall take into account such of the selection criteria set out in Schedule 1 as are relevant.5The Department shall give the applicant written notice of its determination before the expiry of –aa period of twenty-eight days beginning with –ithe date on which the request is received; oriiwhere the Department has served a notice under paragraph (3), the date on which the further information specified is given to the Department; orbsuch longer period as may be agreed in writing with the applicant.6Where –athe Department fails to make a determination before the expiry of the period specified in paragraph (5); orbthe applicant is dissatisfied with the Department’s determination that the proposed project would amount to or form part of a relevant project,the applicant may apply to the Commission for a determination on the matter by notice in writing not later than twenty-eight days after the expiry of that period or, as the case may be, after the date of the determination of the Department.7Where an application is made to the Commission under paragraph (6), the Commission shall send a copy of the application to the Department.8The Commission shall by notice in writing given to the Applicant and the Department –auphold or reverse the determination of the Department; orbin default of a determination by the Department, determine whether the project is a relevant project.9A determination under this regulation shall be accompanied by a written statement of the reasons for that determination.10The Department or, as the case may be, the Commission shall take such steps as are considered appropriate to make a determination under this regulation available to the public.11Where an applicant makes an application for or for the modification of, a licence in relation to the project in question he shall furnish a copy of any determination made under this regulation with his application.<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Environmental statement to be provided in relation to an application</Repeal>5An environmental statement and any further information required by the Department under regulation 6(7) shall be provided in relation to an application for, or for the modification of, a licence for a relevant project.<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Environmental statement, and opinions of the Department on the contents of an environmental statement</Repeal>6An environmental statement shall include such of the information set out in Schedule 2 as is relevant to the relevant project and at least the following –aa description of the project comprising information on the site, design and size of the project;ba description of the aspects of the environment likely to be significantly affected by the project;ca description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;dan outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects; andea non-technical summary of the information provided under sub-paragraphs (a) to (d).2If a person so requests before making an application for, or for the modification of, a licence for a relevant project the Department shall, having consulted the person making the request and the consultation bodies, give an opinion on the information which should be contained in an environmental statement accompanying such an application.3The fact that the Department has given an opinion under paragraph (2) shall not preclude it from subsequently requiring the person making the request to provide further information.4The Department and the consultation bodies shall, if requested by a person proposing to make an application for which an environmental statement is required, enter into consultation with him to determine whether they have in their possession any information which may be relevant to the preparation of an environmental statement and, if they have, they shall make it available to him.5Paragraph (4) shall not require the disclosure of information where disclosure of that information may be refused under the Environmental Information Regulations 2004.6Any body which provides information to a person under paragraph (4) may require him to pay a charge which reflects the cost of making that information available.7If the Department considers that an environmental statement does not contain all the information required by paragraph (1), it shall by notice in writing –ainform the applicant; andbspecify what further information the Department requires,and the applicant shall provide that information to the Department.PART 3<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">CONSENT</Repeal><Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">The application</Repeal>7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true"><Substitution ChangeId="key-4ce2c6cda9562a47c0a181b852304f7c-1728909684661" CommentaryRef="key-4ce2c6cda9562a47c0a181b852304f7c">Publicity for an application</Substitution></Repeal>81Where an environmental statement or further information is provided in accordance with regulation 6, the applicant shall publish in the Belfast Gazette and such newspapers circulating in the relevant locality as the Department shall by notice in writing specify, a notice—astating the applicant’s name and that he has made an application to which these Regulations apply and that he has provided the Department with an environmental statement or further information in accordance with regulation 6;bnaming a place in the relevant locality at which copies of the application, the environmental statement and any further information may be inspected free of charge at all reasonable hours within a period of twenty-eight days beginning on the date the notice was published;cspecifying an address at which copies of the application, the environmental statement and any further information may be obtained from the applicant and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge; anddstating that any person wishing to make representations in relation to the application should make them to the Department in writing within a period of twenty-eight days beginning on the date the notice was first published in the newspaper, at a specified address nominated by the Department.2By not later than such date as may be specified by the Department, the applicant shall send a copy of the notice published under paragraph (1) and the application (including the environmental statement and the further information) to—athe consultation bodies; andbsuch persons as the Department may specify,under cover of a letter stating that any representations in relation to the application should be made in writing to the Department within a period of twenty-eight days beginning with the date of the letter.3The applicant shall send to the Department a copy of any notice published under paragraph (1) and the Department shall publish that notice on its website.4This paragraph applies to the following information namely—aany information which is provided to the Department in response to its consultation under regulation 6(2); andbany information which is relevant to the determination under regulation 9 and which becomes available to the Department, whether as a result of a request by the Department or otherwise, after the date on which the notice was published under paragraph (1).5Where the Department receives any information to which paragraph (4) applies it shall, on its website—astate a place where, during a period of twenty-eight days beginning on the day fourteen days after which the information becomes available to the Department, a copy of the information may be inspected, and that the inspection is free of charge; andbspecify an address from which a copy of the information may be obtained from the Department and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge.6The Department shall not determine an application made by a person where that person has not complied with a requirement of paragraph (1), (2) or (3).<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Determination of application and notice of determination</Repeal>91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2In determining an application for, or for the modification of, a licence for a relevant project the Department shall take into consideration the environmental statement, any further information provided, and any representations relating to the environmental effects of the project made to the Department in accordance with these Regulations.3Within twenty-eight days of the decision on the application, the Department shall publish on its website and in those newspapers in which a notice was published under regulation 8 a notice stating that the Department has granted or refused the application and stating a place and times where any person may inspect –aany relevant licence or modification thereof;ba document containing the relevant decision and the main reasons and considerations on which it is based; ...ca description, where necessary, of the main measures to avoid, reduce and if possible offset the major adverse effects of the project.dinformation about the public participation process; andeinformation regarding any right to challenge the validity of the decision and the procedures for doing so.<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Department’s decision on an application for consent</Repeal>10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Revocation or modification of consent</Repeal>11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 4<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">PROHIBITION NOTICES</Repeal><Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Prohibition notices</Repeal>12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Penalties for contravention of a prohibition notice</Repeal>13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 5<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">PROJECTS LIKELY TO AFFECT OTHER MEMBER STATES</Repeal><Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Projects likely to have significant effects on the environment in another Member State</Repeal>141Where –ait comes to the attention of the Department that the proposed project is the subject of an environmental impact assessment application and is likely to have significant effects on the environment in another Member State; orbanother Member State likely to be significantly affected by such a project so requests,the Department shall –ipublish a notice in the Belfast Gazette giving the address of the proposed project, stating that it is accompanied by an environmental statement and that it is likely to have significant effects on the environment of another Member State and giving an address at which further information may be obtained;iisend to the Member State as soon as possible and no later than the date of publication of the notice referred to in paragraph (i), the particulars mentioned in paragraph (2) and, if the Department thinks fit, the information referred to in paragraph (3); andiiigive the Member State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these regulations provide.2The particulars referred to in paragraph (1)(ii) are –aa description of the project, together with any available information on its possible significant effect on the environment in another Member State; andbinformation on the nature of the decision which may be taken.3Where a Member State indicates in accordance with paragraph (1)(iii), that it wishes to participate in the procedure for which these regulations provide, the Department shall send to that Member State –aa description of the project concerned;ba copy of the environmental statement in respect of the project to which that application relates; andcrelevant information regarding the procedure under these Regulations,unless that information has already been provided to the Member State earlier in accordance with paragraph (1)(ii).4The Department shall also –aarrange for the particulars and information referred to in paragraphs (2) and (3) to be made available, within a reasonable time, to the authorities referred to in Article 6.1 of the Directive and to the public concerned in the territory of the Member State likely to be significantly affected; andbensure that those authorities and the public concerned are given an opportunity, before the licence or modification thereof is granted, to forward to the Department, within a reasonable time, their opinion on the information supplied.5The Department shall in accordance with Article 7.4 of the Directive –aenter into consultations with the Member State concerned regarding, inter alia, the potential significant effects of the project on the environment of that Member State and the measures envisaged to reduce or eliminate such effects; andbdetermine, in agreement with the other Member State, a reasonable period of time for the duration of the consultation period.6Where a Member State has been consulted in accordance with paragraph (3), on the determination of the application concerned, the Department shall inform the Member State and shall forward to it a statement of –athe content of the decision and any conditions attached thereto;bthe main reasons and considerations on which the decision is based; andca description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Projects in another Member State likely to have significant transboundary effects</Repeal>151Where the Department receives from another Member State pursuant to Article 7.2 of the Directive information which the Member State has gathered from the applicant of a proposed project in that Member State which is likely to have significant effects on the environment in Northern Ireland, the Department shall, in accordance with Article 7.4 of the Directive –aenter into consultations with that Member State regarding, inter alia, the potential significant effects of the proposed project on the environment in Northern Ireland and the measures envisaged to reduce or eliminate such effects; andbdetermine in agreement with that Member State a reasonable period, before consent for the project is granted, during which members of the public in Northern Ireland may submit to the competent authority in that Member State representations pursuant to Article 7.3(b) of the Directive.2The Department, in so far as it is concerned, shall also –aarrange for the information referred to in paragraph (1) to be made available, within a reasonable time, both to the authorities in Northern Ireland which it considers are likely to be concerned by the project by reason of their specific environmental responsibilities, and to the public concerned in Northern Ireland; andbensure that those authorities and the public concerned in Northern Ireland are given an opportunity before consent for the project is granted, to forward to the competent authority in the relevant Member State, within a reasonable time, their opinion on the information supplied.PART 6<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">OFFENCES & APPEALS IN CONNECTION WITH CONSENT, REVOCATION, MODIFICATION AND PROHIBITION NOTICES</Repeal><Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Restriction on commencing a relevant project</Repeal>16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Appeals in relation to consent</Repeal>17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Appeals in relation to revocation and modification notices</Repeal>18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 7<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">REGISTERS</Repeal><Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Register of environmental statements and further information</Repeal>19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sealed with the Official Seal of the Department of the Environment on 9th February 2005.Judena GoldringA senior officer of theDepartment of the Environment SCHEDULE 1<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">SELECTION CRITERIA FOR RELEVANT PROJECTS</Repeal>Regulation 4(4)<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Characteristics of projects</Repeal>1The characteristics of projects must be considered having regard, in particular, to –athe size of the project;bthe cumulation with other projects;cthe use of natural resources;dthe production of waste;epollution and nuisances;fthe risk of accidents, having regard in particular to substances or technologies used.<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Location of projects</Repeal>2The environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regard, in particular, to –athe existing land use;bthe relative abundance, quality and regenerative capacity of natural resources in the area;cthe absorption capacity of the natural environment, paying particular attention to the following areas –iwetlands;iicoastal zones;iiimountain and forest areas;ivnature reserves and parks;vareas classified or protected under EEA States' legislation; special protection areas designated by EEA States pursuant to Council Directive 79/409/EEC on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora;viareas in which the environmental quality standards laid down in Community legislation have already been exceeded;viidensely populated areas;viiilandscapes of historical, cultural or archaeological significance.<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">Characteristics of the potential impact</Repeal>3The potential significant effects of projects must be considered in relation to criteria set out under paragraphs 1 and 2, and having regard in particular to –athe extent of the impact (geographical area and size of the affected population);bthe transfrontier nature of the impact;cthe magnitude and complexity of the impact;dthe probability of the impact;ethe duration, frequency and reversibility of the impact.SCHEDULE 2<Repeal ChangeId="key-13f068487df0e68a10115152e49fc598-1728992862363" CommentaryRef="key-13f068487df0e68a10115152e49fc598" RetainText="true">INFORMATION ABOUT PROPOSED PROJECT</Repeal>Regulation 6(1)1A description of the project, including in particular –aa description of the physical characteristics of the whole project and the land-use requirements during the construction and operational phases;ba description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;can estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation etc.) resulting from the operation of the proposed project.2An outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects.3A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.4A description (which shall cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project) of the likely significant effects of the proposed project on the environment resulting from:athe existence of the project;bthe use of natural resources;cthe emission of pollutants, the creation of nuisances and the elimination of waste,and the description by the developer of the forecasting methods used to assess the effects on the environment.5A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.6A non-technical summary of the information provided under the above headings.7An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information. (This note is not part of the Regulations.)

These Regulations provide (in relation to water management projects for agriculture in Northern Ireland), for the assessment of the effects of such projects on the environment in accordance with Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L175, 5.7.1985, p. 40), as amended by Council Directive 97/11/EC (O.J. No. L73, 14.3.1997, p. 5).

The Regulations impose procedural requirements in relation to the consideration of applications or proposals for consent for a relevant project.

Part 1 of the Regulations contains general provisions.

Regulation 3 requires an environmental impact assessment (EIA) to be carried out for water management projects for agriculture (including irrigation projects) which would be likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location. Projects involving the abstraction of water are only included if the amounts abstracted exceed 200 cubic metres in any 24 hours. There is an exclusion for development within the meaning of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 and land drainage improvement works within the meaning of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001.

Part 2 of the Regulations outlines the pre-application procedures for an EIA.

Regulations 4 and 5 provide the procedure for determining whether a water management project requires an EIA, and require an environmental statement to be provided where an EIA is required. The Department determines, at the request of the person applying or proposing to apply, whether the proposed project is a relevant project, using the selection criteria in Schedule 1. If the person who makes the request is dissatisfied with the Department’s determination, he may apply to the Water Appeals Commission to make its own determination. The determination must be made public, and must accompany any subsequent application for authorisation of the project.

Regulation 6 and Schedule 2 set out the information which an environmental statement must contain. The applicant may enter into consultation with any interested person or body to determine whether it possesses information relevant to the environmental statement. The Department is required to give an opinion on the content of an environmental statement if so requested.

Part 3 of the Regulations provides for the procedures to be undertaken in relation to relevant projects which require consent under these Regulations.

Regulation 7 outlines the application procedure and requires the Department to send copies of the application to the consultation bodies defined in regulation 2. Regulation 8 provides for the application to be publicised. Regulation 9 requires the Department to have regard to the environmental information provided and any representations received in determining the application. A notice of the outcome must be published and must also state where the relevant documentation is available for public inspection. Regulation 10 provides that the Department may grant or refuse such consent taking into account any significant effects the project is likely to have on the environment. Regulation 11 enables the Department to revoke or modify any consent should circumstances change whereby continuation of the consented project is likely to have a significant adverse effect on the environment due to its nature, size and location. Regulation 11 also provides that the Department may at any time modify or revoke a consent or modify or revoke conditions of the consent under certain circumstances.

Part 4 of the Regulations enables the Department to issue Prohibition Notices and prosecute any person who contravenes a Prohibition Notice.

Part 5 of the Regulations outlines the procedures to be followed in relation to projects likely to affect the Republic of Ireland and those in the Republic likely to affect Northern Ireland.

Part 6 of the Regulations provides for offences and appeals in relation to the Department’s decisions on consents, including revocation and modification of consents, and prohibition notices. Regulation 16 makes it an offence to begin or carry out a relevant project without the Department’s consent. Regulations 17 and 18 provide for appeals to be made to the Water Appeals Commission where the applicant/consent holder is dissatisfied with the Department’s decision.

Part 7 of the Regulations requires the Department to keep available specified documents for public inspection.

Copies of Council Directives 85/337/EEC and 97/11/EC can be obtained from Her Majesty’s Stationery Office, 16 Arthur Street, Belfast BT1 4GD.

 S.I. 1988/785 1972 c. 68 1954 c. 33 (N.I.) S.R. 1999 No. 73 S.R. 2001 No. 394 S.I. 2004/3391 O.J. L103 25.4.79, p. 1 O.J. L206 22.7.92, p. 7 Reg. 1 in operation at 9.3.2005, see reg. 1Reg. 2 in operation at 9.3.2005, see reg. 1Reg. 3 in operation at 9.3.2005, see reg. 1Reg. 4 in operation at 9.3.2005, see reg. 1Reg. 6 in operation at 9.3.2005, see reg. 1Reg. 9 in operation at 9.3.2005, see reg. 1Reg. 14 in operation at 9.3.2005, see reg. 1Reg. 15 in operation at 9.3.2005, see reg. 1Sch. 1 para. 1 in operation at 9.3.2005, see reg. 1Sch. 1 para. 2 in operation at 9.3.2005, see reg. 1Sch. 1 para. 3 in operation at 9.3.2005, see reg. 1Sch. 2 para. 1 in operation at 9.3.2005, see reg. 1Sch. 2 para. 2 in operation at 9.3.2005, see reg. 1Sch. 2 para. 3 in operation at 9.3.2005, see reg. 1Sch. 2 para. 4 in operation at 9.3.2005, see reg. 1Sch. 2 para. 5 in operation at 9.3.2005, see reg. 1Sch. 2 para. 6 in operation at 9.3.2005, see reg. 1Sch. 2 para. 7 in operation at 9.3.2005, see reg. 1Regs. 10-13 omitted (1.2.2007) by virtue of The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(9) (with reg. 4)Regs. 16-19 omitted (1.2.2007) by virtue of The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(9) (with reg. 4)Reg. 7 omitted (1.2.2007) by virtue of The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(9) (with reg. 4)Words in reg. 2(2) omitted (1.2.2007) by virtue of The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(2)(a) (with reg. 4)Words in reg. 2(2) omitted (1.2.2007) by virtue of The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(2)(b) (with reg. 4)Reg. 5 substituted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(4) (with reg. 4)Reg. 8 substituted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(6) (with reg. 4)Words in reg. 6(2) substituted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(5) (with reg. 4)Words in reg. 14(4)(b) substituted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(8) (with reg. 4)Words in reg. 4(1) substituted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(3)(a) (with reg. 4)Words in reg. 4(11) substituted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(3)(b) (with reg. 4)Words in reg. 2(2) inserted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(2)(c) (with reg. 4)Words in reg. 2(2) inserted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(2)(d) (with reg. 4)Reg. 9(1) omitted (1.2.2007) by virtue of The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(7)(a) (with reg. 4)Word in reg. 9(3)(b) omitted (1.2.2007) by virtue of The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(7)(c)(iii) (with reg. 4)Words in reg. 9(2) substituted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(7)(b) (with reg. 4)Words in reg. 9(3) inserted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(7)(c)(i) (with reg. 4)Words in reg. 9(3)(a) substituted (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(7)(c)(ii) (with reg. 4)Reg. 9(3)(d)(e) added (1.2.2007) by The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/483), regs. 1, 3(7)(c)(iii) (with reg. 4)Regulations revoked with savings (5.6.2017) by The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/85), regs. 1, 13(1)(a) (with reg. 13(2))Regulations: power to amend or revoke conferred (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 4 (with s. 247)