The Offshore Electricity Development (Environmental Impact Assessment) Regulations (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations are concerned with the implementation in Northern Ireland of Council Directive 85/337/EEC as amended by Council Directive 97/11/EC on the assessment of the effects of certain public and private developments on the environment (“the Directive”).

The Regulations impose procedural requirements in connection with the consideration of applications for consents under Article 39 or 40 of the Electricity (Northern Ireland) Order 1992 (“the 1992 Order”) (together referred to as relevant consents) insofar as they relate to offshore developments to ensure that those developments have environmental statements either where they are described in Schedule 1, or are described in Schedule 2 and are likely to have a significant effects on the environment by virtue of factors such as their nature, size and location.

The Regulations do not apply in relation to any consent under Article 39 or 40 of the 1992 Order for which an application has been received by the Department before the Regulations come into operation.

Regulation 5 deals with the procedures for developers proposing to apply for a relevant consent. Under this Regulation they may request a determination from the Department as to whether a proposed application requires an environmental statement or an opinion as to the information to be included in the environmental statement. In considering either request the Department, if it considers that it has not been provided with sufficient information, may seek further information and is required to consult with the applicant and certain consultation bodies. Any determination or opinion given must be publicised by the Department.

Regulation 6 provides for a developer to notify the Department in writing that he intends to provide an environmental statement and also provides for the Department to notify the appropriate district council and consultation bodies of the fact.

Regulation 7 provides for such bodies to enter into consultation with the developer with a view to ascertaining whether they have any information in their possession which is relevant to the preparation of the statement.

Regulation 8 requires the Department to make an appropriate determination where an application for a relevant consent has been made without a prior determination as to whether or not the development proposed requires an environmental statement. It also specifies the procedure to be followed where the application is not accompanied by an environmental statement.

Regulation 9 provides for publicity by the Department where an environmental statement is submitted in connection with an application for a relevant consent. Regulation 10 concerns the provision of copies of an environmental statement by the developer. Regulation 11 provides for consultation on the statement and Regulation 12 deals with the provision of additional information where this is required by the Department to determine the application. Regulation 13 provides that a person preparing a statement may charge the public for copies. It also allows a body which enters into consultation under Regulation 7 to make a reasonable charge for its costs.

Regulation 14 implements Article 7 of the Directive by providing for consultation between Member States in cases where developments in Northern Ireland are likely to have significant effects on the environment in another Member State.

Regulation 15 imposes duties on the Department in determining whether or not to grant a consent so that a proposed development should proceed. The Department must undertake an assessment, in the light of the environmental statement and any further information, of the direct and indirect effects of the proposed development on the environmental factors specified in Schedule 3. Where the Department, having undertaken this assessment, considers the development should proceed, it shall grant the consent and may do so subject to conditions. Otherwise it shall refuse the consent. The Department is required to notify the applicant, the consultation bodies and the public of its decision and is required to maintain a record of any decision made under the Regulation.