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

PART VII Final

Determination of whether proposed development should proceed

15.—(1) On expiry of the period referred to in regulation 9(1)(d) and after any consultation period determined under regulation 14(5) the Department shall assess, in the light of the environmental statement, any further information and any other relevant information and any representations made in accordance with Regulations 5, 9, 11, or 14 the direct and indirect effects of the proposed development on the environmental factors specified in Schedule 3.

(2) Where the Department, having undertaken the assessment required by paragraph (1) considers that the development should proceed, it shall grant a consent to the development in question or it may do so subject to conditions.

(3) Where the Department, having undertaken the assessment required by paragraph (1) considers that the development should not proceed, it shall refuse the consent for the development in question.

(4) Where the Department makes a determination under this regulation it shall—

(a) notify the applicant and each of the consultation bodies in accordance with paragraph (5); and

(b) publish a general and local advertisement in accordance with paragraph (6).

(5) Each notification under paragraph (4)(a) shall inform the person concerned of the determination and shall give a statement of

(a) the content of the determination and any conditions to which it is subject;

(b) the main reasons and considerations upon which its determination was based; and

(c) where necessary, a description of the main measures to avoid, reduce and, if possible, offset the adverse effects of the proposed development.

(6) Each of the advertisements referred to in paragraph (4)(b) shall inform the public of the determination and give details of the places where and the times at which the public may inspect a statement of —

(a) the content of the determination and any conditions to which it is subject;

(b) the main reasons and considerations upon which its determination was based; and

(c) where necessary, a description of the main measures to avoid, reduce and, if possible, offset the adverse effects of the proposed development.

(7) The Department shall maintain a record of any determination made under this regulation or regulation 5 and make available to the public on request the following information —

(a) the content of the determination and any conditions to which it is subject;

(b) the main reasons and considerations on which the determination is based, including information about the public participation process; and

(c) where necessary, a description of the main measures proposed to avoid or mitigate any major adverse effects on the environment of the development to which the determination relates.