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

Application made to the Department without prior determination as to need for environmental impact assessment or without an environmental statement

8.—(1) Where it appears to the Department that an application for a relevant consent—

(a) has not been the subject of a determination as to whether the application is or is not an EIA application; and

(b) is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations;

it shall make a determination as to whether the application is for an EIA development, taking into account the selection criteria.

(2) If the Department considers that it has not been provided with sufficient information to make a determination under paragraph (1), it shall notify the applicant of the particular points on which it requires further information.

(3) Where an EIA application, including an application determined as such under paragraph (1), is not accompanied by an environmental statement or a statement referred to by the applicant as an environmental statement, the Department shall notify the applicant in writing that the submission of such a statement is required, giving clearly and precisely the full reasons for its view.

(4) Subject to paragraph (5), the Department shall make a determination under paragraph (1), and, where necessary, notify the applicant in accordance with paragraph (3) within 4 weeks from the date of receipt of the application in question or such longer period as may be agreed in writing with the applicant.

(5) Where additional information is requested under paragraph (2), the Department shall notify the applicant of its determination within a period of 4 weeks from the date of receipt of the additional information.

(6) An applicant receiving a notification pursuant to paragraph (3) shall, within 4 weeks from the date of the determination, inform the Department, in writing, whether or not he accepts the Department’s determination and proposes to provide an environmental statement.

(7) If the applicant does not inform the Department in writing in accordance with paragraph (6), the consent sought shall be deemed to be refused at the end of the relevant 4 week period.

(8) Where the Department determines that an environmental statement is required in any case, the statement shall be submitted within 6 months from the date of the determination or such extended period as may be agreed in writing between the applicant and the Department, and if not so submitted, the application in question shall be deemed to be refused.

(9) Where the Department makes a determination under paragraph (1) that an environmental statement is required regulations 6(3) and 7 shall apply accordingly.