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

SCHEDULE 1 Descriptions of Development

The carrying out of development to provide either of the following—

(a) a generating station, the construction of which (or the operation of which) will require an Article 39 consent and which is either a nuclear generating station or a non-nuclear generating station with a heat output of 300 megawatts or more; or

(b) an electric line installed above ground, the installation of which (or the keeping installed of which) will require an Article 40 consent, and which has a voltage of 220 kilovolts or more and a length of more than 15 kilometres.

SCHEDULE 2 Descriptions of Development

1.  The carrying out of development to provide any of the following—

(a) a generating station, the construction of which (or the operation of which) will require an Article 39 consent but which is not a development falling within Schedule 1;

(b) the extension of any generating station, where such extension will require an Article 39 consent;

(c) an electric line installed above ground with a voltage of 33 kilovolts or more, the installation of which (or the keeping installed of which) will require an Article 40 consent but which is not a development falling within Schedule 1; or

(d) an electric line installed above ground in a sensitive area, the installation of which (or the keeping installed of which) will require an Article 40 consent but which is not a development falling within either Schedule 1 or sub-paragraph (c).

2.  For the purposes of this Schedule “sensitive areas” mean any of the following—

(a) a National Park, that is to say, an area so designated under Article 12(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985(1);

(b) an area of outstanding natural beauty, that is to say, an area so designated under Article 14(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

(c) an area of land declared to be a national nature reserve under Article 18 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

(d) an area designated by order as a marine nature reserve under Article 20 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

(e) an area of specific scientific interest, that is to say, land so declared under Article 24 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

(f) a property appearing on the World Heritage List kept under Article 11(2) of the 1972 UNESCO Convention for the Protection of World Cultural and Natural Heritage(2);

(g) a scheduled monument within the meaning of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995(3);

(h) a European site within the meaning of regulation 9 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995(4).

SCHEDULE 3 Selection Criteria

Characteristics of Development

1.  The characteristics of developments must be considered having regard, in particular, to —

(a) the size of the development;

(b) the cumulation with other developments;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of Developments

2.  The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to —

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area; and

(c) the absorption capacity of the natural environment, paying particular attention to sensitive areas.

Characteristics of the Potential Impact

3.  The potential significant effects of developments must be considered in relation to criteria set out under paragraphs 1 and 2, and having regard, in particular, to —

(a) the extent of the impact (geographical area and size of the affected population);

(b) the transfrontier nature of the impact;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact; and

(e) the duration, frequency and reversibility of the impact.

SCHEDULE 4 Matters for Inclusion in Environmental Statement

PART I

1.  Description of the development, including in particular —

(a) a description of the physical characteristics of the whole development and the land-use requirements during the construction and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

(c) an 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 development.

2.  An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice, taking into account the environmental effects.

3.  A description of the aspects of the environment likely to be significantly affected by the development, 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 factors.

4.  A description of the likely significant effects of the development on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development, resulting from:

(a) the existence of the development;

(b) the use of natural resources;

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the applicant of the forecasting methods used to assess the effects on the environment.

5.  A description of the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects on the environment.

6.  A non-technical summary of the information provided under paragraphs 1 to 5.

7.  An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the applicant in compiling the required information.

PART II

1.  A description of the development comprising information on the site, design and size of the development.

2.  A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

3.  The data required to identify and assess the main effects which the development is likely to have on the environment.

4.  An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice, taking into account the environmental effects.

5.  A non-technical summary of the information provided under paragraphs 1 to 4.

(1)

S.I. 1985/170 (N.I. 1) as amended by S.I. 1989/492 (N.I. 3)

(2)

SEE Command Paper 9424

(3)

S.I. 1995/1625 (N.I. 9)

(4)

S.R. 1995 No. 380