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The Environmental Impact Assessment (Agriculture) (Amendment) Regulations (Northern Ireland) 2017
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- Northern Ireland Statutory Rules
- 2017 No. 172
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Order)
These Regulations amend the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007 (the primary regulations) by transposing Council Directive 214/52/EU (OJ L 124, 25.04.2014, p.1) amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment.
The Regulations also make minor technical amendments to the primary regulations.
Regulation 3 makes technical amendments to update EU Directive references to include last amended references. It also inserts two new definitions to take account of terminology used “EU environmental assessments” and “UK environmental assessments”.
The definition of “Environmental Statement” inserted by regulations 3 and 17 (only in regard to Part 1 of new Schedule 3) transposes the new Article 5(1) and (3)(a) of Council Directive 2011/92/EU as amended by Council Directive 2014/52/EU.
Regulation 4 makes technical amendment to correct the cross references to the legislation within regulation 3 of the primary regulations.
Regulation 5 transposes Article 4(4), of Council Directive 2011/92/EU as amended by Council Directive 2014/52/EU, amends regulation 7(1) of the primary regulations.
Regulation 6 transposes Article 4(5) and (6) of Council Directive 2011/92/EU as amended by Council Directive 2014/52/EU, by amending regulation 8 of the primary regulations.
Regulation 7 transposes Articles 1(2)(g), 3(1) to (2) and 5(3)(b) Council Directive 2011/92/EU as amended by Council Directive 2014/52/EU, by inserting regulation 9A into the primary regulations.
Regulation 8 amends regulation 10 of the primary regulations to take account of additional information that may now be required in accordance with regulation 7 (as amended) of the primary regulations.
Regulation 9 transposes Article 6(7) of Council Directive 2011/92/EU as amended by Council Directive 2014/52/EU, making amendment to the relevant regulations to take account of the minimum consultation period.
Regulation 10 makes provision requiring the Department to consider the environmental statement and reach a conclusion on the likely significant effects on the environment of the significant project.
Regulation 11 transposes Articles 2(1) to (2), 8 and 8a of Council Directive 2011/92/EU as amended by Council Directive 2014/52/EU, relating to the Department’s decision on whether or not consent in respect of a significant project and the matters it must take into account.
Regulation 12 transposes Article 2(3) of Council Directive 2011/92/EU as amended by Council Directive 2014/52/EU, to provide for a co-ordinated approach on environmental assessments in respect of a significant project.
Regulations 13 and 14 make technical amendments to correct regulation 37 and 38 of the primary regulations.
Regulations 15 to 17 transpose Annexes IIA, III Annex IV to Council Directive 2011/92/EU as amended by Council Directive 2014/52/EU, inserting Schedule 2, Schedule 2A, paragraphs 2, 3, 5, 6(a), and Part 2 to Schedule 3.
Regulation 18 is a technical amendment, amending the list of Consultation Bodies.
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