SCHEDULE 5Projects and works in Scotland and Northern Ireland: national defence exemptions

PART 1Projects and works in Northern Ireland

Roads (Northern Ireland) Order 1993: national defence exemption1

1

The Secretary of State may direct that Part 5 of the Roads (Northern Ireland) Order 1993 (environmental impact assessment) does not apply in relation to a road project specified in the direction if satisfied—

a

the project has national defence as its sole purpose, and

b

that carrying out an environmental impact assessment would have an adverse effect on the fulfilment of that purpose.

2

In this Schedule—

a

“road project” means a project for constructing or improving a road which the Department for Infrastructure in Northern Ireland is considering;

b

“environmental impact assessment” has the meaning given in Article 67 of the Roads (Northern Ireland) Order 1993.

3

The Secretary of State must send a copy of any direction given under sub-paragraph (1) to the Department for Infrastructure in Northern Ireland.

Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003: national defence exemption2

1

The Secretary of State may direct that the 2003 Regulations do not apply to the Northern Ireland harbour works specified in the direction if satisfied—

a

the works have national defence as their sole purpose, and

b

the application of the 2003 Regulations to the works would have an adverse effect on the fulfilment of that purpose.

2

The Secretary of State must, as soon as reasonably practicable after giving a direction under sub-paragraph (1), send a copy of the direction to the Department for Infrastructure in Northern Ireland.

3

In this paragraph—

  • “the 2003 Regulations” means Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003;

  • “Northern Ireland harbour works” means proposed harbour works to which the 2003 Regulations apply (see regulation 3 of those Regulations).