Explanatory note
Northern Ireland
(This note is not part of the Regulations)
These Regulations implement, for Northern Ireland, Council Directive 2011/92/EU (as amended by Council Directive 2014/52/EU) on the assessment of the effects of certain public and private projects on the environment, in respect of drainage schemes and drainage works.
Council Directive 2011/92/EU consolidates Council Directives 85/337/EEC and Council Directive 97/11/EEC
These Regulations revoke and re-enact, with amendments, the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2006. The Regulations require the Department for Infrastructure, in the execution of certain drainage works and drainage schemes, to produce an environmental statement and, on the basis of that statement, to decide whether or not to proceed with the drainage works or drainage schemes in question.
Part 2 of the Regulations implements the Directive in relation to drainage works carried out under the Drainage (Northern Ireland) Order 1973, other than in drainage schemes.
Part 3 of the Regulations amends the Drainage Order in respect of drainage schemes.
The principal requirements of the Regulations are as follows:
Regulation 4 provides the Department may direct that specific drainage schemes or drainage works are exempt from the Regulations if it considers:
the application of the Regulations would have an adverse effect on the purpose of those schemes or works provided the objectives of the Directive are met; or
the proposed drainage scheme or drainage works have the response to a civil emergency as their sole purpose and the application of the Regulations would have an adverse effect on the fulfilment of that purpose.
If the Department makes a direction under paragraph (a) it shall inform the public and consider if another assessment would be appropriate.
No direction can be made where there are likely to be significant effects on the environment of another EEA state.
Regulation 5 provides for the need to coordinate assessments should any drainage works or drainage scheme require an environmental impact assessment under these Regulations and a Habitats Regulation assessment.
Regulation 6 provides restriction on carrying out drainage works, including those extending outside Northern Ireland, unless the requirements of these Regulations have been complied with and, if appropriate, the Commission has consented to the works. The works or scheme must be carried out in accordance with any conditions to which the consent is subject.
Regulation 7 states that the Department must provide specified information on proposed drainage works of the type listed in Annex II to the Directive and consider the selection criteria in Schedule 2B to the Drainage Order when deciding if there are any likely effects of the drainage works on the environment. It requires the Department to perform its duties under the Directive in an objective manner and does not find itself in a situation giving rise to a conflict of interest. The Department must ensure that a suitable separation between conflicting functions is put in place.
Regulation 8 provides the detail of how the public should be informed and consulted on decisions where the Department considers that the drainage works are not likely to have any significant effects on the environment. Where following the consultation period of 30 days the Department considers that the works are likely to have significant effects on the environment it must make this determination within 90 days. If the Department receives representations that the works are likely to have significant impacts and it still considers that they are not, then the Department must apply to the Commission for a determination. The Commission may request further information and allow the Department, and any person making representations, the opportunity of being heard by the Commission before making its determination.
Regulation 9 provides the detail on how the public should be informed and consulted, on decisions where the Department considers that the works are likely to have significant effects on the environment.
Regulation 10 states that the Department must prepare an environmental statement where there are likely to be any significant effects on the environment and describes how the environmental statement should be prepared.
Regulation 11 deals with circumstances where the Department requests an opinion from the Commission before a determination can be made and that the Commission will consult with the Department and the consultation bodies and if necessary request further information, before giving an opinion.
Regulation 12 details how the environmental statement must be advertised and details made available to the public, and that representations may be made. Where no representations are made, and the Drainage Council having considered the environmental statement, considers that the works may be approved, it may so determine.
Regulation 13 describes the process for obtaining further information to assist in the preparation of an environmental statement and the need to advertise publically any additional information obtained.
Regulation 14 states that charges may be made by the Department for providing copies of information.
Regulation 15 sets out the process for proposed drainage works which are likely to have significant effects on the environment in another EEA State. It details the information to be provided to the EEA State and the consultation to take place. It also requires that where an EEA State has been consulted the Department must inform them of the determination and issue a statement which includes any conditions attached, the main reasons and considerations on which the determination was made and, where necessary, any measures to avoid adverse effects.
Regulation 16 states that the Drainage Council must examine the environmental statement, and any other relevant information, reach a reasoned conclusion which must be currently valid at the time that the approval decision is taken, and have necessary access to sufficient expertise to examine the environmental statement. Once a determination has been made, the Department must publish the determination and make the reasoned conclusion, any conditions imposed, mitigation measures and the results of the consultation available to the public. Where the Drainage Council considers that the drainage works are approved but objections have not been withdrawn, it must seek a determination from the Commission. The Commission will assess the environmental statement, and any further information available, and make a decision as to whether the works should be approved. The Department must then publish this decision, any conditions attached to it, any mitigating measures, the results of the consultations and any monitoring measures.
Regulation 17 and Regulation 21 (Article 12I of the Drainage Order) set out how the Drainage Council, or the Commission, may impose monitoring conditions as part of their decision to approve the works and the nature of any such monitoring conditions. The Department must ensure that those conditions are implemented.
Regulation 18 describes the information to be provided to the public.
Regulation 19 provides the power to amend the Drainage Order in accordance with regulations 20 to 24.
Regulation 20 updates the Interpretation in the Drainage Order to include a definition of “environmental statement”.
Regulation 21 amends Articles 12 to 12I of the Drainage Order in relation to drainage schemes.
Regulation 22 amends Article 13 of the Drainage Order in relation to confirmation of drainage schemes.
Regulation 23 amends Article 16 of the Drainage Order in relation to variations to schemes.
Regulation 24 substitutes the Schedules.
Regulation 25 provides the revocations and transitional arrangements.
The Schedule substitutes Schedule 2A, 2B, and 2C into the Drainage Order.
Schedule 2A details the information to be included in the environmental statement.
Schedules 2B and 2C detail the selection criteria that must be considered in deciding if drainage works or drainage schemes should be made subject to an environmental impact assessment and the environmental factors to be taken into account.