Paragraph 2 Location of drainage works or drainage schemesF1

The environmental sensitivity of geographical areas likely to be affected by the works must be considered, having regard in particular, to—

(a)

the existing and approved land use;

(b)

the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

(c)

the absorption capacity of the natural environment, paying particular attention to then following areas—

(i)

wetlands, riparian areas, river mouths;

(ii)

coastal zones and the marine environment;

(iii)

mountain and forest areas;

(iv)

nature reserves and parks;

(v)

areas classified or protected under F2F3assimilated law or under any statutory provision; Natura 2000 (as defined in regulation 2(2) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995);

(vi)

areas in which there has already been a failure to meet the environmental quality standards, laid down in F4assimilated law and relevant to the project, or in which it is considered that there is such a failure;

(vii)

densely populated areas;

(viii)

landscapes and sites of historical, cultural or archaeological significance.

Annotations

Textual amendments

F1: Schs. 2A-2C substituted (16.5.2017) by The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/88), reg. 1, Sch.
F2: Words in Sch. 2B para. 2(c)(v) substituted (31.12.2020) by The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/31), regs. 1(1), 2(9)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3: Word in Sch. 2B substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 8(2)(b)
F4: Words in Sch. 2B para. 2(c)(vi) substituted (31.12.2020) by The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/31), regs. 1(1), 2(9)(c); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Schedule 2B

Textual amendments

F2: Words in Sch. 2B heading omitted (31.12.2020) by virtue of The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/31), regs. 1(1), 2(9)(a); 2020 c. 1, Sch. 5 para. 1(1)