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The Environmental Impact Assessment (Agriculture) (Amendment) Regulations (Northern Ireland) 2008

S.R. 2008/278 · Made 1 July 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Agriculture, Northern Ireland

Made 1st July 2008

Coming into operation 31st July 2008

The Department of Agriculture and Rural Development, being a Department designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 2000/2812 and S.I. 2000/3238

f2

1972 c. 68

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007
  3. 3Amendment of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007
  4. 4Amendment of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007
  5. 5Amendment of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Environmental Impact Assessment (Agriculture) (Amendment) Regulations (Northern Ireland) 2008, and shall come into operation on 31 July 2008.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007f1 shall be amended as provided by regulations 3 to 5.

3Amendment of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

In regulation 2 (Interpretation)—

(a)

in paragraph (1) after the definition of “EEA State” insert the following definition—

  • ““the EIA Directive” means Council Directive 85/337/EECf1 on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97/11f2 and Council Directive 2003/35f3;”

(b)

after paragraph (4) add—

“(5)

The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.”

4Amendment of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

In regulation 24(4)(b) for the words “on appeal” substitute the words “(or on appeal the appointed person)”.

5Amendment of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

In regulation 30(8) for the words “such time as the Department revokes” substitute the words “such time as the appointed person revokes”.

Signature

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 1 July 2008.

L.S.

John Speers

A senior official of the Department of Agriculture and Rural Development

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007 to correct a number of errors in drafting. In particular, these Regulations:

(a)

define the “EIA Directive”;

(b)

attract the provisions of the Interpretation Act (Northern Ireland) 1954; and

(c)

clarify the role of the appointed person with regard to appeals against stop notices issued by the Department of Agriculture and Rural Development.