Regulation 3 Extent of RegulationsI1

Northern Ireland

(1)

These Regulations apply to any restructuring project or uncultivated land project, unless it is exempt under paragraph (2) or (3).

(2)

A restructuring project or an uncultivated land project is exempt if it—

(a)

constitutes development to which the F1Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 apply;

(b)

is directed by the Department to be exempt from regulations 4 to 34 of these Regulations, F2where the application of these Regulations would adversely affect the purpose of the project, but the objectives of these Regulations are still met;

(c)

constitutes the carrying out of improvement works by a drainage body within the meaning of F3The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017;

(d)

is a project mentioned in regulation 3(2) of the F4Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006;

(e)

constitutes a relevant project under regulation 3(2) of the F5The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017;

(f)

constitutes the restoration of a field boundary under regulation 3(2)(a) of the Countryside Management Regulations (Northern Ireland) 2005^f1, and Article 4(3) of the Environmentally Sensitive Areas Designation Order (Northern Ireland) 2005^f2;

(3)

In the case of a project which the Department decides is likely to have a significant effect on a European site or Area of Special Scientific Interest (either alone or in combination with other projects), the power to direct that the project is exempt under F6paragraph (2)(b) is only exercisable to the extent that compliance with the Habitats Directive is secured in relation to the project.

(4)

Where the Department proposes to give a direction under F7paragraph (2)(b), it shall—

(a)

consider whether any other kind of assessment of the project would be appropriate; and

(b)

take such steps as the Department considers appropriate to bring to the attention of the public—

(i)

the information considered in making the direction and the reasons for doing so, and

(ii)

the information obtained from any assessment of the project under sub-paragraph (a).

Annotations

Textual amendments

F1: Words in reg. 3(2)(a) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 4(1)(a) (with reg. 20)
F2: Words in reg. 3(2)(b) substituted (31.12.2020) by The Environmental Impact Assessment (Amendment) (Northern Ireland) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/279), regs. 1(1), 4(3); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in reg. 3(2)(c) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 4(1)(c) (with reg. 20)
F4: Words in reg. 3(2)(d) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 4(1)(d) (with reg. 20)
F5: Words in reg. 3(2)(e) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 4(1)(e) (with reg. 20)
F6: Words in reg. 3(3) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 4(1)(f) (with reg. 20)
F7: Words in reg. 3(4) substituted (25.9.2017) by The Environmental Impact Assessment (Agriculture) (Amendment No. 2) Regulations (Northern Ireland) 2017 (S.R. 2017/198), regs. 1(1), 4(1)(g) (with reg. 20)

Commencement

I1: Reg. 3 in operation at 5.11.2007, see reg. 1

Footnotes

f1: S.R. 2005 No. 268
f2: S.R. 2005 No. 276