Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 518) (the “principal Regulations”).
The principal Regulations implement in relation to forestry projects Council Directive 85/337/EEC, as amended by Directive 2003/35/EC, on the provision for public participation in certain environmental decision making and the assessment of the effects of certain public and private projects on the environment, including provision for the Department of Agriculture, Environment and Rural Affairs (the Department) to direct that a particular project is exempt from environmental assessment requirements, but in doing so the Department shall consider whether another form of assessment would be appropriate.
These Regulations increase the level of protection for the environment through the implementation in relation to forestry projects of Directive 2011/92/EU (repealing Council Directive 85/337/EEC), as amended by Directive 2014/52/EU on the assessment of the effects of certain public and private projects on the environment.
These Regulations give effect to the implementation of Directive 2011/92/EU, as amended by Directive 2014/52/EU as follows:
the information to be provided in an environmental impact assessment is redefined (regulations 4(d) and 13(b) and Schedule 1);
where an assessment on the effects on the environment is appropriate under the principal Regulations, provision is introduced for co-ordinated and/or joint procedures (regulation 9A);
the environmental factors which need to be taken into account in the determination of applications is redefined (Schedules 1 and 4);
the information, including further information required to accompany an application under regulation 6(1) of the principal Regulations has been redefined (regulations 4, 7 and 9 and Schedules 1, 2A and 3);
an extension to the time limits within which the Department must make its determination (regulation 8);
provision requiring an environmental statement to be prepared by competent persons regulation 4(e));
the further information required to be included in the decision to grant consent (regulation 13);
where the decision is made to refuse consent, the main reasons for the refusal must be stated (regulation 13);
monitoring of measures envisaged to offset significant adverse effects on the environment (regulations 13 and Schedule 1);
transitional provisions apply where applications to the Department under regulation 6(1) and requests for an opinion under regulation 9(1) of the principal Regulations are made before the commencement date (regulation 21).
The legislation indicated for the purpose of determining whether a project is relevant is updated (regulation 5).
A review must be carried out by the Department before the expiry of 5 years from the commencement date and a report must be published (regulation 22).
A Regulatory Impact Assessment has been produced for this instrument and it and the Explanatory Memorandum for this instrument are available alongside the instrument at www.legislation.gov.uk.