Regulation 2 InterpretationI1

In these regulations—

• “additional information” in any case where an environmental statement has been prepared means any information relating to the statement which is not contained in it;

• “afforestation” means initial afforestation (which has the same meaning as in paragraph 1 (d) of annex II to the Directive);

• “consent” means a consent under regulation 5;

• F1“consultation bodies” in relation to any project means—

  any public body, statutory authority or organisation which exercises statutory functions or is otherwise designated by any statutory provision as having responsibilities relating to the environment;;

• “deforestation” means deforestation for the purposes of conversion to another type of land use (which has the same meaning as in paragraph 1(d) of Annex II to the Directive);

• F2“the Department” means the Department of Agriculture, Environment and Rural Affairs;

• “development” means development within the meaning of Article 11 of the Planning (Northern Ireland) Order 1991^f1;

• F3“the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU

• “EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2^nd May 1992 as adjusted by the Protocol signed in Brussels on 17^th March 1993;

• “environmental information” means information in the environmental statement and any other information (including any additional information) provided in accordance with these Regulations in relation to an application for consent relating to the likely environmental effects of the project which is the subject of the application;

• F4“environmental impact assessment” means—

  1. (a)

     the preparation of an environmental statement;

  2. (b)

     the carrying out of consultations under regulation 9 and, where relevant, regulation 15;

  3. (c)

     the consideration of the environmental statement and other information under regulation 16;

  4. (d)

     reaching a conclusion about the likely significant effects of the project under regulation 16; and

  5. (e)

     the consideration of that conclusion under regulation 16, before the decision whether or not to grant consent;

• F5“environmental statement” means a statement that—

  1. (a)

     includes such of the information referred to in Part 1 of Schedule 1 as is relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected;

  2. (b)

     includes at least the information referred to in Part 2 of Schedule 1;

  3. (c)

     takes into account, with a view to avoiding duplication of assessments, the available results of other relevant assessments under Union or national legislation, when preparing the statement;

  4. (d)

     is based on any opinion issued pursuant to regulation 7 and where such an opinion is issued, includes the information that may reasonably be required for reaching a conclusion on the significant effects of the project on the environment, taking into account current knowledge and methods of assessment;

  5. (e)

     is prepared by competent persons; and

  6. (f)

     is accompanied by a statement from the proposer outlining the relevant experience or qualifications of such persons;

• “forest quarry works” means operations on land used or to be used for the purposes of forestry, or on land held or occupied with that land, to obtain the materials required for forest road works;

• “forest road works” means the formation, alteration or maintenance of private ways on land used or to be used for the purposes of forestry;

• “general advertisement” means publication of a notice—

  1. (a)

     in the Belfast Gazette; and

  2. (b)

     on an official website maintained by the Department;

• “interested parties” means those persons who notify the Department in accordance with regulation 18(5) that they wish to make representations in respect of an appeal;

• F6“the Habitats Regulations” means the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland 1995;

• F7“local advertisement” means publishing or making available a notice—

  1. (a)

     in one or more newspapers circulating in the immediate locality of any relevant project; or

  2. (b)

     by a district council in that locality; or

  3. (c)

     at library premises (within the meaning of section 11 of the Libraries Act (Northern Ireland) 2008 in that locality);

• “Natura 2000” means Natura 2000 as defined in regulation 2(2) of the Habitat Regulations;

• “project” means the execution of construction works or of other installations or schemes or other intervention in the natural surroundings or landscape including those involving the extraction of mineral resources;

• “proposer” means the person who proposes to carry out a project; and

• “relevant project” shall be construed in accordance with regulation 3.

• F8“Union legislation” means any enactment in the domestic legislation of Northern Ireland F9which is assimilated law

In these Regulations, any reference to an enforcement notice shall be construed as including, as the context requires, a reference to a notice of variation under regulation 23(6)(a) or to an enforcement notice so varied.

The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly^f2.