# The Planning (Environmental Assessments and Technical Miscellaneous Amendments) (EU Exit) Regulations (Northern Ireland) 2020 S.R. 2020/300 · made 4 December 2020 This Statutory Rule uses powers conferred by the European Union (Withdrawal) Act 2018, the Planning Act 2011 and Section 2(2) of the ECA 1972. Made under: Harbours (Loans) Act 1972; Planning Act (Northern Ireland) 2011 (Section 51, Section 108); European Union (Withdrawal) Act 2018 (Section 11, Section 22, Schedule 2 paragraph 1, Schedule 7 paragraph 21) PDFs: Printed copy https://openlegislation.uk/planning-environmental-assessments-and-technical-miscellaneous-amendments-eu-exit-regulations-northern-ireland-2020/pdf/nisr_20200300_en.pdf; NI Explanatory Memorandum https://openlegislation.uk/planning-environmental-assessments-and-technical-miscellaneous-amendments-eu-exit-regulations-northern-ireland-2020/pdf/nisrem_20200300_en.pdf ## Introductory text Planning Made 4th December 2020 Coming into operation in accordance with regulation 1 The Department for Infrastructure being a department designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment, in exercise of the powers conferred by that section and in exercise of the powers conferred by, sections 51 and 108(4) of the Planning Act (Northern Ireland) 2011 and sections 11 and 22 of, and paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 makes the following Regulations. ## Part 1: Introductory Provisions ## 1 General Citation, Commencement and Interpretation (1) These Regulations may be cited as the Planning (Environmental Assessments and Technical Miscellaneous Amendments) (EU Exit) Regulations (Northern Ireland) 2020. (2) This Part and regulations 2 to 5 come into operation on IP completion day. (3) Regulation 6 comes into operation immediately before IP completion day. (4) The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Assembly. ## Part 2: Amendments to Secondary Legislation ## 2 Amendments to the Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015 (1) The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015 are amended as follows. (2) In regulation 2(2) in the definition of “CLP Regulation” at the end insert “as it had effect immediately before IP completion day.” (3) In regulation 4(7)(a) after “pursuant to” substitute “ Article 13(1) of Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, as it had effect immediately before IP completion day;”. ## 3 Amendments to the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015 In the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015, in regulation 2(2) omit the definitions, “Directive 67/548/EEC” and “Directive 99/45/EC”. ## 4 Amendments to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015 In the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015, in regulation 2(2) after the definition of “the Directive” insert— ““Directive 2008/98/EC” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste as it had effect immediately before IP completion day; “Directive 2009/31/EC” means Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide as it had effect immediately before IP completion day;”. ## 5 Amendments to the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (1) The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 are amended as follows. (2) In regulation 2(2) after the definition of “the Directive” insert— ““Directive 2008/98/EC” means Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste as it had effect immediately before IP completion day; “Directive 2009/31/EC” means Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide as it had effect immediately before IP completion day;”. (3) In Schedule 4, in paragraph 8 after “Council Directive 2009/71/Euratom” insert “as it had effect immediately before IP completion day”. ## 6 Amendments to the Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 (1) The Planning (Environmental Assessments and Miscellaneous Amendments) (EU Exit) (Northern Ireland) Regulations 2018 are amended as follows. (2) In regulation 1(3) after “9(3)(b)” substitute “and 9(3)(c) come into force immediately before IP completion day.” (3) In regulation 6(2)(a) in the definition of “best available techniques” for “Article 3(12)” substitute “Article 3(10)”. ## Signature Sealed with the Official Seal of the Department for Infrastructure on 4th December 2020. L.S. Angus Kerr A senior officer of the Department for Infrastructure ## Explanatory note (This note is not part of the Regulations) This Statutory Rule uses powers conferred by the European Union (Withdrawal) Act 2018, the Planning Act 2011 and Section 2(2) of the ECA 1972. These Regulations make technical and miscellaneous amendments to EU transposed Planning secondary legislation to ensure the legislation is operable and legally certain post IP completion day, at which time the UK will have left the European Union. The Explanatory Memorandum is available alongside the Regulations on the government’s website www.legislation.gov.uk --- Source: https://www.legislation.gov.uk/nisr/2020/300 (the official version) Page: https://openlegislation.uk/planning-environmental-assessments-and-technical-miscellaneous-amendments-eu-exit-regulations-northern-ireland-2020 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.