Explanatory note

These regulations amend the procedures contained in Part V of the Roads (Northern Ireland) Order 1993 (“the 1993 Order”), for the environmental impact assessment of projects for the construction or improvement of roads.

Part V was substituted by the Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 1999, (S.R. 1999 No. 89), in order to implement, in relation to such projects, the amendments made to Council Directive 85/337/EEC (“the Directive”) (O.J. No L175, 5.7.85, p. 40), on the assessment of the effects of certain public and private projects on the environment, by Council Directive 97/11/EC (O.J. No L73, 14.3.97, p. 5).

The regulations transpose article 3 of Directive 2003/35/EC (“the Public Participation Directive”) of the European Parliament and Council, (O.J. No L156, 25.6.03, p. 17), which amends the Directive with regard to public participation and access to justice. In particular the Regulations provide that the words “the Directive” as used in Part V means the Directive as amended by the Public Participation Directive (regulation 2(2)(a)(i) and (ii)). They specify requirements for public notice of environmental statements and the procedure for members of the public, and certain consultation bodies, to make representations in relation to such environmental statements and the projects to which they relate (regulations 2(2)(b), 2(3)(b)-(e) and (g)). When decisions on projects are published additional information is to be included with the publication (regulation 2(3)(f)). Express provision is inserted into Part V for challenge, by way of application to the High Court, of decisions to proceed with projects for which environmental statements have been made (regulation 2(5)). Equivalent amendments are also made to the provisions in Part V which relate to EEA States, (see below), (regulations 2(3)(e)(ii)) and 2(4)(b) to (d)).

In addition to transposing article 3 of the Public Participation Directive, together with some minor and associated amendments, the Regulations make other amendments to Part V. They substitute references to Member States of the European Economic Area, (“EEA States”), for references to Member States of the European Community (regulations 2(2)(a)(ii), 2(3)(e), and 2(4)(a), (c), and (d)). The effect is to extend the application of Part V to enable EEA States which are not also EC Member States, (i.e. Iceland, Liechtenstein and Norway), to participate in addition to EC Member States in the procedures in Part V for notification and consultation on such projects if they are likely to have a significant environmental effect on those States.

The effect of regulation 2(3)(a) is to apply the procedures in Article 67(4)(b) of the 1993 Order (which set out the considerations for determining if projects within Annex II of the Directive should be made subject to an environmental impact assessment), to any project for the construction or improvement of a special road which is within Annex II in the same way as these procedures apply to other road projects within Annex II. This is in pursuance of Article 4 of the Directive.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

Copies of the relevant EC Directives may be obtained from the European Commission Office, Windsor House, 9-15 Bedford Street, Belfast BT2 7EG, telephone number 028 9024 0708.