Regulation 3 Application
An environmental impact assessment must be carried out in accordance with these Regulations in relation to a relevant project.
A project is a relevant project if—
it is a water management project for agriculture, including an irrigation project; and
it would be likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location.
A project is not a relevant project if it—
constitutes development to which the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 M1 apply;
constitutes the carrying out of drainage works within the meaning of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001 M2;
involves the abstraction, diversion or impoundment of less than 200 cubic metres of water in any period of 24 hours; or
is exempt as a consequence of a determination made in accordance with paragraphs (4) or (5).
The Department may determine that a relevant project, or a project which may be a relevant project, is exempt where the circumstances are exceptional and it considers that—
an environmental impact assessment would have an adverse effect on the purpose of the project; and
the objectives of the Directive will still be met even though such an assessment is not carried out.
The Department may determine that a relevant project, or a project which may be a relevant project, is exempt if—
the project has response to a civil emergency as its sole purpose; and
the Department considers that an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of that purpose.
Where the Department makes a determination that a relevant project, or a project which may be a relevant project, is exempt in accordance with paragraph (4), it must—
consider whether another form of assessment of the likely significant effects on the environment of the project is appropriate; and
make available to the public concerned—
the determination including an explanation of the reasons for it; and
the information obtained in accordance with any other assessments referred to in sub-paragraph (a).
Annotations
Marginal citations
- M1
S.R. 2017 No.83
- M2
S.R. 2001 No.394