{
  "url": "https://openlegislation.uk/water-resources-environmental-impact-assessment-regulations-northern-ireland-2017/regulation-3",
  "json_url": "https://openlegislation.uk/water-resources-environmental-impact-assessment-regulations-northern-ireland-2017/regulation-3.json",
  "legislation": "nisr/2017/85",
  "legislation_title": "The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017",
  "legislation_url": "https://openlegislation.uk/water-resources-environmental-impact-assessment-regulations-northern-ireland-2017",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Application",
  "text": "(1) An environmental impact assessment must be carried out in accordance with these Regulations in relation to a relevant project.\n(2) A project is a relevant project if—\n(a) it is a water management project for agriculture, including an irrigation project; and\n(b) it would be likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location.\n(3) A project is not a relevant project if it—\n(a) constitutes development to which the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 apply;\n(b) constitutes the carrying out of drainage works within the meaning of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001 ;\n(c) involves the abstraction, diversion or impoundment of less than 200 cubic metres of water in any period of 24 hours; or\n(d) is exempt as a consequence of a determination made in accordance with paragraphs (4) or (5).\n(4) 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—\n(a) an environmental impact assessment would have an adverse effect on the purpose of the project; and\n(b) the objectives of the Directive will still be met even though such an assessment is not carried out.\n(5) The Department may determine that a relevant project, or a project which may be a relevant project, is exempt if—\n(a) the project has response to a civil emergency as its sole purpose; and\n(b) the Department considers that an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of that purpose.\n(6) 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—\n(a) consider whether another form of assessment of the likely significant effects on the environment of the project is appropriate; and\n(b) make available to the public concerned—\n(i) the determination including an explanation of the reasons for it; and\n(ii) the information obtained in accordance with any other assessments referred to in sub-paragraph (a).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "M",
      "label": "M1",
      "text": "S.R. 2017 No.83"
    },
    {
      "type": "M",
      "label": "M2",
      "text": "S.R. 2001 No.394"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2017/85/regulation/3",
    "retrieved_at": "2026-10-29T00:52:36.594290+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}