The Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007

Made: 2nd October 2007

Coming into operation: 5th November 2007

The Department of Agriculture and Rural Development, being a Department designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] hereby makes the following Regulations:

PART 1 — General Provisions

Title, application and commencement

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These Regulations may be cited as the Environmental Impact Assessment (Agriculture) (Northern Ireland) Regulations 2007, and shall come into operation on 5 November 2007.

Interpretation

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• (1) In these Regulations—

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding or keeping, the use of land as grazing land, meadowland, osier land, reed beds, market gardens and nursery grounds;

• “additional environmental information” means any additional information required under regulation 13(1);

• “Area of Special Scientific Interest” means and area so declared by Article 28 of the Environment (Northern Ireland) Order 2002;

• ...

• “consent” means consent granted under regulation 16(1);

• “consultation bodies” means the consultation bodies listed in Schedule 5, and any other public authority, statutory body or other organisation which the Department may consider to have any interest in or holds any information which may be relevant to a project;

• “cultivated” means cultivated by physical means (including ploughing and harrowing) or chemical means (including the application of fertilisers);

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

• “EEA State” means a member State, Norway, Iceland or Liechtenstein;

• ...

• “environmental statement” means an environmental impact assessment report, which should be prepared by a competent expert and— include at least the information referred to in Part 1 of Schedule 3;is based on any scoping opinion given under regulation 10 in respect of the significant project;any additional information which , taking into account current knowledge and methods of assessment, may reasonably required for reaching a reasoned conclusion on the significant effects of the project on the environment;takes into account the results of any relevant UK environmental assessments which are reasonably available to the applicant, andstates the relevant expertise and qualifications of the competent person.

• “EU environmental assessment” means an assessment of the effect of anything on the environment carried out under assimilated law other than any law of any part of the United Kingdom that implemented 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;

• “European site or Area of Special Scientific Interest” means a site mentioned in regulation 9 of the Habitat Regulations.

• “the Habitats Directive” means Council Directive 92/43/EEC[^f00004] on the conservation of natural habitats and of wild fauna and flora, as last amended by as last amended by Council Directive 2013/17/EU;

• “the Habitats Regulations” means the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995[^f00006];

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

• “project” means—the execution of construction works or other installations or schemes; orother interventions in the natural surroundings and landscape;

• “the relevant land” means the land on which the project is to be (or has been) carried out;

• “restructuring project” means a project for the restructuring of rural land holdings;

• “screening decision” means a decision made by the Department under regulation 8(1) or a decision deemed to be made by the Department under regulation 8(7);

• “screening notice” means a notice served under regulation 6;

• “sensitive area” means—an area of outstanding natural beauty designated as such by an Order made by the Department of the Environment under the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 ;a National Park;a scheduled monument within the meaning of section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979[^f00007];Special Areas of Conservation;Special Protected Areas;Areas of Special Scientific Interest;

• “significant project” means an uncultivated land project or a restructuring project which the Department has decided under regulation 8 or is deemed to have decided under regulation 8, is likely to have significant effects on the environment;

• “uncultivated land” means land which has not been cultivated in the previous 15 years;

• “uncultivated land project” means a project to increase the productivity for agriculture of uncultivated land or a semi-natural area, and includes projects to increase the productivity for agriculture of such land to below the norm.

• “UK environmental assessments” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment;

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

• (2) Other expressions used in both these Regulations and in the Environmental Impact Assessment... Habitats Regulations have the same meanings in these Regulations as they have in the Habitats Regulations.

• (3) All notifications, applications, notices, representations, requests, approvals and agreements under these Regulations must be made or given in writing.

• (4) “Writing” in paragraph (3), except where it applies to notices under regulations 24 and 26, includes an electronic communication within the meaning of the Electronic Communications Act 2000[^f00008], but notifications required to be made by the Department to any person may only be made by an electronic communication if the intended recipient—

• (a) has himself used that form of electronic communication in communicating with the Department under any provision in these Regulations, or

• (b) has otherwise represented that that form of electronic communication is a means by which persons can communicate with him.

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

Extent of Regulations

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• (1) These Regulations apply to any restructuring project or uncultivated land project, unless it is exempt under paragraph (2) or (3).

• (2) A restructuring project or an uncultivated land project is exempt if it—

• (a) constitutes development to which the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 apply;

• (b) is directed by the Department to be exempt from regulations 4 to 34 of these Regulations, where the application of these Regulations would adversely affect the purpose of the project, but the objectives of these Regulations are still met;

• (c) constitutes the carrying out of improvement works by a drainage body within the meaning of The Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2017;

• (d) is a project mentioned in regulation 3(2) of the Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2006;

• (e) constitutes a relevant project under regulation 3(2) of the The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2017;

• (f) constitutes the restoration of a field boundary under regulation 3(2)(a) of the Countryside Management Regulations (Northern Ireland) 2005[^f00013], and Article 4(3) of the Environmentally Sensitive Areas Designation Order (Northern Ireland) 2005[^f00014];

• (3) In the case of a project which the Department decides is likely to have a significant effect on a European site or Area of Special Scientific Interest (either alone or in combination with other projects), the power to direct that the project is exempt under paragraph (2)(b) is only exercisable to the extent that compliance with the Habitats Directive is secured in relation to the project.

• (4) Where the Department proposes to give a direction under paragraph (2)(b), it shall—

• (a) consider whether any other kind of assessment of the project would be appropriate; and

• (b) take such steps as the Department considers appropriate to bring to the attention of the public—

• (i) the information considered in making the direction and the reasons for doing so, and

• (ii) the information obtained from any assessment of the project under sub-paragraph (a).

PART 2 — Screening

Requirement for a screening decision

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• (1) A person must not begin or carry out an uncultivated land project or a restructuring project of an extent which is equal to or exceeds the threshold applicable to it (calculated in accordance with regulation 5) unless he has first obtained a screening decision permitting the project to proceed.

• (2) A person must not begin or carry out any uncultivated land project or restructuring project on land to which a relevant screening notice applies unless he has first obtained a screening decision permitting the project to proceed.

• (3) In this regulation “relevant screening notice” means a screening notice which states that it applies to the type of project which is to be carried out.

Thresholds

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• (1) This regulation provides the method for determining whether the extent of a project is equal to or exceeds the threshold applicable to it.

• (2) The threshold for a type of project specified in column 1 of Schedule 1 is set out opposite thereto in column 2 or 3.

• (3) Paragraphs (4) and (5) apply where a project consists of only one of the types of project specified in column 1 of Schedule 1.

• (4) Where a project is to be carried out wholly outside a sensitive area, the threshold applicable to it is that specified for that type of project in column 2 of Schedule 1.

• (5) Where a project, or any part of it, is to be carried out in a sensitive area, the threshold applicable to it is that specified for that type of project in column 3 of Schedule 1.

• (6) Where a project is made up of more than one of the types of project specified in column 1 of Schedule 1—

• (a) each relevant part of the project must be assessed so as to determine the threshold applicable to that part, and

• (b) if any relevant part of the project equals or exceeds the threshold applicable to that part, then the entire project is to be treated as having an extent equal to or exceeding the threshold applicable to it.

Screening notices

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• (1) The Department may by notice direct that thresholds under these Regulations do not apply to an area of land specified in the notice by serving a notice under this regulation.

• (2) The Department may only serve a screening notice if—

• (a) it reasonably believes that a project is likely to be carried out on the land;

• (b) the extent of the project would fall below the threshold applicable to it under these Regulations in the area where it would be carried out; and

• (c) it considers, in accordance with the selection criteria in Schedule 2, that the project would be likely to have significant effects on the environment.

• (3) A screening notice cannot—

• (a) apply for more than five years from the date it is served; or

• (b) relate to an area of land which is greater than the area on which the Department reasonably considers the project is likely to be carried out and in any event—

• (i) in the case of a notice relating to uncultivated land projects, to an area greater than 2 hectares, or

• (ii) in the case of a notice relating to restructuring projects, to an area greater than 100 hectares.

• (4) A screening notice must—

• (a) state whether it applies to—

• (i) uncultivated land projects,

• (ii) restructuring projects, or

• (iii) both such projects;

• (b) contain the reasons why it is being served;

• (c) contain details of the land to which it applies and, in the case of a screening notice which applies to both uncultivated land projects and restructuring projects, details of which land is covered by which aspect of the notice;

• (d) contain the date on which it expires; and

• (e) explain the procedures for appealing against it.

• (5) A copy of the screening notice must be served on every owner and occupier of the land.

Application for a screening decision

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• (1) An application for a screening decision must be made to the Department and contain the information as specified in Schedule 2A.

• (2) If the Department considers that it does not have sufficient information to make a screening decision it may ask the applicant to supply any additional information it requires.

• (3) The Department must notify the applicant of the date on which it received the application for a screening decision.

The screening decision

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• (1) The Department must, in accordance with paragraph (2) and the selection criteria in Schedule 2, decide whether or not a project is likely to have significant effects on the environment.

• (1A) The Department must take into account the results of any EU environmental assessments which are reasonably available to it.

• (2) If the Department decides that a project is likely to have a significant effect on a European site (either alone or in combination with other projects), or Area of Special Scientific Interest, and the project is not directly connected with or necessary for the management of the site, the project shall be treated as being likely to have significant effects on the environment.

• (3) Before making a screening decision, the Department may consult any of the consultation bodies.

• (4) After making a screening decision, the Department shall—

• (a) notify the applicant of—

• (i) the decision and the main reasons for it with reference to the criteria in Schedule 2;

• (ii) where the decision is that the project is not likely to have significant effects on the environment, a description of any measures disclosed by the applicant under Schedule 2A(4).

• (b) enter the information referred to in sub-paragraph (a) in a register, to which the public shall have access at all reasonable times; and

• (c) where it considers that any of the consultation bodies might wish to be informed of the screening decision, notify those bodies of the information referred to in sub-paragraph (a).

• (5) The Department must make, and notify the applicant of, a screening decision before the end of the period of 35 days beginning with—

• (a) the date referred to in regulation 7(3), or

• (b) where applicable, the date the Department receives any additional information it has requested under regulation 7(2).

• (5A) The Department may, where it considers there are exceptional circumstances (including relating to the nature, complexity, location or size of the project), extend the period mentioned in paragraph (5) by informing in writing the applicant of—

• (a) the new period within which it will make the screening decision, and

• (b) the reasons for the extension.

• (6) If the Department has failed to make or notify a screening decision within the period in paragraph (5), the applicant may notify the Department that he intends to treat that failure as a decision that the project is a significant project.

• (7) Where the applicant has so notified the Department, the Department is deemed to have decided on the date of that notification that the project is a significant project.

• (8) If, after the Department has made, or is deemed to have made a decision that the project is a significant project—

• (a) the Department receives further information or representations; and

• (b) as a result of that further information or those representations the Department decides that the project is not a significant project,

the Department must take all the steps in paragraph (4) in respect of that new decision.

• (9) If the project to which a screening decision relates is not begun within a period of three years beginning with the date the screening decision is notified to the applicant, or is deemed to have been taken under paragraph (7), the screening decision shall cease to have effect.

PART 3 — Consent

Requirement for consent

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A person must not begin or carry out a significant project unless he has first obtained consent from the Department.

Scoping opinions

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• (1) After receiving a screening decision that a project is a significant project, but before applying for consent, the applicant may ask the Department to provide its opinion on the scope and level of detail of information which should be provided in the environmental statement (“a scoping opinion”).

• (1A) The request must include the screening decision and all relevant documentation provided under regulation 7 along with any other information or representation the applicant wishes to provide or make.

• (2) If the applicant requests a scoping opinion, the Department must consult the applicant and such of the consultation bodies as it thinks fit before providing its opinion.

• (3) If the Department considers that it does not have sufficient information to provide a scoping opinion, it may ask the applicant to supply any additional information it requires within 28 days of the date on which it received the request for the scoping opinion.

• (4) Subject to paragraph (5), the Department shall provide the applicant with the scoping opinion within 35 days of—

• (a) the date it received the request for a scoping opinion; or