The Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004

PART IIENVIRONMENTAL ASSESSMENT FOR PLANS AND PROGRAMMES

Environmental assessment for plans and programmes: first formal preparatory act on or after 21st July 2004

5.—(1) Subject to paragraphs (5) and (6) and regulation 7, where –

(a)the first formal preparatory act of a plan or programme is on or after 21st July 2004; and

(b)the plan or programme is of the description set out in either paragraph (2) or paragraph (3),

the responsible authority shall carry out, or secure the carrying out of, an environmental assessment in accordance with Part III, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.

(2) The description is a plan or programme which –

(a)is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use; and

(b)sets the framework for future development consent of projects listed in Annex I or II to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC(1).

(3) The description is a plan or programme which, in view of the likely effect on sites, has been determined to require an assessment pursuant to Article 6 or 7 of the Habitats Directive.

(4) Subject to paragraph (5) and regulation 7, where –

(a)the first formal preparatory act of a plan or programme, other than a plan or programme of the description set out in paragraph (2) or (3), is on or after 21st July 2004;

(b)the plan or programme sets the framework for future development consent of projects; and

(c)the plan or programme is the subject of a determination under regulation 9(1) that it is likely to have significant environmental effects,

the responsible authority shall carry out, or secure the carrying out of, an environmental assessment in accordance with Part III, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.

(5) Nothing in paragraph (1) or (4) requires the carrying out of an environmental assessment for –

(a)a plan or programme the sole purpose of which is to serve national defence or civil emergency;

(b)a financial or budget plan or programme; or

(c)a plan or programme co-financed under –

(i)the 2000–2006 programming period for Council Regulation (EC) No. 1260/1999; or

(ii)the 2000–2006 or 2000–2007 programming period for Council Regulation (EC) No. 1257/1999.

(6) An environmental assessment need not be carried out –

(a)for a plan or programme of the description set out in paragraph (2) or (3) which determines the use of a small area at local level; or

(b)for a minor modification to a plan or programme of the description set out in either of those paragraphs,

unless it has been determined under regulation 9(1) that the plan, programme or modification, as the case may be, is likely to have significant environmental effects.

Environmental assessment for plans and programmes: first formal preparatory act before 21st July 2004

6.—(1) Subject to paragraph (2) and regulation 7, where –

(a)a plan or programme of which the first formal preparatory act is before 21st July 2004 has not been adopted or submitted to the legislative procedure for adoption before 22nd July 2006; and

(b)the plan or programme is such that, had the first act in its preparation occurred on 21st July 2004, the plan or programme would have required an environmental assessment by virtue of regulation 5(1); or

(c)the responsible authority is of the opinion that, if a determination under regulation 9(1) in respect of the plan or programme had been made on 21st July 2004, it would have determined that the plan or programme was likely to have significant environmental effects,

the responsible authority shall carry out, or secure the carrying out of, an environmental assessment in accordance with Part III, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.

(2) Nothing in paragraph (1) shall require the environmental assessment of a particular plan or programme if the responsible authority –

(a)decides that such assessment is not feasible; and

(b)informs the public of its decision.

Environmental assessment for plans and programmes co-financed by the European Community

7.  The environmental assessment required by any provision of this Part for a plan or programme co-financed by the European Community shall be carried out by the responsible authority in conformity with the specific provisions in relevant Community legislation.

Restriction on adoption or submission of plans, programmes or modifications

8.—(1) A plan, programme or modification in respect of which a determination under regulation 9(1) is required shall not be adopted or submitted to the legislative procedure for the purpose of its adoption –

(a)where an environmental assessment is required in consequence of the determination, before the requirements of paragraph (3) have been met;

(b)in any other case, before the determination has been made under regulation 9(1).

(2) A plan or programme for which an environmental assessment is required by any provision of this Part shall not be adopted or submitted to the legislative procedure for the purpose of its adoption before –

(a)if it is a plan or programme co-financed by the European Community, the environmental assessment has been carried out as mentioned in regulation 7;

(b)in any other case, such of the requirements of Part III as apply in relation to the plan or programme, have been met.

(3) The requirements of this paragraph are that account shall be taken of –

(a)the environmental report for the plan or programme;

(b)the opinions expressed in response to the invitations referred to in regulation 12; and

(c)the outcome of any consultations under regulation 13(4).

Determination of whether a particular plan, programme or modification is likely to have significant environmental effects

9.—(1) The provisions of this Regulation apply in respect of the determination of whether a plan, programme or modification of a description referred to in –

(a)regulation 5(4)(a) and (b); or

(b)regulation 5(6)(a) and (b);

is likely to have significant environmental effects.

(2) The responsible authority shall apply the criteria specified in Schedule 1 to the plan, programme or modification under consideration, and shall prepare a report on whether the authority considers that the plan or programme, or as the case may be, the modification, is likely to have significant environmental effects.

(3) The responsible authority shall send the report prepared in accordance with paragraph (2) to the consultation body for consideration.

(4) The consultation body shall, within 28 days of receipt of the report prepared in accordance with paragraph (2), respond to the responsible authority with its views on that report.

(5) If the responsible authority and the consultation body agree that the plan, programme or modification is not likely to have significant environmental effects, the responsible authority shall make a determination to that effect and shall state its reasons for that determination.

(6) If the responsible authority and the consultation body agree that the plan, programme or modification is likely to have significant environmental effects then the responsible authority shall make a determination to that effect and shall carry out an environmental assessment in accordance with Part III, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.

(7) If the responsible authority and the consultation body cannot reach agreement as to whether or not the plan, programme or modification is likely to have significant environmental effects, the consultation body shall determine that issue.

(8) A determination of the Department of the Environment under paragraph (7) shall include a statement of reasons where the determination is that the plan, programme or modification is not likely to have significant environmental effects, and shall have effect as if made by the responsible authority under paragraph (5).

Publicity for determinations

10.—(1) Within 28 days of a determination having been made under regulation 9(5) or (6), the responsible authority shall send to the consultation body –

(a)a copy of the determination; and

(b)any related statement of reasons prepared in accordance with regulation 9.

(2) Where a determination has been made under regulation 9(5) or (6), or the responsible authority receives a determination made under regulation (7), the responsible authority shall –

(a)keep a copy of the determination, and any related statement of reasons, available at its principal office for inspection by the public at all reasonable times and free of charge;

(b)publish a copy of the determination and any related statement of reasons on the authority’s website; and

(c)within 28 days of the making of the determination, take such steps as it considers appropriate to bring to the attention of the public –

(i)the title of the plan, programme or modification to which the determination relates;

(ii)that a determination has been made that an environmental assessment is, or as the case may be, is not required in respect of the plan, programme or modification; and

(iii)the address (which may include a website) at which a copy of the determination and any related statement of reasons may be inspected or from which a copy may be obtained.

(3) Nothing in paragraph (2)(c)(iii) shall require the responsible authority to provide a copy of the documents concerned free of charge; but where a charge is made, it shall be of a reasonable amount.