The Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

These Regulations provide (in relation to water management projects for agriculture in Northern Ireland), for the assessment of the effects of such projects on the environment in accordance with Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L175, 5.7.1985, p. 40), as amended by Council Directive 97/11/EC (O.J. No. L73, 14.3.1997, p. 5).

The Regulations impose procedural requirements in relation to the consideration of applications or proposals for consent for a relevant project.

Part 1 of the Regulations contains general provisions.

Regulation 3 requires an environmental impact assessment (EIA) to be carried out for water management projects for agriculture (including irrigation projects) which would be likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location. Projects involving the abstraction of water are only included if the amounts abstracted exceed 200 cubic metres in any 24 hours. There is an exclusion for development within the meaning of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 and land drainage improvement works within the meaning of the Drainage (Environmental Impact Assessment) Regulations (Northern Ireland) 2001.

Part 2 of the Regulations outlines the pre-application procedures for an EIA.

Regulations 4 and 5 provide the procedure for determining whether a water management project requires an EIA, and require an environmental statement to be provided where an EIA is required. The Department determines, at the request of the person applying or proposing to apply, whether the proposed project is a relevant project, using the selection criteria in Schedule 1. If the person who makes the request is dissatisfied with the Department’s determination, he may apply to the Water Appeals Commission to make its own determination. The determination must be made public, and must accompany any subsequent application for authorisation of the project.

Regulation 6 and Schedule 2 set out the information which an environmental statement must contain. The applicant may enter into consultation with any interested person or body to determine whether it possesses information relevant to the environmental statement. The Department is required to give an opinion on the content of an environmental statement if so requested.

Part 3 of the Regulations provides for the procedures to be undertaken in relation to relevant projects which require consent under these Regulations.

Regulation 7 outlines the application procedure and requires the Department to send copies of the application to the consultation bodies defined in regulation 2. Regulation 8 provides for the application to be publicised. Regulation 9 requires the Department to have regard to the environmental information provided and any representations received in determining the application. A notice of the outcome must be published and must also state where the relevant documentation is available for public inspection. Regulation 10 provides that the Department may grant or refuse such consent taking into account any significant effects the project is likely to have on the environment. Regulation 11 enables the Department to revoke or modify any consent should circumstances change whereby continuation of the consented project is likely to have a significant adverse effect on the environment due to its nature, size and location. Regulation 11 also provides that the Department may at any time modify or revoke a consent or modify or revoke conditions of the consent under certain circumstances.

Part 4 of the Regulations enables the Department to issue Prohibition Notices and prosecute any person who contravenes a Prohibition Notice.

Part 5 of the Regulations outlines the procedures to be followed in relation to projects likely to affect the Republic of Ireland and those in the Republic likely to affect Northern Ireland.

Part 6 of the Regulations provides for offences and appeals in relation to the Department’s decisions on consents, including revocation and modification of consents, and prohibition notices. Regulation 16 makes it an offence to begin or carry out a relevant project without the Department’s consent. Regulations 17 and 18 provide for appeals to be made to the Water Appeals Commission where the applicant/consent holder is dissatisfied with the Department’s decision.

Part 7 of the Regulations requires the Department to keep available specified documents for public inspection.

Copies of Council Directives 85/337/EEC and 97/11/EC can be obtained from Her Majesty’s Stationery Office, 16 Arthur Street, Belfast BT1 4GD.