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

PART 2PRE-APPLICATION PROCEDURES & ASSESSMENT OF RELEVANT PROJECTS

Determination whether a project is a relevant project

4.—(1) Before applying for a consent for a project, a person proposing to carry out that project may in writing request the Department to make a determination whether the project is a relevant project.

(2) The request shall be accompanied by –

(a)a plan sufficient to identify the place where the project is to be carried out;

(b)a brief description of the nature, extent and purpose of the project and its possible effects on the environment; and

(c)any other information or representations which the applicant wishes the Department to take into account.

(3) Where the Department considers that it has insufficient information to determine the request, it shall by notice in writing inform the applicant and specify what further information it requires.

(4) In determining whether a project is a relevant project the Department shall take into account such of the selection criteria set out in Schedule 1 as are relevant.

(5) The Department shall give the applicant written notice of its determination before the expiry of –

(a)a period of twenty-eight days beginning with –

(i)the date on which the request is received; or

(ii)where the Department has served a notice under paragraph (3), the date on which the further information specified is given to the Department; or

(b)such longer period as may be agreed in writing with the applicant.

(6) Where –

(a)the Department fails to make a determination before the expiry of the period specified in paragraph (5); or

(b)the applicant is dissatisfied with the Department’s determination that the proposed project would amount to or form part of a relevant project,

the applicant may apply to the Commission for a determination on the matter by notice in writing not later than twenty-eight days after the expiry of that period or, as the case may be, after the date of the determination of the Department.

(7) Where an application is made to the Commission under paragraph (6), the Commission shall send a copy of the application to the Department.

(8) The Commission shall by notice in writing given to the Applicant and the Department –

(a)uphold or reverse the determination of the Department; or

(b)in default of a determination by the Department, determine whether the project is a relevant project.

(9) A determination under this regulation shall be accompanied by a written statement of the reasons for that determination.

(10) The Department or, as the case may be, the Commission shall take such steps as are considered appropriate to make a determination under this regulation available to the public.

(11) Where an applicant makes an application for consent in relation to the project in question he shall furnish a copy of any determination made under this regulation with his application.

Environmental statement to be provided in relation to an application

5.  An environmental statement which complies with regulation 6 shall be provided in relation to an application made after 9th March 2005.

Environmental statement, and opinions of the Department on the contents of an environmental statement

6.  An environmental statement shall include such of the information set out in Schedule 2 as is relevant to the relevant project and at least the following –

(a)a description of the project comprising information on the site, design and size of the project;

(b)a description of the aspects of the environment likely to be significantly affected by the project;

(c)a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

(d)an outline of the main alternatives studied by the applicant and an indication of the main reasons for his choice, taking into account the environmental effects; and

(e)a non-technical summary of the information provided under sub-paragraphs (a) to (d).

(2) If a person so requests before making an application, the Department shall, having consulted the person making the request and the consultation bodies, give an opinion on the information which should be contained in an environmental statement accompanying such an application.

(3) The fact that the Department has given an opinion under paragraph (2) shall not preclude it from subsequently requiring the person making the request to provide further information.

(4) The Department and the consultation bodies shall, if requested by a person proposing to make an application for which an environmental statement is required, enter into consultation with him to determine whether they have in their possession any information which may be relevant to the preparation of an environmental statement and, if they have, they shall make it available to him.

(5) Paragraph (4) shall not require the disclosure of information where disclosure of that information may be refused under the Environmental Information Regulations 2004(1).

(6) Any body which provides information to a person under paragraph (4) may require him to pay a charge which reflects the cost of making that information available.

(7) If the Department considers that an environmental statement does not contain all the information required by paragraph (1), it shall by notice in writing –

(a)inform the applicant; and

(b)specify what further information the Department requires,

and the applicant shall provide that information to the Department.