Made | 1st July 2004 | ||
Coming into operation | 22nd July 2004 |
1. | Citation and commencement |
2. | Interpretation |
3. | Application |
4. | Consultation body |
5. | Environmental assessment for plans and programmes: first formal preparatory act on or after 21st July 2004 |
6. | Environmental assessment for plans and programmes: first formal preparatory act before 21st July 2004 |
7. | Environmental assessment for plans and programmes co-financed by the European Community |
8. | Restriction on adoption or submission of plans, programmes or modifications |
9. | Determination of whether a particular plan, programme or modification is likely to have significant environmental effects |
10. | Publicity for determinations |
11. | Preparation of environmental report |
12. | Consultation procedures |
13. | Transboundary consultations |
14. | Plans and programmes of other Member States |
15. | Information as to adoption of plan or programme |
16. | Monitoring of implementation of plans and programmes |
1. | Criteria for determining the likely significance of effects on the environment |
2. | Information for environmental reports |
(3) Other expressions used both in these Regulations and in the Environmental Assessment of Plans and Programmes Directive have the same meaning in these Regulations as they have in that Directive.
Application
3.
- (1) These Regulations apply as regards a plan or programme relating solely to the whole or any part of Northern Ireland.
(2) These regulations shall bind the Crown.
Consultation body
4.
- (1) Subject to paragraph (2), for the purposes of these Regulations, the Department of the Environment shall be the consultation body.
(2) Where the Department of the Environment is at any time the responsible authority as regards a plan or programme, it shall not at that time exercise the functions under these Regulations of the consultation body in relation to that plan or programme; and references to the consultation body in the following provisions of these Regulations shall be construed accordingly.
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 -
(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 -
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 -
(6) An environmental assessment need not be carried out -
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 -
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 -
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 -
(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 -
(3) The requirements of this paragraph are that account shall be taken of -
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 -
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 -
(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 -
(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.
(3) The report shall include such of the information referred to in Schedule 2 that may reasonably be required, taking account of -
(4) Information referred to in Schedule 2 may be provided by reference to relevant information obtained at other levels of decision-making or through other Community legislation.
(5) When deciding on the scope and level of detail of the information that must be included in the report, the responsible authority shall consult the consultation body.
(6) Where the consultation body wishes to respond to a consultation under paragraph (5), it shall do so within the period of 5 weeks beginning with the date on which it receives the responsible authority's invitation to engage in the consultation.
Consultation procedures
12.
- (1) Every draft plan or programme for which an environmental report has been prepared in accordance with regulation 11 and its accompanying environmental report ("the relevant documents") shall be made available to the consultation body and to the public in accordance with the following provisions of this regulation.
(2) As soon as reasonably practicable after their preparation, the responsible authority shall send a copy of the relevant documents to the consultation body and invite it to express its opinion on the relevant documents within a specified period.
(3) The responsible authority shall also -
(b) keep a copy of the relevant documents available at its principal office for inspection by the public at all reasonable times and free of charge; and
(c) publish a copy of the relevant documents on the authority's website.
(4) The periods referred to in paragraphs (2) and (3)(a)(iv) must be of such length as will ensure that those to whom the invitation is extended are given an early and effective opportunity to express their opinion on the relevant documents.
(5) Publication of a notice under paragraph (3)(a) shall be by such means as will ensure that the contents of the notice are likely to come to the attention of the public affected by, or likely to be affected by, or having an interest in, the draft plan or the programme.
(6) Nothing in paragraph (3)(a)(ii) 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.
Transboundary consultations
13.
- (1) Where a responsible authority is of the opinion that a plan or programme for which it is the responsible authority is likely to have significant effects on the environment of another Member State, it shall, as soon as reasonably practical after forming that opinion -
(2) Where the Department concerned has been notified under paragraph (1)(a), the responsible authority shall, within such period as the Department concerned may specify by notice in writing to the authority, provide that Department with such other information about the plan or programme or its accompanying environmental report as it may reasonably require.
(3) Where -
the Department concerned shall, before the adoption of the plan or programme or its submission to the legislative procedure for adoption, forward a copy of it and of its accompanying environmental report to the Member State concerned.
(4) Where the Department concerned receives from a Member State an indication that it wishes to enter into consultations before the adoption, or submission to the legislative procedure for adoption, of a plan or programme forwarded to it in accordance with paragraph (3), the Department concerned shall -
(b) enter into consultations with the Member State concerning -
(c) where it is not the responsible authority, direct the responsible authority that it shall not adopt the plan or programme, or submit it to the legislative procedure for adoption, until the consultations with the Member State have been concluded.
(5) Where consultations take place pursuant to paragraph (4), the Department concerned shall -
Plans and programmes of other Member States
14.
- (1) This regulation applies where the Department concerned receives from a Member State (whether or not in response to a request made by that Department in that behalf under the Environmental Assessment of Plans and Programmes Directive) a copy of a draft plan or programme -
(2) The Department concerned shall indicate to the Member State whether, before the adoption of the plan or programme or its submission to the legislative procedure for adoption, it wishes to enter into consultations in respect of that plan or programme concerning -
(3) Where the Department concerned so indicates, it shall agree with the Member State concerned -
(4) Where such consultations take place under this regulation, the Department concerned shall -
(5) The period specified under paragraph (4)(e) shall end not later than 28 days before the end of the period that the Department concerned has agreed with the Member State concerned, pursuant to paragraph (3)(b), as reasonable for the duration of their consultations.
(6) Nothing in paragraph (4)(d) shall require the Department concerned to provide a copy of the relevant documents free of charge; but where a charge is made, it shall be of a reasonable amount.
(2) As soon as reasonably practicable after the adoption of a plan or programme -
(b) the Department concerned shall inform the Member State with which consultations in relation to a plan or programme have taken place under regulation 13(4), of the matters referred to in paragraph (3).
(3) The matters are -
(4) The particulars referred to in paragraphs (1)(c)(iii) and (3)(c)(iii), are -
Monitoring of implementation of plans and programmes
16.
- (1) The responsible authority shall monitor the significant environmental effects of the implementation of each plan or programme with the purpose of identifying unforeseen adverse effects at an early stage and undertaking appropriate remedial action.
(2) The responsible authority's monitoring arrangements may comprise or include arrangements established otherwise than for the express purpose of complying with paragraph (1).
Sealed with the Official Seal of the Department of the Environment on
1st July 2004.
L.S.
I. Maye
A senior officer of the Department of the Environment
2.
Characteristics of the effects and of the area likely to be affected, having regard, in particular, to -
(g) the effects on areas or landscapes which have a recognised national, Community or international protection status.
7.
The measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme.
8.
An outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information.
9.
A description of the measures envisaged concerning monitoring in accordance with regulation 16.
10.
A non-technical summary of the information provided under paragraphs 1 to 9.
Subject to the exceptions mentioned below, where the first formal preparatory act in relation to a plan or programme to which the Regulations apply is on or after 21st July 2004, the plan or programme cannot be adopted, or submitted for adoption, unless it has been subjected to environmental assessment under the Regulations (Articles 4.1 and 13.3 of the Directive and regulations 5(1) and 7).
The requirement for environmental assessment applies, in particular, to any plan or programme prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use, which 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; and to any 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 Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna, as last amended by Council Directive 97/11/EC (Article 3.2 of the Directive and regulation 5(1) to (3)).
There are exceptions for plans and programmes that determine the use of a small area at local level, and for minor modifications, where it has been determined that they are unlikely to have significant environmental effects (Article 3.3 and regulation 5(6)).
The requirement for environmental assessment also applies to other plans and programmes which set the framework for future development consent of projects if they are the subject of a determination under regulation 9(1) that the plan or programme is likely to have significant environmental effects (Article 3.4 of the Directive and regulation 5(4)).
The requirement for environmental assessment under the Regulations may also apply where a plan or programme in relation to which the first formal preparatory act occurred before 21st July 2004 has not been adopted before 22nd July 2006. If an environmental assessment would have been required if the first formal preparatory act had occurred on 21st July 2004, the plan or programme must be subjected to environmental assessment unless the responsible authority directs that that is not feasible and informs the public to that effect. (Articles 4.1 and 13.3 of the Directive and regulation 6).
Regulation 7 makes provision for environmental assessment of plans and programmes co-financed by the European Community (other than those excepted by Article 3.9 of the Directive) to be carried out in conformity with the specific provisions in relevant Community legislation (Article 11.3 of the Directive).
Regulation 8 prevents the adoption, or submission for adoption, of a plan or programme for which an environmental assessment is required under these Regulations, before the completion of that assessment. An environmental assessment is not complete until account has been taken of the environmental report for that plan or programme and the opinions expressed in the course of the consultations required by regulation 12, and the outcome of any transboundary consultations under regulation 13(4) (Article 8 of the Directive). Regulation 8 also prevents the adoption, or submission for adoption, of a plan or programme before a determination has been made under regulation 9(1) whether the plan or programme is likely to have significant environmental effects.
Regulation 9 deals with the making of determinations as to whether a plan or programme is likely to have significant environmental effects. The criteria to be applied are set out in Schedule 1 to the Regulations (Article 3.5 of and Annex II to, the Directive). Determinations cannot be made unless the responsible authority has consulted the designated authority ("the consultation body").
Regulation 10 requires the publication of determinations under regulation 9 (Article 3.7 of the Directive).
Environmental assessment under the Regulations includes the preparation of an environmental report (Article 5 of the Directive and regulation 11). The matters to be included in the environmental report are specified in Schedule 2 to the Regulations (Article 5.1 of, and Annex II to, the Directive).
Regulation 12 specifies the consultation procedures that must be undertaken in relation to a draft plan or programme for which an environmental report has been prepared under these Regulations (Articles 5.4 and 6 of the Directive).
Regulation 13 deals with transboundary consultations and includes procedures for consultations in relation to those draft plans and programmes prepared in Northern Ireland that are likely to have significant effects on the environment in other Member States (Article 7 of the Directive).
Regulation 14 applies in relation to those draft plans and programmes prepared in another Member State that are likely to have significant effects on the environment in any part of Northern Ireland (Article 7 of the Directive). Where the Department concerned receives a draft plan or programme from another Member State it must indicate to that Member State whether it wishes to enter into consultations in respect of that plan or programme concerning -
Regulation 15 in Part IV deals with procedures after the adoption of a plan or programme that has been the subject of an environmental assessment under the Regulations. It requires the person who prepared the plan or programme to give notice of its adoption and to make it and other specified information available for inspection (Article 9 of the Directive).
Regulation 16 is relevant to the monitoring of the significant environmental effects of implementing plans and programmes (Article 10 of the Directive). It requires the person by whom the plan or programme was prepared to monitor with a view to identifying, at an early stage, unforeseen adverse effects, and to undertake appropriate remedial action.
[4] S.I. 1999/283 (N.I. 1)back
[5] O.J. No. L206, 22.7.1992. The last amending Directive is at O.J. No. L305, 8.11.1997, p. 42back
[6] O.J. No. L197, 21.7.2001, p. 30back
[8] O.J. No. L175, 5.7.1985, p. 40. The amending Directive is at O.J. No. L73, 14.3.1997, p. 5back
[9] O.J. No. L103, 25.4.1979, p. 1back