Statutory Rules of Northern Ireland

(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.

(a) the locality in which the proposed project, which is the subject of the application, is proposed to be carried out; and

(b) the locality in which the waterway or underground stratum which may be affected by the project is situated,

a notice -

(i) stating the applicant's name and that he has made an application and that he has provided the Department with an environmental statement or further information in accordance with regulation 6;

(ii) naming a place in the relevant locality at which copies of the application, the environmental statement and any further information may be inspected free of charge at all reasonable hours within a period of twenty-eight days beginning on the date the notice was published;

(iii) specifying an address at which copies of the application, the environmental statement and any further information may be obtained from the applicant and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge; and

(iv) stating that any person wishing to make representations in relation to the application should make them to the Department in writing within a period of twenty-eight days beginning on the date the notice was first published in the newspaper, at a specified address nominated by the Department.

(a) that a person has begun a relevant project without a consent; and

(b) that it is causing or is likely to cause significant harm to the environment,

the Department shall by notice served on that person prohibit the continuation of all or any part of that project.

    (2) Where the Department serves a notice (in this regulation referred to as a "prohibition notice") on a person under paragraph (1) the prohibition shall take effect immediately upon service of the notice or (if later) the date specified in the notice.

    (3) The Department may at any time withdraw a prohibition notice (without prejudice to its power to serve another) by serving notice to that effect on those persons served with the prohibition notice.

    (4) A prohibition notice shall cease to have effect if -

(a) a notice of withdrawal is served in accordance with paragraph (3);

(b) the Department (or the Commission) grants consent for the prohibited work; or

(c) if the Department (or the Commission) decides that the prohibited work is not a relevant project.

(a) it comes to the attention of the Department that the proposed project is the subject of an environmental impact assessment application and is likely to have significant effects on the environment in another Member State; or

(b) another Member State likely to be significantly affected by such a project so requests,

the Department shall -

(i) publish a notice in the Belfast Gazette giving the address of the proposed project, stating that it is accompanied by an environmental statement and that it is likely to have significant effects on the environment of another Member State and giving an address at which further information may be obtained;

(ii) send to the Member State as soon as possible and no later than the date of publication of the notice referred to in paragraph (i), the particulars mentioned in paragraph (2) and, if the Department thinks fit, the information referred to in paragraph (3); and

(iii) give the Member State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these regulations provide.

    (2) The particulars referred to in paragraph (1)(ii) are -

(a) a description of the project, together with any available information on its possible significant effect on the environment in another Member State; and

(b) information on the nature of the decision which may be taken.

    (3) Where a Member State indicates in accordance with paragraph (1)(iii), that it wishes to participate in the procedure for which these regulations provide, the Department shall send to that Member State -

(a) a description of the project concerned;

(b) a copy of the environmental statement in respect of the project to which that application relates; and

(c) relevant information regarding the procedure under these Regulations,

unless that information has already been provided to the Member State earlier in accordance with paragraph (1)(ii).

    (4) The Department shall also -

(a) arrange for the particulars and information referred to in paragraphs (2) and (3) to be made available, within a reasonable time, to the authorities referred to in Article 6.1 of the Directive and to the public concerned in the territory of the Member State likely to be significantly affected; and

(b) ensure that those authorities and the public concerned are given an opportunity, before consent for the relevant project is granted, to forward to the Department, within a reasonable time, their opinion on the information supplied.

    (5) The Department shall in accordance with Article 7.4 of the Directive -

(a) enter into consultations with the Member State concerned regarding, inter alia, the potential significant effects of the project on the environment of that Member State and the measures envisaged to reduce or eliminate such effects; and

(b) determine, in agreement with the other Member State, a reasonable period of time for the duration of the consultation period.

    (6) Where a Member State has been consulted in accordance with paragraph (3), on the determination of the application concerned, the Department shall inform the Member State and shall forward to it a statement of -

(a) the content of the decision and any conditions attached thereto;

(b) the main reasons and considerations on which the decision is based; and

(c) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.

(a) begin a relevant project except in pursuance of a consent granted under regulation 10 by the Department; or

(b) carry it out except in accordance with the provisions of that consent.

    (2) A person may rely on a consent granted under regulation 10 even though he is not the person to whom the consent was granted.

    (3) A person who contravenes paragraph (1) shall be guilty of an offence and liable -

(a) on summary conviction, to a fine not exceeding the statutory maximum;

(b) on conviction on indictment, to a fine.

(a) any determination under regulation 4; and

(b) any environmental statement or further information furnished under regulation 6; and

(c) any consent granted under regulation 10; and

(d) any revocation or modification of consent served under regulation 11; and

(e) any prohibition notice served under regulation 12.

Sealed with the Official Seal of the Department of the Environment on


9th February 2005.

L.S.

Judena Goldring
A senior officer of the Department of the Environment

(a) the size of the project;

(b) the cumulation with other projects;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of projects
     2. The environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regard, in particular, to -

(a) a description of the physical characteristics of the whole project and the land-use requirements during the construction and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation etc.) resulting from the operation of the proposed project.

     2. An outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects.

     3. A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

     4. A description (which shall cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project) of the likely significant effects of the proposed project on the environment resulting from:

(a) the existence of the project;

(b) the use of natural resources;

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the developer of the forecasting methods used to assess the effects on the environment.

     5. A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

     6. A non-technical summary of the information provided under the above headings.

     7. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information.