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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 483

EUROPEAN COMMUNITIES

WATER AND SEWERAGE

The Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006

  Made 27th November 2006 
  Coming into operation 1st February 2007 

The Department of the Environment, being a department designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of powers conferred upon it by that section makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Water Resources (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 1st February 2007.

Interpretation
    
2. —(1) In these Regulations—

    (2) The Interpretation Act (Northern Ireland) 1954[5] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Principal Regulations
     3. —(1) The Principal Regulations shall be amended in accordance with paragraphs (2) to (9).

    (2) In regulation 2(2)—

    (3) In regulation 4—

    (4) For regulation 5 substitute the following regulation—

    (5) In regulation 6, in paragraph (2), for the word "application," substitute the words "application for, or for the modification of, a licence for a relevant project".

    (6) For regulation 8 substitute the following regulation—

    (7) In regulation 9—

    (8) In regulation 14(4)(b) for the words "consent for the relevant project" substitute the words "the licence or modification thereof".

    (9) Omit regulations 7, 10 to 13, and 16 to 19.

Transitional Provisions
    
4. —(1) Where before the coming into operation of these Regulations the Department had received but not determined an application for a consent under the Principal Regulations, that application shall be treated as an application for a licence under regulation 8 of the Abstraction Regulations and the provisions of those Regulations shall, subject to paragraph (2), apply to any application so treated.

    (2) Regulation 19(1) of the Abstraction Regulations shall apply to an application to which paragraph (1) refers as if for the period of 4 months there mentioned there was substituted the period of 4 months from the date on which an application for a consent was received under the Principal Regulations .

    (3) Any consent granted under the Principal Regulations before the coming into operation of these Regulations shall be treated as a licence under the Abstraction Regulations and the provisions of the Abstraction Regulations shall apply to any licence so treated as they apply to licences granted under those Regulations.

    (4) Any matter registered in accordance with paragraph (a) or (b) of regulation 19 of the Principal Regulations before the coming into operation of the Abstraction Regulations shall be registered in the register maintained under Article 30 of the Water (NI) Order 1999[
6].



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


27th November 2006.

L.S.


Wesley Shannon
A senior officer of the Department of the Environment


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Water Resources (Environmental Impact Assessment) Regulations (Northern Ireland) 2005 ("the Principal Regulations") both as a consequence of the coming into operation of the Water Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006 ("the Abstraction Regulations") and also to implement, in part, Article 2 of Directive 2003/35/EC of the European Parliament and of the Council on public participation in respect of drawing up certain plans or programmes relating to the environment (O.J. No. L156, 25.6.2003, p.17). That Article amends Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L73, 14.3.97, p.5),.

The amendments made as a consequence of the coming into operation of the Abstraction Regulations are largely technical in nature. Their effect is to abolish a separate consenting regime under the Principal Regulations so that with effect from 1st February 2007 relevant projects (water management projects for agriculture involving the abstraction of 200 cubic metres or more of water in any period of 24 hours) will require to be licensed under the Abstraction Regulations. Any consents issued under the Principal Regulations prior to the coming into operation of these Regulations will, after that date, be treated as licences under the Abstraction Regulations.


Notes:

[1] S.I. 1988/785back

[2] 1972 c.68back

[3] S.R. 2006 No. 482back

[4] S.R. 2005 No. 32back

[5] 1954 c.33 (N.I.)back

[6] S.I. 1999/662 (N.I.6) as amended by S.I. 2006/1946 (N.I. 15)back



ISBN 0 337 96734 2


 © Crown copyright 2006

Prepared 4 December 2006


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URL: http://www.bailii.org/nie/legis/num_reg/2006/20060483.html