New EIA Regulations for certain agricultural projects in Northern Ireland
The Environmental Impact Assessment (Agriculture) (Northern Ireland) Regulations 2007 (Statutory Rule 2007 No.421) were made on 2nd October and enter into force on 5th November 2007. These Regulations implement Council Directive 85/337/EEC (O.J. No. L175, 5.7.85, p.40) on the assessment of the effects of certain public and private projects on the environment (as last amended by Directive 2003/35/EC (O.J. No. L156, 25.6.03, p. 17)) (”the EIA Directive”) in relation to two types of project:
- projects for the restructuring of rural land holdings
- projects for the use of uncultivated land and semi-natural areas for intensive agricultural purposes.
The Regulations also implement Council Directive 1992/43/EEC (O.J. No. L206, 22.7.1992, p. 7) on the conservation of natural habitats and of wild flora and fauna (”the Habitats Directive”) insofar as those projects affect sites protected by that Directive.
Key requirements include:
- A prohibition on beginning or carrying out certain uncultivated land projects or restructuring projects unless a screening decision has been obtained from the Department of Environment Northern Ireland (DoENI), allowing the project to go ahead.
- The thresholds above which an EIA may be required are detailed in Schedule 1 (relating to the area of land subject to the proposed development).
- Schedule 2 defines the selection criteria for a screening notice or a screening decision, including the characteristics, location and environmental impact of project.
- “Screening notices” allow DoENI to remove the application thresholds from areas of land.
- An application for a screening decision must contain certain information as defined in regulation 7.
The full text of the Regulations is available from:
http://www.opsi.gov.uk/sr/sr2007/20070421.htm
Source: www.opsi.gov.uk (accessed 10/10/07)