Northern Ireland Statutory Rule
2017
Northern Ireland
The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017
At a glance
Enforced by
What's here
35 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Applicant 8
- Any Person 2
Plus 25 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Applicants also bound by 294 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 46 duties
- Human Medicines Regulations 2012 2012 30 duties
- The Land Registration Rules 2003 2003 25 duties
- Value Added Tax Regulations 1995 1995 18 duties
- Space Industry Regulations 2021 2021 14 duties
Any Person also bound by 2338 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 169 duties
- Merchant Shipping Act 1995 1995 144 duties
- Insolvency (England and Wales) Rules 2016 2016 101 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 95 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — General
Browse 7 other sections in this Part — procedural / definitional / commencement
Interpretation
Directions
Prohibition on granting planning permission or subsequent consent without an environmental impact assessment
Environmental impact assessment
Confirmation that development is EIA development
Appeals under Section 58 or Section 60 of the
Part 2 — Pre-Application Procedures
Browse 1 other section in this Part — procedural / definitional / commencement
Pre-application determination as to need for environmental impact assessment and opinion as to content of environmental statement
Part 3 — Preparation of Environmental Statements
Browse 3 other sections in this Part — procedural / definitional / commencement
Procedure to facilitate preparation of environmental statements
Provision of information
Environmental statements
Part 4 — Procedures on Receipt of Application
Browse 6 other sections in this Part — procedural / definitional / commencement
Application which appears to require determination as to need for environmental impact assessment
Subsequent application where environmental information previously provided
Subsequent application where environmental information not previously provided
Application without an environmental statement
Application referred to
Extension of the period for council’s or Department’s decision on an application for planning permission or subsequent application
Part 5 — Publicity and Consultation
Browse 5 other sections in this Part — procedural / definitional / commencement
Publicity where an environmental statement is submitted
Availability of copies of environmental statement
Consultation where environmental statement submitted
Further information and evidence relating to environmental statement
Charges
Part 6 — Coordination, Decision-making, Monitoring and Notification of Decisions
Browse 5 other sections in this Part — procedural / definitional / commencement
Coordination of assessments
Consideration of whether planning permission or subsequent consent should be granted
Monitoring
Information to accompany decisions
Duty to inform the public of decisions
Part 7 — Development by a Council
Browse 1 other section in this Part — procedural / definitional / commencement
Modifications where application is by a council
Part 8 — Development with Significant Transboundary Effects
Browse 2 other sections in this Part — procedural / definitional / commencement
Development in Northern Ireland likely to have significant effects on the environment in an EEA State
Projects in an EEA State likely to have significant transboundary effects
Part 9 — Unauthorised EIA Development
Browse 10 other sections in this Part — procedural / definitional / commencement
Interpretation of Part 9
Duty to ensure objectives of the Directive are met
Prohibition on the grant of planning permission or subsequent consent for unauthorised EIA development
Determination as to need for environmental statement,
Time period for submission of environmental statement
Provision of information
Procedure where
Further information and evidence respecting environmental statements
Publicity for environmental statements and decision making
Significant transboundary effects
Part 10 — Permission in Enterprise and Simplified Planning Zones and Permission Granted by Development Orders
Browse 2 other sections in this Part — procedural / definitional / commencement
Restrictions on the grant of permission by simplified planning zone schemes and enterprise zone schemes
Development Orders
Part 11 — Miscellaneous
Browse 6 other sections in this Part — procedural / definitional / commencement
Objectivity and bias
Availability of information in relation to determinations, opinions, decisions, etc.
Hearing by the Commission in relation to the council’s or Department’s determination
Use of electronic communications
Application to the Crown
Revocation, saving and transitional provisions
Schedules
Selection criteria referred to in Article 4.3 of the Directive
Other duties (1) — Crown / regulator
- Assess development characteristics and location for environmental impacts Statutory regulator
Browse 44 other Schedules — structural / supplementary
Descriptions of development and applicable thresholds and criteria for the purpose of the definition of “Schedule 2 development”
Interpretation
Descriptions of development
Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil)...
Waste disposal installations for the incineration or chemical treatment (as...
Groundwater abstraction or artificial groundwater recharge schemes where the annual...
(a) Works for the transfer of water resources, other than...
Waste water treatment plants with a capacity exceeding 150,000 population...
Extraction of petroleum and natural gas for commercial purposes where...
Dams and other installations designed for the holding back or...
Pipelines with a diameter of more than 800 millimetres and...
Installations for the intensive rearing of poultry or pigs with...
Industrial plants for— (a) the production of pulp from timber...
Quarries and open–cast mining where the surface of the site...
(a) Thermal power stations and other combustion installations with a...
Construction of overhead electrical power lines with a voltage of...
Installations for storage of petroleum, petrochemical or chemical products with...
Storage sites pursuant Chapter 3 of Part 1 of the...
Installations for the capture of carbon dioxide streams for the...
Any change to or extension of development listed in this...
(a) Installations for the reprocessing of irradiated nuclear fuel.
(a) Integrated works for the initial smelting of cast-iron and...
Installations for the extraction of asbestos and for the processing...
Integrated chemical installations, that is to say, installations for the...
(a) Construction of lines for long–distance railway traffic and of...
(a) Inland waterways and ports for inland–waterway traffic which permit...
Waste disposal installations for the incineration, chemical treatment (as defined...
Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”
In the Table below— “area of the works”, includes any...
The Table below sets out the descriptions of development and...
1. Characteristics of development
2. Location of development
3. Characteristics of the potential impact
Matters for Inclusion in Environmental Statement
Description of the development, including in particular—
A reference list detailing the sources used for the descriptions...
A description of the reasonable alternatives (for example in terms...
A description of the relevant aspects of the current state...
A description of the factors specified in regulation 5(2) likely...
A description of the likely significant effects of the development...
A description of the forecasting methods or evidence used to...
A description of the measures envisaged to avoid, prevent, reduce...
A description of the expected significant adverse effects of the...
A non–technical summary of the information provided under paragraphs 1...
Other sections — not classified into a Part
These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.
Directions
Other duties (1) — Crown / regulator
- The Department may direct that a project requires an environmental assessment Crown / Minister / Government department
Prohibition on granting planning permission or subsequent consent without an environmental impact assessment
Other duties (1) — Crown / regulator
- Authorities must not grant permission for EIA projects without an assessment Local authority
Environmental impact assessment
- Prepare and submit an environmental statement for EIA developments Applicant
Pre-application determination as to need for environmental impact assessment and opinion as to content of environmental statement
Other duties (1) — Crown / regulator
- Council or Department must provide screening and scoping decisions Local authority
Procedure to facilitate preparation of environmental statements
- Notify the council or Department of intent to submit an environmental statement Applicant
Provision of information
Other duties (1) — Crown / regulator
- Notified bodies must provide relevant environmental information upon request Local authority
Environmental statements
- Prepare and submit an Environmental Statement for EIA applications Applicant
Application which appears to require determination as to need for environmental impact assessment
Other duties (1) — Crown / regulator
- Council or Department must determine if your project needs an EIA Local authority
Subsequent application where environmental information previously provided
Other duties (1) — Crown / regulator
- Council must evaluate existing environmental information for subsequent applications Local authority
Subsequent application where environmental information not previously provided
Other duties (1) — Crown / regulator
- Council or Department must screen subsequent applications for EIA needs Local authority
Application without an environmental statement
- Respond to a notification that an Environmental Statement is required Applicant
Application referred to the Department under Section 29 without an environmental statement
- Respond to Department notifications regarding Environmental Impact Assessments Applicant
Publicity where an environmental statement is submitted
Other duties (1) — Crown / regulator
- Council or Department must publicise environmental statements Local authority
Availability of copies of environmental statement
- Provide copies of your environmental statement to the public and authorities Applicant
Consultation where environmental statement submitted
Other duties (1) — Crown / regulator
- Councils and the Department must consult on environmental statements Local authority
Coordination of assessments
Other duties (1) — Crown / regulator
- Council or Department must coordinate EIA and Habitats assessments Local authority
Consideration of whether planning permission or subsequent consent should be granted
Other duties (1) — Crown / regulator
- Councils must reach a reasoned conclusion on environmental impacts Local authority
Monitoring
Other duties (1) — Crown / regulator
- Councils must assess and enforce environmental monitoring for developments Local authority
Information to accompany decisions
Other duties (1) — Crown / regulator
- Councils must provide detailed reasons and environmental info with EIA decisions Local authority
Duty to inform the public of decisions
Other duties (1) — Crown / regulator
- Councils and the Department must notify the public of EIA decisions Local authority
Development in Northern Ireland likely to have significant effects on the environment in an EEA State
Other duties (1) — Crown / regulator
- The Department must consult other EEA states on transboundary impacts Crown / Minister / Government department
Projects in an EEA State likely to have significant transboundary effects
Other duties (1) — Crown / regulator
- NIEA must consult and manage public input for overseas projects Crown / Minister / Government department
Duty to ensure objectives of the Directive are met
Other duties (1) — Crown / regulator
- Councils and the Department must enforce environmental impact compliance Local authority
Prohibition on the grant of planning permission or subsequent consent for unauthorised EIA development
Other duties (1) — Crown / regulator
- Planning Appeals Commission must ensure EIA is done for unauthorised works Statutory regulator
Determination as to need for environmental statement, etc.
- Submit an Environmental Statement when appealing an enforcement notice Any Person
Time period for submission of environmental statement
- Submit Environmental Statement within 6 months of a requirement decision Applicant
Provision of information
- Provide environment-related information to the developer upon request Any Person
Procedure where the Commission receives an environmental statement
Other duties (1) — Crown / regulator
- The Planning Appeals Commission must notify relevant bodies of environmental statements Tribunal / Court
Further information and evidence respecting environmental statements
- Provide further environmental information within the specified deadline Applicant
Publicity for environmental statements and decision making
Other duties (1) — Crown / regulator
- Planning Appeals Commission must publish notice of environmental statements Tribunal / Court
Objectivity and bias
Other duties (1) — Crown / regulator
- Councils and the Department must ensure objectivity in EIA decisions Local authority
Availability of information in relation to determinations, opinions, decisions, etc.
Other duties (1) — Crown / regulator
- Councils must make environmental planning information available for public inspection Local authority
Hearing by the Commission in relation to the council’s or Department’s determination
Other duties (1) — Crown / regulator
- Tribunal must provide a hearing for environmental impact determinations Tribunal / Court
Application to the Crown
Other duties (1) — Crown / regulator
- The Crown must comply with Environmental Impact Assessment regulations Crown / Minister / Government department
Browse 14 other sections
Citation and commencement
Interpretation
Confirmation that development is EIA development
Appeals under Section 58 or Section 60 of the 2011 Act
Extension of the period for council’s or Department’s decision on an application for planning permission or subsequent application
Further information and evidence relating to environmental statement
Charges
Modifications where application is by a council
Interpretation of Part 9
Significant transboundary effects
Restrictions on the grant of permission by simplified planning zone schemes and enterprise zone schemes
Development Orders
Use of electronic communications
Revocation, saving and transitional provisions
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Northern Ireland Environment Agency
Northern Ireland's environmental regulator. Part of the Department of Agriculture, Environment and Rural Affairs (DAERA). Issues environmental permits, regulates waste and emissions, …
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Regulators
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