Northern Ireland Statutory Rule SI 2017 Northern Ireland

The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
NIEA
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Applicant8 Any Person2

Plus 26 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Applicant — also bound by 307 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Schedules

Schedules

1 of 45 shown
s.sch003 Selection criteria referred to in Article 4.3 of the Directive (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Assess development characteristics and location for environmental impactsStatutory regulator
44 other schedules
s.sch001 Descriptions of development and applicable thresholds and criteria for the purpose of the definition of “Schedule 2 development” (opens in a new tab)
s.sch001 Interpretation
s.sch001 Descriptions of development
s.sch001 Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil)...
s.sch001 Waste disposal installations for the incineration or chemical treatment (as...
s.sch001 Groundwater abstraction or artificial groundwater recharge schemes where the annual...
s.sch001 (a) Works for the transfer of water resources, other than...
s.sch001 Waste water treatment plants with a capacity exceeding 150,000 population...
s.sch001 Extraction of petroleum and natural gas for commercial purposes where...
s.sch001 Dams and other installations designed for the holding back or...
s.sch001 Pipelines with a diameter of more than 800 millimetres and...
s.sch001 Installations for the intensive rearing of poultry or pigs with...
s.sch001 Industrial plants for— (a) the production of pulp from timber...
s.sch001 Quarries and open–cast mining where the surface of the site...
s.sch001 (a) Thermal power stations and other combustion installations with a...
s.sch001 Construction of overhead electrical power lines with a voltage of...
s.sch001 Installations for storage of petroleum, petrochemical or chemical products with...
s.sch001 Storage sites pursuant Chapter 3 of Part 1 of the...
s.sch001 Installations for the capture of carbon dioxide streams for the...
s.sch001 Any change to or extension of development listed in this...
s.sch001 (a) Installations for the reprocessing of irradiated nuclear fuel.
s.sch001 (a) Integrated works for the initial smelting of cast-iron and...
s.sch001 Installations for the extraction of asbestos and for the processing...
s.sch001 Integrated chemical installations, that is to say, installations for the...
s.sch001 (a) Construction of lines for long–distance railway traffic and of...
s.sch001 (a) Inland waterways and ports for inland–waterway traffic which permit...
s.sch001 Waste disposal installations for the incineration, chemical treatment (as defined...
s.sch002 Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development” (opens in a new tab)
s.sch002 In the Table below— “area of the works”, includes any...
s.sch002 The Table below sets out the descriptions of development and...
s.sch003 1. Characteristics of development
s.sch003 2. Location of development
s.sch003 3. Characteristics of the potential impact
s.sch004 Matters for Inclusion in Environmental Statement (opens in a new tab)
s.sch004 Description of the development, including in particular—
s.sch004 A reference list detailing the sources used for the descriptions...
s.sch004 A description of the reasonable alternatives (for example in terms...
s.sch004 A description of the relevant aspects of the current state...
s.sch004 A description of the factors specified in regulation 5(2) likely...
s.sch004 A description of the likely significant effects of the development...
s.sch004 A description of the forecasting methods or evidence used to...
s.sch004 A description of the measures envisaged to avoid, prevent, reduce...
s.sch004 A description of the expected significant adverse effects of the...
s.sch004 A non–technical summary of the information provided under paragraphs 1...
s.003 Directions Regulated
Other duties (1) — Crown / regulator
  • The Department may direct that a project requires an environmental assessmentCrown / Minister / Government department
s.004 Prohibition on granting planning permission or subsequent consent without an environmental impact assessment Regulated
Other duties (1) — Crown / regulator
  • Authorities must not grant permission for EIA projects without an assessmentLocal authority
s.005 Environmental impact assessment Regulated
  • Prepare and submit an environmental statement for EIA developmentsApplicant
s.008 Pre-application determination as to need for environmental impact assessment and opinion as to content of environmental statement Regulated
Other duties (1) — Crown / regulator
  • Council or Department must provide screening and scoping decisionsLocal authority
s.009 Procedure to facilitate preparation of environmental statements Regulated
  • Notify the council or Department of intent to submit an environmental statementApplicant
s.010 Provision of information Regulated
Other duties (1) — Crown / regulator
  • Notified bodies must provide relevant environmental information upon requestLocal authority
s.011 Environmental statements Regulated
  • Prepare and submit an Environmental Statement for EIA applicationsApplicant
s.012 Application which appears to require determination as to need for environmental impact assessment Regulated
Other duties (1) — Crown / regulator
  • Council or Department must determine if your project needs an EIALocal authority
s.013 Subsequent application where environmental information previously provided Regulated
Other duties (1) — Crown / regulator
  • Council must evaluate existing environmental information for subsequent applicationsLocal authority
s.014 Subsequent application where environmental information not previously provided Regulated
Other duties (1) — Crown / regulator
  • Council or Department must screen subsequent applications for EIA needsLocal authority
s.015 Application without an environmental statement Regulated
  • Respond to a notification that an Environmental Statement is requiredApplicant
s.016 Application referred to the Department under Section 29 without an environmental statement Regulated
  • Respond to Department notifications regarding Environmental Impact AssessmentsApplicant
s.018 Publicity where an environmental statement is submitted Regulated
Other duties (1) — Crown / regulator
  • Council or Department must publicise environmental statementsLocal authority
s.019 Availability of copies of environmental statement Regulated
  • Provide copies of your environmental statement to the public and authoritiesApplicant
s.020 Consultation where environmental statement submitted Regulated
Other duties (1) — Crown / regulator
  • Councils and the Department must consult on environmental statementsLocal authority
s.023 Coordination of assessments Regulated
Other duties (1) — Crown / regulator
  • Council or Department must coordinate EIA and Habitats assessmentsLocal authority
s.024 Consideration of whether planning permission or subsequent consent should be granted Regulated
Other duties (1) — Crown / regulator
  • Councils must reach a reasoned conclusion on environmental impactsLocal authority
s.025 Monitoring Regulated
Other duties (1) — Crown / regulator
  • Councils must assess and enforce environmental monitoring for developmentsLocal authority
s.026 Information to accompany decisions Regulated
Other duties (1) — Crown / regulator
  • Councils must provide detailed reasons and environmental info with EIA decisionsLocal authority
s.027 Duty to inform the public of decisions Regulated
Other duties (1) — Crown / regulator
  • Councils and the Department must notify the public of EIA decisionsLocal authority
s.029 Development in Northern Ireland likely to have significant effects on the environment in an EEA State Regulated
Other duties (1) — Crown / regulator
  • The Department must consult other EEA states on transboundary impactsCrown / Minister / Government department
s.030 Projects in an EEA State likely to have significant transboundary effects Regulated
Other duties (1) — Crown / regulator
  • NIEA must consult and manage public input for overseas projectsCrown / Minister / Government department
s.032 Duty to ensure objectives of the Directive are met Regulated
Other duties (1) — Crown / regulator
  • Councils and the Department must enforce environmental impact complianceLocal authority
s.033 Prohibition on the grant of planning permission or subsequent consent for unauthorised EIA development Regulated
Other duties (1) — Crown / regulator
  • Planning Appeals Commission must ensure EIA is done for unauthorised worksStatutory regulator
s.034 Determination as to need for environmental statement, etc. Regulated
  • Submit an Environmental Statement when appealing an enforcement noticeAny Person
s.035 Time period for submission of environmental statement Regulated
  • Submit Environmental Statement within 6 months of a requirement decisionApplicant
s.036 Provision of information Regulated
  • Provide environment-related information to the developer upon requestAny Person
s.037 Procedure where the Commission receives an environmental statement Regulated
Other duties (1) — Crown / regulator
  • The Planning Appeals Commission must notify relevant bodies of environmental statementsTribunal / Court
s.038 Further information and evidence respecting environmental statements Regulated
  • Provide further environmental information within the specified deadlineApplicant
s.039 Publicity for environmental statements and decision making Regulated
Other duties (1) — Crown / regulator
  • Planning Appeals Commission must publish notice of environmental statementsTribunal / Court
s.041 Restrictions on the grant of permission by simplified planning zone schemes and enterprise zone schemes Regulated
Other duties (1) — Crown / regulator
  • Councils/Department must not grant permission without EIA determinationLocal authority
s.043 Objectivity and bias Regulated
Other duties (1) — Crown / regulator
  • Councils and the Department must ensure objectivity in EIA decisionsLocal authority
s.044 Availability of information in relation to determinations, opinions, decisions, etc. Regulated
Other duties (1) — Crown / regulator
  • Councils must make environmental planning information available for public inspectionLocal authority
s.045 Hearing by the Commission in relation to the council’s or Department’s determination Regulated
Other duties (1) — Crown / regulator
  • Tribunal must provide a hearing for environmental impact determinationsTribunal / Court
s.047 Application to the Crown Regulated
Other duties (1) — Crown / regulator
  • The Crown must comply with Environmental Impact Assessment regulationsCrown / Minister / Government department
13 other provisions
s.001 Citation and commencement
s.002 Interpretation
s.006 Confirmation that development is EIA development
s.007 Appeals under Section 58 or Section 60 of the 2011 Act
s.017 Extension of the period for council’s or Department’s decision on an application for planning permission or subsequent application
s.021 Further information and evidence relating to environmental statement
s.022 Charges
s.028 Modifications where application is by a council
s.031 Interpretation of Part 9
s.040 Significant transboundary effects
s.042 Development Orders
s.046 Use of electronic communications
s.048 Revocation, saving and transitional provisions

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.