Statutory Rules of Northern Ireland

(a) the first formal preparatory act of a plan or programme is on or after 21st July 2004; and

(b) the plan or programme is of the description set out in either paragraph (2) or paragraph (3),

the responsible authority shall carry out, or secure the carrying out of, an environmental assessment in accordance with Part III, during the preparation of that plan or programme and before its adoption or submission to the legislative procedure.

    (2) The description is a plan or programme which -

(a) implementing the plan or programme; and

(b) reasonable alternatives taking into account the objectives and geographical scope of the plan or programme.

    (3) The report shall include such of the information referred to in Schedule 2 that may reasonably be required, taking account of -

(a) current knowledge and methods of assessment;

(b) the contents and level of detail in the plan or programme;

(c) the stage of the plan or programme in the decision-making process; and

(d) the extent to which certain matters are more appropriately assessed at different levels in that process in order to avoid duplication of the assessment.

(a) make a copy of the plan or programme and its accompanying environmental report available at its principal office for inspection by the public at all reasonable times and free of charge; and

(b) publish a copy of the plan or programme and of the information referred to in sub-paragraph (c) on the authority's website; and

(c) take such steps as it considers appropriate to bring to the attention of the public -


(i) the title of the plan or programme;

(ii) the date on which it was adopted;

(iii) the address (which may include a website) at which a copy of it and of its accompanying environmental report, and of a statement containing the particulars specified in paragraph (4), may be inspected or from which a copy may be obtained;

(iv) the times at which inspection may be made; and

(v) that inspection may be made free of charge.

    (2) As soon as reasonably practicable after the adoption of a plan or programme -

(a) the responsible authority shall inform -


(i) the consultation body;

(ii) where a plan or programme has been notified under regulation 13, the Department concerned.



(b) the Department concerned shall inform the Member State with which consultations in relation to a plan or programme have taken place under regulation 13(4), of the matters referred to in paragraph (3).

    (3) The matters are -

(a) that the plan or programme has been adopted;

(b) the date on which it was adopted; and

(c) the address (which may include a website) at which a copy of -


(i) the plan or programme, as adopted,

(ii) its accompanying environmental report, and

(iii) a statement containing the particulars specified in paragraph (4), may be viewed, or from which a copy may be obtained.

    (4) The particulars referred to in paragraphs (1)(c)(iii) and (3)(c)(iii), are -

(a) how environmental considerations have been integrated into the plan or programme;

(b) how the environmental report has been taken into account;

(c) how the opinions expressed in response to the invitations mentioned in regulation 12 have been taken into account;

(d) how the results of any consultations entered into under regulation 13(4) have been taken into account;

(e) the reasons for choosing the plan or programme as adopted, in the light of the other reasonable alternatives dealt with; and

(f) the measures that are to be taken to monitor the significant environmental effects of the implementation of the plan or programme.

(a) the degree to which the plan or programme sets a framework for projects and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources;

(b) the degree to which the plan or programme influences other plans and programmes including those in a hierarchy;

(c) the relevance of the plan or programme for the integration of environmental considerations in particular with a view to promoting sustainable development;

(d) environmental problems relevant to the plan or programme; and

(e) the relevance of the plan or programme for the implementation of Community legislation on the environment (e.g. plans and programmes linked to waste management or water protection).

     2. Characteristics of the effects and of the area likely to be affected, having regard, in particular, to -

(a) the probability, duration, frequency and reversibility of the effects;

(b) the cumulative nature of the effects;

(c) the transboundary nature of the effects;

(d) the risks to human health or the environment (e.g. due to accidents);

(e) the magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected);

(f) the value and vulnerability of the area likely to be affected due to -


(i) special natural characteristics or cultural heritage;

(ii) exceeded environmental quality standards or limit values; or

(iii) intensive land-use; and



(g) the effects on areas or landscapes which have a recognised national, Community or international protection status.

(a) subject to preparation or adoption by an authority at national, regional or local level; or

(b) prepared by an authority for adoption, through a legislative procedure by Parliament or Government.

Subject to the exceptions mentioned below, where the first formal preparatory act in relation to a plan or programme to which the Regulations apply is on or after 21st July 2004, the plan or programme cannot be adopted, or submitted for adoption, unless it has been subjected to environmental assessment under the Regulations (Articles 4.1 and 13.3 of the Directive and regulations 5(1) and 7).

The requirement for environmental assessment applies, in particular, to any plan or programme prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use, which sets the framework for future development consent of projects listed in Annex I or II to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC; and to any plan or programme which, in view of the likely effect on sites, has been determined to require an assessment pursuant to Article 6 or 7 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna, as last amended by Council Directive 97/11/EC (Article 3.2 of the Directive and regulation 5(1) to (3)).

There are exceptions for plans and programmes that determine the use of a small area at local level, and for minor modifications, where it has been determined that they are unlikely to have significant environmental effects (Article 3.3 and regulation 5(6)).

The requirement for environmental assessment also applies to other plans and programmes which set the framework for future development consent of projects if they are the subject of a determination under regulation 9(1) that the plan or programme is likely to have significant environmental effects (Article 3.4 of the Directive and regulation 5(4)).

The requirement for environmental assessment under the Regulations may also apply where a plan or programme in relation to which the first formal preparatory act occurred before 21st July 2004 has not been adopted before 22nd July 2006. If an environmental assessment would have been required if the first formal preparatory act had occurred on 21st July 2004, the plan or programme must be subjected to environmental assessment unless the responsible authority directs that that is not feasible and informs the public to that effect. (Articles 4.1 and 13.3 of the Directive and regulation 6).

Regulation 7 makes provision for environmental assessment of plans and programmes co-financed by the European Community (other than those excepted by Article 3.9 of the Directive) to be carried out in conformity with the specific provisions in relevant Community legislation (Article 11.3 of the Directive).

Regulation 8 prevents the adoption, or submission for adoption, of a plan or programme for which an environmental assessment is required under these Regulations, before the completion of that assessment. An environmental assessment is not complete until account has been taken of the environmental report for that plan or programme and the opinions expressed in the course of the consultations required by regulation 12, and the outcome of any transboundary consultations under regulation 13(4) (Article 8 of the Directive). Regulation 8 also prevents the adoption, or submission for adoption, of a plan or programme before a determination has been made under regulation 9(1) whether the plan or programme is likely to have significant environmental effects.

Regulation 9 deals with the making of determinations as to whether a plan or programme is likely to have significant environmental effects. The criteria to be applied are set out in Schedule 1 to the Regulations (Article 3.5 of and Annex II to, the Directive). Determinations cannot be made unless the responsible authority has consulted the designated authority ("the consultation body").

Regulation 10 requires the publication of determinations under regulation 9 (Article 3.7 of the Directive).

Environmental assessment under the Regulations includes the preparation of an environmental report (Article 5 of the Directive and regulation 11). The matters to be included in the environmental report are specified in Schedule 2 to the Regulations (Article 5.1 of, and Annex II to, the Directive).

Regulation 12 specifies the consultation procedures that must be undertaken in relation to a draft plan or programme for which an environmental report has been prepared under these Regulations (Articles 5.4 and 6 of the Directive).

Regulation 13 deals with transboundary consultations and includes procedures for consultations in relation to those draft plans and programmes prepared in Northern Ireland that are likely to have significant effects on the environment in other Member States (Article 7 of the Directive).

Regulation 14 applies in relation to those draft plans and programmes prepared in another Member State that are likely to have significant effects on the environment in any part of Northern Ireland (Article 7 of the Directive). Where the Department concerned receives a draft plan or programme from another Member State it must indicate to that Member State whether it wishes to enter into consultations in respect of that plan or programme concerning -

(a) the likely transboundary environmental effects of implementing the plan or programme; and

(b) the measures envisaged to reduce or eliminate such effects.

Regulation 15 in Part IV deals with procedures after the adoption of a plan or programme that has been the subject of an environmental assessment under the Regulations. It requires the person who prepared the plan or programme to give notice of its adoption and to make it and other specified information available for inspection (Article 9 of the Directive).

Regulation 16 is relevant to the monitoring of the significant environmental effects of implementing plans and programmes (Article 10 of the Directive). It requires the person by whom the plan or programme was prepared to monitor with a view to identifying, at an early stage, unforeseen adverse effects, and to undertake appropriate remedial action.