Environmental Impact Assessment (Forestry) Regulations (NI) 2006
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The Department of Agriculture and Rural Development (DARD) has made the Environmental Impact Assessment (Forestry) Regulations (NI) 2006 (“the 2006 Regulations”). The Regulations include procedures previously enacted through the Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000 to ensure that the public is consulted on forestry projects, and implement Council Directive 2003/35/EC (known as the Public Participation Directive) which provides for the rights of the public to participate in the environmental decision making process.
The changes implemented by the 2006 Regulations include:-
- A provision for the Department to direct that a form of assessment other than environmental assessment requirements may be appropriate for a particular project and publicise any such information obtained.
- A requirement for the Department to publicise all information, including any information relating to the environmental statement which is submitted voluntarily by the applicant, after the initial publicity has taken place.
- Where it appears that a project may be likely to have significant effects on the environment in another member state, provision is made for the authorities and the public concerned in that state to be consulted before a decision is made.
- In line with other Environmental Impact Assessment Regulations, the inclusion of a formal appeal procedure against a determination by the Department.
In addition the Department is taking the opportunity to clarify within the Regulations that forestry projects in DARD forests which have the potential to affect the environment are also subject to impact assessment.
NOTES TO EDITORS
- The Public Participation Directive is one of the legislative instruments which transpose the provisions of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (also known as the Aarhus Convention) into European Community law. The directive is the main instrument to align Community legislation with the public participation provisions of the Convention.
- The 2006 Regulations re-enact the provisions of the Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000 which had implemented Council Directive 85/337/EEC concerning the effects of certain public and private forestry projects on the environment. Whilst the EIA Directive already includes procedures to ensure that the public is consulted on forestry projects to which it applies, the Public Participation Directive makes further amendments to this directive which need to be reflected in the EIA Forestry Regulations.
- Similar rules are being implemented in England and Wales and through separate legislation in Scotland.
- All media enquiries to DARD Press Office, Tel: 028 9052 4619.
