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Statutory Rule 2001 No. 435
Environmental
Impact Assessment (Uncultivated Land and Semi-Natural Areas) Regulations (Northern Ireland) 2001
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Copyright 2001
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STATUTORY RULES OF NORTHERN IRELAND
2001 No. 435
AGRICULTURE
Environmental Impact Assessment
(Uncultivated Land and Semi-Natural Areas) Regulations (Northern Ireland) 2001
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Made
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19th December
2001
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Coming into operation
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11th February
2002
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ARRANGEMENT OF
REGULATIONS
SCHEDULES
The Department of Agriculture and Rural Development, being a Department
designated[1]
for the purposes of section 2(2) of the European Communities Act 1972[2] in relation
to measures relating to the requirement for an assessment of the impact on
the environment of projects likely to have significant effects on the
environment, in exercise of the powers conferred upon it by the said section
2(2), hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited
as the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas)
Regulations (Northern Ireland) 2001 and shall come into
operation on 11th February 2002.
Interpretation
2. - (1) The Interpretation Act (Northern Ireland) 1954[3] shall apply to these Regulations as it
applies to an Act of the Northern Ireland Assembly.
(2) In these Regulations -
"agriculture"
includes horticulture, fruit growing, seed growing, dairy farming, livestock
breeding or keeping, the use of land as grazing land, meadowland, osier land,
reed beds, market gardens and nursery grounds;
"additional
environmental information" means any additional information required as
part of the environmental statement in accordance with regulation 10(1);
"consent"
means consent granted under regulation 12(1) of these Regulations;
"consultation
bodies" in relation to any project means any public authority, statutory
body or other organisation which, in the opinion of the Department, has any
interest in or holds any information which might be relevant to the project;
"the
Department" means the Department of Agriculture and Rural Development;
"EEA
State" means a State which is a Contracting Party to the Agreement on
the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by
the Protocol signed in Brussels on 17th March 1993;
"the
EIA Directive" means Council Directive 85/337/EEC on the assessment of the
effects of certain public and private projects on the environment[4];
"environmental
statement" in relation to any project means a statement
that -
(a) includes such of the
information referred to in Part I of Schedule 2 as is reasonably required to
assess the environmental effects of the project and which the applicant for
consent for that project can, having regard in particular to current
knowledge and methods of assessment, reasonably be required to compile, and
(b) includes at least the information referred to in Part II of Schedule 2.
"European
site" means those sites described in paragraphs (a), (b),
(c) and (d) of regulation 9(1) of the Habitats Regulations;
"the
Habitats Directive" means Council Directive 92/43/EEC on the
conservation of natural habitats and of wild fauna and flora[5];
"the
Habitats Regulations" means the Conservation (Natural Habitats, etc.)
Regulations (Northern
Ireland)
1995[6]
"interested
parties" means those persons who notify the Department in accordance
with regulation 14(5) that they wish to make representations in respect of an
appeal;
"project"
means -
(a) the execution of
construction works or other installations or schemes; or
(b) other interventions in the natural surroundings and landscape,
involving the use
of uncultivated land or semi-natural areas for intensive agricultural
purposes;
"relevant
land" means the land on which a project is to be carried out or, in relation
to a project which has already been carried out, has been carried out;
"relevant
project" means a project which the Department has decided (or is deemed
to have decided) is likely to have significant effects on the environment;
"screening
decision" means a decision taken by the Department under regulation 5(4)
or which is has been deemed to have taken under regulation 5(7);
(2)
Unless it is otherwise provided, expressions used both in these Regulations
and the EIA Directive or in the Habitats Directive shall have the same
meaning in these Regulations as they have in that Directive.
(3) All applications, notifications, representations,
requests, approvals and agreements to which these Regulations apply shall be
made in writing.
(4) "Writing" for the purpose of paragraph
(4) shall include an electronic communication within the meaning of the
Electronic Communications Act (Northern Ireland) 2001[7] provided that
notifications required to be made by the Department to any person shall only
be made by an electronic communication if the intended recipient has himself
used the same form of electronic communication in communicating with the
Department pursuant to any provision of these Regulations or has otherwise represented
that the same form of electronic communication is a means by which persons
can communicate with him.
Application of the Regulations
3. - (1) These
Regulations apply to any project which is not exempt under paragraph (2) or
(3).
(2) A project is exempt if it:
(a)
is a project described in regulation 3(2) of the Environmental Impact
Assessment (Forestry) Regulations (Northern Ireland) 2000[8];
(b) constitutes development to which the Planning (Environmental Impact
Assessment) Regulations (Northern Ireland) 1999[9]apply; or
(c) constitutes the carrying out of drainage works by the Department within
the meaning of the Drainage (Environmental Impact Assessment) Regulations
(Northern Ireland) 2001[10].
(3)
A project is exempt under this paragraph to the extent that the Department
directs that it shall be exempt from these Regulations.
(4) In the case of a project which the Department
decides is likely to have a significant effect on a European site (either
alone or in combination with other projects), the power to direct that the
project is exempt from these Regulations under paragraph (3) above shall be
exercisable only to the extent that compliance with the Habitats Directive is
secured in relation to the project.
Requirement for screening decision
4. A person shall not begin or
carry out a project without first obtaining a screening decision.
Screening procedure
5. - (1) An
application for a screening decision shall be accompanied by -
(a)
a plan sufficient to identify the relevant land;
(b) a brief description of the nature, extent and purpose of the project and
of its possible effects on the environment; and
(c) such other information or representations as the applicant may wish to
provide or make.
(2) The Department shall notify
the applicant of the date on which the application was received by it.
(3) If the Department considers that it does not have
sufficient information to make the screening decision it may request that the
applicant supply any additional information that it requires.
(4) The Department shall decide in accordance with
the selection criteria set out in Schedule 1 and paragraph (5) whether a project
is likely to have a significant effect on the environment within thirty-five
days of the date notified to the applicant in accordance with paragraph (2)
or such longer period as may be agreed with the applicant and before reaching
such a decision may consult with such of the consultation bodies as it thinks
fit.
(5) A project which the Department decides is likely
to have a significant effect on a European site (either alone or in
combination with other projects), and which is not directly connected with or
necessary to the management of the site, shall be treated for the purposes of
these Regulations as likely to have a significant effect on the environment.
(6) The Department shall -
(a)
notify the screening decision together with a statement giving the full
reasons for the decision to the applicant;
(b) enter the screening decision in a register to which the public shall have
access at all reasonable times; and
(c) notify the screening decision to such of the consultation bodies as would,
in its opinion, wish to be informed of it.
(7) If an applicant who has not
been notified of a screening decision within the period specified in
paragraph (4) notifies the Department that he intends to treat such failure
to notify him as a decision that the project is a relevant project, the
Department shall be deemed to have decided that the project is a relevant
project on the date that it is so notified by the applicant.
(8) If at any time after the Department has decided
that a project is a relevant project under this regulation, it shall receive
further information or representations which cause it to decide that the
project is not a relevant project, it shall notify that decision and provide
a statement giving the full reasons for the decision to the applicant and to
the consultation bodies notified in accordance with paragraph 6(c) and
shall enter the decision in the register referred to in paragraph (6)(b).
(9) If a project to which a screening decision
relates has not been commenced before the expiry of three years from the date
on which that decision was notified to the applicant or of the date it was
deemed to have been decided in accordance with paragraph (7), or of such
longer period as may have been agreed by the Department, that screening
decision shall cease to have effect.
Requirement for consent
6. A person shall not begin or carry out a relevant project
without first obtaining consent from the Department.
Scoping opinion
7. - (1) After obtaining a screening decision
and before applying for consent the applicant may request the Department to
give its opinion as to the information to be provided in the environmental
statement ("a scoping opinion").
(2) If a scoping opinion is requested the Department
shall consult the applicant and such of the consultation bodies as it thinks
fit before giving its opinion.
(3) If the Department considers it has not been
supplied with sufficient information to give a scoping opinion it shall
notify the applicant of the matters upon which it requires additional
information within twenty-eight days from the date of receipt of the request
for the opinion.
(4) The Department shall provide the applicant with a
scoping opinion within five weeks from the date of receipt of the request for
the opinion or from the date of receipt by it of any additional information
requested in accordance with paragraph (3).
Provision of information
8. - (1) Any consultation body which receives a
request for information from a person who is intending to apply for consent
for a project shall determine whether they have in their possession any
information which they consider relevant to the preparation of an
environmental statement for that project and, if they have, they shall,
subject to paragraphs (3) and (4), make that information available to the
applicant within twenty-eight days from the date of receipt of the request.
(2) A reasonable charge may be made by any body
providing information under paragraph (1) that reflects the cost of making
the relevant information available.
(3) Paragraph (1) shall not require disclosure of
information which is either capable of being treated as confidential or
required to be so treated under regulation 5 of the Environmental Information
Regulations (Northern Ireland) 1993[11].
The consent application
9. - (1) An application
for consent for a project (which shall include the environmental statement)
shall be made to the Department.
(2) The applicant shall provide to the Department
such number of copies of the application as it may reasonably require.
(3) After the Department has received an application
for consent for a project in accordance with paragraph (1) and (2) it
shall -
(a)
send a copy of the application to such of the consultation bodies as it
thinks fit and inform them that they may make representations within six
weeks from the date of receipt of that copy; and
(b) for the purpose of ensuring that members of the public concerned are given
an opportunity to make representations before the application is determined,
publish in a newspaper circulating in the locality of the project a
notice: -
(i)
announcing that the application has been made;
(ii) specifying an address at which copies of the application may be
inspected free of charge and where anyone who wishes to obtain copies of the
application may do so (for which a reasonable charge may be made) at all
reasonable hours within six weeks beginning from the date of publication of the
notice; and
(iii) stating that any person wishing to make any representations in relation
to the likely environmental effects of the project shall make them in writing
to the Department at the address specified at paragraph (b) within six
weeks from the publication of the notice.
Additional information
10. - (1) If, after having complied with
regulation 9(3), the Department reaches the opinion that any purported
environmental statement should contain additional information in order to be
a valid environmental statement, it shall notify the applicant of the
information (and the number of copies) required and the applicant shall
provide the Department with the additional information.
(2) The Department shall send a copy of the
additional information sent to it under paragraph (1) to such of the
consultation bodies as it shall think fit and to any Member State which has
indicated that it wishes to make representations in accordance with
regulation 11(1) and inform them that they may make representations within
twenty-eight days beginning from the date the information was sent.
(3) The Department shall publish in a newspaper
circulating in the locality of any project to which any additional
information sent to it under paragraph (1) relates a notice: -
(a)
referring to the application for consent for that project and the date on
which that application was made;
(b) announcing that the additional environmental information is available;
(c) specifying an address at which copies of the additional environmental
information may be inspected free of charge and where anyone who wishes to
obtain copies of the additional environmental information may do so (for a
reasonable charge) at all reasonable hours within twenty-eight days beginning
with the publication of the notice; and
(d) stating that any person wishing to make any representations in relation
to the additional environmental information shall make them to the Department
in writing at the address specified at sub-paragraph (c) within twenty-eight
days from the publication of the notice.
Other EEA States
11. - (1) As soon as possible following receipt
of the application for consent the Department shall consider whether the
relevant project is also likely to have significant effects on the
environment of another EEA State and, if it is of the opinion that such
effects are likely, or where an EEA State likely to be significantly affected
so requests, the Department shall send to that EEA State:
(a)
details of the nature and location of the relevant project and any
information it has on the impact it is likely to have on that EEA State; and
(b) an indication as to whether consent is likely to be given and the nature
of any such consent,
and shall request that the EEA State indicate within a
reasonable time whether it wishes to make any representations.
(2) If an EEA State indicates that it does
wish to make representations in relation to a project, the Department shall
send it a copy of the application for consent for the project (including the
environmental statement) together with any additional environmental
information and shall provide it with relevant information regarding the
procedures under these Regulations.
(3) The Department shall also -
(a)
arrange for the particulars and information referred to in paragraphs (1) and
(2) to be made available, within a reasonable time to the authorities
referred to in Article 6(1) of the EIA Directive and the public concerned in
the territory of the EEA State likely to be significantly affected;
(b) ensure that those authorities and the public concerned are given an
opportunity before consent to the project is granted to forward to the
Department, within a reasonable time, their opinion on the information
supplied.
(4) The Department shall, in accordance with Article 7(4) of the EIA
Directive -
(a) enter into consultation with the EEA State concerned, regarding, among
other things, the potential significant effects of the project on the
environment of that State and the measures envisaged to reduce or eliminate
such effects;
(b) seek to agree with the other EEA State a reasonable period of time for
the duration of the consultation period (to include consideration of any
opinions received pursuant to paragraph (3)(b)).
(5) Where the Department receives
from another EEA State information which has been
made available in accordance with Article 7(1) and (2) of the EIA Directive
(which relates to projects in one EEA State which are likely to have
significant effects on the environment in another EEA State), the Department
shall -
(a)
arrange for that information to be made available within a reasonable time,
to such of the consultation bodies and such members of the public as, in its
opinion, would be likely to be concerned by the project;
(b) ensure that the consultation bodies and members of the public provided
with the information in accordance with paragraph (a) are given an
opportunity during the period agreed between the Department and the relevant
EEA State in accordance with paragraph (6)(b) to forward to the
competent authority in the relevant EEA State within reasonable time, their
opinion of the information provided.
(6) The Department shall also, in
accordance with Article 7(4) of the EIA Directive -
(a)
enter into consultations with an EEA State from which information has been
received as mentioned in paragraph (5) regarding, amongst other things, the
potential significant effects of the proposed project on the environment in
Northern Ireland and the measures envisaged to reduce or eliminate such
effects; and
(b) seek to agree with that EEA State a reasonable period, before consent for
the project is granted, during which the consultation bodies and members of
the public referred to in paragraph (5)(b) may forward their opinion
to the competent authority of that EEA State in accordance with that
paragraph.
The consent decision
12. - (1) The Department shall consider, in the
light of the environmental statement, any additional environmental
information and any representations received in accordance with regulations
9(3), 10(2) or (3) or 11(2), whether or not to grant consent for a project.
(2) The Department shall not reach a decision under
paragraph (1) until the latest of -
(a)
the expiry of the period specified in the notice published under regulation
9(3)(b);
(b) the expiry of twenty-eight days from the date on which the additional
environmental information was sent to any consultation bodies or EEA States
or from the date that notice of it was published in accordance with
regulation 10(3), whichever is the later; and
(c) the expiry of any period agreed between the Department and the relevant
EEA State pursuant to regulation 11(4)(b).
(3) The Department shall not
grant consent for a project that would involve doing anything which would be unlawful
under regulations 34, 36 or 38 of the Habitats Regulations (which shall not
include anything for which a licence has been granted under regulation 39 of
those Regulations).
(4) Paragraphs (5) to (9) shall apply to a decision
by the Department whether or not to grant consent for a project which is
likely to have a significant effect upon a European site (either alone or in
combination with other projects) and in those paragraphs "project"
shall be construed accordingly.
(5) Subject to paragraphs (7) and (8), the Department
shall only grant consent for a project if, in light of the information
referred to in paragraph (1) and (2), it has considered the implications of
the project for the European site and is satisfied that the project will not
adversely affect the integrity of that site.
(6) The consideration to be undertaken under
paragraph (5) shall involve an appropriate assessment of the implications of
the project for the European site in view of that site's conservation
objectives.
(7) If the Department is satisfied that, there being
no alternative solutions, a project must be carried out for imperative
reasons of overriding public interest (which subject to paragraph (8) may be
of a social or economic nature), the Department may grant consent for the
project notwithstanding a negative assessment of the implications for a
European site.
(8) Where the European site concerned hosts a
priority natural habitat type or a priority species, the reasons referred to
in paragraph (7) must be either -
(a)
reasons relating to human health, public safety or beneficial consequences of
primary importance to the environment, or
(b) other reasons which in the opinion of the European Commission are in the
case of the site concerned imperative reasons of overriding public interest.
(9) Where in accordance with
paragraph (7) consent is granted for a project notwithstanding a negative
assessment of the implications for a European site, the Department shall
ensure that any necessary compensatory measures are taken to ensure that the
overall coherence of Natura 2000 (as defined in the Habitats Regulations) is
protected.
(10) Any consent granted in accordance with paragraph
(1) shall be subject to the conditions required by paragraph (11) and to such
additional conditions as the Department may think fit.
(11) Every consent shall be granted subject to
conditions to the effect that -
(a)
the consent shall lapse if the project has not commenced (by the carrying out
of a material act) within one year of the date on which it was granted;
(b) if the project has not been completed (which, in this regulation shall
mean that works permitted by the consent have been completed and all changes
in the use or level of use of the relevant land permitted by the consent have
been implemented) within three years of the date on which the consent was
granted, the consent shall expire and the Department may require operations
or uses implemented pursuant to the consent to cease until it has granted further
consent in accordance with sub-paragraph (d);
(c) the consent authorises the project only as described in the consent
application, subject to any amendments approved by the Department pursuant to
a request by the applicant, and any material change in the operations or uses
so authorised shall require further consent in accordance with sub-paragraph
(d);
(d) applications for further consent under conditions in sub-paragraphs (b)
or (c) shall be subject to such of the requirements of these
Regulations as the Department shall think fit.
(12) When the Department has
decided whether to grant consent it shall -
(a)
notify the applicant, those consultation bodies to whom copies of the consent
application were sent in accordance with regulation 9(3)(a) and any
EEA State to whom a copy of the consent application was sent in accordance
with regulation 11(2) of the decision together with the full reasons and
considerations on which the decision is based;
(b) inform the public of the decision by publishing a notice in a newspaper
circulating in the locality in which the relevant land is situated or by such
other means as it may consider reasonable in the circumstances; and
(c) make available for public inspection a statement containing:
(i)
the content of the decision;
(ii) the full reasons and considerations on which the decision is based; and
(iii) a description, where relevant, of the principal measures required to be
taken to avoid, reduce or offset the major adverse effects of the project.
(13) Where the Department has
decided to grant consent for a project which involves the carrying out of
operations likely to damage any of the flora, fauna or geological or
physiographical features by reason of which an area of special scientific
interest (as defined by the Wildlife (Northern Ireland) Order 1985[12]) is of special interest it shall impose a
condition on the consent to prevent the project from being commenced before
the end of the period of twenty-one days beginning with the date of that
notice.
Review of decisions and consents
13. Schedule 3 shall apply
to -
(a)
any decision that a project is not a relevant project made in accordance with
regulation 5(4); and
(b) any consent granted in accordance with regulation 12(1)
where, after the date of the decision or grant of
consent, a site becomes a European site and in the opinion of the Department
the completion (within the meaning of regulation 12(11)(b)) of the
project would be likely to have a significant effect on that site and would
not be directly connected with or necessary for the management of the site.
Appeals (general provisions)
14. - (1) The following persons that is to
say -
(a)
a person who has applied for a screening decision in respect of a project
which the Department has decided is a relevant project, or is deemed to have
so decided under regulation 5(8);
(b) a person who has applied for consent for a relevant project in respect of
which consent has been refused or has been granted subject to conditions
(other than those specified in regulation 12(11)); and
(c) a person upon whom a notice of a decision has been served in accordance
with paragraph 3 of Schedule 3,
may by notice to the Department appeal against the
consent, decision or conditions as the case may be (in this regulation
referred to as "the relevant decision") in accordance with this
regulation.
(2) A person to whom paragraph (1) applies must serve
notice of an appeal on the Department within three months from the date upon
which that person was notified of the relevant decision.
(3) Notice of an appeal shall include -
(a)
a description of the relevant decision;
(b) a statement of the grounds of appeal; and
(c) a statement indicating whether the appellant wishes the appeal to be in
the form of a hearing or to be disposed of on the basis of written
representations.
(4) As soon as is reasonably
practicable after receipt of notice of an appeal the Department shall serve
copies of the notice on such of the consultation bodies as it thinks fit, on
any person who made representations in respect of the relevant decision, on
any EEA State consulted pursuant to regulation 11(4) or any authority or
person who forwarded their opinion under regulation 11(3)(b) and on
any other person who appears to it to have a particular interest in the
subject matter of the appeal.
(5) A person upon whom a copy of a notice of an
appeal has been served in accordance with paragraph (4) may not make
representations in respect of the appeal unless he notifies the Department that
he wishes to do so within twenty-eight days of the date on which a copy of
the notice was served upon him.
(6) The Department shall appoint any person
("the appointed person") to exercise, with or without payment, the
functions in relation to an appeal set out in these Regulations and Schedule
4 shall have effect with respect to such appointment.
(7) Before determining an appeal, if the appellant
has indicated that he wishes to be heard, the appointed person shall arrange
a hearing or, if the appellant has not indicated that he wishes to be heard,
the appointed person shall decide whether the appeal shall proceed by way of
written representations or a hearing and in either case shall notify its
decision to the appellant, to the Department and to any persons who notified
the Department in accordance with paragraph (5) that they wished to make
representations accordingly.
(8) For the purpose of determining any matter
involved in an appeal the appointed person may, subject to paragraph (9), by summons
require any person to attend at a time and place stated in the summons, to
give evidence or to produce any documents in his custody or under his control
which relate to any matter in question at the appeal hearing, and may take
evidence on oath and for that purpose administer oaths or may instead of
administering an oath require the person examined to make a solemn
affirmation.
(9) A person shall not be required to attend to give
evidence or to produce any documents in obedience to a summons issued in
accordance with paragraph (8) unless the necessary expenses of his attendance
are paid or tendered to him.
(10) Any person who refuses or deliberately fails to
attend in obedience to a summons issued in accordance with paragraph (8) or
refuses to give evidence or to produce any book or other document which he is
required or is liable to be required to produce for the purposes of these
Regulations shall be guilty of an offence.
(11) Where the appointed person holds or causes to be
held a hearing to determine any matter under this regulation it may direct
that the costs incurred by him in relation to the hearing (including such
reasonable sum as he may determine for the services of any officer engaged in
conducting the hearing) may be paid by such party to the hearing as the
appointed person may direct and may cause the amount of costs so incurred and
directed to be paid by any person shall be recoverable from that person
summarily as a civil debt.
(12) The appointed person may, when holding or
causing to be held a hearing to determine any matter under this regulation,
make orders with respect to the costs of the parties at the hearing and with
respect to the parties by whom the costs are to be paid and every such order
may be made a rule of the High Court on the application of any party named in
such an order.
(13) The appointed person may make orders with
respect to the costs of the parties providing evidence for the hearing and
with respect to the costs of the parties by whom the costs are to be paid in
relation to an appeal to which this regulation applies which does not give
rise to a hearing in the same way as if a hearing had in fact taken place.
(14) Except as otherwise provided by this regulation
or by regulation 15 or 16 the appointed person shall determine the procedure
(which may include provision for site visits) for deciding any matter arising
in the appeal.
(15) Any representations, statements or other
documents to be submitted to the appointed person in accordance with
regulation 15 or 16 shall be accompanied by such number of copies as he may
specify.
Determination of appeals by written representations
15. - (1) This regulation shall apply to an
appeal which is to proceed by written representations.
(2) Within six weeks of receiving notice that the
appeal is to be determined by written representations, the appellant shall
either serve on the appointed person any further representations that he
wishes to be considered by him or shall notify the appointed person that he
wishes to rely on the information already supplied by him, and the appointed
person shall either send to the Department and other interested parties
copies of any further representations made by the appellant or shall notify
them that the appellant does not intend to make further representations as
the case may be.
(3) The Department and any interested parties who
wishes to make representations in respect of the appeal shall, within
twenty-eight days of receipt of further representations made by the appellant
or of notification that the appellant does not wish to make further
representations, as the case may be, serve such representations on the
appointed person and the appointed person shall send copies of the
representations served upon it to the appellant and to the other interested
parties.
(4) The appointed person shall allow the appellant,
the Department and the other interested parties a period of not less than
fourteen days in which to respond to the representations made in accordance
with paragraph (3).
(5) No earlier than the expiry of the period
specified in paragraph (4), the appointed person shall determine the appeal
and shall notify the decision and the reasons for it to the appellant, the
Department and to the interested parties.
Determination of appeals by hearing
16. - (1) This regulation shall apply to an
appeal which is to proceed by way of a hearing.
(2) Within six weeks of receiving notice that the
appeal is to proceed by way of a hearing the appellant shall serve on the
appointed person a statement which contains full particulars of his case and
copies of any documents to which he wishes to refer at the hearing and the
appointed person shall send copies of the statement and documents to the Department
and other interested parties.
(3) The appointed person shall give the appellant,
the Department and other interested parties at least six weeks' notice of the
date, time and place fixed for the hearing and shall give, not less than
twenty-one days before the date fixed for the hearing, such notice to the
public as he may think fit.
(4) The appointed person may vary the time or place
for the holding of the hearing and shall give such notice of such variation
as he may think fit.
(5) Any of the interested parties (other than the
appellant and the Department) who wish to be heard at the hearing shall,
within twenty-eight days of receipt of the appellant's statement pursuant to
paragraph (2), notify the appointed person that they wish to appear and the
appointed person may require any such parties to serve upon him a statement
containing the particulars of their case together with copies of any
documents to which they wish to refer at the hearing within five weeks of
being so required and the appointed person shall send copies of such
statements to the appellant, the Department and to the other interested
parties.
(6) The appointed person may by notice require the
appellant, the Department or any other person who has provided a statement in
accordance with paragraph (5) to provide such further information about the
matters contained in the statement as he may specify and shall send a copy of
such information to the interested parties or to the appellant, the
Department and the other interested parties as the case may be.
(7) Before a hearing takes place the appointed person
shall make all of the documents submitted by the appellant, the Department or
any interested parties in respect of the hearing available for inspection by
any person who so requests.
(8) The persons entitled to be heard at a hearing
are -
(a)
the appellant;
(b) the Department;
(c) any interested parties; and
(d) any other person whom the appointed person shall permit to be heard.
(9) A person entitled to appear
at a hearing who proposes to give evidence at the hearing by reading a proof
of evidence shall send a copy of the proof of evidence to the appointed
person together with a written summary not less than three weeks before the
date fixed for the hearing and the appointed person shall send copies of the
proof and summary to the appellant, the Department and the other interested
parties as the case may be.
Determination of appeals
17. - (1) After the conclusion of the hearing or
after receiving all written representations the appointed person
shall -
(a)
if he was so appointed determine the appeal; or
(b) make a report to the Department that shall include his conclusions and
his recommendations or his reasons for not making any recommendations.
(2) If having received a report
under paragraph (1)(b) the Department differs from the appointed
person on any matter of fact mentioned in, or appearing to it to be material
to, a conclusion reached by that person, or takes into consideration any new
evidence or new matter of fact and is for that reason disposed to disagree
with a recommendation made in the report, it shall not come to a decision
under paragraph (3) without first affording to any other persons who made
representations to the appointed person the opportunity of making further
representations to it within such reasonable time as it shall specify.
(3) The appointed person who determines an appeal or
the Department, on receipt of the report of an appointed person under
paragraph (1)(b) may affirm the decision to which the appeal refers, reverse
it or any part of it and may deal with the appeal in the same way as if it
were an application for a decision of first instance.
(4) The Department shall notify its decision under this
regulation and the reasons for it, and shall send a copy of any report made
in accordance with paragraph (1), to the appellant, to the interested parties
and to any other persons who appeared at the hearing (if any) and asked to be
notified of the decision.
(5) The appointed person who determines an appeal
shall notify his decision under this regulation and the reasons for it to the
appellant, to the Department, to other interested parties and to any other
persons who appeared at the hearing (if any) and asked to be notified of the
decision.
Application to the court by person aggrieved
18. - (1) On the application of any person
aggrieved by a decision of the Department that a project is not a relevant
project or by a decision to grant consent for a relevant project, the High
Court may make an order quashing the decision where it is satisfied that the
decision is not within the powers of regulation 5(4) or 12 (3), as the case
may be, or that the interests of the person who has applied to the court have
been substantially prejudiced by a failure to comply with any other
requirement of these Regulations.
(2) An application to the High Court under this
regulation shall be made within six weeks from the date of publication of the
decision in accordance with regulation 5(6)(b) or 12(12)(b).
(3) The High Court may by interim order, pending the
determination of an application under this regulation, stay the operation of
the decision on such terms as it may think fit.
Offence of carrying out a project without a decision under these
Regulations
19. Any person who begins or carries out a project without
first obtaining either a decision that the project is not a relevant project
or a decision granting consent for the project in accordance with these
Regulations shall be guilty of an offence and liable on summary conviction to
a fine not exceeding level 5 on the standard scale.
Offence of carrying out work in contravention of a condition
20. Any person who carries out any activity in contravention
of any condition of a consent granted in accordance with these Regulations
shall be guilty of an offence and liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
Offence of procuring a decision by supplying false information etc.
21. - (1) Any person who, for the purpose of
procuring a particular decision on an application made under these
Regulations -
(a)
knowingly or recklessly makes a statement which is false or misleading in a
material particular;
(b) with intent to deceive, uses any document which is false or misleading in
a material particular; or
(c) with intent to deceive, withholds any material information,
shall be guilty of an offence.
(2) A person guilty of an offence under paragraph (1)
or under regulation 14(10) shall be liable -
(a)
on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
Stop notices
22. - (1) Where it appears to the Department that
an offence has been committed under regulation 19, 20 or 21 and it considers
that the potential harm to the environment of any activity to which the
offence relates is such that the work should cease with immediate effect, it
may serve a notice (in this regulation referred to as a "stop
notice") prohibiting all or any part of such work.
(2) The Department may serve a stop notice on any
person who appears to it to have an interest in the relevant land or to be
engaged in any activity prohibited by the notice.
(3) The Department may at any time withdraw a stop
notice (without prejudice to its power to serve another) by serving notice to
that effect on those persons served with the stop notice.
(4) A stop notice shall take effect no earlier than
the time and date specified in the notice which, except in an emergency,
shall not be less than twenty-four hours after it has been served.
(5) A stop notice shall cease to have effect
if -
(a)
a notice of withdrawal is served in accordance with paragraph (3);
(b) the Department (or a person appointed by it to determine an appeal)
grants consent for the prohibited work; or
(c) if the Department (or a person appointed by it to determine an appeal)
decides that the prohibited work is not a relevant project.
Penalties for contravention of a stop notice
23. - (1) Any person who contravenes a stop
notice that has been served on him in accordance with regulation 22 shall be
guilty of an offence.
(2) An offence under this regulation may be charged
by reference to any day or longer period of time and a person may be
convicted of a second or subsequent offence under this regulation by
reference to any period of time following the preceding conviction for such
an offence.
(3) References in this regulation to contravening a
stop notice shall include causing or permitting its contravention.
(4) A person guilty of an offence under this
regulation shall be liable -
(a)
on summary conviction, to a fine not exceeding the statutory maximum; and
(b) on conviction on indictment to a fine.
(5) In proceedings for an offence
under this regulation it shall be a defence for the accused to prove
that -
(a)
the stop notice was not served on him; and
(b) he did not know, and could not reasonably have been expected to know, of
its existence.
Reinstatement
24. - (1) Where it appears to the Department that
an offence has been committed under regulation 19, 20 or 21 it may serve a
notice ("a reinstatement notice") upon the person who appears to it
to be responsible for committing the offence requiring that person to
reinstate, to the Department's satisfaction, the relevant land to the
condition it was in before the work to which the offence relates was
commenced and specifying the period within which the reinstatement is
required to be carried out.
(2) Where the Department cannot determine with
reasonable accuracy the condition of the relevant land before any work
carried out in relation to it was commenced or where it is not possible to
return the relevant land to the same condition it was in before the work
commenced, the reinstatement notice shall impose such requirements for the
purposes of reinstatement as shall, in the opinion of the Department (after
consultation with such of the consultation bodies as it thinks fit), be
reasonable in the circumstances.
(3) A person (in this regulation referred to as an
appellant) served with a notice under paragraph (1) may, within twenty-one
days from the date on which the notice is served on him, appeal to the
Magistrates Court by way of complaint for an order on any of the following
grounds: -
(a)
that the notice or any requirement in the notice is not within the power
conferred by this regulation;
(b) that there has been some material informality, defect or error in, or in
connection with, the notice; or
(c) that any of the requirements of the notice are unreasonable.
(4) An appellant shall, at the
same time as he makes a complaint under paragraph (3), deposit with the Magistrates Court a notice stating his name
and address and the grounds on which the appeal is made and shall serve a
copy of the notice on the Department.
(5) On receipt of a notice under paragraph (4), the Magistrates Court may give, vary or revoke
directions for the conduct of proceedings, including -
(a)
the timetable for the proceedings;
(b) the submission of evidence; and
(c) the order of speeches.
(6) For the purposes of the time
limit for the bringing of an appeal under this regulation, the making of the
complaint shall be treated as the bringing of the appeal.
(7) The Magistrates Courts (Northern Ireland) Order 1981[13] shall apply to any appeal under this
regulation.
(8) Where an appeal is made in accordance with this
regulation, the reinstatement notice to which it relates shall be of no
effect pending the final determination or abandonment of the appeal.
(9) Any party to the proceedings of a Magistrates Court in which a decision is made in accordance with this
regulation may appeal against that decision to the High Court.
(10) If any person, without reasonable excuse, fails
to comply with any requirement of a reinstatement notice served under paragraph
(1) he shall be guilty of an offence and liable on summary
conviction -
(a) to a fine not exceeding
level 5 on the standard scale; and
(b) if the failure is continued after conviction, to a further fine not
exceeding one twentieth of the maximum available for the substantive offence
for every day on which the failure is so continued.
Powers of entry
and default powers
25. - (1) Any person
duly authorised in writing by the Department may, at any reasonable time,
enter and inspect any land for the purpose of -
(a)
ascertaining whether an offence under regulation 19, 20, 21, 23 or 24 has
been committed on or in connection with that land;
(b) serving a stop notice under regulation 22 or a reinstatement notice under
regulation 24 in respect of that land; or
(c) exercising any functions under Schedule 3,
if there are reasonable grounds for entering for the
purpose in question.
(2) Any person duly authorised in writing by the
Department who has reasonable grounds for suspecting that a person has
committed an offence under regulation 21, may enter any premises, other than
premises used only as a dwelling, which are, or which such person has
reasonable cause to believe to be, occupied by, or in the possession of, the
person believed to be responsible for committing the offence, and may inspect
and take copies of any records which he has reasonable cause to believe are
relevant to the suspected offence.
(3) If any measures required by a reinstatement
notice or by notice served in accordance with paragraph 5 of Schedule 3 have
not been taken within the period specified in the notice any person duly
authorised in writing by the Department may, at any reasonable
time, -
(a)
enter the land to which the notice relates and take those measures; and
(b) recover from the person in default the expenses reasonably incurred by
him in doing so.
(4)
A person authorised under paragraph (1), (2) or (3) to enter any land or
premises shall, if so requested, produce evidence of his authority before so
entering.
(5) A person authorised under paragraph (1), (2) or
(3) to enter any land or premises may take with him such other persons and
such equipment as he considers necessary.
(6) Any person in occupation or possession of land or
premises entered by a person authorised under paragraph (1), (2) or (3) shall
give to that person such assistance as the authorised person may reasonably
request so as to enable him to exercise any power conferred upon him by this
regulation.
(7) A person who intentionally obstructs or impedes
any person acting in the exercise of the powers conferred by this regulation
or who fails without reasonable excuse to comply with a request made under
paragraph (6) shall be guilty of an offence and be liable on summary conviction
to a fine not exceeding level 5 on the standard scale.
Sealed with the Official Seal of the Department of Agriculture and Rural
Development on
19th December 2001.
L.S.
Liam McKibben
A senior officer of the Department of Agriculture and Rural Development
SCHEDULE 1
Regulation 5(4)
Selection criteria for
the screening decision
Characteristics of projects
1. The characteristics of projects, having
regard in particular to -
(a)
the size of the project;
(b) the cumulative effect of the project considered in conjunction with other
projects;
(c) the use of natural resources;
(d) the production of waste;
(e) pollution and nuisances; and
(f) the risk of accidents, having regard in particular to substances or
technologies used.
Location of project
2. The environmental sensitivity of
geographical areas likely to be affected by projects, having regard in
particular to -
(a)
the existing land use;
(b) the relative abundance, quality and regenerative capacity of natural
resources in the area; and
(c) the absorption capacity of the natural environment, paying particular
attention to the following areas -
(i)
wetlands;
(ii) coastal zones;
(iii) mountain and forest areas;
(iv) nature reserves and parks;
(v) areas classified or protected under other legislation; special protection
areas designated by EEA States pursuant to Council Directive 79/409/EEC[14] and 92/43/EEC[15];
(vi) areas in which environmental quality standards laid down in Community
legislation have already been exceeded;
(vii) densely populated areas; and
(viii) landscapes of historical, cultural or archaeological significance.
The potential
impact
3. The potential significant effects of
projects, in relation to criteria set out under 1 and 2 above, having regard
in particular to -
(a) the extent of the impact
(geographical area and size of the affected population);
(b) the impact on other EEA States;
(c) the magnitude and complexity of the impact;
(d) the probability of the impact; and
(e) the duration, frequency and reversibility of the impact.
SCHEDULE 2
Regulation 2(1)
Information for
inclusion in the environmental statements
Part I
1. Description of the project, including in
particular -
(a) a description of the physical characteristics of the whole project
and the land use requirements during the construction, implementation and
operational phases;
(b) a description of the main characteristics of the production processes,
for instance, the nature and quantity of the materials used;
(c) an estimate, by type and quantity, of expected residues and emissions
(water, air and soil pollution, noise, vibration, light, heat, radiation,
etc) resulting from the operation of the proposed project.
2. An outline of the main
alternatives studied by the applicant for consent and an indication of the
main reasons for his choice, taking into account the environmental effects.
3. A description of the aspects of the
environment likely to be significantly affected by the proposed project,
including, in particular, population, fauna, flora, soil, water, air,
climatic factors, material assets, including the architectural and
archaeological heritage, landscape and the inter-relationship between the
above factors.
4. A description of the likely significant
effects of the project on the environment, which should cover the direct
effects and any indirect, secondary, cumulative, short, medium and long-term,
permanent and temporary, positive and negative effects of the project,
resulting from:
(a) the existence of the project;
(b) the use of natural resources; and
(c) the emission of pollutants, the creation of nuisances and the elimination
of waste,
and the description by the applicant for consent of the
forecasting methods used to assess the effects on the environment.
5. A description of the measures envisaged to
prevent, reduce and, where possible, offset any significant adverse effects
on the environment.
6. A non-technical summary of the information
provided under paragraphs 1 to 5 of this Part.
7. An indication of any difficulties
(technical deficiencies or lack of know-how) encountered by the applicant for
consent in compiling the required information.
Part II
1. A description of the project comprising
information on the site, design and size of the project.
2. A description of the measures envisaged in
order to avoid, reduce and, if possible, remedy significant adverse effects.
3. The data required to identify and assess
the main effects that the project is likely to have on the environment.
4. An outline of the main alternatives
studied by the applicant for consent and an indication of the main reasons
for his choice, taking into account the environmental effects.
5. A non-technical summary of the information
provided under paragraphs 1 to 4 of this Part.
SCHEDULE 3
Regulation 13
Review of decisions
and consents
1. The Department shall as soon as reasonably
practicable make an appropriate assessment of the implications for the
European site of the project permitted by the decision or consent in view of
that site's conservation objectives for the purpose of determining whether
the project will adversely affect the integrity of the site.
2. For the purposes of the assessment the
Department: -
(a)
may require any person interested in the relevant land to supply such information
as it may reasonably think necessary;
(b) shall consult the consultation bodies and have regard to any
representations made by them within such reasonable time as it may specify;
and
(c) may, if it considers this to be appropriate, consult members of the
public.
3. Unless, following the
assessment, the Department is satisfied that the project permitted by the
decision or consent will not adversely affect the integrity of the European
site, and regulation 12(7) does not apply, it shall, in the case of a
decision, revoke that decision and, in the case of a consent, either revoke
that consent or make such modifications to the consent as shall appear to it
to be necessary to ensure that the project will not adversely affect the
integrity of the European site and it shall notify the decision to all
persons who appear to it to have an interest in the relevant land.
4. Subject to paragraph 5, a revocation or
modification of a decision or a consent in pursuance of which works have been
commenced or completed shall not affect so much of those works as have
already been carried out.
5. If, where a project which is subject to a
decision made under paragraph 3 has commenced, it appears to the Department
to be necessary to safeguard the integrity of the European site, it may by
notice require the person responsible for carrying out such works or any
person interested in the relevant land to carry out such works of
reinstatement as may be reasonable in the circumstances and any person who
carries out works in compliance with such a requirement shall be entitled, on
making a claim in accordance with paragraph 8, to recover from the Department
compensation in respect of any expenses reasonably incurred by him in that
behalf.
6. Regulation 14 shall apply to a decision made
in accordance with paragraphs 3 or 5.
7. If, following a decision under paragraph
3, a person has incurred expenditure in carrying out work which is rendered
abortive by the revocation or modification or has otherwise sustained loss or
damage which is directly attributable to the revocation or modification, he
shall be entitled to be paid compensation on submitting a claim in accordance
with paragraph 8.
8. A claim for compensation payable under
paragraph 5 or 7 shall be submitted to the Department within six weeks of
notification of the decision in respect of which compensation is payable and
shall be accompanied by such evidence as the Department may reasonably
require.
9. Any dispute as to the amount of
compensation payable under paragraphs 5 or 7 may be referred to the Lands
Tribunal within six years of the date of notification of the decision in
respect of which compensation is payable.
10. Nothing in this regulation shall affect
anything done in pursuance of a decision or consent before the date the site
became a European site.
SCHEDULE 4
Regulation 14(6)
Delegation of
appellate functions
1. In this Schedule "appointed
person" means a person appointed under regulation 14(6) and
"appointment" means an appointment under that regulation.
2. An appointment must be in writing
and -
(a)
may relate to any particular appeal or matter specified in the appointment or
to appeals or matters of a description so specified;
(b) may provide for the appointed person to determine the appeal or report on
it to the Department;
(c) may provide for any function to which it relates to be exercisable by the
appointed person either unconditionally or subject to the fulfilment of such
conditions as may be specified in the appointment; and
(d) may, by notice in writing given to the appointed person, be revoked at
any time by the Department in respect of any appeal or matter which has not
been determined by the appointed person before that time.
3. Where an appointed
person holds a hearing, whether public or otherwise, an assessor may be
appointed by the Department to sit with the appointed person at the inquiry
or hearing and advise him on any matters arising.
4. Subject to regulation 14, the costs of a
hearing by an appointed person shall be defrayed by the Department.
5. - (1) Where under paragraph 2(d)
the appointment of the appointed person is revoked in respect of any appeal
or matter, the Department shall, unless it proposes to determine the appeal
or matter itself, appoint another person under regulation 14 (6) to determine
the appeal or matter instead.
(2) Where such a new appointment is made, the
consideration of the appeal or matter, or any hearing in connection with it,
shall be begun afresh.
(3) Nothing in sub-paragraph (2) shall require any
person to be given an opportunity of making fresh representations or
modifying or withdrawing any representations already made.
6. - (1) Anything done or omitted
to be done by an appointed person in, or in connection with, the exercise or
purported exercise of any function to which the appointment relates shall be
treated for all purposes as done or omitted to be done by the Department.
(2) Sub-paragraph (1) shall not apply -
(a)
for the purposes of so much of any contract made between the Department and
the appointed person as relates to the exercise of the function; or
(b) for the purposes of any criminal proceedings brought in respect of
anything done or omitted to be done as mentioned in that sub-paragraph.
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These Regulations implement, in relation to projects for the use of
uncultivated land and semi-natural areas in Northern Ireland for intensive
agricultural purposes, Council Directive 85/337/EEC (as amended by Council
Directive 97/11/EEC) on the assessment of the effects of certain public and
private projects on the environment and Council Directive 1992/43/EEC on the
conservation of natural habitats and of wild fauna and flora ("the
Habitats Directive") insofar as it applies to such projects.
The definition of "project" identifies those activities that are
subject to the requirements of the Regulations. Regulation 4 prevents any
projects from being undertaken unless a screening decision is first obtained.
The screening decision determines whether the project is one that is likely
to have significant effects on the environment (which will include a project
likely to have a significant effect on a European site within the meaning of
the Conservation (Natural Habitats etc.) Regulations (Northern Ireland) 1995 ("the Habitats
Regulations"). A project which has been so determined is defined as a
"relevant project" in the Regulations. The screening decision must
be reached in accordance with the selection criteria set out in Schedule 1 of
the Regulations. The procedural requirements in respect of screening
decisions are set out in regulation 5.
Regulation 6 prohibits a relevant project from being carried out without
consent first having been obtained from the Department.
Regulation 7 entitles the prospective applicant for consent to obtain an
opinion from the Department as to the information which will be required as
part of the environmental statement to accompany the application for consent.
Regulation 8 requires the statutory consultees to provide any relevant
information in their possession to the applicant for consent.
Regulations 9 and 10 contain the procedural requirements for the application
for consent. The application is required to include the environmental
statement. This is defined as a statement which includes the information in
Part II of Schedule 2 of the Regulations and such of the information in Part
I of Schedule 2 as is reasonably required to assess the environmental effects
of the project.
Regulation 11 contains provisions for notifying and consulting with other EEA
States in relation to projects likely to have environmental effects on those
States and for giving them the opportunity to make representations in respect
of such projects.
Regulation 12 prescribes how the Department should decide whether to grant
consent for a project. It requires the taking into account all of the
information and representations provided in accordance with the Regulations.
Under regulation 12(3) the Department may not grant consent for a project
which would involve activities prohibited under those provisions of the
Habitats Regulations which implement Articles 12, 13, 15 and 16 (requirements
for protection of species) of the Habitats Directive.
Paragraphs (4) to (9) of this regulation implement the requirements to be met
before consent can be granted for a project which is likely to have a
significant effect on a European site. Although the same information and
representations need to be taken into account, insofar as they may be
relevant, as with any other project, there are specific tests to be met.
These specific tests implement Article 6(3) of the Habitats Directive. The
provisions in these Regulations are consistent with those in the Habitats
Regulations as applied to other consent regimes.
Regulation 12(11) specifies mandatory conditions to which the consents are
required to be subject to ensure that consents are implemented and that
further consent is required for works which are materially different from
those permitted.
Regulation 12(12) contains procedural requirements to be complied with in
granting or refusing consent.
Regulation 12(13) takes account of the provisions in the Wildlife (Northern
Ireland) Order 1985 which apply where a competent authority intends to grant
consent for any project which consists of an operation likely to damage an
area of special scientific interest.
Regulation 13 and Schedule 3 implement Article 6(2) of the Habitats Directive
by ensuring that any decisions taken in accordance with the Regulations
before the designation of a European site which would permit a project to be
carried out which would adversely affect the integrity of the site are
reviewed and revoked or modified as necessary.
An applicant for a screening decision or for consent for a relevant project
(or a person interested in a project subject to a revocation or modification
under the review provisions contained in Schedule 3) may appeal against an
adverse decision to the Department. An appellant is entitled to be heard by a
person appointed by the Department for the purpose which hearing may be in
public if the Department so decides. The general appeal provisions are
contained in regulations 14-17. They include provision for determination by
written representations or by hearing.
Persons aggrieved by decisions allowing projects to take place may apply to
the High Court for a review of those decisions within six weeks of the
decision being published (regulation 18).
Persons who carry on projects without first obtaining either a negative
screening decision or consent for the project, or who act in breach of
conditions imposed on a consent, commit an offence under the Regulations. It
is also an offence under the Regulations to make false or misleading
statements in order to obtain a particular decision (regulations 19-21).
If the Department wishes to ensure that unauthorised activities are stopped
with immediate effect, it can serve a stop notice on the person carrying out
the activities or on any person with an interest in the land upon which the
activities are taking place (regulation 22). Non-compliance with the stop
notice is an offence (regulation 23).
Regulation 24 contains a power for the Department to serve a notice requiring
a person it believes to be responsible for committing an offence to reinstate
the land to its former condition. An appeal against a reinstatement notice
may be made to the Magistrates Court. Failure to comply with
the requirements of a reinstatement notice is an offence.
Regulation 25 contains powers of entry in connection with carrying out the
functions of the Department under the Regulations and includes the power to
inspect and take copies of records. Powers are also provided to enter land
for the purpose of carrying out works of reinstatement following
non-compliance with a reinstatement notice.
Notes:
[1] S.I. 1988/785back
[2] 1972 c. 68back
[3] 1954 c. 33 (N.I.)back
[4] O.J. No. L175, 5.7.85, p. 40,
as last amended by Council Directive 97/11/EC, O.J. No. L73, 14.3.97, p. 5back
[5] O.J. No. L206, 22/07/1992 p. 7, as last amended
by Council Directive 97/62/EC, O.J. No. L305, 8.11.97, p. 42back
[6] S.R. 1995 No. 380back
[7] 2001 c. 9 (N.I.)back
[8] S.R. 2000 No. 84back
[9] S.R. 1999 No. 73back
[10] S.R. 2001 No. 394back
[11] S.R. 1993 No. 45 as amended
by S.R. 1998 No. 238back
[12] S.I. 1985/171 (N.I. 2) as
amended by S.I. 1989/492 (N.I. 3)back
[13] 1981 No. 1675 (N.I. 26)back
[14] O.J. No. L103, 25.4.1979, p.
1back
[15] O.J. No. L206, 22.7.1992, p.
7back
ISBN 0 33794128 9
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