Office of Public Sector Information

PART 6 Revocations and Transitional Provisions

Revocations

36.  The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Northern Ireland) Regulations 2006(17) are revoked.

Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2005

37.  The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2005(18) are amended by substituting paragraph 7 of the Schedule (Compliance with Statutory Provisions) with the following:

“7.—(1) A farmer shall comply with any stop notice served upon him under regulation 24(1) and any reinstatement notice served upon him under regulation 26(1) of the Environmental Impact Assessment (Agriculture) Regulations (Northern Ireland) 2007.”

Transitional Provisions

39.—(1) This regulation provides for the treatment of certain notices served under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Northern Ireland) Regulations 2006 (“the 2006 Regulations”).

(2) Any stop notice served under regulation 22 of the 2006 Regulations is to be treated as though it was served under regulation 24 of these Regulations, and regulations 24, 25, and 28 to 30 of these Regulations apply to any enforcement action taken in respect of a breach of the notice.

(3) Subject to paragraph (4), any reinstatement notice served under regulation 24 of the 2006 Regulations is to be treated as though it was served as a reinstatement notice under regulation 26 of these Regulations and regulations 26 to 30 apply to any enforcement action taken in respect of a breach of the notice.

(4) Nothing in paragraph (3) affects any appeal under regulation 24(3) of the 2006 Regulations brought before the coming into force of these Regulations.

SCHEDULE 1 Thresholds

SCHEDULE 2 Selection criteria for a screening notice or a screening decision

1. Characteristics of projects

The characteristics of projects, having regard in particular to—

(a) the size of the project;

(b) the cumulation 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.

2. Location of projects

The environmental sensitivity of geographical areas likely to be affected by projects, having regard in particular to—

(g) the existing land use;

(h) the relative abundance, quality and regenerative capacity of natural resources in the area; and

(i) 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 legislation (including European sites or Areas of Special Scientific Interest);

(vi) areas in which the environmental quality standards laid down in any legislation of the Communities have already been exceeded;

(vii) densely populated areas; and

(viii) landscapes of historical, cultural or archaeological significance.

3. The potential impact

The potential significant effects of projects, in relation to criteria set out under paragraphs 1 and 2, having regard in particular to—

(j) the extent of the impact (geographical area and size of the affected population);

(k) the magnitude and complexity of the impact;

(l) the probability of the impact; and

(m) the duration, frequency and reversibility of the impact.