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2003 No. 136

EUROPEAN COMMUNITIES

HARBOURS, DOCKS, ETC.

The Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003

  Made 6th March 2003 
  Coming into operation 14th April 2003 


ARRANGEMENTS OF REGULATIONS

1. Citation, commencement, revocations and extent
2. Interpretation
3. Scope
4. Procedure for obtaining a prior opinion
5. Applications relating to harbour works where a prior opinion has been given
6. Applications relating to harbour works where a prior opinion has not been given
7. Publication of notice by developer
8. Transboundary cases and involvement of other EEA States
9. Projects in another EEA State likely to have significant transboundary effects
10. Consultation on and holding of inquiry into proposed harbour works
11. Decisions on applications
12. Harbour works carried out without a decision
13. Variation of consent
14. Enforcement
15. Penalties

SCHEDULES

  Schedule 1  -  Information referred to in Article 5(1) of the Directive

  Schedule 2  -  Selection criteria referred to in Article 4(3) of the Directive

  Schedule 3  -  Descriptions of development for the purposes of the definition of "Annex I"

  Schedule 4  -  Descriptions of development for the purposes of the definition of "Annex II"

The Department for Regional Development[
1] and the Department of Agriculture and Rural Development[2], being Departments designated[3] for the purposes of section 2(2) of the European Communities Act 1972[4] 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, acting jointly in exercise of the powers conferred by that section and having taken into account the selection criteria (reproduced in Schedule 2 to these Regulations) specified in Annex III to Council Directive 85/337/EEC (on the assessment of the effects of certain public and private projects on the environment)[5], as inserted by Council Directive 97/11/EC (amending Council Directive 85/337/EEC)[6], and all other powers enabling them in that behalf, makes the following Regulations:

Citation, commencement, revocations and extent
     1.  - (1) These Regulations may be cited as the Harbour Works (Environmental Impact Assessment) Regulations (Northern Ireland) 2003, and shall come into operation on 14th April 2003.

    (2) These Regulations shall not apply in relation to a proposal to carry out harbour works referred to in regulation 4(1) of the Harbour Works (Assessment of Environmental Effects) Regulations (Northern Ireland) 1990[
7] and notified to the appropriate Department prior to 14th April 2003.

    (3) Except in relation to a proposal to carry out harbour works referred to in paragraph (2), the following Regulations are hereby revoked -

Interpretation
     2.  - (1) In these Regulations -

and subject thereto, expressions used which are also used in the Directive have the meaning which they bear in the Directive.

    (2) The Interpretation Act (Northern Ireland) 1954[20] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

    (3) For the purposes of these Regulations a person carries out harbour works if he carries out the whole or any part of such works or any operation in connection with or for the purposes of such works.

    (4) Harbour works constituting a project which is of a description mentioned in Annex II to the Directive shall be treated for the purposes of these Regulations as not falling within that Annex unless -

Scope
     3. These Regulations apply to harbour works below the low water mark of medium tides, being works which are -

Procedure for obtaining a prior opinion
     4.  - (1) A developer who is minded to make an application for approval to carry out harbour works may ask the appropriate Department to state in writing its opinion -

    (2) The criteria referred to in paragraph (1)(b) are that the proposed harbour works constitute a project falling within Annex I to the Directive, or within Annex II to the Directive and (taking into account the selection criteria) the appropriate Department determines that they would be likely to constitute a relevant project.

    (3) A request under paragraph (1) shall be accompanied by -

    (4) The appropriate Department receiving a request under paragraph (1) shall, if it considers that it has not been provided with sufficient information to give an opinion on the questions raised, notify the person making the request of the particular points on which it requires further information.

    (5) Subject to paragraph (6), the appropriate Department shall give the opinion requested under paragraph (1) as soon as reasonably practicable.

    (6) The appropriate Department shall not give an opinion in response to a request under paragraph (1) until it has consulted the person who made the request and such bodies as appear to it to be likely to have an interest in the project by reason of their environmental responsibilities.

    (7) In so far as the request relates to paragraph (1)(b), the appropriate Department shall indicate the extent of the information set out in Schedule 1 which the person who requested the opinion would be required under regulation 5 to supply; in so doing the appropriate Department shall take into account the extent to which it considers -

Applications relating to harbour works where a prior opinion has been given
    
5.  - (1) This regulation shall apply where an application is made for approval to undertake harbour works and an opinion has been given to the developer under regulation 4(1) that the appropriate Department would consider that such an application relating to the same, or substantially the same proposed works, would relate in whole or in part to harbour works to which these Regulations apply.

    (2) In any case to which this regulation applies, the developer shall not commence the proposed harbour works unless paragraph (3) or (7) applies or the appropriate Department consents thereto under regulation 11(2).

    (3) Where it appears to the appropriate Department that the proposed harbour works do not constitute a project falling within Annex I or Annex II to the Directive, it shall in writing notify its decision to the developer and, subject to paragraph (6) it shall take no further action on the application pursuant to these Regulations.

    (4) Where it appears to the appropriate Department that the proposed harbour works constitute a project falling within Annex I to the Directive -

    (5) Where it appears to the appropriate Department that the proposed harbour works constitute a project falling within Annex II to the Directive -

    (6) The appropriate Department shall make available for public inspection at all reasonable hours at a place within the locality of the harbour where the harbour works are proposed to be carried out, a copy of -

    (7) Where the appropriate Department determines pursuant to paragraph (5)(a) that the works do not constitute a relevant project, then subject to the provisions of paragraphs (5) and (6) it shall take no further action on the application pursuant to these Regulations.

    (8) Where the appropriate Department determines pursuant to paragraph (5)(a) that the works constitute a relevant project, paragraphs (9) to (11) shall apply.

    (9) Where this paragraph applies, the appropriate Department shall direct the developer to supply it with an environmental statement in such form as it may specify.

    (10) Subject to paragraph (11), the appropriate Department may require the developer to supply it with specified information in addition to the information specified in the opinion given to the developer pursuant to regulation 4(1)(b) in relation to the same, or substantially the same, proposed harbour works as are referred to in the application.

    (11) The appropriate Department may specify information under paragraph (10) only if it is information of a type set out in Schedule 1 and the appropriate Department considers that -

Applications relating to harbour works where a prior opinion has not been given
    
6.  - (1) This regulation shall apply where an application is made for approval to undertake harbour works and an opinion has not been given to the developer under regulation 4(1) in relation to the application.

    (2) In any case to which this regulation applies -

    (3) The appropriate Department may require the developer to provide it with such of the following information as it deems necessary to enable it to consider whether the proposed harbour works constitute a project falling within Annex I or Annex II to the Directive, and if within Annex II, to determine whether (after taking into account the selection criteria) they constitute a relevant project -

    (4) Where it appears to the appropriate Department that the proposed harbour works do not constitute a project falling within Annex I or Annex II to the Directive, it shall in writing notify its decision to the developer and subject to paragraph (7) it shall take no further action on the application pursuant to these Regulations.

    (5) Where it appears to the appropriate Department that the proposed harbour works constitute a project falling within Annex I to the Directive -

    (6) Where it appears to the appropriate Department that the proposed harbour works constitute a project falling within Annex II to the Directive -

    (7) The appropriate Department shall make available for public inspection at all reasonable hours at a place within the locality of the harbour where the harbour works are proposed to be carried out, a copy of -

    (8) Where the appropriate Department decides pursuant to paragraph (6)(a) that the works do not constitute a relevant project, then subject to the provisions of paragraphs (6) and (7) it shall take no further action on the application pursuant to these Regulations.

    (9) Where the appropriate Department decides pursuant to paragraph (6)(a) that the works constitute a relevant project, paragraph (10) shall apply.

    (10) Where this paragraph applies, the appropriate Department shall direct the developer to supply it, in such form as it may specify, with an environmental statement which includes so much of the information referred to in Schedule 1 as the appropriate Department considers -

Publicity where an environmental statement is supplied
    
7.  - (1) Where an environmental statement is to be supplied under regulation 5(9) or 6(10) the developer shall make it available to the public and the appropriate Department shall, when it receives the environmental statement, publish a notice in a local newspaper circulating in the locality of the harbour where the harbour works are proposed to be carried out, stating -

    (2) On the date of publication of the notice under paragraph (1) the developer shall post at a place to which members of the public have access at the offices of the harbour authority for the harbour where the harbour works are proposed to be carried out or if there is no such place, shall post outside the offices of the said harbour authority, a notice containing the information specified in paragraph (1).

    (3) The developer shall ensure that the notice referred to in paragraph (2) is -

    (4) The developer shall, as soon as reasonably practicable after publication of the notice referred to in paragraph (1), send to the appropriate Department a Certificate which states -

Transboundary cases and involvement of other EEA States
    
8.  - (1) This regulation applies where -

    (2) The appropriate Department shall -

    (3) The particulars referred to in paragraph (2)(a) and (b) are -

    (4) The information to be sent to an EEA State which indicates, in accordance with paragraph 2(c), that it wishes to be consulted in accordance with paragraph (6) is -

but only to the extent that such information has not already been provided to the EEA State in accordance with paragraph (2)(b).

    (5) The appropriate Department shall also -

    (6) The appropriate Department shall -

    (7) Where an EEA State has been consulted in accordance with paragraph (6), on the determination of the application concerned the appropriate Department shall inform the EEA State of the decision and shall forward to it a statement giving -

Projects in another EEA State likely to have significant transboundary effects
    
9.  - (1) Where the appropriate Department receives from another EEA State pursuant to Article 7.2 of the Directive information which the EEA State has gathered from the developer of a proposed project in that EEA State which is likely to have significant effects on the environment in Northern Ireland, the appropriate Department shall, in accordance with Article 7.4 of the Directive -

    (2) The appropriate Department, insofar as it is concerned, shall also -

Consultation on and holding of inquiry into proposed harbour works
    
10.  - (1) The appropriate Department shall direct the developer to supply such bodies as it may specify, being bodies appearing to it to be likely to have an interest in the project by reason of their environmental responsibilities, with copies of the environmental statement supplied to it under regulation 5(9) or 6(10).

    (2) Where the developer is not the harbour authority, the appropriate Department shall direct the developer to supply the harbour authority with copies of the information supplied to it under regulation 5(9) or 6(10).

    (3) Where it has given a direction under paragraph (1) or (2) the appropriate Department shall consult the bodies specified under paragraph (1), or the harbour authority as the case may be, before reaching a decision on the merits of the proposed harbour works.

    (4) The appropriate Department may if it thinks fit cause an inquiry to be held by a person appointed by it into a proposal to carry out harbour works and it shall afford to the developer, to any persons who have made representations to it, and to the bodies specified in any direction under paragraph (1) and to the harbour authority mentioned in any direction given under paragraph (2), the opportunity to appear before the person appointed by it for the purpose.

    (5) Paragraphs 3 to 8 of Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972[
24] (which relate to the giving of evidence at, and the expenses incurred in relation to inquiries) shall apply to an inquiry held under paragraph (4) as they apply in relation to an inquiry under that Schedule.

Decisions on applications
     11.  - (1) Where the appropriate Department is satisfied that the developer has complied with its direction under regulation 5(9) or 6(10), with regulation 7 and with any direction under regulation 10(1) or (2), and it has received the report of any inquiry held under regulation 10(4), it shall reach a decision on the proposed harbour works, in accordance with paragraphs (2) and (3).

    (2) Subject to paragraph (3), the appropriate Department shall -

    (3) The appropriate Department shall not consent to the carrying out of the proposed harbour works unless it has taken into consideration the information supplied to it under regulation 5(9) or 6(10), any representations received pursuant to regulation 7(1) or (2), any opinion received pursuant to regulation 8(5), any consultations under regulation 8(6) or 10(3), and the report of any inquiry held under regulation 10(4); and it shall state in its decision that it has done so.

    (4) The appropriate Department shall -

    (5) Any condition subject to which the appropriate Department has consented to harbour works -

    (6) A consent under paragraph (2) may be granted so as to continue in force, unless renewed, only if the harbour works for which the consent is granted are begun or completed within such period as may be specified in the consent, and any renewal of a consent may be limited in the same way.

Harbour works carried out without a decision
    
12.  - (1) If a developer carries out harbour works to which it appears to the appropriate Department that these Regulations apply and which have not been the subject of a decision or consent under regulation 5(3) or (7), 6(4) or (8), 11(2) or this regulation -

    (2) The modifications referred to in paragraph (1)(b) are -

    (3) If the developer no longer owns, occupies or enjoys any use of the harbour works which have been carried out when the appropriate Department decides to serve a notice under paragraph (1) the notice may be served on any other person who for the time being owns, occupies or enjoys any use of the harbour works, and the references to the developer in paragraphs (1), (4) and (5) shall have effect as a reference to the person on whom the notice is served.

    (4) If a developer fails to supply the appropriate Department with such of the information referred to in regulation 6(3) as is specified in a notice served under paragraph (1) within the period specified therein, the appropriate Department shall make such investigations as it considers necessary to enable it to determine whether the harbour works constitute a project falling within Annex I or Annex II to the Directive, and in the case of a project falling within Annex II to the Directive whether (taking into account the selection criteria) the harbour works constitute a relevant project.

    (5) Where regulation 6(10) applies as modified by paragraph (2)(d), and the developer fails to comply with the appropriate Department's direction, the appropriate Department shall refuse consent in respect of the harbour works.

Variation of consent
    
13.  - (1) Where a developer proposes to change or extend any harbour works which are the subject of a consent under regulation 11(2), or regulation 11(2) as modified by regulation 12, he shall make an application to the appropriate Department to vary that consent.

    (2) The appropriate Department shall determine whether, taking into account the selection criteria, the proposed change or extension constitutes a relevant project.

    (3) Where the appropriate Department determines that, taking into account the selection criteria, the proposed change or extension constitutes a relevant project, regulations 6(6), (7), (9), (10), 7, 8, 10, 11, 14 and 15 shall apply in relation to the application as they apply in relation to an application referred to in regulation 6(1).

Enforcement
    
14.  - (1) If a developer carries out harbour works in respect of which consent has been refused under regulation 11 or 12 or in contravention of a condition subject to which consent was granted, the appropriate Department may serve notice in writing on the developer requiring him, within such period (not being less than 30 days) as may be specified in the notice, to remove the works and reinstate the site or to make such alterations thereto as may be so specified, or, if it appears to the appropriate Department urgently necessary to do so, it may itself remove the works and reinstate the site or make alterations to the works.

    (2) If within the period specified in any notice under paragraph (1) the developer fails to comply with it, the appropriate Department may itself remove the works and reinstate the site or make alterations to the works as specified in the notice.

    (3) Where the appropriate Department removes the works and reinstates a site or makes alterations to the works under paragraph (1) or (2), it shall be entitled to recover the expense, as certified by it, from the developer.

    (4) If the developer no longer owns, occupies or enjoys any use of the harbour works when the appropriate Department decides to serve a notice under paragraph (1), the notice may be served on any other person who for the time being owns, occupies or enjoys any use of the harbour works, and the references to the developer in paragraph (2), and in paragraph (3) in relation to any action taken by the appropriate Department under paragraph (2), shall in that case have effect as a reference to the person on whom the notice is served.

Penalties
    
15.  - (1) A person who issues a certificate purporting to comply with regulation 7(4) which contains a statement which he knows to be false or misleading in a material particular, or who recklessly issues a certificate purporting to comply with regulation 7(4) which contains a statement which is false or misleading in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (2) A person who fails without reasonable excuse to comply with a notice served upon him under regulation 12(1) or 14(1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (3) Where a body corporate is guilty of an offence under paragraph (1) or (2), and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of -

he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

    (4) For the purposes of paragraph (3), "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.



Sealed with the Official Seal of the Department for Regional Development on


6th March 2003.

L.S.


R. McMinnis
A senior officer of the Department for Regional Development


Sealed with the Official Seal of the Department of Agriculture and Rural Development on


6th March 2003.

L.S.


Noel Cornick
A senior officer of the Department of Agriculture and Rural Development


SCHEDULE 1
Regulation 2(1)


INFORMATION REFERRED TO IN ARTICLE 5(1) OF THE DIRECTIVE


     1. Description of the proposed project including in particular:

     -  a description of the physical characteristics of the whole project and the land-use requirements during the construction and operational phases,

     -  a description of the main characteristics of the production processes, for instance, nature and quantity of the material used,

     -  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 developer 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 proposed 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:

     -  the existence of the project

     -  the use of natural resources,

     -  the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the developer of the forecasting methods used to assess the effects on the environment.

     5. A description of the measures which the developer proposes to take in order to prevent, reduce, remedy or offset any significant adverse effects on the environment.

     6. A non-technical summary of the information provided under paragraphs 1 to 5.

     7. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the developer in compiling the required information.



SCHEDULE 2
Regulation 2(1)


SELECTION CRITERIA REFERRED TO IN ARTICLE 4(3) OF THE DIRECTIVE


Characteristics of projects
     1. The characteristics of projects must be considered having regard, in particular, to:

     -  the size of the project,

     -  the cumulation with other projects,

     -  the use of natural resources,

     -  the production of waste,

     -  pollution and nuisances,

     -  the risk of accidents, having regard in particular to substances or technologies used.

Location of projects
     2. The environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regard, in particular, to:

     -  the existing land use,

     -  the relative abundance, quality and regenerative capacity of natural resources in the area,

     -  the absorption capacity of the natural environment, paying particular attention to the following areas -

Characteristics of the potential impact
     3. The potential significant effects of projects must be considered in relation to criteria set out under paragraphs 1 and 2, and having regard in particular to:

     -  the extent of the impact (geographical area and size of the affected population),

     -  the transfrontier nature of the impact,

     -  the magnitude and complexity of the impact,

     -  the probability of the impact,

     -  the duration, frequency and reversibility of the impact.



SCHEDULE 3
Regulation 2(1)


DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF "ANNEX I"


Interpretation
In this Schedule -

Descriptions of development
The carrying out of development to provide any of the following -

     1. Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

     2.

     3.

     4.

     5. Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos -

     6. Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are -

     7.

     8.

     9. Waste disposal installations for the incineration, chemical treatment (as defined in Annex IIA to Directive 75/442/EEC[29] under heading D9), or landfill of hazardous waste (that is to say, waste to which Directive 91/689/EEC[30] applies).

     10. Waste disposal installations for the incineration or chemical treatment (as defined in Annex IIA to Directive 75/442/EEC under heading D9) of non-hazardous waste with a capacity exceeding 100 tonnes per day.

     11. Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

     12.

     13. Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2 point (6) of Directive 91/271/EEC[31];

     14. Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

     15. Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

     16. Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800 millimetres and a length of more than 40 kilometres.

     17. Installations for the intensive rearing of poultry or pigs with more than -

     18. Industrial plants for -

     19. Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

     20. Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 kilometres.

     21. Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.



SCHEDULE 4
Regulation 2(1)


DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF "ANNEX II"


The carrying out of development to provide any of the following -

     1. Agriculture, silviculture and aquaculture

     2. Extractive industry

     3. Energy industry

     4. Production and processing of metals

     5. Mineral industry

     6. Chemical industry (Projects not included in Schedule 3)

     7. Food industry

     8. Textile, leather, wood and paper industries

     9. Rubber industry

Manufacture and treatment of elastomer-based products.

     10. Infrastructure projects

     11. Other projects

     12. Tourism and leisure

     13. Any change or extension of projects listed in Schedule 3 or Schedule 4 already authorised, executed or in the process of being executed, which may have significant adverse effects on the environment;

     -  Projects in Schedule 3, undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.



EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations implement, for Northern Ireland, Council Directive 85/337/EEC (as amended by Council Directive 97/11/EC) in the assessment of the effects of certain public and private projects on the environment, in respect of certain harbour works.

Except for applications relating to harbour works made prior to 14th April 2003, these Regulations replace the Harbour Works (Assessment of Environmental Effects) (Northern Ireland) Regulations 1990 and amendments to them made by the Harbour Works (Assessment of Environmental Effects) (Amendment) Regulations (Northern Ireland) 1996.

The main changes made by Directive 97/11/EC, which these Regulations implement are increased coverage of the types of development requiring environmental impact assessment (EIA); a requirement for individual determinations; clarification of the way in which or whether EIA is required for every Annex II project exceeding the thresholds established by the Member States; a requirement to give advice on the content of the environmental statement if the developer so requests; a requirement to publicise the decision on the need for EIA and also the consent decision; a requirement to give reasons for decisions for granting or refusing consent; enhanced consultation arrangements with other Member States where projects are likely to have significant transboundary effects.

Regulation 3 provides that the Regulations apply only to harbour works below the low water mark of medium tides which are not subject to planning control or require a fish culture licence. There are separate Environmental Impact Assessment Regulations relating to planning matters and the grant of fish culture licences.

Regulation 4 provides for a developer who is minded to make an application relating to harbour works to be able to obtain a prior opinion on the information to be supplied in any environmental statements.

Regulation 5 applies where a prior opinion has been given under Regulation 4 to the effect that the Regulations apply to the proposed harbour works. Where the Department determines that the proposed works constitute a relevant project then an environmental statement in a form to be specified by the Department will be required.

Regulation 6 applies to applications relating to harbour works where no prior opinion has been given. In that event the Department will require to determine whether the proposed works constitute a relevant project which will require an environmental statement.

Regulation 7 provides for the public advertisement of an environmental statement required under Regulations 5 or 6. The public may make representations concerning the proposed harbour works.

Regulation 8 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 9 applies where another EEA State has information regarding a proposed project in that EEA State which is likely to have significant effects on the environment in Northern Ireland. There are provisions regarding consultations between the EEA State and the opportunity for members of the public in Northern Ireland to submit representations to the competent authority in that EEA State.

Regulation 10 provides for consultation on and the holding of an Inquiry into proposed harbour works. Any party which has made representations regarding the proposed harbour works is to have the opportunity to appear before the Inquiry.

Regulation 11 prescribes the process which the Department should undertake when deciding whether to grant consent for proposed harbour works. It requires to take into account all of the information and representations provided in accordance with the Regulations.

Regulation 12 applies where harbour works are carried out without any consent required under the Regulations. The Department is empowered to require the developer to provide necessary information.

Regulation 13 requires proposals to change or extend any harbour works which are the subject of a consent under the Regulations to be the subject of an application to the Department for a variation of that consent.

Regulation 14 contains enforcement provisions where a developer carries out harbour works in respect of which consent has been refused or in contravention of a condition subject to which consent was granted. If the developer fails to comply with the terms of any Notice the works may be removed and the site re-instated. In that event the Department will be entitled to recover the expense of the removal or re-instatement.

Regulation 15 specifies penalties for breaches of the Regulations.

A regulatory impact assessment is not required as the changes introduced by these Regulations will not impose any additional costs or savings and will have a negligible impact on business.

Copies of Council Directive 85/337/EEC and 97/11/EC and other Directives referred to in the Regulations are available from the European Commission office in Northern Ireland, Windsor House, 9/15 Bedford Street, Belfast BT2 7EG.


Notes:

[1] S.I. 1999/283 (N.I.1) Article 3(1)back

[2] S.I. 1999/283 (N.I.1) Article 3(4)back

[3] S.I. 1988/785back

[4] 1972 c. 68back

[5] O.J. No. L175, 5.7.85, p. 40back

[6] O.J. No. L73, 14.3.97, p. 5back

[7] S.R. 1990 No. 181back

[8] S.R. 1996 No. 369back

[9] 1970 c. l (N.I.)back

[10] Cmmd. 2073back

[11] S.R. & O. (N.I.) 1973 No. 128back

[12] S.I. 1985/170 (N.I. 1)back

[13] Article 20 was amended by Section 3 of, and Schedule 1 to, the Territorial Sea Act 1987 (1987 c. 49)back

[14] Article 24 was amended by Article 10(1) of S.I. 1989/492 (N.I. 3)back

[15] 1985/171 (N.I. 2); Article 16 was amended by Article 4(1)(d) of S.I. 1995/761 (N.I. 6)back

[16] S.I. 1995/1625 (N.I. 9)back

[17] S.R. 1995 No. 380back

[18] See Command Paper 6464back

[19] See Command paper 9424back

[20] 1954 c. 33 (N.I.)back

[21] S.I. 1991/1220 (N.I. 11)back

[22] 1966 c. 17 (N.I.); Section 11 was substituted by Article 6 of S.I. 1991/1466 (N.I. 13)back

[23] S.R. 1999 No. 415back

[24] S.I. 1972/1265 (N.I. 14)back

[25] O.J. No. L103, 25.4, 1979, p. 1back

[26] O.J. No. L206, 22.7, 1992, p. 7back

[27] Command Paper 6614back

[28] Command Paper 6993back

[29] O.J. No. L194, 25.7.75, p. 39. Council Directive 75/442/EEC was amended by Council Directive 91/156/EEC (O.J. No. L78, 26.3.91, p. 32) and by Commission Decision 94/3/EC (O.J. No. L5, 7.1.94, p. 15)back

[30] O.J. No. L337, 31.12.91, p. 20. Council Directive 91/689/EEC was amended by Council Directive 94/31/EC (O.J. No. L168, 2.7.1994, p. 28)back

[31] O.J. No. L135, 30.5.91, p. 40back



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