The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/31 |
2019 No. 31
Exiting The European Union, Northern Ireland
Environmental Protection, Northern Ireland
Land Drainage, Northern Ireland
The Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019
Made 9th January 2019
Laid before Parliament 14th January 2019
Coming into force in accordance with regulation 1(1)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(a)(i) and (b) of Schedule 7 to, the European Union (Withdrawal) Act 20181.
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
PART 1
Introduction
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Drainage (Environmental Impact Assessment) (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.
(2) These Regulations extend to Northern Ireland only.
PART 2
Amendment of primary legislation
Amendment of the Drainage (Northern Ireland) Order 1973
2.—(1) The Drainage (Northern Ireland) Order 19732is amended as follows.
(2) In Article 2 (interpretation)—
(a)
(a) in paragraph (2)—
(i) omit the definition of “another member State”;
(ii) omit the definition of “another EEA State”;
(iii) omit the definition of “EEA State”;
(iv) after the definition of “general advertisement” insert—
““the Habitats Directive” means Council Directive 92/43/EECon the conservation of natural habitats and of wild fauna and flora, as last amended by Council Directive 2013/17/EU;”;
(v) after the definition of “sluice” insert—
““species and habitats” means—
(a) species of naturally occurring birds in the wild state as specified in Directive 2009/147/ECof the European Parliament and of the Council on the conservation of wild birds;
(b) natural habitat types listed in Annex 1 to the Habitats Directive;
(c) animal and plant species listed in Annex 2 or Annex 4 to the Habitats Directive;”;
(vi) omit the definition of “ Union Legislation”.
(b)
(b) in paragraph (2A), for “another EEA State” substitute “an EEA State”
(3) In Article 12ZA (direction that articles do not apply)—
(a)
(a) in paragraph (1)(a)—
(i) omit the words from the beginning to “Article 7 of the Directive)”;
(ii) omit “, provided the objectives of the Directive are met”.
(b)
(b) in paragraph (3), for “another EEA State” substitute “an EEA State”.
(4) In Article 12A (consultations and determinations on whether a drainage scheme has significant effects on the environment)—
(a)
(a) in paragraph (2)(a), for “Union legislation” substitute “retained EU law”;
(b)
(b) in paragraph (5)(d), for “another EEA State” substitute “an EEA State”;
(c)
(c) in paragraph (10), for “Union legislation” substitute “retained EU law”.
(5) In Article 12B (drainage schemes likely to have significant effects on the environment), in paragraph (2)(f), for “another EEA State” substitute “an EEA State”.
(6) In Article 12G (drainage schemes likely to have significant effects on the environment in another EEA State)—
(a)
(a) in the heading and in paragraph (1), in each place it occurs, for “another EEA State” substitute “an EEA State”;
(b)
(b) in paragraph (3)(a), for the words from “referred to in Article 6(1) of the Directive” to the end substitute “which the EEA State has designated to be consulted about the proposed drainage scheme and to the public concerned in that State; and”;
(c)
(c) in paragraph (4)—
(i) omit “in accordance with Article (7)(4) of the Directive”;
(ii) in sub-paragraph (b), for “the other EEA State” substitute “that EEA State”.
(7) In Article 12I (monitoring), in paragraph (2)(b), for “Union legislation” substitute “retained EU law”.
(8) In Schedule 2A (information for inclusion in environmental statement)—
(a)
(a) for paragraph 4, for “Article 3(1) of the Directive” substitute “paragraph 1 of Schedule 2C”;
(b)
(b) in paragraph 6—
(i) for “specified in Article 3(1) of the Directive” substitute “set out in paragraph 4”;
(ii) for the words from “established at EU or member State level” to the end...
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