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Thomson Ecology HandbookNational planning law and wildlife | Northern Ireland

TEH Index

Part 1: Legal frameworks

Part 2: Planning policy and other guidance

Part 3: Development and features of biodiversity importance

Part 4: Surveys and assessment

Part 5: Mitigation and enhancement

Part 6: Practical techniques

Table 4D: National planning law and wildlife: Northern Ireland

Legislation Description
The Planning Act (Northern Ireland) 2011  Provides for planning and connected purposes, including how development plans are drawn up, how development proposals and applications are managed and the way in which these functions are delivered. The Act increases penalties for two offences listed under the Planning (Northern Ireland) 1991 Order for: (i) unauthorised demolition, alteration or extension of listed buildings or failing to apply a condition to a listed building; (ii) the contravention of tree preservation orders.
The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012
Amend and consolidate the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999. The Regulations include amendments to the EIA Directive and contain specific measures to accelerate the Public Inquiry process. They also and take account of relevant European and domestic case law.
Planning (Compensation, etc.) Act (Northern Ireland) 2001
Abolishes the right to compensation in respect of certain planning decisions detailed in the Land Development Values (Compensation) Act (Northern Ireland) 1965; and amends Article 121(1)(c)(iv) of the Planning (Northern Ireland) Order 1991.
The Environmental Protection Act 1990 Controls the importation, use, supply or storage of any substance that can pollute the environment or cause harm to humans, animals or plant health. Contravention of the regulations may lead to imprisonment or a fine of up to £5000.
Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000, as amended 2002 Measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment. Relevant projects may include afforestation, deforestation, forest road works or forest quarry works. The proposer may apply in writing to the Department for its opinion on whether a project is a relevant project.
Environmental Impact Assessment (Forestry) Regulations (Northern Ireland) 2000, as amended 2002 Measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment. Relevant projects may include afforestation, deforestation, forest road works or forest quarry works. The proposer may apply in writing to the Department for its opinion on whether a project is a relevant project.
The Harbour Works (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2007
Amend the 2003 Regulations for the carrying out of harbour works projects, and implement the EIA Directive in relation to Harbour Orders.
The Roads (Northern Ireland) Order 1993
Applies to roads for which the Secretary of State for Transport or the National Assembly for Northern Ireland is the highway authority. It relates to construction, maintenance, drainage, Environmental Impact Assessment, lawful and unlawful interference and safety.

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