EIA Regulations 2017 Northern Ireland. 25 October 2017

Transcription

1 EIA Regulations 2017 Northern Ireland 25 October 2017

2 Agenda 08:30 - Coffee time 08:40 - Pauric McCloskey, Arup and IEMA NI 08:45 - Andrew Ryan, TLT Solicitors 09:10 - Fiona Patterson, Arup 09:35 - Mary Maguire, AECOM 10:00 - Discussion 10:10 - Carol Martin, IEMA NI Chair 10:15 10:45 - Networking

3 TLT LLP New EIA Directive and Regulations Andrew Ryan Partner TLT NI LLP

4 Introduction New EIA Directive and NI Regulations Main amendments Key legal issues / potential pitfalls Conclusions TLT LLP

5 Amended EIA Directive EIA Directive 2014/52/EU Amends Directive 2011/92/EU Primary aim is to improve standards of EIA across the EU NI Regulations into force 16 May 2017 Planning (EIA) Regulations (NI) 2017 Apply to all new EIA development Some short term exceptions Scope remains the same, but factors to consider broadened TLT LLP

6 Screening and scoping decisions Screening: Enhanced Schedule 3 selection criteria Provide specific detailed information Including mitigation measures (nb Champion) Tracking/enforceability of mitigation measures Scoping: Expanded Schedule 4 matters for inclusion Voluntary but if requested ES must be based on scoping opinion Importance of early scoping discussions TLT LLP

7 Competent experts ES prepared by competent experts Plus explanation of how requirement complied with Competency of planning authority; Must have/have access to sufficient expertise to review ES (and scoping/screening?) Issues; Who determines competency? Extent of information on competency? Need for paper trail re consultation responses TLT LLP

8 Alternatives A description of the reasonable alternatives (for example in terms of development design, technology, location, size and scale) studied by the applicant or appellant, which are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects. (2017) An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice, taking into account the environmental effects. (2015) TLT LLP

9 Conclusions Seems like business as usual in this jurisdiction, but Wider EIA process will be exposed to greater risk of challenge Any changes/uncertainty mean increased prospect for JR Brexit effect? TLT LLP

10 Thank you TLT LLP

11 Navigating EIA in Republic of Ireland (ROI) during transition to new regulations Fiona Patterson Senior Environmental Consultant,Arup Navigating EIA in ROI during transition to new regulations October 2017

12 Overview How is Arup assisting clients to navigatethe new EIA process? Current Status of EIA in ROI Challenges in advance of transposition Assessment topics and EIAR content Looking to the future? Navigating EIA in ROI during transition to new regulations October 2017

13 How is Arup assisting clients to navigate the new EIA process? Advance planning since 2014 Direct Interpretation of the EIA Directive meet all the tests Review of emerging guidance from Europe, Ireland & UK Legal reviews of contentious projects Watching brief on current projects in the planning system Regular discussions with Arup enviro teams Europe-wide Toolkits for new assessment topics - vulnerability to major accidents and natural disasters Despite above residual risk remains! Navigating EIA in ROI during transition to new regulations October 2017

14 Current Status of EIA in ROI Navigating EIA in ROI during transition to new regulations October 2017

15 Challenges in advance of transposition Uncertainty - Dates for transposition? - Guideline updates? - Hold off or proceed? Risks of Judicial Reviews - Assessment topics - Compliance with Irish and EU legislation - Competent Experts? Project Costs and Delays - Revision of EISs to EIARs Confusion - Mis-Interpretation of the Directive? Navigating EIA in ROI during transition to new regulations October 2017

16 Assessment topics and content in EIAR New Topics Human Health Land Biodiversity Vulnerability to Accidents and Disasters Amended Topics Resource Use Greenhouse Gas Emissions Vulnerability to Climate Change Cumulative Impacts only in relation to Existing or Approved Projects (note difference to appropriate assessment requirements here)` Reasonable Alternatives Demolition Monitoring ofeffects Navigating EIA in ROI during transition to new regulations October 2017

17 Looking to the future? Transposition date! Interpretation of future Irish EIA regulations Settling in period Future planning decisions and court judgments Lessons learned Digital EIA? Navigating EIA in ROI during transition to new regulations October 2017

18 Thank you Fiona Patterson Senior Environmental Consultant, Arup Navigating EIA in ROI during transition to new regulations October 2017

19 EIA regulations 2017 Worked Example Mary Maguire 25 October 2017

20 Scope of Presentation Introduction Interconnector Description New EIA Regulations and how they connect with an existing project like the Interconnector Closing comments

21 North - South Interconnector Description The proposed interconnector will comprise a 138km overhead line between County Tyrone and County Meath. The Northern Ireland Section consisted of: onew substation at Moy with connection to existing grid; o400kv overhead line, 102 towers for ~34km, oassociated Works, e.g. access tracks st ES (later addenda) st Public Inquiry 2013 Consolidated ES 2015 Consolidated ES Addendum 2017 Public Inquiry (and planning permission?)

22 2017 Regulation changes 2017 Regs Requirement What is involved Screening Alternatives Provision for a formal screening procedure for Annex II projects, including: Requirements for CA to justify negative screening decisions. Provision for procedures to take account of unsolicited comments at screening stage. Change in requirements: a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment Mitigation and Monitoring Changes to Prescribed Environmental Factors Streamlining EIA Quality Other changes Requirement for mandatory implementation of mitigation and monitoring measures. Requirements for incorporation of mitigation and monitoring measures in consent and ensuring that developers deliver these measures. Land, Population and Human Health and Biodiversity Requirement to avoid duplication of assessment required under other Directives Requirement for quality control in EIA preparation and review (competent expertise) Demolition, use of resources, climate change, marine environment, risk associated with accidents and disasters.

23 Closing comments Presentation is based on one example; there are other methodologies where some of these changes are standard (DMRB). The changes in the prescribed EIA topic headings potentially leading to different types of assessment. Changes proposed in the 2014 Directive are existing best practice. - Interconnector is one project example where best practice and robust assessment has ensured compliance. Thank you for your time.

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25 Closing note IEMA Webinar The UK s new EIA Regulations Learning from the first six months of practice Thursday 16 November :30 13:00 IEMA Northern Ireland Full Membership Workshop Friday 24 November :00 15:00 RSPB Window on Wildlife Airport Rd W Belfast BT3 9ED Networking