Public Body Guidance
Guidance
In Northern Ireland a Public Body includes a Northern Ireland department, a department of the Government of the United Kingdom, a district council, a statutory undertaker or any other body established or constituted under a statutory provision.
Where a Public Body proposes to carry out any operation(s) likely to damage the features of an ASSI, the Public Body is required to submit an application for assent to the Department. This requirement applies whether the operation(s) in question will take place within the boundary of the ASSI or outside it and irrespective of distance from the site. For example, if you are going to spray bracken on a field which is next to an ASSI with sensitive flora or fauna an impact may be caused, or you intend to do work upstream of a waterway which is an ASSI.
In response to an application the Department can either issue assent (with or without conditions) or refuse to issue assent. Where a response is not issued by the Department within 28 days, the Public Body should assume refusal to assent.
Please note: The onus is on the public body to notify land owners of the intended activity prior to operations commencing.
When completing your application please answer all relevant questions and provide full details. Please try to be as descriptive as possible as this may help speed up the processing of your application.
We will consider the content of your application and make a determination based on the information you provide in your application form. We will not make assumptions and where insufficient information is provided your application may be treated as invalid and this will delay the processing of it. We will return a copy of your application requesting additional details.
Please provide a map showing the area of land where you wish to undertake works. Please be as accurate as possible as maps may be used as part of the Assent response. If you need a map you can print one showing your land within the ASSI from our website: https://www.daera-ni.gov.uk/services/protected-areas-web-viewer. (See simple guide how to create a map http://tiukloniisdev/ACA/Help/NedMap )
Duties where a Public Body proposes to authorise or permit operations/activities
Under the Conservation (Natural Environment, etc.) Regulations (Northern Ireland) 1995 (as amended) (commonly referred to as the Habitats Regulations) certain sites have been designated as either Special Areas of Conservation (SACs) or Special Protection Areas (SPAs). Ramsar sites have been designated under the Ramsar Convention on Wetlands. Together these sites form part of the Natura 2000 network in Europe.
Under this legislation Public Bodies are referred to as ‘Competent Authorities’. Where a Competent Authority proposes to carry out or issue any form of authorisation for works or activities where the site in question is designated as being part of the Natura 2000 network, the works are subject to the requirements of the Habitats Regulations.
To this end, a Habitats Regulations Assessment (HRA) is required to be undertaken prior to carrying out or issuing any form or permission or authorisation.
While it is not possible to outline the entire legalities of the regulations and the assessment succinctly, in broad terms the HRA should seek to inform the design of the proposal and is legally required to ensure the protection of Natura 2000 sites against adverse impacts on their integrity.
The HRA should be submitted as an accompaniment to your application for assent or under Article 40 outlined above.
If you have any queries in relation to applying for Assent/Article 40 notification or undertaking a HRA use contact email: ASSIConsents@daera-ni.gov.uk.
Alternatively you can contact the office:
Northern Ireland Environment Agency
Conservation Designations & Protection,
Klondyke Building,
Cromac Avenue,
Belfast,
BT7 2JA.
Telephone No: 02890 569516