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S.I. No. 349/1989 - European Communities (Environmental Impact Assessment) Regulations, 1989

Type Statutory Instrument

Publication 1989-12-19

Last updated 2017-07-26

State Partially repealed superseded text

Text As published

Source Irish Statute Book

articles 28

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

11 amending acts · 2017-07-26, Minerals Development Act 2017

Reform history JSON API

S.I. No. 349 of 1989.

EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989.

CONTENTS

PART I PRELIMINARY AND GENERAL

Article

1. Citation.

2. Commencement.

3. Interpretation.

PART II AMENDMENT OF LOCAL GOVERNMENT (PLANNING & DEVELOPMENT) ACTS, 1963 TO 1983

4. Definitions for Part II.

5. Amendment of section 2 of Act of 1963.

6. Amendment of section 4 of Act of 1963.

7. Amendment of section 25 of Act of 1963.

8. Amendment of section 26 of Act of 1963.

9. Amendment of section 41 of Act of 1963.

10. Amendment of section 78 of Act of 1963.

11. Amendment of section 20 of Act of 1976.

PART III AMENDMENT OF OTHER ENACTMENTS

12. Amendment of Public Health (Ireland) Act, 1878.

13. Amendment of Foreshore Act, 1933.

14. Amendment of Air Navigation and Transport Act, 1936.

15. Amendment of Water Supplies Act, 1942.

16. Amendment of Arterial Drainage Act, 1945.

17. Amendment of Harbours Act, 1946.

18. Amendment of Fisheries (Consolidation) Act, 1959.

19. Amendment of Petroleum and Other Minerals Development Act, 1960.

20. Amendment of Gas Act, 1976.

21. Amendment of Fisheries Act, 1980.

22. Amendment of Urban Renewal Act, 1986.

PART IV ENVIRONMENTAL IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY STATE AUTHORITIES

23. Environmental impact assessment of certain development by State authorities.

PART V MISCELLANEOUS

24. Specified development.

25. Specified information to be contained in an environmental impact statement.

26. Saver for certain development.

FIRST SCHEDULE

Development for the purposes of these Regulations.

SECOND SCHEDULE

Information to be contained in an environmental impact statement.

S.I. No. 349 of 1989.

EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989.

The Minister for the Environment, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985), hereby makes the following Regulations:—

PART I PRELIMINARY AND GENERAL

1 Citation.

1.

1. These Regulations may be cited as the European Communities (Environmental Impact Assessment) Regulations, 1989.

2 Commencement.

2.

2. (1) These Regulations shall come into operation on the 1st day of February, 1990.

(2) Where these Regulations provide for the amendment of an enactment, such enactment shall, notwithstanding any provision of the enactment as to commencement, have effect on and from the coming into operation of these Regulations.

3 Interpretation.

3.

3. (1) In these Regulations:—

"Council Directive" means the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985) on the assessment of the effects of certain public and private projects on the environment;

"environmental impact statement" means a statement, prepared in accordance with a requirement of or under any enactment (including these Regulations), other than the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 ( S.I. No. 221 of 1988 ), of the effects, if any, which proposed development, if carried out, would have on the environment.

(2) In these Regulations, save where the context otherwise requires:—

( a ) any reference to a Part or Schedule which is not otherwise identified is a reference to a Part or Schedule of these Regulations,

( b ) a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment, including these Regulations.

PART II AMENDMENT OF LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1983

4 Definitions for Part II.

4.

4. In this Part:—

"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);

"the Act of 1976" means the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976).

5 Amendment of section 2 of Act of 1963.

5.

5. Subsection (1) of section 2 of the Act of 1963 is hereby amended by:—

( a ) the insertion after the definition of "car park" of the following definition:

"'Council Directive' means the Council Directive of 27 June, 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985) on the assessment of the effects of certain public and private projects on the environment, and any Directive amending or replacing that Directive;";

( b ) the insertion after the definition of "development plan" of the following definition:

"'environmental impact statement' means a statement of the effects, if any, which proposed development, if carried out, would have on the environment;".

6 Amendment of section 4 of Act of 1963.

6.

6. Section 4 of the Act of 1963 is hereby amended by the insertion of the following subsection after subsection (3) of that section:—

"(4) ( a ) The Minister may, in connection with the Council Directive, prescribe development or classes of development for the purposes of this subsection.

( b ) Notwithstanding paragraph (a) of subsection (1) of this section, development which is prescribed for the purposes of this subsection shall not be exempted development.".

7 Amendment of section 25 of Act of 1963.

7.

7. Section 25 of the Act of 1963 is hereby amended by:—

( a ) the substitution for paragraph (cc) of subsection (2) of the following paragraph:

"(cc) in connection with the Council Directive—

(i) the submission to the planning authority, in the case of specified applications or classes of applications, of an environmental impact statement in respect of the development to which the application relates,

(ii) enabling planning authorities to require, in the case of specified applications or classes of applications, the submission by the applicant of an environmental impact statement in respect of the development to which the application relates,

(iii) the information to be contained in an environmental impact statement,

(iv) the determination by planning authorities, for the purposes of dealing with applications, of the adequacy of information contained in environmental impact statements,

(v) the making of submissions or observations to the planning authority by persons other than the applicant in relation to the effects on the environment of development in respect of which the authority has received an environmental impact statement,

(vi) the making available for purchase of copies of environmental impact statements,

(vii) requiring the giving of notice by planning authorities of any application in respect of development which is likely to have significant effects on the environment in another Member State of the European Communities,";

( b ) the insertion after subsection (2) of the following subsections:

"(3) ( a ) At the request of an applicant or of a person intending to apply for permission the Minister may, by order, having afforded the planning authority concerned an opportunity to furnish observations on the request, and where he is satisfied that exceptional circumstances so warrant, grant in respect of proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact statement.

( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such requirements (being requirements additional to those provided for in regulations under this section) in relation to the application for permission as he considers necessary or appropriate.

( c ) The Minister shall, as soon as may be, notify the planning authority concerned of his decision on any request made to him under paragraph (a) of this subsection, and of any requirements applied under paragraph (b) of this subsection.

( d ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.

(4) ( a ) A person who makes a request to the Minister for an exemption under subsection (3) of this section shall, as soon as may be, inform the planning authority concerned of the making of the request and the date on which it was made.

( b ) Notwithstanding subsection (4) of section 26 of this Act, the appropriate period referred to in that subsection shall not, in a case in which a request is made to the Minister under subsection (3) of this section, include the period beginning on the day of the making of the request and ending on the day of receipt by the planning authority concerned of notice of the Minister's decision on the request.".

8 Amendment of section 26 of Act of 1963.

8.

8. Section 26 of the Act of 1963 is hereby amended by:—

( a ) the insertion after subsection (1) of the following subsection:

"(1A) Without prejudice to subsection (1) of this section, a planning authority shall, in dealing with an application for permission for the development of land in respect of which an environmental impact statement was submitted to them in accordance with a requirement of or under regulations under section 25 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989) of this Act, have regard to that statement and to—

( a ) any supplementary information relating to the statement furnished to them by the applicant in accordance with regulations under that section,

( b ) any submissions or observations concerning the effects on the environment of the proposed development made to them by persons other than the applicant in accordance with regulations under that section, and

( c ) where appropriate, the views of other Member States of the European Communities in relation to the effects on the environment of the proposed development.";

( b ) the insertion after subsection (4A) of the following subsection:

"(4AA)
(a) The Minister may, by order, before the expiration of the appropriate period within the meaning of subsection (4) (a) of this section, extend the said period in such manner as he considers appropriate in the case of an application for permission for the development of land where such development would be likely to have significant effects on the environment in another Member State of the European Communities, and subsection (4) (b) of this section shall, in case such an order is made, be construed and have effect accordingly.

( b ) The Minister shall, as soon as may be, notify the applicant and the planning authority concerned of any order made under paragraph (a) of this subsection.";

( c ) the insertion after subsection (5) of the following subsection:

"(5A) Without prejudice to subsection (5) of this section, the Board shall, in determining on appeal an application in respect of which an environmental impact statement was submitted by the applicant (whether at the instance of the Board or otherwise), have regard to that statement, to such supplementary information, if any, relating to the statement as may have been furnished to the Board or to the planning authority by the applicant, and to other submissions or observations, if any, made to them concerning the effects on the environment of the proposed development.".

9 Amendment of section 41 of Act of 1963.

9.

9. Section 41 of the Act of 1963 is hereby amended by the insertion after paragraph (a) of subsection (1) of the following paragraph:—

"(aa) where an environmental impact statement was submitted in respect of an application, an indication of this fact,".

10 Amendment of section 78 of Act of 1963.

10.

10. Section 78 of the Act of 1963 is hereby amended by the insertion of the following subsections:—

"(2) For the purposes of the Council Directive, regulations made in relation to any specified cases or classes of cases of development proposed to be carried out by or on behalf of local authorities who are planning authorities may—

( a ) require the authority to prepare an environmental impact statement in respect of specified proposed development,

( b ) empower the Minister to require the authority to prepare an environmental impact statement in respect of other proposed development,

( c ) require the authority to have, in respect of proposed development for which an environmental impact statement is required to be prepared, the certification of the Minister that the proposed development (or the proposed development as varied or modified by him) will not, in his opinion, have significant adverse effects on the environment, or will embody the best practicable means to prevent or limit such effects,

( d ) require the Minister, before certifying proposed development, to have regard to an environmental impact statement prepared in respect of that development, to any submissions or observations made to him in accordance with regulations under this subsection, and to the views of other Member States of the European Communities arising from consultation, if any, in accordance with regulations under this subsection,

( e ) enable the Minister, in relation to the certification referred to in paragraph (c) of this subsection, to vary or modify a proposed development in respect of which certification is sought,

( f ) require the authority to give public notice in any specified form and manner, or to give notice to any specified persons, of applications for the certification referred to in paragraph (c) of this subsection,

( g ) require the public availability of environmental impact statements, the availability for purchase of copies of such statements and the furnishing of copies of such statements to the Minister and to any other specified persons,

( h ) require the authority to furnish to the Minister further information in relation to proposed development in respect of which an environmental impact statement has been prepared,

( i ) provide for the making of submissions or observations to the Minister in relation to the effects on the environment of proposed development in respect of which an environmental impact statement has been prepared,

( j ) provide for consultation with other Member States of the European Communities in relation to proposed development,

( k ) require the Minister to give notice of his decision in relation to proposed development for which certification is sought in accordance with regulations under this subsection,

( l ) require a planning authority, in dealing with an application by a local authority for permission under Part IV of this Act for development outside the functional area of that local authority, to have regard to any certification of the development by the Minister under regulations in accordance with this subsection.

(3) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant, grant an exemption in respect of proposed development from a requirement of regulations under subsection (2) of this section to prepare an environmental impact statement.

( b ) The Minister in granting an exemption in respect of proposed development under paragraph (a) of this subsection may, by order, apply such other requirements as he considers necessary or appropriate.

( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.".

11 Amendment of section 20 of Act of 1976.

11.

11. Section 20 of the Act of 1976 is hereby amended by the insertion after subsection (4) of the following subsection:—

"(5) Without prejudice to the generality of subsection (1) of this section, the Minister may, for the purposes of the Council Directive, make regulations enabling the Board when considering an appeal under section 26 of the Principal Act to require the submission to the Board by the applicant of an environmental impact statement in respect of the development to which the appeal relates, to determine the adequacy for the purposes of their consideration of an appeal of the information contained in an environmental impact statement (whether prepared at the instance of the Board or otherwise), and to require the submission to the Board by the applicant of such additional information in relation to the effects on the environment of the proposed development as the Board considers necessary or appropriate.".

PART III AMENDMENT OF OTHER ENACTMENTS

12 Amendment of Public Health (Ireland) Act, 1878.

12.

12. The Public Health (Ireland) Act, 1878 (41 and 42 Vict. c. 52) is hereby amended by:—

( a ) the insertion after section 37 of the following section:

"Restriction of certain inquiries.

37A.—An inquiry held pursuant to section 37 of this Act shall not, in the case of intended work in respect of which the certification of the Minister has been given under regulations in accordance with section 78 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989) of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), consider the effects which the intended work, if carried out, would have on the environment.";

( b ) the insertion after section 63 of the following section:

"Restriction of certain inquiries.

63A.—An inquiry held pursuant to section 63 of this Act shall not, in the case of intended work in respect of which the certification of the Minister has been given under regulations in accordance with section 78 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989) of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), consider the effects which the intended work, if carried out, would have on the environment.".

13 Amendment of Foreshore Act, 1933 .

13.

13. The Foreshore Act, 1933 (No. 12 of 1933) is hereby amended by:—

( a ) the insertion in section 1, after the definition of "term", of the following definition:

"the expression 'development' has the meaning assigned to it by section 3 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);";

( b ) the addition to subsection (2) of section 10 of the words "or would have or be likely to have significant adverse effects on the environment";

( c ) the insertion after section 13 of the following section:

"Environmental impact assessment of certain proposals relating to the foreshore.

13A.—(1) A relevant application to the Minister which proposes the undertaking of development of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, shall be accompanied by a statement of the likely effects on the environment (hereinafter in this Act referred to as an "environmental impact statement") of such proposed development.

(2) Where a relevant application would involve the undertaking of development which would be of a class referred to in subsection (1) of this section but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the said development would be likely to have significant effects on the environment, he shall require the applicant to submit an environmental impact statement in respect of such development.

(3) An environmental impact statement shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.

(4) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt a relevant application or a proposed relevant application from the requirement of subsection (1) of this section.

( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the relevant application or the proposed relevant application as he considers necessary or appropriate.

( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application or the proposed relevant application relates.

(5) In this section and in sections 19A, 19C and 21A "relevant application" means, as the case may be—

( a ) an application to the Minister for a lease under section 2 of this Act,

( b ) an application to the Minister for a licence under section 3 of this Act,

( c ) an application to the Minister for his approval under section 10 of this Act for maps, plans, and specifications for erection of structures on the foreshore,

( d ) an application to the Minister for his consent under section 13 of this Act for the deposit of material on the foreshore.";

( d ) the insertion after section 19 of the following sections:

"Procedure in regard to certain relevant applications.

19A.—(1) Notwithstanding section 19 of this Act, a person who has submitted an environmental impact statement in accordance with a requirement of or under section 13A of this Act shall, as soon as may be, publish in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application relates a notice—

( a ) stating that he has made the application and indicating the location and nature of the proposal to which the application relates,

( b ) stating that an environmental impact statement has been prepared in respect of the proposal,

( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,

( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,

( e ) stating that any person may during the prescribed period make objections and representations to the Minister in relation to the effects on the environment of the proposal.

(2) Copies of the environmental impact statement shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.

(3) A person who has submitted an environmental impact statement in accordance with a requirement of or under section 13A of this Act shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that objections and representations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposal.

(4) In this section and in section 19B "prescribed" means prescribed by the Minister by regulations.

Minister to have regard to certain matters in considering certain relevant applications.

19B.—(1) Where an environmental impact statement has been submitted in accordance with a requirement of or under section 13A of this Act, the Minister shall have regard to the said statement, to any objections and representations made to him during the prescribed period in relation to the effects on the environment of the proposal, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to section 19C of this Act.

(2) The Minister may, where he considers it necessary so to do, require an applicant who has submitted an environmental impact statement to furnish to him such further information in relation to the effects on the environment of the proposal as the Minister may specify.

Consultation with other Member States of European Communities.

19C.—(1) Where the Minister considers that development proposed in a relevant application in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under section 13A of this Act would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposal.

(2) The Minister shall notify any Member State of the European Communities with which consultation takes place under subsection (1) of this section of his decision on the particular relevant application.";

( e ) the insertion after section 21 of the following section:

"Publication of notice of Minister's decision in relation to certain relevant applications.

21A.—Notice of the Minister's decision on a relevant application in respect of which an environmental impact statement was submitted in accordance with a requirement of or under section 13A of this Act shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application relates.".

14 Amendment of Air Navigation and Transport Act, 1936 .

14.

14. The Air Navigation and Transport Act, 1936 (No. 40 of 1936) is hereby amended by the insertion after section 37 of the following section:

"Environmental impact assessment of certain aerodromes proposed to be established by local authorities.

37A.—(1) (a) An application by a local authority under section 37 of this Act for the consent of the Minister to the establishment of an aerodrome which is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, shall be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an "environmental impact statement") of the proposed aerodrome.

( b ) Where an application is made to the Minister for consent to the establishment of an aerodrome which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed aerodrome would be likely to have significant effects on the environment, he shall require the local authority to submit an environmental impact statement in respect of the proposed aerodrome.

( c ) An environmental impact statement shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.

(2) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the local authority shall, as soon as may be, publish in one or more newspapers circulating in the area of the proposed aerodrome a notice—

( a ) stating that they have applied to the Minister for his consent to establishment of the aerodrome and indicating, the location and nature of the proposed aerodrome,

( b ) stating that an environmental impact statement has been prepared in respect of the proposed aerodrome,

( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,

( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,

( e ) stating that any person may during the prescribed period make submissions or observations to the Minister in relation to the effects on the environment of the proposed aerodrome.

(3) Copies of the environmental impact statement shall be available for purchase by interested persons for such fee not exceeding the reasonable cost of making a copy as the local authority may fix.

(4) Where a local authority have submitted an environmental impact statement in accordance with a requirement of or under subsection (1) of this section they shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that submissions or observations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposed aerodrome.

(5) ( a ) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed aerodrome, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subsection (7) of this section.

( b ) The Minister may, where he considers it necessary so to do, require a local authority who have submitted an environmental impact statement to furnish to him such further information in relation to the effects on the environment of the proposed aerodrome as the Minister may specify.

(6) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt an application or a proposed application for his consent to establishment of an aerodrome from the requirement of subsection (1) (a) of this section.

( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the application or the proposed application as he considers necessary or appropriate.

( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area of the proposed aerodrome.

(7) ( a ) Where the Minister considers that a proposed aerodrome in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed aerodrome.

( b ) The Minister shall notify any Member State of the European Communities with which consultation takes place under paragraph (a) of this subsection of his decision in relation to the proposed aerodrome.

(8) Notice of the Minister's decision on an application in respect of which an environmental impact statement was submitted in accordance with a requirement of or under subsection (1) of this section shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area of the proposed aerodrome.".

15 Amendment of Water Supplies Act, 1942 .

15.

15. The Water Supplies Act, 1942 (No. 1 of 1942 ) is hereby amended by the insertion after section 10 of the following section:—

"10A.—(1) In this section "relevant development" means a dam or other installation designed for the holding or storage of water.

(2) An inquiry held in relation to an application to the Minister for a provisional order which would allow the coming into force of a proposal for, inter alia, the construction of a relevant development shall not consider the effects on the environment of such relevant development where it has been certified by the Minister under regulations in accordance with section 78 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989) of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963).".

16 Amendment of Arterial Drainage Act, 1945 .

16.

16. The Arterial Drainage Act, 1945 (No. 3 of 1945) is hereby amended by:—

( a) the substitution for "engineering and valuation surveys" in subsection (1) of section 4 of "engineering, environmental and valuation surveys";

( b) the insertion after subsection (2) of section 4 of the following subsections:

"(2A) ( a ) Every drainage scheme which would involve the execution of drainage works of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, shall contain, as a schedule annexed thereto, in addition to the matters set out in subsection (2) of this section, a statement of the likely effects on the environment (hereinafter in this Act referred to as an "environmental impact statement") of the proposed works.

(b) (i) The Commissioners shall, before preparing a drainage scheme which would involve the execution of drainage works which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, consult the Minister.

(ii) Where the Minister is consulted pursuant to sub-paragraph (i) of this paragraph and he considers that the proposed drainage works would be likely to have significant effects on the environment, he shall direct that the drainage scheme shall contain, as a schedule annexed thereto, in addition to the matters set out in subsection (2) of this section, an environmental impact statement.

(c) An environmental impact statement contained in a drainage scheme in accordance with paragraph (a) or (b) of this subsection shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.

(2B)
(a) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt a proposed drainage scheme from the requirement of paragraph (a) of subsection (2A) of this section.

(b) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the proposed drainage scheme as he considers necessary or appropriate.

(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area proposed by such proposed scheme to be constituted a separate drainage district.";

"(aa) where, in accordance with subsection (2A) of section 4 of this Act, the scheme contains an environmental impact statement, send a copy of the statement to such bodies as may be prescribed by the Minister by regulations, indicating that observations may be sent to the Commissioners in relation to the effects on the environment of the proposed drainage works within such period as may be specified, not being less than one month after the sending to the body concerned of the statement,";

( d ) the insertion after subsection (1) of section 5 of the following subsection:

"(1A) Where, in accordance with subsection (2A) of section 4 of this Act, the scheme contains an environmental impact statement, the notice published pursuant to paragraph (b) of subsection (1) of this section shall so indicate and shall state that copies of the statement will be available for purchase during the period specified in the said notice, and that any person may within that period send to the Commissioners observations in relation to the effects on the environment of the proposed drainage works.";

( e ) the insertion after paragraph (a) of subsection (2) of section 5 of the following paragraph:

"(aa) shall, where in accordance with subsection (2A) of section 4 of this Act the scheme contains an environmental impact statement, cause copies of the statement to be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy of the statement,";

( f ) the insertion in subsection (1) of section 7, after "drainage scheme" of "for the sending by prescribed bodies and interested persons of observations in relation to the effects on the environment of the proposed drainage works";

( g ) the insertion after paragraph (c) of subsection (1) of section 7 of the following paragraph:

"(d) where, in accordance with subsection (2A) of section 4 of this Act, the drainage scheme contains an environmental impact statement, submit to the Minister details of observations received by them in relation to the effects on the environment of the proposed drainage works.";

( h ) the insertion after subsection (2) of section 7 of the following subsections:

"(3) Where, in accordance with subsection (2A) of section 4 of this Act, a drainage scheme contains an environmental impact statement, the Minister shall—

( a ) have regard to the said statement, to any observations received by the Commissioners and submitted to him in accordance with paragraph (d) of subsection (1) of this section, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subsection (4) of this section,

( b ) publish in the Iris Oifigiúil, and in one or more newspapers circulating in the area proposed by such scheme to be constituted a separate drainage district, notice of his decision in relation to the scheme.

(4) ( a ) Where the Minister considers that drainage works envisaged in a proposed drainage scheme which, in accordance with subsection (2A) of section 4 of this Act, contains an environmental impact statement would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed works.

17 Amendment of Harbours Act, 1946 .

17.

17. The Harbours Act, 1946 (No. 9 of 1946) is hereby amended by:—

( a ) the insertion after subsection (8) of section 134 of the following subsection:

"(9) The Minister shall, as soon as may be, publish in the Iris Oifigiúil and in two newspapers circulating in the county in which is situate the principal office of the harbour authority to whom the order relates notice of the making of any harbour works order which authorises works in respect of which an environmental impact statement was prepared in accordance with subsection (2A) of section 138 of this Act.";

( b ) the insertion after paragraph (a) of subsection (1) of section 136 of the following paragraph:

"(aa) A notice published pursuant to paragraph (a) of this subsection in respect of a proposed harbour works order which would authorise works in respect of which an environmental impact statement has been prepared in accordance with subsection (2A) of section 138 of this Act shall, without prejudice to that paragraph—

(i) state that an environmental impact statement has been prepared in respect of the proposed works to which the proposed order relates,

(ii) state that a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person at the principal office of the harbour authority, and

(iii) specify the times and the period (being the period specified pursuant to paragraph (b) of this subsection during which objections and representations in relation to the order may be furnished to the Minister) during which the environmental impact statement may be so inspected or purchased,";

( c ) the insertion after subsection (1) of section 136 of the following subsection:

"(1A) Copies of an environmental impact statement shall be available, in accordance with the terms of the notice published pursuant to paragraphs (a), (aa) and (b) of subsection (1) of this section, for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.";

( d ) the insertion after paragraph (b) of subsection (1) of section 136 of the following paragraph:

"(bb) the harbour authority to whom the proposed order relates shall, where the proposed order would authorise works in respect of which an environmental impact statement has been prepared in accordance with subsection (2A) of section 138 of this Act, send copies of the statement to such bodies as may be specified by the Minister and shall indicate to those bodies that objections and representations in relation to the effects on the environment of the works which the order would authorise may be made to the Minister during a specified period,";

( e ) the insertion after paragraph (c) of subsection (1) of section 136 of the following paragraphs:

"(cc) in making the order the Minister shall, where the order would authorise works in respect of which an environmental impact statement has been prepared in accordance with subsection (2A) of section 138 of this Act, have regard, in addition to the matters mentioned in paragraph (c) of this subsection, to the environmental impact statement prepared by the harbour authority, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to paragraph (ccc) of this subsection,

( ccc ) (i) the Minister shall, where he considers that proposed works in respect of which an environmental impact statement has been prepared in accordance with subsection (2A) of section 138 of this Act would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, consult that Member State in relation to the effects on the environment of the proposed works,

(ii) The Minister shall notify any Member State of the European Communities with which consultation takes place under sub-paragraph (i) of this paragraph of his decision on the relevant application for a harbour works order.";

(f) the insertion after subsection (2) of section 138 of the following subsections:

"(2A) ( a ) Without prejudice to the generality of subsection (2) of this section, an application for a harbour works order authorising works of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, shall contain a statement of the likely effects on the environment (elsewhere in this Part referred to as an "environmental impact statement") of the proposed works.

( b ) (i) A harbour authority which proposes to apply to the Minister for a harbour works order authorising works which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class shall consult the Minister before making such application.

(ii) Where the Minister is consulted pursuant to sub-paragraph (i) of this paragraph and he considers that the proposed works would be likely to have significant effects on the environment, he shall direct that the application for a harbour works order shall contain an environmental impact statement.

(2B) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt proposed works from the requirement of paragraph (a) of subsection (2A) of this section.

( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the application for the harbour works order as he considers necessary or appropriate.

( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in two newspapers circulating in the county in which is situate the principal office of the harbour authority concerned.".

18 Amendment of Fisheries (Consolidation) Act, 1959 .

18.

18. The Fisheries (Consolidation) Act, 1959 (No. 14 of 1959) is hereby amended by the insertion after section 15 of the following section:—

"Environmental impact assessment in relation to certain applications for fish culture licences.

15A.—(1) ( a ) An application to the Minister under section 15 of this Act for a fish culture licence authorising culture of salmonid fish in an area of the sea shall, where the proposed culture is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an "environmental impact statement") of the proposed culture.

( b ) Where an application to the Minister under section 15 of this Act for a licence authorising the culture of salmonid fish in an area of the sea relates to culture which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed culture would be likely to have significant effects on the environment, he shall require the applicant to submit an environmental impact statement in respect of the proposed culture.

(2) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the applicant shall, as soon as may be, publish in one or more newspapers circulating in the vicinity of the location of the proposed culture a notice—

( a ) stating that he has applied to the Minister for a fish culture licence and indicating the location and nature of the proposed culture,

( b ) stating that an environmental impact statement has been prepared in respect of the proposed culture,

( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,

( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,

( e ) stating that any person may during the prescribed period make submissions or observations to the Minister in relation to the effects on the environment of the proposed culture.

(3) Copies of the environmental impact statement shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.

(4) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section the applicant shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that submissions or observations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposed culture.

(5) ( a ) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed culture, and to the views of other Member States of the European Communities arising from consultation if any, pursuant to subsection (7) of this section.

( b ) The Minister may, where he considers it necessary so to do, require an applicant who has submitted an environmental impact statement to furnish to him such further information in relation to the effects on the environment of the proposed culture as the Minister may specify.

(6) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt an application or a proposed application from the requirement of subsection (1) (a) of this section.

( c ) Notice of any exemption granted under paragraph (a) of this sub-section, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the vicinity of the location of the proposed culture.

(7) ( a ) Where the Minister considers that proposed fish culture in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed culture.

(8) Notice of the Minister's decision in relation to an application for a fish culture licence in respect of which an environmental impact statement was submitted in accordance with a requirement of or under subsection (1) of this section shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the vicinity of the location of the proposed culture.".

19 Amendment of Petroleum and Other Minerals Development Act, 1960 .

19.

19. The Petroleum and Other Minerals Development Act, 1960 (No. 7 of 1960) is hereby amended by the insertion after section 13 of the following section:—

"Environmental impact assessment of certain working of petroleum.

13A.—(1) ( a ) A plan submitted to the Minister under the terms of a lease under section 13 of this Act seeking his approval for working of petroleum under land (not being land situate within the functional area of a planning authority within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1983) shall, where the proposed working is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an "environmental impact statement") of the proposed working.

( b ) Where a plan submitted to the Minister under the terms of a lease under section 13 of this Act seeks his approval for working of petroleum which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed working would be likely to have significant effects on the environment, he shall require the applicant to submit an environmental impact statement in respect of the proposed working.

(2) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the applicant shall, as soon as may be, publish in at least one daily newspaper published in the State a notice—

( a ) stating that he has applied to the Minister for approval to the working of petroleum and indicating the location and nature of the proposed working,

( b ) stating that an environmental impact statement has been prepared in respect of the proposed working,

( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,

( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,

( e ) stating that any person may during the prescribed period make submissions or observations to the Minister in relation to the effects on the environment of the proposed working.

(3) Copies of the environmental impact statement shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.

(4) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the applicant shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that submissions or observations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposed working of petroleum.

(5) ( a ) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed working of petroleum, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subsection (7) of this section.

(6) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt a plan or a proposed plan seeking approval for working of petroleum from the requirement of subsection (1) (a) of this section.

( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the plan or the proposed plan as he considers necessary or appropriate.

(7) ( a ) Where the Minister considers that proposed working of petroleum in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed working.

( b ) The Minister shall notify any Member State of the European Communities with which consultation takes place under paragraph (a) of this subsection of his decision on the relevant application for approval to the working of petroleum.

(8) Notice of the Minister's decision on an application for approval to working of petroleum in respect of which an environmental impact statement was submitted in accordance with a requirement of or under subsection (1) of this section shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.".

20 Amendment of Gas Act, 1976 .

20.

20. The Gas Act, 1976 (No. 30 of 1976) is hereby amended by the insertion after section 40 of the following section:—

"Environmental impact assessment of certain pipelines.

40A.—(1) ( a ) An application to the Minister by the Board for his consent under subsection (7) of section 8 to the construction of a pipeline, or a notice given to the Minister by a person, other than the Board, under subsection (1) of section 40 in relation to the proposed construction of a pipeline, shall, where the proposed pipeline is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an "environmental impact statement") of the proposed pipeline.

( b ) Where an application is made by the Board or a notice is given by a person, other than the Board, in relation to a proposed pipeline which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed pipeline would be likely to have significant effects on the environment, he shall require the Board or other person, as the case may be, to submit an environmental impact statement in respect of the proposed pipeline.

(2) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Board or other person, as the case may be, shall, as soon as may be, publish in one or more newspapers circulating in the area of the proposed pipeline a notice—

( a ) stating that application has been made, or notice has been given, as the case may be, in relation to the proposed construction of the pipeline and indicating the location and nature of the proposed pipeline,

( b ) stating that an environmental impact statement has been prepared in respect of the proposed pipeline,

( c ) naming a place where a copy of the environmental impact statement may be inspected free of charge or purchased by any interested person,

( d ) specifying the times and the period (being the prescribed period) during which the environmental impact statement can be so inspected or purchased,

( e ) stating that any person may during the prescribed period make submissions or observations to the Minister in relation to the effects on the environment of the propose pipeline.

(3) Copies of the environmental impact statement shall be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.

(4) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Board or other person, as the case may be, shall, as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that submissions or observations may be made to the Minister during the prescribed period in relation to the effects on the environment of the proposed pipeline.

(5) ( a ) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the Minister shall have regard to the said statement, to any submissions or observations made to him during the prescribed period in relation to the effects on the environment of the proposed pipeline, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subsection (7) of this section.

( b ) The Minister may, where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section and where he considers it necessary so to do, require the Board or other person, as the case may be, to furnish to him such further information in relation to the effects on the environment of the proposed pipeline as the Minister may specify.

(6) ( a ) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, exempt an application or notice or a proposed application or notice from the requirement of subsection (1) (a) of this section.

( b ) The Minister in granting an exemption under paragraph (a) of this subsection may, by order, apply such other requirements in relation to the application or notice, or the proposed application or notice, as the case may be, as he considers necessary or appropriate.

( c ) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting it and of any other requirements applied under paragraph (b) of this subsection shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area of the proposed pipeline.

(7) ( a ) Where the Minister considers that a proposed pipeline in respect of which an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section would be likely to have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed pipeline.

( b ) The Minister shall notify any Member State of the European Communities with which consultation takes place under paragraph (a) of this subsection of his decision on an application made to him by the Board or arising from notice given to him by a person other than the Board, as the case may be.

(8) Notice of the Minister's decision on an application by the Board or arising from notice given to him by a person other than the Board shall, in the case of a proposed pipeline in respect of which an environmental impact statement was submitted in accordance with a requirement of or under subsection (1) of this section, be published in the Iris Oifigiúil and in one or more newspapers circulating in the area of the proposed pipeline.

(9) The provisions of this section are without prejudice to section 8 (9) of this Act.".

21 Amendment of Fisheries Act, 1980 .

21.

21. The Fisheries Act, 1980 (No. 1 of 1980) is hereby amended by the insertion after section 54 of the following section:—

"Environmental impact assessment in relation to certain applications for aquaculture licences.

54A.—(1) ( a ) An application to the Minister under section 54 (9) for an aquaculture licence for the culture of salmonid fish shall, where the proposed aquaculture is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, be accompanied by a statement of the likely effects on the environment (hereinafter referred to as an "environmental impact statement") of the proposed aquaculture.

( b ) Where an application under section 54 (9) for an aquaculture licence for the culture of salmonid fish relates to aquaculture which would be of a class referred to in paragraph (a) of this subsection but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the Minister considers that the proposed aquaculture would be likely to have significant effects on the environment, he shall require the applicant to submit an environmental impact statement in respect of the proposed aquaculture.

(2) Where an environmental impact statement has been submitted in accordance with a requirement of or under subsection (1) of this section, the applicant shall, as soon as may be, publish in one or more newspapers circulating in the vicinity of the location of the proposed aquaculture a notice—

( a ) stating that he has applied to the Minister for an aquaculture licence and indicating the location and nature of the proposed aquaculture,

( b ) stating that an environmental impact statement has been prepared in respect of the proposed aquaculture,

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