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

( 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 aquaculture.

• (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 aquaculture.

• (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 aquaculture, 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 aquaculture 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.

( 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 Oifigúil and in one or more newspapers circulating in the vicinity of the location of the proposed aquaculture.

• (7) ( a ) Where the Minister considers that proposed aquaculture 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 aquaculture.

( 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 relevant application for an aquaculture licence.

• (8) Notice of the Minister's decision in relation to an application for an aquaculture licence in respect of which an environmental impact assessment 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 aquaculture.".

22 Amendment of Urban Renewal Act, 1986 .

22.

22. The Urban Renewal Act, 1986 (No. 19 of 1986) is hereby amended by:—

( a ) the insertion after section 12 of the following section:

"Environmental impact assessment of certain redevelopment in Custom House Docks Area

12A.—(1) ( a ) Where development proposed in a planning scheme being prepared pursuant to section 12 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, or where such a development would be of such a class but for not exceeding a quantity, area or other limit for the time being specified in relation to that class and the Authority consider it likely to have significant effects on the environment, the Authority shall prepare a statement of the likely effects on the environment (hereinafter referred to as an "environmental impact statement") of that development.

( b ) An environmental impact statement prepared pursuant to paragraph (a) 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) The Authority shall, when consulting with Dublin Corporation pursuant to section 12 (3) (b), furnish to the Corporation a copy of any environmental impact statement prepared pursuant to subsection (1) (a).

• (3) The Authority shall, in arranging for making of submissions by interested persons pursuant to section 12 (3) (d), make available to such persons, for inspection or for purchase on payment of such fee as may be fixed by the Authority not exceeding the reasonable cost of making the copy, any environmental impact statement prepared pursuant to subsection (1) (a).

• (4) The Authority before submitting a planning scheme to the Minister pursuant to section 12 (4) shall have regard to any environmental impact statement prepared pursuant to subsection (1) (a), and to the views of Dublin Corporation and interested persons in relation to the effects on the environment of the proposed development in respect of which the environmental impact statement was prepared.

• (5) The Authority shall, when submitting a planning scheme for approval of the Minister pursuant to section 12 (4), furnish to the Minister a copy of any environmental impact statement prepared pursuant to subsection (1) (a) in respect of development proposed in the scheme and the views, in any, of Dublin Corporation and interested persons in relation to the effects on the environment of the development concerned.

• (6) Before modifying or approving a planning scheme under section 12 (5) the Minister shall have regard to any environmental impact statement prepared by the Authority pursuant to subsection (1) (a) and to the views, if any, of Dublin Corporation and interested persons in relation to the effects on the environment of the development concerned.

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

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

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

( b ) the insertion after section 12 (5) of the following subsection:

• "(5A) Notice of approval by the Minister of a planning scheme incorporating development in respect of which an environmental impact statement was prepared in accordance with section 12A (1) (a) (as inserted by the European Communities (Environmental Impact Assessment) Regulations, 1989) shall be published in the Iris Oifigiúil and in at least one daily newspaper published in the State.".

PART IV ENVIRONMENTAL IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY STATE AUTHORITIES

23 Environmental impact assessment of certain development by State authorities.

23.

23. (1) ( a ) A State authority shall, before undertaking any development of a class specified under Article 24 of these Regulations, or any development which would be of such a class but for not exceeding a quantity, area or other limit specified in relation to such class and which in the view of the State authority would be likely to have significant effects on the environment, prepare a statement of the likely effects on the environment (hereinafter referred to as an "environmental impact statement") of the proposed development.

( b ) An environmental impact statement shall contain the information specified under Article 25 of these Regulations.

• (2) ( a ) A State authority may, where it considers that exceptional circumstances so warrant and after consultation with the Minister for the Environment, decide that subarticle (1) (a) of this article shall not apply in relation to proposed development.

( b ) Where a State authority decides that the provisions of the said subarticle shall not apply in relation to proposed development, it may apply such other requirements to such proposed development as it considers necessary or appropriate.

( c ) Notice of any decision made under paragraph (a) of this subarticle, of the reasons for it and of any other requirements applied under paragraph (b) of this subarticle shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area in which the proposed development would be situated.

• (3) Where an environmental impact statement has been prepared in accordance with subarticle (1) of this article the State authority concerned shall, as soon as may be—

( a ) publish in one or more newspapers circulating in the area in which the proposed development would be situated a notice—

• (i) indicating the location and nature of the proposed development,

• (ii) stating that an environmental impact statement has been prepared in respect of the proposed development,

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

• (iv) specifying the times and the period (being a period of not less than one month) during which the environmental impact statement can be so inspected or purchased,

• (v) stating that any person may during the said period make submissions or observations to the State authority in relation to the effects on the environment of the proposed development.

( b ) furnish copies of the environmental impact statement to the planning authority in whose functional area the proposed development would be situated and to such other bodies as may be concerned with the proposal by virtue of their statutory functions, and shall indicate that submissions or observations may be submitted to the State authority in relation to the effects on the environment of the proposed development during the period specified in the notice published pursuant to the foregoing paragraph.

• (4) Where a State authority considers that proposed development in respect of which an environmental impact statement has been prepared in accordance with subarticle (1) of this article 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, the authority shall consult that Member State in relation to the effects on the environment of the proposed development.

• (5) 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 of the statement.

• (6) A State authority shall, before making a decision to undertake development in respect of which an environmental impact statement has been prepared in accordance with subarticle (1) of this article, have regard to the environmental impact statement, to any submissions or observations received in accordance with this article in relation to the effects on the environment of the proposed development, and to the views of other Member States of the European Communities arising from consultation, if any, pursuant to subarticle (4) of this article.

• (7) ( a ) Notice of the decision of a State authority in relation to proposed development in respect of which an environmental impact statement has been prepared in accordance with subarticle (1) of this article shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the area in which the proposed development would be situated.

( b ) The State authority shall notify any Member State of the European Communities with which consultation has taken place under subarticle (4) of this article of their decision in relation to the proposed development concerned.

• (8) In this article "State authority" means any authority being a Minister of the Government or the Commissioners of Public Works in Ireland.

• (9) This article shall not apply to any case where proposed development is otherwise required, under these Regulations or any other statutory provision, to comply with procedures for the purpose of giving effect to the Council Directive.

PART V MISCELLANEOUS

24 Specified development.

24.

24. Development of the classes set out in Part I and Part II of the First Schedule is hereby specified for the purposes of these Regulations.

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

25.

25. An environmental impact statement for the purposes of these Regulations or of any enactment as amended or adapted by these Regulations shall contain the information specified in paragraph 2 of the Second Schedule and may also contain the information specified in paragraph 3 of that Schedule.

26 Saver for certain development.

26.

26. Statutory provisions (including these Regulations) relating to the Council Directive shall not apply in relation to any development for the purposes of the defence of the State.

Article 24

FIRST SCHEDULE

DEVELOPMENT FOR THE PURPOSES OF THESE REGULATIONS

PART I

( a ) where the installation produces asbestos-cement products, with an annual production of more than 20,000 tonnes of finished products; or

( b ) where the installation produces friction material, with an annual production of more than 50 tonnes of finished products; or

( c ) in other cases, where the installation would utilise more than 200 tonnes of asbestos per year.

PART II

( a ) The use of uncultivated land or semi-natural areas for intensive agricultural purposes, where the area involved would be greater than 100 hectares.

( b ) Water-management projects for agriculture, where the catchment area involved would be greater than 1,000 hectares, or where more than 50 hectares of wetlands would be affected.

( c ) (i) Initial afforestation, where the area involved would be greater than 200 hectares; the replacement of broadleaf high forest by conifer species, where the area involved would be greater than 10 hectares.

• (ii) Land reclamation for the purposes of conversion to another type of land use, where the area involved would be greater than 100 hectares.

( d ) Poultry-rearing installations, where the capacity would exceed 100,000 units and where units have the following equivalents;

1 broiler = 1 unit

1 layer, turkey or other fowl = 2 units.

( e ) Pig-rearing installations, where the capacity would exceed 1,000 units on gley soils or 3,000 units on other soils and where units have the following equivalents;

1 pig = 1 unit

1 sow = 10 units.

( f ) Seawater salmonid breeding installations with an output which would exceed 100 tonnes per annum; all salmonid breeding installations consisting of cage rearing in lakes; all salmonid breeding installations upstream of drinking water intakes; other freshwater salmonid breeding installations which would exceed 1 million smolts and with less than 1 cubic metre per second per 1 million smolts low flow diluting water.

( g ) Reclamation of land from the sea, where the area of reclaimed land would be greater than 20 hectares.

( a ) Peat extraction which would involve a new or extended area of 50 hectares.

( b ) All geothermal drilling and drilling for the storage of nuclear waste material; drilling for water supplies where the expected supply would exceed 5,000 cubic metres per day.

( c ) All extraction of minerals within the meaning of the Minerals Development Acts, 1940 to 1979.

( d ) Extraction of stone, gravel, sand or clay, where the area involved would be greater than 5 hectares.

( e ) All extraction of petroleum (excluding natural gas).

( f ) All onshore extraction of natural gas; offshore extraction of natural gas where the extraction would take place within 10 kilometres of the shoreline.

( g ) All surface industrial installations for the extraction of coal, petroleum (excluding natural gas), natural gas, ores, or bituminous shale.

( h ) All coke ovens (dry coal distillation).

( i ) All installations for the manufacture of cement.

( a ) Industrial installations for the production of electricity, steam and hot water (other than installations comprehended by Part I of this Schedule) with a heat output of 300 megawatts or more.

( b ) Industrial installations for carrying gas, steam and hot water with a potential heat output of 300 megawatts or more; transmission of electrical energy by overhead cables where the voltage would be 200 KV or more.

( c ) Installations for surface storage of natural gas, where the storage capacity would exceed 200 tonnes.

( d ) Installations for underground storage of combustible gases, where the storage capacity would exceed 200 tonnes.

( e ) Installations for surface storage of fossil fuels, where the storage capacity would exceed 100,000 tonnes.

( f ) Installations for industrial briquetting of coal and lignite, where the production capacity would exceed 150 tonnes per day.

( g ) All installations for the production or enrichment of nuclear fuels.

( h ) All installations for the reprocessing of irradiated nuclear fuels.

( i ) All installations for the collection and processing of radioactive waste (other than installations comprehended by Part I of this Schedule).

( j ) Installations for hydroelectric energy production with an output of 20 megawatts or more, or where the new or extended superficial area of water impounded would be 30 hectares or more, or where there would be a 30 per cent. change in the maximum, minimum or mean flows in the main river channel.

( a ) Iron and steelworks, including foundries with a batch capacity of 5 tonnes or more, and forges, drawing plants and rolling mills where the production area would be greater than 500 square metres (other than installations comprehended by Part I of this Schedule).

( b ) Installations for the production (including smelting, refining, drawing and rolling) of non-ferrous metals excluding precious metals, where the melting capacity would exceed 0.5 tonnes or where the production area would be greater than 500 square metres.

( c ) Installations for pressing, drawing and stamping of large castings, where the production area would be greater than 500 square metres.

( d ) Installations for surface treatment and coating of metals, where the production area would be greater than 100 square metres.

( e ) Installations for boilermaking, manufacture of reservoirs, tanks and other sheet-metal containers, where the production area would be greater than 500 square metres.

( f ) All installations for manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines.

( g ) Shipyards, where the area would be 5 hectares or more, or with capacity for vessels of 10,000 tonnes or more (deadweight).

( h ) All installations for the construction of aircraft with a seating capacity exceeding 10 passengers.

( i ) Manufacture of railway equipment, where the production area would be greater than 3,000 square metres.

( j ) Swaging by explosives, where the floor area involved would be greater than 100 square metres.

( k ) All installations for the roasting and sintering of metallic ores.

Installations for the manufacture of glass, where the production capacity would exceed 5,000 tonnes per annum.

( a ) All installations for treatment of intermediate products and production of chemicals (other than installations comprehended by Part I of this Schedule).

( b ) All installations for production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides.

( c ) (i) Storage facilities for petroleum, where the storage capacity would exceed 50,000 tonnes,

• (ii) Storage facilities for petrochemical and chemical products, where such facilities are isolated storage to which the provisions of Regulations 12 to 18 of the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 ( S.I. No. 292 of 1986 ) apply.

( a ) Installations for manufacture of vegetable and animal oils and fats, where the capacity for processing raw materials would exceed 40 tonnes per day.

( b ) Installations for packing and canning of animal and vegetable products, where the capacity for processing raw materials would exceed 100 tonnes per day.

( c ) Installations for manufacture of dairy products, where the processing capacity would exceed 50 million gallons of milk equivalent per annum.

( d ) All installations for commercial brewing and distilling; installations for malting, where the production capacity would exceed 100,000 tonnes per annum.

( e ) Installations for confectionery and syrup manufacture, where the production capacity would exceed 50,000 tonnes per annum.

( f ) Installations for the slaughter of animals, where the daily capacity would exceed 1,500 units and where units have the following equivalents;

1 sheep = 1 unit

1 pig = 2 units

1 head of cattle = 5 units.

( g ) All industrial starch manufacturing installations.

( h ) All fish-meal and fish-oil factories.

( i ) All sugar factories.

( a ) All wool scouring, degreasing or bleaching factories.

( b ) All installations for manufacture of fibre board, particle board or plywood.

( c ) All installations for manufacture of pulp, paper or board.

( d ) Fibre-dyeing factories, where the dyeing capacity would exceed 1 tonne per day of fibre or yarn.

( e ) Cellulose-processing and production installations, where the production capacity would exceed 10,000 tonnes per annum.

( f ) Tannery, leather-dressing or fell-mongering factories, where the capacity would exceed 100 skins per day.

Installations for manufacture and treatment of elastomer-based products, where the production capacity would exceed 10,000 tonnes per annum.

( a ) Industrial-estate development projects, where the area would exceed 15 hectares.

( b ) Urban-development projects which would involve an area greater than 50 hectares in the case of projects for new or extended urban areas, and an area greater than 2 hectares within existing urban areas.

( c ) Ski-lifts and cable-cars, where the length would exceed 500 metres.

( d ) (i) construction of a new road (other than a motorway comprehended by the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 ( S.I. No. 221 of 1988 )) of four or more lanes, or the realignment or widening of an existing road so as to provide four or more lanes, where such new, realigned or widened road would be eight kilometres or more in length in a rural area, or 500 metres or more in length in an urban area.

• (ii) construction of a new bridge which would be 100 metres or more in length.

• (iii) new or extended harbours (other than a trading port comprehended by Part I of this Schedule), where the area, or additional area, of water enclosed would be 20 hectares or more, or which would involve the reclamation of 5 hectares or more of land, or which would involve the construction of additional quays exceeding 500 metres in length.

• (iv) all aerodromes (other than aerodromes comprehended by Part I of this Schedule) with paved runways exceeding 800 metres in length.

( e ) Canalization and flood-relief works, where the catchment area involved would be greater than 5,000 hectares.

( f ) Dams and other installations designed to hold water or to store it on a long-term basis, where the new or extended area of water impounded would be 30 hectares or more.

( g ) All tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport.

( h ) Oil and gas pipelines exceeding 80 kilometres in length.

( i ) Installation of overground aqueducts with a diameter of 1,000 millimetres or more and a length of 500 metres or more.

( j ) Sea water marinas where the number of berths would exceed 300 and fresh water marinas where the number of berths would exceed 100.

( a ) Holiday villages involving more than 100 holiday homes, stationary caravans or trailers; hotel complexes having an area of 20 hectares or more or an accommodation capacity exceeding 400 beds.

( b ) All permanent racing and test tracks for cars and motor cycles.

( c ) Installations for the disposal of industrial and domestic waste with an annual intake greater than 25,000 tonnes (other than installations comprehended by Part I of this Schedule).

( d ) Waste water treatment plants with a capacity greater than 10,000 population equivalent.

( e ) Sludge-deposition sites where the expected annual deposition is 5,000 tonnes of sludge (wet).

( f ) Storage of scrap iron, where the site area would be greater than 5 hectares.

( g ) Test benches for engines, turbines or reactors, where the floor area would exceed 500 square metres.

( h ) All installations for manufacture of artificial mineral fibres.

( i ) All installations for manufacture, packing, loading or placing in cartridges of gunpowder and explosives.

( j ) All knackers' yards in built-up areas.

( b ) Modifications of developments of a class mentioned in paragraphs 1, 2 (other than nuclear installations), 4, 5, or 6 of Part I of this Schedule which would increase the productive capacity of the development concerned by 20 per cent. or more.

( c ) (i) Any extension of the runways of an aerodrome of a class mentioned in paragraph 7 of Part I of this Schedule which would increase the runway length by 30 per cent. or more.

• (ii) Any modification of a port, inland waterway or inland waterway port of a class mentioned in paragraph 8 of Part I of this Schedule which would increase its traffic handling capacity by 20 per cent. or more.

Article 25

SECOND SCHEDULE

INFORMATION TO BE CONTAINED IN AN ENVIRONMENTAL IMPACT STATEMENT

( a ) a description of the development proposed, comprising information about the site and the design and size or scale of the development;

( b ) the data necessary to identify and assess the main effects which that development is likely to have on the environment;

( c ) a description of the likely significant effects, direct and indirect, on the environment of the development, explained by reference to its possible impact on—

human beings;

flora;

fauna;

soil;

water;

air;

climate;

the landscape;

the inter-action between any of the foregoing;

material assets;

the cultural heritage;

( d ) where significant adverse effects are identified with respect to any of the foregoing, a description of the measures envisaged in order to avoid, reduce or remedy those effects; and

( e ) a summary in non-technical language of the information specified above.

( a ) the physical characteristics of the proposed development, and the land-use requirements during the construction and operational phases;

( b ) the main characteristics of the production processes proposed, including the nature and quantity of the materials to be used;

( c ) the estimated type and quantity of expected residues and emissions (including pollutants of surface water and groundwater, air, soil and substrata, noise, vibration, light, heat and radiation) resulting from the proposed development when in operation;

( d ) (in outline) the main alternatives (if any) studied by the applicant, appellant or authority and an indication of the main reasons for choosing the development proposed, taking into account the environmental effects;

( e ) the likely significant direct and indirect effects on the environment of the development proposed which may result from—

• (i) the use of natural resources;

• (ii) the emission of pollutants, the creation of nuisances, and the elimination of waste;

( f ) the forecasting methods used to assess any effects on the environment about which information is given under subparagraph (e); and

( g ) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any specified information.

In paragraph (e), "effects" includes secondary, cumulative, short, medium and long term, permanent, temporary, positive and negative effects.

GIVEN under the Official Seal of the Minister for the Environment

this 19th day of December, 1989.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for the incorporation into Irish law, in respect of relevant development other than motorways, of Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. Effect was given to this Directive in respect of motorways by the European Communities (Environmental Impact Assessment) (motorways) Regulations, 1988 ( S.I. No. 221 of 1988 ).

The Regulations modify the provisions of the Local Government (Planning and Development) Acts, 1963 to 1983 so as to provide a framework for the application of Environmental Impact Assessment (EIA) to the planning control procedures under those Acts, and for the application of EIA to relevant development by local authorities. They also modify development consent procedures under 9 other enactments in light of the Directive's requirements, and they establish an EIA procedure for relevant development by State authorities. The Regulations specify, in the First and Second Schedules respectively, the development for which EIA will be required and the information which must be furnished in an environmental impact statement prepared in connection with proposed development.