S.I. No. 261/1997 - Local Government (Planning and Development) (No. 3) Regulations, 1997

S.I. No. 261 of 1997.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) (NO. 3) REGULATIONS, 1997

The Minister for the Environment, in exercise of the powers conferred on him

• (i) by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), by section 4 of that Act as amended by section 43 of the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976) and Article 6 of the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), by section 21 of that Act as amended by section 43 of the Local Government (Planning and Development) Act, 1976 , by section 25 of that Act as amended by section 39 of the Local Government (Planning and Development) Act, 1976 , Article 7 of the European Communities (Environmental Impact Assessment) Regulations, 1989 and Article 5 of the European Communities (Environmental Impact Assessment) Regulations, 1994 ( S.I. No. 84 of 1994 ), by section 78 of that Act as amended by Article 10 of the European Communities (Environmental Impact Assessment) Regulations, 1989, section 3 of the Local Government (Planning and Development) Act, 1993 (No. 12 of 1993) and Article 8 of the European Communities (Environmental Impact Assessment) Regulations 1994, and

• (ii) by section 35 of the Local Government (Planning and Development) Act, 1976 ,

• (iii) by section 18 of the Local Government (Planning and Development) Act, 1992 (No. 14 of 1992) as amended by Article 9 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994,

hereby makes the following Regulations:

1 Citation

1.

1. (1) These Regulations may be cited as the Local Government (Planning and Development) (No. 3) Regulations, 1997.

• (2) The collective citation, "the Local Government (Planning and Development) Regulations, 1994 to 1997" shall include these Regulations.

2 Commencement

2.

2. These Regulations shall come into operation on the 24th day of June, 1997.

3 Interpretation

3.

3. In these Regulations, "the 1994 Regulations" means the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 ).

4 Amendment of Part I of the 1994 Regulations

4.

4. Article 3(3) of the 1994 Regulations is hereby amended by the insertion, after the definition of "State authority", of the following definition:

' "waste licence" means a waste licence under Part V of the Waste Management Act, 1996 (No. 10 of 1996).'.

5 Amendment of Part II of the 1994 Regulations

5.

5. Article 6 of the 1994 Regulations is hereby amended -

• (i) by the substitution in paragraph (a) for " (a) to (o) " of "(a) to (s)", and

• (ii) by the substitution in paragraph (b) for " (p) to (u) " of (t) to (y)

6 Amendment of Part IV of the 1994 Regulations

6.

6. Articles 15(2), 17(1)(c), 18(1)(i), 24(3)(a)(i), 25(2)(b)(i), 25(3)(b)(ii)(1), 26(2)(b)(ii)(1), 28(2)(a)(i). 30(2) (b) (ii), 31 (1) (b) (v), 32(1) (j), 32(2) (e), and 34(2) of the 1994 Regulations are hereby amended by the insertion of the following after " Environmental Protection Agency Act, 1992 ":

", or a waste licence,".

7 Amendment of Part V of the 1994 Regulations

7.

7. Articles 58 (a) and 61 (2) (b) (ii) of the 1994 Regulations are hereby amended by insertion of the following after " Environmental Protection Agency Act, 1992 ":

", or a waste licence,".

8 Amendment of Part IX of the 1994 Regulations

8.

8. (1) Article 115 of the 1994 Regulations is hereby amended by the substitution of the following sub-article for sub-article (1):

• "(1) This Part shall not apply to development proposed to be carried out by or on behalf of a local authority outside the functional area of the local authority or development of a facility in relation to which a waste licence is required.".

• (2) Article 127 of the 1994 Regulations is hereby amended by the insertion of the following sub-article after sub-article (2):

• "(3) Sub-article (2) shall not operate to prejudice, restrict or affect in any way any condition attached to a waste licence granted in respect of a development certified in accordance with Article 119.".

9 Amendment of Part X of the 1994 Regulations

9.

9. Article 130 of the 1994 Regulations is hereby amended by the insertion in paragraph (h) after "the disposal of waste" of "not being development which comprises or is for the purposes of an activity in relation to which a waste licence is required.".

10 Amendment of Second Schedule to the 1994 Regulations

10.

10. Class 38 specified in Column 1 of Part 1 of the Second Schedule to the 1994 Regulations is hereby amended by the addition of the following paragraph:

• "(f) the carrying out of development in compliance with a notice under section 55 of the Waste Management Act, 1996 (No. 10 of 1996).".

Given under the Official Seal of the Minister for the Environment

this 19th day of June, 1997.

Brendan Howlin

Minister for the Environment

EXPLANATORY NOTE

These Regulations make a number of amendments to the Local Government (Planing and Development) Regulations 1994 ( S.I. No. 86 of 1994 ).

The amendments are largely consequential on recent regulations, made under the Waste Management Act, 1996 , which introduced a licensing system for waste disposal activities. Such activities, including local authority operations, will now require a waste licence from the Environmental Protection Agency. The Regulations include a number of amendments to ensure that the planning process operates in a fashion consistent with the new licensing regime. The requirement for local authority development to be certified by the Minister for the Environment where Environmental Impact Assessment is required will no longer apply to developments requiring a waste licence. Instead the EPA will consider the environmental impact statement as part of the application for a waste licence. The Regulations also exempt from planning permission development carried out in compliance with a notice under section 55 of the Waste Management Act.

The Regulations also make technical amendments to Article 6 of the 1994 Regulations, which prescribes the number of copies of the draft development plan that prescribed consults are to receive.