S.I. No. 93/1999 - European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999

The Minister for the Environment and Local Government, 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 3 March, 1997 (No. 97/11/EC, O.J. No. L73/5, 14 March, 1997), hereby makes the following regulations—

PART I Preliminary and General

1.

• (2) These regulations, the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 ( S.I. No. 84 of 1994 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1996 ( S.I. No. 101 of 1996 ), and the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 ), shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1999.

2.

• (2) Notwithstanding sub-article (1), where an application for consent for development to which these regulations refer is made before the date of coming into operation of these regulations, the provisions of the appropriate enactment, before they were amended by these regulations, shall continue to apply to the said application.

• (3) 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.

• (4) In this article, “application for consent for development” means—

• (a) an application for planning permission or certification of development to be carried out by or on behalf of a local authority under the Planning Acts, 1963 to 1998;

• (b) an appeal to An Bord Pleanála under the Planning Acts, 1963 to 1998;

• (c) a relevant application under the Foreshore Act, 1933 ;

• (d) a drainage scheme submitted to the Minister for Finance under the Arterial Drainage Acts, 1945 and 1995;

• (e) an application for a harbour works order under the Harbours Act. 1946;

• (f) a plan for working of petroleum submitted to the Minister for the Marine and Natural Resources under the Petroleum and Other Minerals Development Act, 1960 ;

• (g) an application or a notice to the Minister for Public Enterprise relating to the construction of a pipeline under the Gas Act, 1976 ;

• (h) an application for approval of a proposed road development under the Roads Acts, 1993 and 1998;

• (i) an application for a light railway order under the Transport (Dublin Light Rail) Act, 1996 ;

• (j) a planning scheme submitted to the Minister for the Environment and Local Government under the Dublin Docklands Development Authority Act, 1997 .

3.

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

“the Act of 1992” means the Local Government (Planning and Development) Act, 1992 (No. 14 of 1992);

“the Birds Directive” means Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979);

“built-up area” means an existing city or town or an adjoining developed area;

“the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998” has the meaning assigned to it in the 1998 Regulations;

“the Habitats Directive” means Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992);

“the Planning Acts, 1963 to 1998” has the meaning assigned to it in the Local Government (Planning and Development) Act, 1998 (No. 9 of 1998);

“special area of conservation” has the meaning assigned to it in Regulation 2 of the European Communities (Natural Habitats) Regulations. 1997 ( S.I. No. 94 of 1997 );

“the 1989 Regulations” means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ).

“the 1998 Regulations” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 ).

• (2) In these regulations save where the context otherwise requires—

• (a) any reference to a Part or a Schedule which is not otherwise identified is a reference to a Part of or Schedule to 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 the Planning Acts, 1963 to 1998, and the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998.

4.

• (a) the addition after sub-paragraph (vii) of paragraph (cc) of subsection (2) thereof, as inserted by article 7 of the 1989 Regulations, of the following subparagraph—

• “(viii) matters of procedure in relation to the making of a request for and the giving of a written opinion pursuant to subsection (6) of this section,”;

• (b) the substitution for paragraph (a) of subsection (3) thereof, as inserted by article 7 of the 1989 Regulations, of the following paragraph—

• “(a) At the request of an applicant or of a person intending to apply for permission, the Minister may, subject to paragraph (e) of this subsection, 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.”;

• (c) the addition after paragraph (d) of subsection (3) thereof, as amended by article 3 of the 1998 Regulations, of the following paragraph—

• “(e) An exemption shall not be granted under paragraph (a) of this subsection in respect of proposed development if another Member State of the European Communities, having been informed about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;

• (d) the addition after subsection (5) thereof, as inserted by article 3 of the 1998 Regulations, of the following subsection—

• “(6)

  • (a) If an applicant or a person intending to apply for permission, before submitting an environmental impact statement in accordance with a requirement of or under regulations under this section, so requests, the relevant planning authority shall give a written opinion on the information to be contained in such statement.

  • (b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the planning authority concerned of its powers pursuant to the Planning Acts, 1963 to 1998, or any regulations made thereunder, to require the person who made the request to submit further information relative to the application concerned.”.

5.

• (a) the addition after paragraph (1) of subsection (2) thereof, as inserted by article 10 of the 1989 Regulations, of the following paragraph—

• “(m) provide for matters of procedure in relation to the making of a request for and the giving of a written opinion pursuant to subsection (4) of this section.”;

• (b) the substitution for paragraph (a) of subsection (3) thereof, as inserted by article 10 of the 1989 Regulations, of the following paragraph—

• “(a) The Minister may, subject to paragraph (d) of this subsection, 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.”;

• (c) the addition after paragraph (c) of subsection (3) thereof, as amended by article 5 of the 1998 Regulations, of the following paragraph—

• “(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of proposed development if another Member State of the European Communities, having been informed about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;

• (d) the addition after subsection (3) thereof, as inserted by article 10 of the 1989 Regulations, of the following subsection—

• “(4)

  • (a) If a local authority, before preparing an environmental impact statement in accordance with regulations made under subsection (2) of this section, so requests, the Minister shall give a written opinion on the information to be contained in such statement.

  • (b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the Minister of his powers pursuant to the Planning Acts, 1963 to 1998, or any regulations made thereunder, to require the local authority which made the request to furnish further information in relation to the application for certification of the proposed development concerned.”.

6.

“7A. (1) If an applicant, before submitting an environmental impact statement to the Board in accordance with a requirement of or under regulations under this Act, so requests, the Board shall give a written opinion on the information to be contained in such statement.

• (2) The giving of a written opinion in accordance with paragraph (a) of this section shall not prejudice the exercise by the Board of its powers pursuant to this Act or any regulations made thereunder, to require the applicant to submit specified information in relation to the appeal.

• (3) the Minister may by regulations provide for matters of procedure in relation to the making of a request for and the giving of a written opinion pursuant to this section.”.

7.

“27. The criteria set out in the Third Schedule are hereby specified for the purposes of this article.”.

8.

• (a) the substitution for the First and Second Schedules (as amended by article 7 of the 1998 Regulations) thereto of the First and Second Schedules respectively to these regulations;

• (b) the insertion following the Second Schedule thereto of the Third Schedule to these regulations.

PART III Amendment of Miscellaneous Enactments.

9.

• (a) the insertion after subsection (2) of section 13A thereof, as inserted by article 13 of the 1989 Regulations, of the following subsections—

• “(2A) Where a relevant application would involve the undertaking of development which would—

  • (a) 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

  • (b) be located on—

    • (i) a special area of conservation,

    • (ii) a site notified in accordance with Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ),

    • (iii) an area classified pursuant to paragraph (1) or (2) of article 4 of Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979),

    • (iv) a site where consultation has been initiated in accordance with article 5 of Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992),

    • (v) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976) ,

    • (vi) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 , ( No. 39 of 1976 ),

    the Minister shall decide whether the said development would or would not be likely to have significant effects on the environment.

• (2B) The Minister shall, where he is deciding pursuant to this section whether a proposed development would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.

• (2C) Where the Minister makes a decision pursuant to subsection (2A) on whether a proposed development would or would not be likely to have significant effects on the environment, he shall make arrangements to make the said decision available for inspection by members of the public.”;

• (b) the insertion after subsection (3) of section 13A thereof, as inserted by article 13 of the 1989 Regulations, of the following subsection—

• “(3A)

  • (a) If a person, before submitting an environmental impact statement in accordance with a requirement of or under this section, so requests, the Minister shall, after consulting the person who made the request and such bodies as may be prescribed for that purpose, give a written opinion on the information to be contained in such statement.

  • (b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the Minister of his powers under this Act to require the person who made the request to furnish further information in relation to the effects on the environment of development proposed in the relevant application concerned.”;

• (c) the substitution for paragraph (a) of subsection (4) of section 13A thereof, as inserted by article 13 of the 1989 Regulations, of the following paragraph—

• “(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, exempt a relevant application or a proposed relevant application from the requirement of subsection (1) of this section.”;

• (d) the addition after paragraph (c) of subsection (4) of section 13A thereof, as amended by article 8 of the 1998 Regulations, of the following paragraph—

• “(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of a relevant application or a proposed relevant application if another Member State of the European Communities, having been informed pursuant to section 19C of this Act about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;

• (e) the substitution for subsection (1) of section 19B thereof, as inserted by article 13 of the 1989 Regulations, of the following subsection—

• “(l) 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, if any, furnished by other Member States of the European Communities pursuant to section 19C of this Act.”;

• (f) the substitution for section 19C thereof, as inserted by article 13 of the 1989 Regulations, of the following section—

“19C. (1) Where the Minister considers that proposed development, which is the subject of an environmental impact statement 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 of the European Communities considers that the said development would be likely to have the said effects and so requests, he shall, as soon as possible, send to that other Member State—

• (a) a description of the proposed development and any available information on its possible effects on the environment in that Member State, and

• (b) information on the nature of the decision which may be taken,

and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.

• (2) Where a Member State of the European Communities which has received information pursuant to subsection (1) of this section indicates that it wishes to furnish views on the likely effects on the environment of the proposed development, the Minister shall, if he has not already done so, send to that Member State—

  • (a) a copy of the environmental impact statement, and

  • (b) relevant information about the procedure for making a decision on the relevant application concerned.

• (3) The Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to subsection (2) of this section regarding the potential effects of the proposed development on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.

• (4) The Minister shall notify a Member State of the European Communities to which information was sent pursuant to subsection (2) of this section of his decision on the relevant application concerned.”;

• (g) the substitution for section 21A thereof, as inserted by article 13 of the 1989 Regulations, of the following section—

“21A. When a decision is taken 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, the Minister shall—

• (a) publish notice of the decision 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,

• (b) make arrangements to make the said statement and information on the decision available for inspection by members of the public during a period to be specified by him.”.

10.

• (a) the addition after sub-paragraph (ii) of paragraph (b) of subsection (2A) of section 4 thereof, as inserted by article 16 of the 1989 Regulations, of the following sub-paragraph—

• “(iii) The Minister shall, where he is deciding pursuant to this subsection whether proposed drainage works would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.”;

• (b) the addition after paragraph (c) of subsection (2A) of section 4 thereof, as inserted by article 16 of the 1989 Regulations, of the following paragraphs—

• “(d) If the Commissioners, before submitting a drainage scheme which is required in accordance with this subsection to contain an environmental impact statement, so request, the Minister shall, after consulting the Commissioners and such bodies as may be prescribed by the Minister by regulations for that purpose, give a written opinion on the information to be contained in such statement.

• (e) The giving of a written opinion in accordance with paragraph (d) of this subsection shall not prejudice the exercise by the Minister of his powers pursuant to this Act to require the Commissioners to furnish further information in relation to the effects on the environment of the proposed drainage works.”;

• (c) the substitution for paragraph (a) of subsection (2B) of section 4 thereof, as inserted by article 16 of the 1989 Regulations, of the following paragraph—

• “(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, exempt a drainage scheme or a proposed drainage scheme from the requirement of paragraph (a) of subsection (2A) of this Section.”;

• (d) the addition after paragraph (c) of subsection (2B) of section 4 thereof, as amended by article 10 of the 1998 Regulations, of the following paragraph—

• “(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of a drainage scheme or a proposed drainage scheme if another Member State of the European Communities, having been informed pursuant to subsection (4) of section 7 of this Act about the proposed drainage works and their likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;

• (e) the substitution for subsection (3) of section 7 thereof, as inserted by article 16 of the 1989 Regulations, of the following subsection—

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

  • (a) the Minister shall—

    • (i) have regard to the said statement, to any observations received by the Commissioners or the Minister in relation to the effects on the environment of the proposed drainage works, and to the views, if any, furnished by other Member States of the European Communities pursuant to subsection (4) of this section,

    • (ii) 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, a notice stating his decision in relation to the scheme, and

  • (b) the Commissioners shall, when a decision is taken on the drainage scheme concerned, make the said statement and information on the decision available for inspection by members of the public during a period to be specified by the Minister.”;

• (f) the substitution for subsection (4) of section 7 thereof, as inserted by article 16 of the 1989 Regulations, of the following subsection—

• “(4)

  • (a) Where the Minister considers that proposed drainage works, which are the subject of an environmental impact statement in accordance with subsection (2A) of section 4 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 of the European Communities considers that the said drainage works would be likely to have the said effects and so requests, he shall, as soon as possible, send to that other Member State—

    • (i) a description of the proposed drainage works and any available information on their possible effects on the environment in that Member State, and

    • (ii) information on the nature of the decision which may be taken,

    and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.

  • (b) Where a Member State of the European Communities which has received information pursuant to paragraph (a) of this subsection indicates that it wishes to furnish views on the likely effects on the environment of the proposed drainage works, the Minister shall, if he has not already done so, send to that Member State—

    • (i) a copy of the environmental impact statement, and

    • (ii) relevant information about the procedure for making a decision on the drainage scheme concerned.

  • (c) The Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection regarding the potential effects of the proposed drainage works on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.

  • (d) The Minister shall notify a Member State of the European Communities which was sent information pursuant to paragraph (b) of this subsection of his decision on the drainage scheme concerned.”.

11.

• (a) the substitution for subsection (9) of section 134 thereof, as inserted by article 17 of the 1989 Regulations, of the following subsection—

• “(9) When a decision is taken on an application for a harbour works order which contained an environmental impact statement in accordance with subsection (2A) of section 138 of the Act—

  • (a) 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 application relates notice of the decision,

  • (b) the relevant harbour authority shall make the said statement and information on the decision available for inspection by members of the public during a period to be specified by the Minister.”;

• (b) the substitution for paragraphs (cc) and (ccc) of subsection (1) of section 136 thereof, as inserted by article 17 of the 1989 Regulations, 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, if any, furnished by other Member States of the European Communities pursuant to paragraph (ccc) of this subsection,

• (ccc) (i) the Minister shall, where he considers that proposed works, which are the subject of an environmental impact statement 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 of the European Communities considers that the said works would be likely to have the said effects and so requests, as soon as possible, send to that other Member State a description of the proposed works and any available information on their possible effects on the environment in that Member State, and information on the nature of the decision which may be taken, and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects,

• (ii) where a Member State of the European Communities which has received information pursuant to sub-paragraph (i) of this paragraph indicates that it wishes to furnish views on the likely effect on the environment of the proposed works, the Minister shall, if he has not already done so, send to that Member State a copy of the environmental impact statement, and relevant information about the procedure for making a decision on the relevant application for a harbour works order,

• (iii) the Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to sub-paragraph (ii) of this paragraph regarding the potential effects of the proposed works on the environment in that Member State and the measures envisaged to reduce or eliminate such effects,

• (iv) the Minister shall notify a Member State of the European Communities to which information was sent pursuant to sub-paragraph (ii) of this paragraph of his decision on the relevant application for a harbour works order.”;

• (c) the addition after sub-paragraph (ii) of paragraph (b) of subsection (2A) of section 138 thereof, as inserted by article 17 of the 1989 Regulations, of the following sub-paragraph—

• “(iii) The Minister shall, where he is deciding pursuant to this subsection whether proposed works would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.”;

• (d) the addition after paragraph (c) of subsection (2A) of section 138 thereof, as inserted by article 17 of the 1989 Regulations, of the following paragraphs—

• “(d) If a harbour authority, before submitting an application for a harbour works order which is required in accordance with this subsection to contain an environmental impact statement, so requests, the Minister shall, after consulting the harbour authority concerned and such bodies as may be specified by the Minister for that purpose, give a written opinion on the information to be contained in such statement.

• (e) The giving of a written opinion in accordance with paragraph (d) of this subsection shall not prejudice the exercise by the Minister of his powers pursuant to this Act to require the relevant harbour authority to furnish further information in relation to the effects on the environment of the proposed works.”;

• (e) the substitution for paragraph (a) of subsection (2B) of section 138 thereof, as inserted by article 17 of the 1989 Regulations, of the following paragraph—

• “(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, exempt proposed works from the requirement of paragraph (a) of subsection (2A) of this section.”;

• (f) the addition after paragraph (c) of subsection (2B) of section 138, as amended by article 11 of the 1998 Regulations, of the following paragraph—

• “(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of proposed works if another Member State of the European Communities, having been informed pursuant to section 136 of this Act about the proposed works and their likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”.

12.

• (a) the substitution for subsection (1) of section 13A thereof, as inserted by article 19 of the 1989 Regulations, of the following subsection—

• “(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 1998) 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 (hereinafer 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.

  • (c) Where a plan submitted to the Minister under the terms of a lease under secton 13 of this Act seeks his approval for working of petroleum which would—

    • (i) 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

    • (ii) be located on—

      • (I) a special area of conservation,

      • (II) a site notified in accordance with Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ),

      • (III) an area classified pursuant to paragraph (1) or (2) of article 4 of Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979),

      • (IV) a site where consultation has been initiated in accordance with article 5 of Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992),

      • (V) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976),

      • (VI) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 (No. 39 of 1976),

      the Minister shall decide whether the proposed working would or would not be likely to have significant effects on the environment.

  • (d) The Minister shall, where he is deciding pursuant to this subsection whether a proposed working of petroleum would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.

  • (e) Where the Minister makes a decision pursuant to paragraph (c) on whether a proposed working of petroleum would or would not be likely to have significant effects on the environment, he shall make arrangements to make the said decision available for inspection by members of the public.

  • (f) 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.

  • (g) If a person, before submitting a plan which is required in accordance with this subsection to be accompanied by an environmental impact statement, so requests, the Minister shall, after consulting the person concerned and the bodies prescribed for that purpose, give a written opinion on the information to be contained in such statement.

  • (h) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Minister of his powers pursuant to this Act to require the person who made the request to furnish further information in relation to the effects on the environment of working of petroleum proposed in the plan concerned.”;

• (b) the substitution for paragraph (a) of subsection (5) of section 13A thereof, as inserted by article 19 of the 1989 Regulations, of the following paragraph—

• “(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, if any, furnished by other Member States of the European Communities pursuant to subsection (7) of this section.”;

• (c) the substitution for paragraph (a) of subsection (6) of section 13A thereof, as inserted by article 19 of the 1989 Regulations, of the following paragraph—

• “(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, exempt a plan or a proposed plan seeking approval for working of petroleum from the requirement of subsection (1)(a) of this section.”;

• (d) the addition after paragraph (c) of subsection (6) of section 13A thereof, as amended by article 12 of the 1998 Regulations, of the following paragraph—

• “(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of a plan or proposed plan relating to working of petroleum if another Member State of the European Communities, having been informed pursuant to subsection (7) of this section about the proposed working and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;

• (e) the substitution for subsection (7) of section 13A thereof, as inserted by article 19 of the 1989 Regulations, of the following subsection—

• “(7)

  • (a) Where the Minister considers that proposed working of petroleum, which is the subject of an environmental impact statement 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 of the European Communities considers that the said working would be likely to have the said effects and so requests, he shall, as soon as possible, send to that other Member State—

    • (i) a description of the proposed working and any available information on its possible effects on the environment in that Member State, and

    • (ii) information on the nature of the decision which may be taken,

    and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.

  • (b) Where a Member State of the European Communities which has received information pursuant to paragraph (a) of this subsection indicates that it wishes to furnish views on the likely effects on the environment of the proposed working, the Minister shall, if he has not already done so, send to that Member State—

    • (i) a copy of the environmental impact statement, and

    • (ii) relevant information about the procedure for making a decision on the plan concerned.

  • (c) The Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection regarding the potential effects of the proposed working on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.

  • (d) The Minister shall notify a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection of his decision on the plan concerned.”;

• (f) the substitution for subsection (8) of section 13A thereof, as inserted by article 19 of the 1989 Regulations, of the following subsection—

• “(8) When a decision is taken on an application for approval for 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, the Minister shall—

  • (a) publish notice of the decision in the Iris Oifigiúil and in at least one daily newspaper published in the State,

  • (b) make arrangements to make the said statement and information on the decision available for inspection by members of the public during a period to be specified by him”.

13.

• (a) the substitution for subsection (1) of section 40A thereof, as inserted by article 20 of the 1989 Regulations, of the following subsection—

• “(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.

  • (c) 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—

    • (i) be of a class referred to 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

    • (ii) be located on—

      • (I) a special area of conservation,

      • (II) a site notified in accordance with Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ),

      • (III) an area classified pursuant to paragraph (1) or (2) of article 4 of Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979),

      • (IV) a site where consultation has been initiated in accordance with article 5 of Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992),

      • (V) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976),

      • (VI) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 (No. 39 of 1976),

      the Minister shall decide whether the proposed pipeline would or would not be likely to have significant effects on the environment.

  • (d) The Minister shall, where he is deciding whether a proposed pipeline would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.

  • (e) Where the Minister makes a decision pursuant to paragraph (c) on whether a proposed pipeline would or would not be likely to have significant effects on the environment, he shall make arrangements to make the said decision available for inspection by members of the public.

  • (f) 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.

  • (g) If the Board or a person, before making an application or giving a notice (as the case may be), which is required in accordance with this subsection to be accompanied by an environmental impact statement, so requests, the Minister shall, after consulting the bodies prescribed for that purpose and the Board or person (as the case may be), give a written opinion on the information to be contained in such statement.

  • (h) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Minister of his powers pursuant to this Act to require the Board or person giving the notice (as the case may be) to furnish further information in relation to the effects on the environment of the proposed pipeline.”;

• (b) the substitution for paragraph (a) of subsection (5) of section 40A thereof, as inserted by article 20 of the 1989 Regulations, of the following paragraph—

• “(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, if any, furnished by other Member States of the European Communities pursuant to subsection (7) of this section.”;

• (c) the substitution for paragraph (a) of subsection (6) of section 40A thereof, as inserted by article 20 of the 1989 Regulations, of the following paragraph—

• “(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, exempt an application or notice or a proposed application or notice from the requirement of subsection (1)(a) of this section.”;

• (d) the addition after paragraph (c) of subsection (6) of section 40A thereof, as amended by article 13 of the 1998 Regulations, of the following paragraph—

• “(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of an application or notice or a proposed application or notice relating to a proposed pipeline if another Member State of the European Communities, having been informed pursuant to subsection (7) of this section about the proposed pipeline and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;

• (e) the substitution for subsection (7) of section 40A thereof, as inserted by article 20 of the 1989 Regulations, of the following subsection—

• “(7)

  • (a) Where the Minister considers that a proposed pipeline, which is the subject of an environmental impact statement 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 of the European Communities considers that the said pipeline would be likely to have the said effects and so requests, he shall, as soon as possible, send to that other Member State—

    • (i) a description of the proposed pipeline and any available information on its possible effects on the environment in that Member State, and

    • (ii) information on the nature of the decision which may be taken,

    and shall give to that Member State a reasonable time to indicate whether it wishes to furnish views on the said effects.

  • (b) Where a Member State of the European Communities which has received information pursuant to paragraph (a) of this subsection indicates that it wishes to furnish views on the likely effects on the environment of the proposed pipeline, the Minister shall, if he has not already done so, send to that Member State—

    • (i) a copy of the environmental impact statement, and

    • (ii) relevant information about the procedure for making a decision on the application or notice concerned.

  • (c) The Minister shall enter into consultations with a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection regarding the potential effects of the proposed pipeline on the environment in that Member State and the measures envisaged to reduce or eliminate such effects.

  • (d) The Minister shall notify a Member State of the European Communities to which information was sent pursuant to paragraph (b) of this subsection of his decision on the application or notice concerned.”;

• (f) the substitution for subsection (8) of section 40A thereof, as inserted by article 20 of the 1989 Regulations, of the following subsection—

• “(8) When a decision is taken on an application by the Board or arising from a notice given to him by a person other than the Board 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, the Minister shall—

  • (a) publish notice of his decision in the Iris Oifigiúil and in one or more newspapers circulating in the area of the proposed pipeline,

  • (b) make arrangements to make the said statement and information on the decision available for inspection by members of the public during a period to be specified by him.”.

14.

• (a) the insertion after paragraph (c) of subsection (1) of section 50 thereof of the following paragraphs—

• “(d) Where a proposed road development (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be located on:

• (i) a special area of conservation,

• (ii) a site notified in accordance with Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ),

• (iii) an area classified pursuant to paragraph (1) of (2) of article 4 of Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979),

• (iv) a site where consultation has been initiated in accordance with article 5 of Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992),

• (v) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976),

• (vi) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 (No. 39 of 1976),

the road authority concerned shall decide whether the proposed road development would or would not be likely to have significant effects on the environment, and if the authority decides that the proposed road development would be likely to have such effects, paragraph (c) shall apply accordingly.

• (e) Where a decision is being made pursuant to this subsection on whether a proposed road development would or would not be likely to have significant effects on the environment, the Minister or the road authority concerned (as the case may be) shall have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.

• (f) Where a road authority makes a decision pursuant to paragraph (d) on whether a proposed road development would or would not be likely to have significant effects on the environment, it shall make the said decision available for inspection by members of the public.”;

• (b) the substitution for subsections (2) and (3), as substituted by article 14 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 ), of section 50 thereof of the following subsections—

• “(2) An environmental impact statement shall contain the following specified information—

  • (a) a description of the proposed road development comprising information on the site, design and size of the proposed road development;

  • (b) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

  • (c) the data required to identify and assess the main effects which the proposed road development is likely to have on the environment;

  • (d) an outline of the main alternatives studied by the road authority concerned and an indication of the main reasons for its choice, taking into account the environmental effects;

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

• (3) An environmental impact statement shall, in addition to and by way of explanation or amplification of the specified information referred to in subsection (2), contain further information on the following matters—

  • (a) (i) a description of the physical characteristics of the whole proposed road development and the land-use requirements during the construction and operational phases,

    • (ii) an estimate, by type and quantity, of expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed road development;

  • (b) a description of the aspects of the environment likely to be significantly affected by the proposed road development, including in particular—

  —human beings, fauna and flora,

  —soil, water, air, climatic factors and the landscape,

  —material assets, including the architectural and archaeological heritage, and the cultural heritage,

  —the inter-relationship between the above factors;

  • (c) a description of the likely significant effects (including direct, indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative) of the proposed road development on the environment resulting from—

  —the existence of the proposed road development,

  —the use of natural resources,

  —the emission of pollutants, the creation of nuisances and the elimination of waste,

  and a description of the forecasting methods used to assess the effects on the environment;

  • (d) an indication of any difficulties (technical deficiencies or lack of know-how) encountered by the road authority concerned in compiling the required information;

  • (e) a summary in non-technical language of the above information;

  to the extent that such information is relevant to a given stage of the consent procedure and to the specific characteristics of the proposed road development or type of proposed road development concerned, and of the environmental features likely to be affected, and the road authority preparing the environmental impact statement may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment.”;

• (c) the insertion after subsection (3) of section 50 thereof of the following subsection—

• “(4)

  • (a) If a road authority, before submitting an environmental impact statement in accordance with section 51, so requests, the Minister shall, after consulting the road authority concerned and the bodies and persons referred to in paragraph (b) of subsection (3) of that section, give a written opinion on the information to be contained in such statement.

  • (b) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Minister of his powers pursuant to subsection (4) of section 51 to require the road authority concerned to furnish him with specified additional information in relation to the likely effects on the environment of the proposed road development.”;

• (d) the addition after paragraph (c) of subsection (3) of section 51 thereof of the following paragraph—

• “(d) where the environmental impact statement and a notice has been sent to the prescribed authority in Northern Ireland pursuant to paragraph (c), enter into consultations with that authority regarding the potential effects on the environment of the proposed road development and the measures envisaged to reduce or eliminate such effects.”;

• (e) the insertion after subsection (6) of section 51 thereof of the following subsection—

• “(6A) A notice published by the Minister pursuant to subsection (6) shall indicate the times at which, the period during which and the place where a copy of the decision and the relevant environmental impact statement may be inspected.”.

15.

• (a) the substitution for subsections (1) and (2), as amended by article 15 of the 1998 Regulations, of section 5 thereof of the following subsections—

• “(1) An environmental impact statement shall contain the following specified information—

  • (a) a description of the proposed light railway works comprising information on the site, design and size of the proposed light railway works;

  • (b) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

  • (c) the data required to identify and assess the main effects which the proposed light railway works are likely to have on the environment;

  • (d) an outline of the main alternatives studied by the Board and an indication of the main reasons for its choice, taking into account the environmental effects;

  • (e) a summary in non-technical language of the above information;

• (2) An environmental impact statement shall, in addition to and by way of explanation or amplification of the specified information referred to in subsection (1), contain further information on the following matters—

  • (a) (i) a description of the physical characteristics of the whole proposed light railway works and the land-use requirements during the construction and operational phases;

    • (ii) an estimate, by type and quantity, of expected residues and emissions (including water, air and soil pollution, noise, vibration, light, heat and radiation) resulting from the operation of the proposed light railway works;

  • (b) a description of the aspects of the environment likely to be significantly affected by the proposed light railway works, including in particular:

  —human beings, fauna and flora,

  —soil, water, air, climatic factors and the landscape,

  —material assets, including the architectural and archaeological heritage, and the cultural heritage,

  —the inter-relationship between the above factors;

  • (c) a description of the likely significant effects (including direct, indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative) of the proposed light railway works on the environment resulting from—

  —the existence of the proposed light railway works,

  —the use of natural resources,

  —the emission of pollutants, the creation of nuisances and the elimination of waste,

  and a description of the forecasting methods used to assess the effects on the environment;

  • (d) an indication of any difficulties (technical deficiencies or lack of know-how) encountered by the Board in compiling the required information;

  • (e) a summary in non-technical language of the above information;

  to the extent that such information is relevant to a given stage of the consent procedure and to the specific characteristics of the light railway works or type of light railway works concerned, and of the environmental features likely to be affected, and the Board may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment.”;

• (b) the addition after subsection (2) of section 5 thereof of the following subsection-

• “(2A)

  • (a) If the Board, before applying to the Minister for a light railway order, so requests, the Minister shall, after consulting the Board and such bodies as may be specified by the Minister for that purpose, give a written opinion on the information to be contained in an environmental impact statement.

  • (b) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Minister of his or her powers pursuant to this Act to require the Board to furnish further information in relation to the effects on the environment of the proposed light railway works.”.

16.

• (a) the substitution for subsection (1) thereof of the following subsection—

• “(1)

  • (a) Subject to section 25(1)(c), where development proposed in a planning scheme being prepared pursuant to section 25 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) Where development proposed in a planning scheme being prepared pursuant to section 25 would—

    • (i) be of a class referred to in article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or any provision amending or replacing the said article 24, but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and

    • (ii) be located on-

      • (I) a special area of conservation,

      • (II) a site notified in accordance with Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ),

      • (III) an area classified pursuant to paragraph (1) or (2) of article 4 of Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979),

      • (IV) a site where consultation has been initiated in accordance with article 5 of Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992),

      • (V) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976),

      • (VI) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 (No. 39 of 1976),

      the Authority shall decide whether the development proposed would or would not be likely to have significant effects on the environment.

  • (c) The Authority shall, where it is deciding pursuant to this subsection whether a proposed development would or would not be likely to have significant effects on the environment, have regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989.

  • (d) Where the Authority makes a decision pursuant to paragraph (b) on whether a development proposed would or would not be likely to have significant effects on the environment, it shall make the said decision available for inspection by members of the public.

  • (e) 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.

  • (f) If the Authority, before preparing an environmental impact statement pursuant to this subsection, so requests, the Minister shall, after consulting with the Authority, Dublin Corporation and such bodies as may be specified by the Minister for that purpose, give a written opinion on the information to be contained in such statement.

  • (g) The giving of a written opinion in accordance with this subsection shall not prejudice the exercise by the Minister of his powers pursuant to this Act to require the Authority to furnish further information in relation to the effects on the environment of the proposed development.”;

• (b) the insertion after subsection (7) thereof, as inserted by article 16 of the 1998 Regulations, of the following subsection-

• “(8) Where a decision is taken by the Minister on a planning scheme and an environmental impact statement was prepared in respect of the development concerned in accordance with subsection (1) of this section, the Authority shall make the said statement and information on the decision available for inspection by members of the public during a period to be specified by the Minister.”.

17.