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

• “(4)

  • (a) Without prejudice to subsection (3)(d) of this section, if a person, before making an application for a licence in respect of which an environmental impact statement must be submitted in accordance with regulations under this section, so requests, the Minister shall, after consulting such person 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 or her powers under this Act or regulations made thereunder to require the person concerned to furnish further information in relation to the effects on the environment of the aquaculture concerned.

  FIRST SCHEDULE

  Development for the purposes of these regulations

  Article 24

Part I

• (b) A nuclear power station or other nuclear reactor including the dismantling or decommissioning of such a power station or reactor ¹ (except a research installation for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1kW continuous thermal load).

• (b) Installations designed—

—for the production or enrichment of nuclear fuel,

—for the processing of irradiated nuclear fuel or high level radioactive waste,

—for the final disposal of irradiated fuel,

—solely for the final disposal of radioactive waste,

—solely for the storage (planned for more than 10 years) of irradiated fuels or radioactive waste in a different site than the production site.

• (b) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

• (a) in case the installation produces asbestos-cement products, where the annual production would exceed 20,000 tonnes of finished products,

• (b) in case the installation produces friction material, where the annual production would exceed 50 tonnes of finished products, or

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

• (a) for the production of basic organic chemicals,

• (b) for the production of basic inorganic chemicals,

• (c) for the production of phosphorous, nitrogen or potassium based fertilisers (simple or compound fertilisers),

• (d) for the production of basic plant health products and of biocides,

• (e) for the production of basic pharmaceutical products using a chemical or biological process,

• (f) for the production of explosives.

• (b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

• (b) In all other cases, works for the transfer of water resources between river basins, where the multiannual average flow of the basin of abstraction exceeds 2,000 million cubic metres/year and where the amount of water transferred exceeds 5% of this flow.

• (a) 85,000 places for broilers, 60,000 places for hens;

• (b) 3,000 places for production pigs (over 30 kg); or

• (c) 900 places for sows.

18.

• (a) production of pulp from timber or similar fibrous materials;

• (b) production of paper and board with a production capacity exceeding 200 tonnes per day.

19.

20.

21.

Part II

• (a) Projects for the restructuring of rural land holdings, where the area to be restructured would be greater than 100 hectares.

• (b) The use of uncultivated land or semi-natural areas for intensive agricultural purposes, where the area to be used for such purposes would be greater than 100 hectares.

• (c) Water management projects for agriculture, including irrigation and land drainage projects, where the catchment area involved would be greater than 1,000 hectares, or where more than 20 hectares of wetland would be affected.

• (d) (i) Initial afforestation, where the area involved, either on its own or taken together with any adjacent area planted by or on behalf of the applicant within the previous three years, would result in a total area planted exceeding 70 hectares, and for the purposes of this subparagraph an area, other than an area planted before 1 October, 1996, shall be deemed to be adjacent if its nearest point lies within 500 metres of any part of the area involved.

• (ii) Replacement of broadleaf high forest by conifer species, where the area involved would be greater than 10 hectares.

• (iii) Deforestation for the purpose of conversion to another type of land use, where the area to be deforested would be greater than 10 ha of natural woodlands or 70 hectares of conifer forest.

• (e) (i) Installations for intensive rearing of poultry not included in Part I of this Schedule which would have more than 40,000 places for poultry.

• (ii) Installations for intensive rearing of pigs not included in Part I of this Schedule which would have more than 2,000 places for production pigs (over 30 kg) in a finishing unit, more than 400 places for sows in a breeding unit or more than 200 places for sows in an integrated unit.

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

• (g) Reclamation of land from the sea, where the area of reclaimed land would be greater than 10 hectares.

• (a) Peat extraction not included in Part I of this Schedule which would involve a new or extended area of 50 hectares.

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

• (c) All extraction of minerals within the meaning of the Minerals Development Acts, 1940 to 1995.

• (d) Extraction of stone, gravel, sand or clay by marine dredging (other than maintenance dredging), where the area involved would be greater than 5 hectares or, in the case of fluvial dredging (other than maintenance dredging), where the length of river involved would be greater than 500 metres.

• (e) All geothermal drilling and drilling for the storage of nuclear waste material; drilling, other than test drilling, for water supplies, where the expected supply would exceed 2 million cubic metres per annum.

• (f) All surface industrial installations for the extraction of coal, petroleum (excluding natural gas), ores or bituminous shale not included in Part I of this Schedule.

• (g) All extraction of petroleum (excluding natural gas) not included in Part I of this Schedule.

• (h) All onshore extraction of natural gas and offshore extraction of natural gas (where the extraction would take place within 10 kilometres of the shoreline) not included in Part I of this Schedule.

• (a) Industrial installations for the production of electricity, steam and hot water not included in 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, or transmission of electrical energy by overhead cables not included in Part I of this Schedule, 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 the 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) Installations for the processing and storage of radioactive waste not included in Part I of this Schedule.

• (h) 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.

• (i) Installations for the harnessing of wind power for energy production (wind farms) with more than 5 turbines or having a total output greater than 5MW.

• (a) All installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting.

• (b) Installations for the processing of ferrous metals:

• (i) hot-rolling mills and smitheries with hammers, where the production area would be greater than 500 square metres,

• (ii) application of protective fused metal coats, where the production area would be greater than 100 square metres.

• (c) Ferrous metal foundries with a batch capacity of 5 tonnes or more or where the production area would be greater than 500 square metres.

• (d) Installations for the smelting, including the alloyage, of non-ferrous metals, excluding precious metals, including recovered products (refining foundry casting etc), where the melting capacity would exceed 0.5 tonnes or where the production area would be greater than 500 square metres.

• (e) Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process, where the production area would be greater than 100 square metres.

• (f) All installations for manufacture and assembly of motor vehicles or 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 (dead-weight).

• (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 100 square metres.

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

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

• (a) All coke ovens (dry coal distillation).

• (b) All installations for the manufacture of cement.

• (c) All installations for the production of asbestos and the manufacture of asbestos based products not included in Part I of this Schedule.

• (d) Installations for the manufacture of glass, including glass fibre, where the production capacity would exceed 5,000 tonnes per annum.

• (e) All installations for smelting mineral substances including the production of mineral fibres.

• (f) Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain with a production capacity, exceeding 75 tonnes per day, and/or with a kiln capacity exceeding 4 cubic metres and with a setting density per kiln exceeding 300 kg per cubic metre.

• (a) Installations for treatment of intermediate products and production of chemicals using a chemical or biological process.

• (b) All installations for production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides using a chemical or biological process.

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

• (d) Storage facilities for petrochemical and chemical products, where such facilities are isolated storage to which the provisions of Articles 9, 11 and 13 of Council Directive 96/82/EC 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) 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 100,000 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 installations for the production of paper and board not included in Part I of this Schedule.

• (b) Plants for the pre-treatment (operations such as washing, bleaching, mercerisation or dyeing of fibres or textiles), where the treatment capacity would exceed 10 tonnes per day.

• (c) Plants for the tanning of hides and skins, where the treatment capacity would exceed 100 skins per day.

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

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) (i) Construction of more than 500 dwelling units.

• (ii) Construction of car-parks providing more than 400 spaces.

• (iii) Construction of shopping centres with a gross floor space exceeding 10,000 square metres (calculated in accordance with article 100(2) of the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 )).

• (iv) Urban development (other than that referred to in sub-paragraphs (i) to (iii)) which would involve an area greater than 2 hectares in the case of a business district, 10 hectares in the case of other parts of a built-up area, and 20 hectares elsewhere.

(In this paragraph, “business district” means a district within a city or town in which the predominant land use is retail or commercial use.)

• (c) All construction of railways and of intermodal transhipment facilities and of intermodal terminals not included in Part I of this Schedule which would exceed 15 hectares in area.

• (d) All airfields not included in Part I of this Schedule with paved runways which would exceed 800 metres in length.

• (e) New or extended harbours and port installations, including fishing harbours, not included in 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.

• (f) (i) Inland waterway construction not included in Part I of this Schedule which would extend over a length exceeding 2 km.

• (ii) Canalisation and flood relief works, where the immediate contributing sub-catchment of the proposed works (i.e. the difference between the contributing catchments at the upper and lower extent of the works) would exceed 1,000 hectares or where more than 20 hectares of wetland would be affected or where the length of river channel on which works are proposed would be greater than 2 km.

• (g) Dams and other installations not included in Part I of this Schedule which are designed to hold water or store it on a long-term basis, where the new or extended area of water impounded would be 30 hectares or more.

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

• (i) (I) Oil pipelines and associated installations not included in Part I of this Schedule, where the length of new pipeline would exceed 40 km.

• (II) Gas pipelines and associated installations not included in Part I of this Schedule, where the design pressure would exceed 16 bar and the length of new pipeline would exceed 40 kilometres.

• (j) Installation of overground aqueducts which would have a diameter of 1,000 millimetres or more and a length of 500 metres or more.

• (k) Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dikes, moles, jetties and other sea defence works, where the length of coastline on which works would take place would exceed 1km, but excluding the maintenance and reconstruction of such works or works required for emergency purposes.

• (l) Groundwater abstraction and artificial groundwater recharge schemes not included in Part I of this Schedule where the average annual volume of water abstracted or recharged would exceed 2 million cubic metres.

• (m) Works for the transfer of water resources between river basins not included in Part I of this Schedule where the annual volume of water abstracted or recharged would exceed two million cubic metres.

11. Other projects

• (a) All permanent racing and test tracks for motorised vehicles.

• (b) Installations for the disposal of waste with an annual intake greater than 25,000 tonnes not included in Part I of this Schedule.

• (c) Waste water treatment plants with a capacity greater than 10,000 population equivalent as defined in Article 2(6) of Directive 91/271/EEC not included in Part I of this Schedule.

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

• (e) Storage of scrap iron, including scrap vehicles where the site area would be greater than 5 hectares.

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

• (g) All installations for the manufacture of artificial mineral fibres.

• (h) All installations for the manufacture, packing, loading or placing in cartridges of gunpowder and explosives or for the recovery or destruction of explosive substances.

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

12. Tourism and Leisure

• (a) Ski-runs, ski-lifts and cable-cars where the length would exceed 500 metres and associated developments.

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

• (c) Holiday villages which would consist of more than 100 holiday homes outside built-up areas; hotel complexes outside built-up areas which would have an area of 20 ha or more or an accommodation capacity exceeding 300 bedrooms.

• (d) Permanent camp sites and caravan sites where the number of pitches would be greater than 100.

• (e) Theme parks occupying an area greater than 5 ha.

13. Changes, extensions, development and testing

• (a) Any change or extension of development which would—

• (i) result in the development being of a class listed in Part I or paragraphs 1 to 12 of Part II of this Schedule, and

• (ii) result in an increase in size greater than—

—25%, or

—an amount equal to 50% of the appropriate threshold,

whichever is the greater.

• (b) Projects in Part I undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.

(In this paragraph, an increase in size is calculated in terms of the unit of measure of the appropriate threshold.)

SECOND SCHEDULE

Information to be contained in an Environmental Impact Statement

Article 25

• (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 development is likely to have on the environment.

• (d) An outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects.

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

• (ii) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

• (iii) 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 development;

• (b) a description of the aspects of the environment likely to be significantly affected by the proposed 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 development on the environment resulting from:

—the existence of the proposed 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 developer in compiling the required information.

THIRD SCHEDULE

Criteria specified for the purposes of article 27

Article 27

The characteristics of proposed development, in particular:

—the size of the proposed development,

—the cumulation with other proposed development,

—the use of natural resources,

—the production of waste,

—pollution and nuisances,

—the risk of accidents, having regard to substances or technologies used.

The environmental sensitity of geographical areas likely to be affected by proposed development, having regard in particular to:

—the existing land use,

—the relative abundance, quality and regenerative capacity of natural resources in the area,

—the absorption capacity of the natural environment, paying particular attention to the following areas:

• (a) wetlands,

• (b) coastal zones,

• (c) mountain and forest areas,

• (d) nature reserves and parks,

• (e) areas classified or protected under legislation, including special protection areas designated pursuant to Directives 79/409/EEC and 92/43/EEC,

• (f) areas in which the environmental quality standards laid down in legislation of the EU have already been exceeded,

• (g) densely populated areas,

• (h) landscapes of historical, cultural or archaeological significance.

The potential significant effects of proposed development in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to:

—the extent of the impact (geographical area and size of the affected population),

—the transfrontier nature of the impact,

—the magnitude and complexity of the impact,

—the probability of the impact,

—the duration, frequence and reversibility of the impact.

	GIVEN under the Official Seal of the Minister for the Environmental and Local Government, this 14th day of April, 1999.
	NOEL DEMPSEY
	Minister for the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to transpose Directive 97/11/EC of 3 March, 1997 (O.J. No. 73/5, 14 March, 1997) relating to environmental impact assessment into Irish law. The Regulations contain amendments to the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998, and to provisions relating to environmental impact assessment in Local Government (Planning and Development) Acts, 1963 to 1998, and a number of other Acts, The Regulations come into operation on 1 May, 1999.

The amendments enable a person who is required to submit an environmental impact statement in respect of a proposed development to request the competent authority concerned to provide an opinion on the information to be contained in the statement. They also re-state and extend certain existing provisions, including those relating to the classes of development which require an environmental impact statement, and the procedures to be followed in the case of a proposed development which would be located on an environmentally sensitive site or be likely to have significant effects on the environment in another Member State of the European Communities.

Further amendments to the planning system to give effect to Directive 97/11/EC are contained in the Local Government (Planning and Development) Regulations, 1999 ( S.I. No. 92 of 1999 ).

Footnotes