PLANNING AND DEVELOPMENT ACT, 2000

and the Board may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.

• (2K) Notice of any decision by the Board to grant an exemption under subsection (2I), of the reasons for granting the exemption and of any requirements applied under subsection (2J) shall, as soon as may be—

• (a) be published in Iris Oifigiúil, on the Board’s website and in at least one daily newspaper published in the State, and

• (b) be given, together with a copy of the information, if any, made available to the members of the public in accordance with subsection (2J), to the European Commission.

• (2L)
• (a) The Board shall, in respect of an application for approval under subsection (2A), make its decision as expeditiously as possible having regard to the requirement for the carrying out of the proposed development by reason of an accident or emergency and may, in respect of such application—

• (i) approve the proposed development,

• (ii) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,

• (iii) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or

• (iv) refuse to approve the proposed development,

and may attach to an approval under subparagraph (i), (ii) or (iii) such conditions or compensatory measures, or both as the case may be, as it considers appropriate.

• (b) F973[The Minister concerned or a statutory undertaker] shall carry out or have carried out the proposed development to which the approval relates in accordance with any conditions attached to that approval.

• (2M)
• (a) The Board shall send a copy of the decision under subsection (2L)(a) to the Minister concerned, to any planning authority in whose area the proposed development shall be situated and to any person who made submissions or observations on the application for approval.

• F975[(aa) The Board shall, in the case of development proposed to be situated wholly or partly in the outer maritime area, send a copy of the decision under paragraph (a) of subsection (2L) to—

• (i) the Minister concerned,

• (ii) any coastal planning authority in whose nearshore area it is proposed that part of the development would be situated,

• (iii) the Maritime Area Regulatory Authority, and

• (iv) any person who made submissions or observations on the application for approval.]

• (b) The Board shall cause to be published as soon as may be, in one or more newspapers circulating in the area or areas and on its website, a notice informing the public of the decision under subsection (2L)(a).

• (c) The notice referred to in paragraph (b) shall state that details of the decision by the Board referred to in subsection (2N) shall be published on the website of the Board as soon as may be.

• (d) The notice shall state that a person may question the validity of any such decision by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50, 50A and 50B.

• (e) The notice shall identify where practical information on the review mechanism can be found.

• (2N) A decision of the Board under subsection (2L)(a) shall state—

• (a) the reasoned conclusion, in relation to the likely significant effects on the environment of the proposed development, and, where relevant, whether the development would have adverse effects on the integrity of a European site,

• (b) in relation to the decision of the Board under subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (2L), where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board is different from the recommendation in a report of a person assigned to report on behalf of the Board in relation to the application for approval, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,

• (c) where a decision to impose a condition (being a condition which arises from the consideration of the environmental impact assessment report or Natura impact statement, or both such report and such statement, in respect of the proposed development) in relation to any approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on behalf of the Board in relation to the application for approval, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,

• (d) in relation to the decision of the Board under subparagraph (i), (ii), (iii) or (iv) of paragraph (a) of subsection (2L), that the Board is satisfied that the reasoned conclusion on the likely significant effects on the environment or adverse effects on the integrity of a European site of the proposed development was up to date at the time of the taking of the decision,

• (e) that a person may question the validity of any such decision by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50, 50A and 50B, and

• (f) where practical information on the review mechanism can be found.

• (2O) An approval and the notification of the approval shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment or appropriate assessment, or both such assessments, as the case may be, and, where appropriate, the comments received in the course of the environmental impact assessment from an affected Member State of the European Union or a state that is a party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.

• (2P) In considering under subsection (2H) information furnished relating to the likely significant effects of a proposed development on the environment or adverse effects on the integrity of a European site, the Board shall have regard to, as appropriate—

• (a) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact, and

• (b) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact.

• (2Q) Nothing in subsections (2A) to (2AA) shall require the disclosure by a Minister of the Government, the Commissioners or the Board of details of the internal arrangements of a proposed development which might prejudice the internal or external security of the development or facilitate any unauthorised entrance to, or exit from, the development of any person when it is completed.

• (2R)
• (a) A Minister concerned who is considering whether to apply for approval for proposed development under subsection (2A) (referred to in this subsection and in subsections (2S), (2T), (2V) and (2W) as a "prospective applicant") may, before making the application, enter into consultations with the Board in relation to the proposed development.

• (b) The prospective applicant may notify the Board in writing of the intention of the prospective applicant to end the consultations with the Board referred to in paragraph (a) and, upon receipt of such notification by the Board, the consultations shall be deemed to have ended on the date of such receipt by the Board.

• (2S) In any consultations under subsection (2R), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding—

• (a) the procedures involved in making the application and in considering such application, and

• (b) what considerations related to the environment or a European site, may, in the opinion of the Board, have a bearing on its decision in relation to the application.

• (2T)
• (a) A prospective applicant who is considering whether to apply for approval for proposed development under subsection (2A) may apply to the Board—

• (i) for a determination under sections 176A and 176B or section 177U, as to whether a proposed development would be likely to have a significant effect on the environment F976[or, in respect of a proposed development not directly connected with or necessary to the management of a European site, would be likely to have a significant effect either individually or in combination with other plans or projects on a European site], as the case may be (and inform the prospective applicant of the determination), or

• (ii) for an opinion in writing prepared by the Board on what information will be required to be contained in an environmental impact assessment report or Natura impact statement or both that report and that statement as the case may be, in relation to the proposed development.

• (b) Sections 176A and 176B shall apply to a determination of the Board referred to in paragraph (a)(i) subject to the following modifications:

• (i) in sections 176A and 176B, "planning authority" or "authority" shall be read as "the Board";

• (ii) in section 176A(3), as if the following were omitted:

"and be accompanied by such fee as may be prescribed under section 246(1)(ca)";

• (iii) in section 176B(2)—

• (I) in paragraph (a), as if "4 weeks" were substituted for "3 weeks", and

• (II) in paragraph (b), as if "5 weeks" were substituted for "4 weeks";

• (iv) in section 176B(4), as if paragraph (ii) were omitted;

• (v) in section 176B, as if the following subsection were substituted for subsection (4A):

• "(4A) The notice under subsection (4) shall be placed with any application for approval under section 181(2A) subsequently made in respect of which an application for a screening for environmental impact assessment was made under section 176A(2).";

• (vi) in section 176B(5)—

• (I) as if paragraph (i) were omitted, and

• (II) as if the following paragraph were substituted for paragraph (ii):

• "(ii) stating that a person may question the validity of the screening determination for environmental impact assessment by the Board, by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50 and 50A,";

• (vii) any other necessary modifications have been made.

• (c) Section 176C shall not apply to a determination of the Board referred to in paragraph (a)(i).

• (2U) On receipt of such an application under subsection (2T)(a), the Board shall make its determination or give its opinion, as the case may be, as expeditiously as possible.

• (2V) A prospective applicant shall, for the purposes of—

• (a) consultations under subsection (2R), and

• (b) the making of a determination or the giving of an opinion by the Board on an application under subsection (2T)(a),

supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development.

• (2W)
• (a) Without prejudice to subsection (2V) and subject to paragraph (b), where a prospective applicant has made an application under subsection (2T)(a)(ii) for an opinion in relation to what information will be required to be contained in an environmental impact assessment report or Natura impact statement or both that report and that statement as the case may be, the Board shall, after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely significant effect on the environment F976[or, in respect of a proposed development not directly connected with or necessary to the management of a European site, its likely significant effect either individually or in combination with other plans or projects on a European site], give an opinion in writing on the scope and level of detail of the information to be included in such report or such statement or both that report and that statement as the case may be, subject to any consultations carried out by the Board in relation to such opinion.

• (b) The Board shall give the opinion before the submission by the prospective applicant of the environmental impact assessment report or Natura impact statement or both that report and that statement as the case may be.

• (2X) Where an opinion referred to in subsection (2W) has been provided, the environmental impact assessment report or Natura impact statement or both that report and that statement as the case may be, shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the likely significant effects on the environment of the proposed development or adverse effect on the integrity of a European site, taking into account current knowledge and methods of assessment.

• (2Y) Neither—

• (a) the holding of consultations under subsection (2R), nor

• (b) the provision of an opinion under subsection (2W),

shall prejudice the performance by the Board of any other of its functions under this Act or regulations made under this Act, or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.

• (2Z) The Board shall keep a record in writing of any consultations under this section in relation to a proposed development, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any application in respect of the proposed development relates.

• F966[(2AA) Where an application for approval is made to the Board under subsection (2A), or where further information is required by and furnished to the Board in relation to an application made under that subsection, the Minister concerned shall, simultaneously, forward a copy of the application, any environmental impact assessment report or Natura impact statement prepared in relation to the application and any further information provided in relation to the application, to—

• (a) the planning authority or each planning authority in whose functional area it is proposed to carry out the development, or

• (b) in the case of an application for approval for development in the outer maritime area, the Maritime Area Regulatory Authority,

and the Board, and any such planning authority or the Maritime Area Regulatory Authority (as may be appropriate), shall, as soon as may be thereafter, publish on their internet websites and make available for inspection at their offices during normal office hours—

• (i) that application,

• (ii) any such environmental impact assessment report,

• (iii) any such Natura impact statement, and

• (iv) any such further information.]]

F977[(3)(a) In this subsection—

F979[…]

"Minister concerned" means—

• (i) the Minister of the Government who proposes to carry out development to which this subsection applies, or have it carried out on his or her behalf, or

• (ii) the Minister for Public Expenditure and Reform where the Commissioners propose to carry out development to which this subsection applies, or have it carried out on their behalf.

• (b) This subsection applies to development (other than development prescribed for the time being under subsection (1) or in respect of which an order under subsection (2) is in force) F979[…] proposed to be carried out by or on behalf of a Minister concerned where that Minister is satisfied—

• (i) that the carrying out of the proposed development is urgent in order to preserve, protect or improve the quality of the environment or protect human health, and

• (ii) having had regard to Part X and Part XAB, that an environmental impact assessment or an appropriate assessment, or, as necessary, both such assessments, of the proposed development is required.

• (c) A Minister concerned, in relation to proposed development to which this subsection applies, may apply to the Board for approval.

• (d) Where a Minister concerned applies to the Board for approval under this subsection—

• (i) section 175 shall apply where the application for approval relates to proposed development where an environmental impact assessment is required, as it applies to such an application by a local authority, subject to the modifications that section 175 shall be read as if—

• (I) the following were substituted for subsection (1):

• “(1) Where development to which section 181(3) applies, belonging to a class of development identified for the purposes of section 176, is proposed to be carried out (in this section referred to as “proposed development”) by the Minister concerned within the meaning of section 181(3) (in this section referred to as the “Minister concerned”), that Minister concerned shall prepare, or cause to be prepared, an F978[environmental impact assessment report] in respect thereof.”,

• (II) in the section, other than as modified under clause (I), "Minister concerned" were substituted for "local authority",

• (III) in subsections (4)(b) and (5)(d)(ii), "prescribed authorities" and "prescribed authority" includes the local authority within whose functional area the proposed development is to be carried out, and

• (IV) any other necessary modifications have been made,

• (ii) section 177AE shall apply where the application for approval relates to proposed development where an appropriate assessment is required, as it applies to such an application by a local authority, subject to the modifications that section 177AE shall be read as if—

• F966[(I) the following were substituted for subsection (1):

• "(1) Where an appropriate assessment is required in respect of development (in this section referred to as “proposed development”) to which subsection (3) of section 181 applies, the Minister concerned (in this section referred to as the “Minister concerned”) within the meaning of that subsection shall prepare, or cause to be prepared, a Natura impact statement in respect thereof."]

• (II) in the section, other than as modified under clause (I), "Minister concerned" were substituted for "local authority",

• (III) in subsections (4)(b) and (5)(d)(ii), "prescribed authorities" and "prescribed authority" includes the local authority within whose functional area the proposed development is to be carried out, and

• (IV) any other necessary modifications have been made,

• (iii) F979[…]

• F966[(e) Where an application is made to the Board under this subsection, or where further information is required by and furnished to the Board in relation to an application made under this subsection, the Minister concerned shall at the same time forward a copy of the application, any environmental impact assessment report or Natura impact statement prepared in relation to the application and any further information provided in relation to the application, to—

• (i) the planning authority in whose functional area it is proposed to carry out the development, or

• (ii) in the case of an application for approval for development in the outer maritime area, the Maritime Area Regulatory Authority,

and the Board, and the planning authority or the Maritime Area Regulatory Authority (as may be appropriate), shall as soon as may be thereafter, publish on their internet websites and make available for inspection at their offices during normal office hours—

• (I) the application,

• (II) any environmental impact assessment report,

• (III) any Natura impact statement, and

• (IV) any such further information.]

• (f) Any matter or thing prescribed—

• (i) under section 175 or 176 shall apply as required to an application for approval for proposed development referred to at subparagraph (i) of paragraph (d),

• (ii) under section 177AD or 177AE shall apply as required to an application for approval for proposed development referred to at subparagraph (ii) of paragraph (d), or

• (iii) under section 175, 176 or 226 shall apply as required to an application for approval for proposed development referred to at subparagraph (iii) of paragraph (d).

• (g) The Board shall consider an application made in compliance with this subsection and shall make its decision as expeditiously as possible.

• (h) Section 32 or 225, as appropriate, shall not apply to a development in relation to which, under this subsection, the Board approves an application with or without modification.]

181A. F980[Approval of certain State development requiring environmental impact assessment.

181A.—(1) F981[Subject to section 181B(4) and (4A)], where a State authority proposes to carry out or have carried out development—

• (a) of a class specified in regulations made under section 181(1)(a), and

• F981[(b) identified as likely to have significant effects on the environment in accordance with section 176 or, in respect of such development not directly connected with or necessary to the management of a European site, likely to have a significant effect either individually or in combination with other plans or projects on a European site in accordance with section 177U,]

(hereafter referred to in this section and sections 181B and 181C as "proposed development"), the authority shall prepare, or cause to be prepared, an application for approval of the development under section 181B and an F982[F983[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] in respect of the development and shall apply to the Board for such approval accordingly.

• (2) F981[Subject to section 181B(4) and (4A)], the proposed development shall not be carried out unless the Board has approved it with or without modifications.

• (3) Before a State authority makes an application for approval under subsection (1), it shall—

• (a) publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—

• (i) stating that—

• (I) it proposes to seek the approval of the Board for the proposed development,

• (II) an F982[F984[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] has been prepared in respect of the proposed development,

• (III) where relevant, the proposed development is likely to have significant effects on the environment in another Member State of the European Communities or other party to the Transboundary Convention,

• (ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the application and the F982[F985[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),

• (iii) inviting the making, during such period, of submissions and observations to the Board relating to—

• (I) the implications of the proposed development for proper planning and sustainable development in the area or areas concerned, and

• (II) the likely F982[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development,

if carried out, and

• (iv) specifying the types of decision the Board may make, under section 181B, in relation to the application,

• F986[(v) stating that a person may question the validity of a decision of the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) and

• (vi) stating where practical information on the review mechanism can be found.]

• (b) send a copy of the application and the F982[F987[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] to the local authority or each local authority in whose functional area the proposed development would be situate and to any prescribed bodies, together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—

• (i) the implications of the proposed development for proper planning and sustainable development in the area concerned, and

• (ii) the likely F982[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development,

if carried out, and

• (c) where the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or a state which is a party to the Transboundary Convention, send a prescribed number of copies of the application and the F988[environmental impact assessment report] to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board.

• (4) The Board may—

• (a) if it considers it necessary to do so, require a State authority that has applied for approval for a proposed development to furnish to the Board such further information in relation to the effects on proper planning and sustainable development or the environment of the proposed development as the Board may specify, or

• (b) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the State authority that it is of that view and invite the State authority to make to the terms of the proposed development alterations specified in the notification and, if the State authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a F982[F989[revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] in respect of it.

• (5) If a State authority makes the alterations to the terms of the proposed development specified in a notification given to it under subsection (4), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section and section 181B.

• (6) The Board shall—

• (a) where it considers that any further information received pursuant to a requirement made under subsection (4)(a) contains significant additional data relating to—

• (i) the likely F982[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development, and

• (ii) the likely consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said development of such development,

or

• (b) where the State authority has made the alterations to the terms of the proposed development specified in a notification given to it under subsection (4)(b),

require the State authority to do the things referred to in subsection (7).

• (7) The things which a State authority shall be required to do as aforesaid are—

• (a) to publish in one or more newspapers circulating in the area or areas in which the proposed development would be situate a notice stating that, as appropriate—

• (i) further information in relation to the proposed development has been furnished to the Board, or

• (ii) the State authority has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a F982[F990[revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] in respect of the development has been furnished to the Board,

indicating the times at which, the period F991[(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)] during which and the place, or places, where a copy of the F992[information or the environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be, referred to in subparagraph (i) or (ii) may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy) and that submissions or observations in relation to F993[that information, report or statement] may be made to the Board before the expiration of the indicated period, and

• (b) to send to each prescribed authority to which a notice was given pursuant to subsection (3)(b) or (c)—

• (i) a notice of the furnishing to the Board of, as appropriate, the further information referred to in paragraph (a)(i) or the F994[information, report or statement] referred to in paragraph (a)(ii), and

• (ii) a copy of that further information, F995[information, report or statement],

and to indicate to the authority that submissions or observations F996[in relation to that further information, information, report or statement] may be made to the Board before the expiration of a period F997[(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)] beginning on the day on which the notice is sent to the prescribed authority by the State authority. ]

• F998[(8) The period referred to in subsection (7)(a) or (b) shall, in a case relating to a revised environmental impact assessment report, not be less than—

• (a) 30 days where the report has been furnished to the Board, and

• (b) 3 weeks where the report has not been furnished to the Board.]

181B. F999[Section 181A: criteria for decision, certain exemptions, etc.

181B.—(1) Before making a decision in respect of a proposed development the subject of an application under section 181A, the Board shall consider—

• (a) the F1000[F1001[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] submitted pursuant to section 181A(1) or (4), any submissions or observations made in accordance with section 181A(3) or (7) and any other information furnished in accordance with section 181A(4) relating to—

• (i) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the proposed development of such development, and

• (ii) the likely F1000[effects on the environment or adverse effects on the integrity of a European site] of the proposed development,

and

• (b) the report and any recommendations of a person conducting any oral hearing relating to the proposed development.

F1002[(2)(a) The Board may take the action specified in paragraph (b) where it is satisfied that—

• (i) exceptional circumstances so warrant,

• (ii) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and

• (iii) the objectives of the Environmental Impact Assessment Directive are otherwise met.

• (b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 181A(1) to prepare an environmental impact assessment report.

• (c) No exemption may be granted under paragraph (b) in respect of the proposed development where another Member State of the European Union or a state which is a party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it wishes to furnish views on those effects.

• (d) F1003[…]]

• (3) The Board shall, in granting an exemption under subsection (2), consider whether—

• (a) F1000[the effects, if any of the proposed development on the environment F1003[…]] should be assessed in some other manner, and

• (b) the information arising from such an assessment should be made available to the members of the public,

and it may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.

• F1005[(4) The Minister for Defence may, where he or she is satisfied that a proposed development or part of a proposed development is for the sole purpose of national defence, declare that the proposed development or relevant part of the proposed development is exempt from a requirement under section 181A(1), arising only on the basis that an environmental impact assessment of the proposed development is required, to apply for approval and prepare an environmental impact assessment report, if he or she considers that the application of section 181A or 181C would have adverse effects on such purpose.]

• F1006[(4A) A Minister of the Government may, where he or she is satisfied that a proposed development or part of a proposed development is for the sole purpose of responding to a civil emergency, declare that the proposed development or relevant part of the proposed development is exempt from a requirement under section 181A(1), arising only on the basis that an environmental impact assessment of the proposed development is required, to apply for approval and prepare an environmental impact assessment report, if he or she considers that the application of section 181A or 181C would have adverse effects on such purpose.]

• (5) Notice of any exemption granted under subsection (2) F1003[…], of the reasons for granting the exemption and, where appropriate, of any requirements applied under subsection (3) shall, as soon as may be—

• (a) be published in Iris Oifigiúil and in at least one daily newspaper published in the State, and

• (b) be given, together with a copy of the information, if any, made available to the members of the public in accordance with subsection (3), to the Commission of the European Communities.

• F1006[(5A) Notice of any exemption granted under subsection (4) or (4A) shall, as soon as may be, be published in Iris Oifigiúil and in at least one daily newspaper published in the State.]

• (6) F1007[The Board shall, in respect of an application under section 181A for approval of proposed development, make its decision within a reasonable period of time and may, in respect of such application]—

• (a) approve the proposed development,

• (b) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,

• (c) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or

• (d) refuse to approve the proposed development,

and may attach to an approval under paragraph (a), (b) or (c) such conditions as it considers appropriate.

• F1008[(6A) A decision of the Board under subsection (6) shall state—

• (a) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

• (b) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,

• (c) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for approval on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition, and

• (d) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision.

• (6B) A decision given under subsection (6) and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.]

• (7) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under subsection (6)(a), (b) or (c) a condition requiring—

• (a) the construction or the financing, in whole or in part, of the construction of a facility, or

• (b) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.

• (8) A condition attached pursuant to subsection (7) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval under this section operates of the benefits likely to accrue from the grant of the approval.

• (9) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of consultations under section 181C or applications for approval under section 181A.

• (10) Without prejudice to the generality of subsection (9), regulations under that subsection may make provision for requiring the Board to give information in respect of its decision regarding the proposed development for which approval is sought.

• (11) In considering under subsection (1) information furnished relating to the likely consequences for proper planning and sustainable development of a proposed development in the area in which it is proposed to situate such development, or on the environment, the Board shall have regard to—

• F1009[(a) in the case of proposed development on land or partly on land and partly in the nearshore area of a coastal planning authority, the development plan for the area,]

• F1010[(aa) in the case of proposed development wholly or partly in the maritime area, the National Marine Planning Framework,]

• (b) the provisions of any special amenity area order relating to the area,

• (c) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,

• (d) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact,

• (e) where relevant, the matters referred to in section 143, and

• (f) the provisions of this Act and regulations under this Act where relevant.

• (12) Regulations made under section 181(1)(b) shall not apply to any development which is approved under this section.

• (13) Nothing in this section or section 181A or 181C shall require the disclosure by a State authority or the Board of details of the internal arrangements of a development which might prejudice the internal or external security of the development or facilitate any unauthorised entrance to, or exit from, the development of any person when it is completed.

• (14) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section to the area in which the proposed development would be situated includes, if the context admits, a reference to the 2 or more areas in which the proposed development would be situated and cognate references shall be construed accordingly.]

181C. F1011[Procedures in advance of seeking approval under section 181B.

181C.—(1) A State authority (a "prospective applicant") which proposes to apply for approval under section 181B shall, before making the application, enter into consultations with the Board in relation to the proposed development.

• (2) In any consultations under subsection (1), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding—

• (a) the procedures involved in making the application, and

• (b) what considerations, related to proper planning and sustainable F1012[development, the environment or a European site], may, in the opinion of the Board, have a bearing on its decision in relation to the application.

• (3) A prospective applicant may request the Board—

• F1013[(a) to make a determination of whether a development of a class specified in regulations made under section 181(1)(a) which it proposes to carry out or have carried out is likely to have significant effects on the environment in accordance with section 176 or, in respect of such a development not directly connected with or necessary to the management of a European site, is likely to have a significant effect either individually or in combination with other plans or projects on a European site in accordance with section 177U (and inform the applicant of the determination), or]

• (b) to give to the applicant an opinion in writing prepared by the Board on what information will be required to be contained in an F1012[F1014[environmental impact assessment report or Natura impact statement or both that report and that statement] as the case may be] in relation to the proposed development.

• (4) On receipt of such a request, the Board shall comply with it as soon as is practicable.

• (5) A prospective applicant shall, for the purposes of—

• (a) consultations under subsection (1), and

• (b) the Board’s complying with a request under subsection (3),

supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development.

F1015[(5A)(a) Without prejudice to subsection (5) and subject to paragraph (b), where a prospective applicant has made a request under subsection (3)(b) in relation to what information will be required to be contained in an environmental impact assessment report, the Board shall, after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give an opinion in writing on the scope and level of detail of the information to be included in such report, subject to any consultations carried out by the Board in relation to such opinion.

• (b) The Board shall give the opinion before the submission by the prospective applicant of the environmental impact assessment report.

• (5B) Where an opinion referred to in subsection (5A) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]

• (6) Neither—

• (a) the holding of consultations under subsection (1), nor

• (b) the provision of an opinion under subsection (3),

shall prejudice the performance by the Board of any other of its functions under this Act or regulations under this Act, or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.

• (7) The Board shall keep a record in writing of any consultations under this section in relation to a proposed development, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any application in respect of the proposed development relates.]

182. Cables, wires and pipelines.

182.—(1) A local authority may, with the consent of the owner and occupier of any land not forming part of a public road, place, construct or lay, as may be appropriate, cables, wires or pipelines (including water pipes, sewers or drains) and any ancillary apparatus on, under or over the land, and may, from time to time, inspect, repair, alter, renew or remove any such cables, wires or pipelines.

• F1016[(1A) A local authority shall not be eligible to apply for approval referred to in subsection (1) for development on a maritime site, and no such approval shall be given to a local authority, unless the local authority—

• (a) is the holder of a maritime area consent granted for the occupation of the maritime site for the purposes of the proposed development,

• (b) is the owner of land on which it is proposed to carry out the development concerned, or

• (c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]

• (2) A local authority may, with the consent of the owner and of the occupier of any structure, attach to the structure any bracket or other fixture required for the carrying or support of any cable, wire or pipeline placed, erected or constructed under this section.

• (3) A local authority may erect and maintain notices indicating the position of cables, wires or pipelines placed, erected or constructed under this section and may, with the consent of the owner and of the occupier of any structure, affix such a notice to the structure.

• (4) Subsections (1) to (3) shall have effect subject to the proviso that—

• (a) a consent for the purposes of any of them shall not be unreasonably withheld,

• (b) if the local authority considers that such a consent has been unreasonably withheld, it may appeal to the Board, and

• (c) if the Board determines that such a consent was unreasonably withheld, it shall be treated as having been given.

• (5) The local authority may permit the use of any cables, wires or pipelines placed, erected or constructed under this section and of any apparatus incidental to the cables, wires or pipelines subject to such conditions and charges as it considers appropriate.

182A. F1017[Electricity transmission lines.

182A.—(1) F1018[Subject to subsection (1B) and section 182AA, where] a person (hereafter referred to in this section as the "undertaker") intends to carry out development comprising or for the purposes of electricity transmission, (hereafter referred to in this section and section 182B as "proposed development"), the undertaker shall prepare, or cause to be prepared, an application for approval of the development under section 182B and shall apply to the Board for such approval accordingly.

• F1019[(1A) An undertaker shall not be eligible to apply for approval referred to in subsection (1) for development in a maritime site and no such approval shall be given to him or her, unless he or she—

• (a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

• (b) is the owner of land F1020[in the maritime area] on which it is proposed to carry out the development concerned, or

• (c) makes the application with the consent, or on behalf, of the owner of land F1020[in the maritime area] on which it is proposed to carry out the development concerned.]

• F1020[(1B)
• (a) Subject to paragraph (b), the proposed development shall not include any development (which may be all or part of such proposed development and which is referred to in this subsection as the "development concerned") in the maritime area where a licence (referred to in this subsection as the "licence concerned") under section 3 of the Act of 1933 has been granted, on or before the commencement of section 246 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, in respect of the development concerned.

• (b) Where the proposed development required, as appropriate—

• (i) an environmental impact assessment,

• (ii) an appropriate assessment, or

• (iii) both an environmental impact assessment and an appropriate assessment,

to be carried out, paragraph (a) shall not apply to the development concerned unless that assessment was, or those assessments were, as the case may be, carried out before the grant of the licence concerned.

• (c) Where paragraph (a) applies to the development concerned, the provisions of section 3 of the Act of 1933 relevant to the licence concerned shall be deemed to apply to the carrying out of the proposed development.]

• (2) In the case of development referred to in subsection (1) which belongs to a class of development identified for the purposes of section 176, the undertaker shall prepare, or cause to be prepared, an F1021[F1022[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] in respect of the development.

• (3) The proposed development shall not be carried out unless the Board has approved it with or without modifications.

• (4) Before an undertaker makes an application under subsection (1) for approval, it shall—

• (a) publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—

• (i) stating that—

• (I) it proposes to seek the approval of the Board for the proposed development,

• (II) in the case of an application referred to in subsection (1)(a), an F1021[F1023[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] has been prepared in respect of the proposed development, and

• (III) where relevant, the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or other party to the Transboundary Convention,

• (ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the application and any F1021[F1024[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),

• (iii) inviting the making, during such period, of submissions and observations to the Board relating to—

• (I) the implications of the proposed development for proper planning and sustainable development in the area or areas concerned, and

• (II) the likely F1021[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development,

if carried out, and

• (iv) specifying the types of decision the Board may make, under section 182B, in relation to the application,

• F1025[(v) stating that a person may question the validity of a decision of the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) and

• (vi) stating where practical information on the review mechanism can be found.]

• F1026[(aa) comply with section 172B,]

• (b) send a copy of the application and any F1021[F1027[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] to the local authority or each local authority in whose functional area the proposed development would be situate and to the prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—

• (i) the implications of the proposed development for proper planning and sustainable development in the area or areas concerned, and

• (ii) the likely F1021[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development,

if carried out, and

• (c) where the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or a state which is a party to the Transboundary Convention, send a prescribed number of copies of the application and the F1028[environmental impact assessment report] to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board.

• (5) The Board may—

• (a) if it considers it necessary to do so, require an undertaker that has applied for approval for a proposed development to furnish to the Board such further information in relation to—

• (i) the F1021[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development, or

• (ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said development of such development,

as the Board may specify, or

• (b) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the statutory undertaker that it is of that view and invite the undertaker to make to the terms of the proposed development alterations specified in the notification and, if the undertaker makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a F1021[F1029[revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] in respect of it.

• (6) If an undertaker makes the alterations to the terms of the proposed development specified in a notification given to it under subsection (5), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section and section 182B.

• (7) The Board shall—

• (a) where it considers that any further information received pursuant to a requirement made under subsection (5)(a) contains significant additional data relating to—

• (i) the likely F1021[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development, and

• (ii) the likely consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said development of such development,

or

• (b) where the undertaker has made the alterations to the terms of the proposed development specified in a notification given to it under subsection (5)(b),

require the undertaker to do the things referred to in subsection (8).

• (8) The things which an undertaker shall be required to do as aforesaid are—

• (a) to publish in one or more newspapers circulating in the area or areas in which the proposed development would be situate a notice stating that, as appropriate—

• (i) further information in relation to the proposed development has been furnished to the Board, or

• (ii) the undertaker has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a F1021[F1030[revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] in respect of the development has been furnished to the Board,

indicating the times at which, the period F1031[(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)] during which and the place, or places, where a copy of the information or the F1021[F1032[information or the revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] referred to in subparagraph (i) or (ii) may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy) and that submissions or observations in relation to that F1033[information, report or statement] may be made to the Board before the expiration of the indicated period, and

• (b) to send to each prescribed authority to which a notice was given pursuant to subsection (4)(b) or (c)—

• (i) a notice of the furnishing to the Board of, as appropriate, the further information referred to in paragraph (a)(i) or the F1034[information, report or statement] referred to in paragraph (a)(ii), and

• (ii) a copy of that further information, F1035[information, report or statement],

and to indicate to the authority that submissions or observations F1036[in relation to that further information, information, report or statement] may be made to the Board before the expiration of a period F1037[(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)] beginning on the day on which the notice is sent to the prescribed authority by the undertaker.

• F1038[(8A) The period provided for in subsection (8)(a) or (b) shall, in a case relating to an environmental impact assessment report, not be less than—

• (a) 30 days where the report has been furnished to the Board, and

• (b) 3 weeks where the report has not been furnished to the Board.]

• (9) In this section "transmission", in relation to electricity, shall be construed in accordance with section 2(1) of the Electricity Regulation Act 1999 but, for the purposes of this section, the foregoing expression, in relation to electricity, shall also be construed as meaning the transport of electricity by means of—

• (a) a high voltage line where the voltage would be 110 kilovolts or more, or

• (b) an interconnector, whether ownership of the interconnector will be vested in the undertaker or not.]

182AA. F1039[Disapplication of section 182A of Act of 2000

182AA.—Section 182A shall not apply to development comprising or for the purposes of electricity transmission where such development is the subject of an application for permission made to the Board under section 291.]

182B. F1040[Section 182A: criteria for decision, certain exemptions, etc.

182B.—(1) Before making a decision in respect of a proposed development the subject of an application under section 182A, the Board shall consider—

• (a) the F1041[F1042[environmental impact assessment report or Natura impact statement or both that report and that statement] as the case may be] submitted pursuant to section 182A(1) or (5), any submissions or observations made in accordance with section 182A(4) or (8) and any other information furnished in accordance with section 182A(5) relating to—

• (i) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the proposed development of such development, and

• (ii) the likely F1041[effects on the environment or adverse effects on the integrity of a European site as the case may be] of the proposed development,

and

• (b) the report and any recommendations of a person conducting any oral hearing relating to the proposed development.

F1043[(2)(a) The Board may take the action specified in paragraph (b) where it is satisfied that—

• (i) exceptional circumstances so warrant,

• (ii) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and

• (iii) the objectives of the Environmental Impact Assessment Directive are otherwise met.

• (b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 182A(2) to prepare an environmental impact assessment report.

• (c) No exemption may be granted under paragraph (b) in respect of the proposed development where another Member State of the European Union or a state which is a party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it wishes to furnish views on those effects.]

• (3) The Board shall, in granting an exemption under subsection (2), consider whether—

• (a) F1041[the effects, if any of the proposed development on the environment or adverse effects, if any, of the proposed development on the integrity of a European site] should be assessed in some other manner, and

• (b) the information arising from such an assessment should be made available to the members of the public,

and it may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.

• (4) Notice of any exemption granted under subsection (2), of the reasons for granting the exemption, and of any requirements applied under subsection (3) shall, as soon as may be—

• (a) be published in Iris Oifigiúil and in at least one daily newspaper published in the State, and

• (b) be given, together with a copy of the information, if any, made available to the members of the public in accordance with subsection (3) to the Commission of the European Communities.

• (5) F1044[The Board shall, in respect of an application under section 182A for approval of the proposed development, make its decision within a reasonable period of time and may, in respect of such application]—

• (a) approve the proposed development,

• (b) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,

• (c) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or

• (d) refuse to approve the proposed development,

and may attach to an approval under paragraph (a), (b) or (c) F1045[, subject to subsection (5D),] such conditions as it considers appropriate.

• F1046[(5A) A decision of the Board under subsection (5) shall state—

• (a) the main reasons and considerations on which the decision is based,

• F1047[(aa) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

• (ab) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,]

• (b) where conditions are attached under subsection (5) or (6) the main reasons for attaching them,

• F1048[(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for approval on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,

• (bb) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision,]

• (c) the sum and direct the payment of the sum to be paid to the Board towards the costs incurred by the Board of—

• (i) giving a written opinion in compliance with a request under section 182E(3) (inserted by section 4 of the Act of 2006),

• (ii) conducting consultations under section 182E, and

• (iii) determining the application made under section 182A (inserted by section 4 of the Act of 2006) under this section,

and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of the sum to any planning authority that incurred costs during the course of consideration of that application and to any other person as a contribution to the costs incurred by that person during the course of consideration of that application (each of which the sums the Board may, by virtue of this subsection, require to be paid).

• F1049[(5AA) A decision of the Board under subsection (5) and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.]

• (5B) A reference to costs in subsection (5A)(c) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.

• (5C) A notice of a decision given under subsection (5) shall be furnished to the applicant as soon as may be after it is given but shall not become operative until any requirement under subsection (5A)(c) in relation to the payment by the applicant of a sum in respect of costs has been complied with.

• (5D) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement under subsection (5A)(c), the Board, the planning authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.]

• F1045[(5E) Where the Board approves development under subsection (5) on foot of an application accompanied by an opinion issued by the Board under section 182G(2) it shall attach a condition in respect of any detail of the development that was not confirmed at the time of the application requiring—

• (a) the actual detail to fall within specified options or parameters or a combination of options and parameters, and

• (b) the applicant to notify the planning authority in whose functional area or areas the development is situated in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.]

• (6) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under subsection (5)(a), (b) or (c) a condition requiring—

• (a) the construction or the financing, in whole or in part, of the construction of a facility, or

• (b) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.

• (7) A condition attached pursuant to subsection (6) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval under this section operates of the benefits likely to accrue from the grant of the approval.

• (8) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications under section 182A for approval F1045[including applications accompanied by an opinion under section 182G(2)].