S.I. No. 122/2010 - European Communities (Assessment and Management of Flood Risks) Regulations 2010

INDEX

Section. Title

PART 1 PRELIMINARY

1.

2.

3.

PART 2 GENERAL

4.

5.

6.

PART 3 ASSESSMENT AND MANAGEMENT

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

PART 4 OPERATIONAL MATTERS

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

45.

46.

47.

48.

49.

50.

51.

52.

53.

54.

55.

56.

57.

58.

59.

60.

61.

62.

63.

SCHEDULE 1

PART 1 Public authorities

PART 2 Public bodies

PART 3 Organisations

SCHEDULE 2 Annex I of Water Framework Directive

SCHEDULE 3 List of Arterial Drainage Acts

SCHEDULE 4 Components of flood risk management plans and description of the implementation of the plan

SCHEDULE 5 Components of the subsequent update of flood risk management plans

S.I. No. 122 of 2010.

EUROPEAN COMMUNITIES (ASSESSMENT AND MANAGEMENT OF FLOOD RISKS) REGULATIONS 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th March, 2010.

The Minister for Finance, in exercise of the powers conferred on him by the European Communities Acts, 1972 to 2007, for the purpose of giving further effect to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 establishing a framework for Community action in the field of assessment and management of flood risks hereby makes the following Regulations:

PART 1 PRELIMINARY

Citation.

Interpretation.

• (2) Any reference to an Article or Annex, unless otherwise indicated, is a reference to an Article or Annex of Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks.

• (3) Any word or expression which is used in these Regulations and is also used in the Directive has the same meaning as in the Directive except where these Regulations provide otherwise.

• (4) In these Regulations, save where the context otherwise requires—

“the Act of 1945” means the Arterial Drainage Act, 1945 (No. 3 of 1945),

“authorised person” means such person or persons or bodies as the Commissioners may authorise for the purposes of these Regulations,

“catchment area” means the land area from which rainfall will drain overland or (with some exceptions for groundwater flow, which may be inter-catchment) through sub-surface drainage, into a river, lake, reservoir or sea.

“the Commissioners” means the Commissioners of Public Works in Ireland,

“the Competent Authority” in relation to a river basin district (subject to Section 4.1), has the meaning assigned by Article 3 of the Water Framework Directive, for the purposes of that directive,

“county council” includes a city council,

“the Directive” means Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks,

“embankment” means an artificial watercourse, drain, embankment, or other work constructed for the purposes of these Regulations and includes all sluices, sluice-gates, pumps, weirs, watercourses, and other works forming part of or essential to the effective operation of any such embankment or work,

“existing drainage district” means a drainage district constituted under any of the Acts specified in the Third Schedule to these Regulations and wholly situate within the State,

“existing drainage works” means the drainage works in an existing drainage district,

“existing embankment” means an embankment constructed (whether before or after the passing of these Regulations) for the protection from flooding of land purchased under the Land Purchase Acts or the subject of proceedings under those Acts, whether such embankment was constructed before or after such purchase or the institution of proceedings therefore and whether such embankment was constructed by a former landlord or other person or by trustees or by or under the supervision of the Irish Land Commission,

“the European Commission” means the Commission of the European Communities,

“flood” means the temporary covering by water of land not normally covered by water. This shall include floods from rivers, mountain torrents, Mediterranean ephemeral water courses, and floods from the sea in coastal areas, and may exclude floods from sewerage systems,

“flood risk” means the combination of the probability of a flood event and of the potential adverse consequences for human health, the environment, cultural heritage and economic activity associated with a flood event,

“flood risk management works” includes both structural and non-structural works and measures included in a flood risk management scheme,

“international river basin” means a river basin lying partly in the State and partly in Northern Ireland,

“international river basin district” means the combined river basin district areas in the State and in Northern Ireland in relation to an international river basin,

“land” includes water (whether inland or coastal) and, in relation to the acquisition of land, includes any interest or right in or over land or water,

“local authority” means a city council, a county council, a borough council or a town council,

“the Minister” means the Minister for Finance,

“Minister of State” means any Minister who is a member of the Government,

“offence” means an offence as described by Section 52(1),

“organisation” means any body listed in Part 3 of the First Schedule,

“private bridge” does not include a reference to any kesh, footstick or other similar structure,

“public authority” means any body listed in Part 1 of the First Schedule,

“public body” means any body listed in Part 2 of the First Schedule,

“the Reference Committee” means the Reference Committee constituted by paragraph (c) of subsection (5) of Section 1 of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925),

“reserved function” means:

• (a) in the case of the corporation of a county borough, a reserved function for the purposes of the enactments relating to the management of that county borough, and

• (b) in any other case, a reserved function for the purposes of the County Management Acts, 1940 and 1942,

“river” means a body of inland water flowing for the most part on the surface of the land but which may flow underground for part of its course,

“river basin” means the area of land from which all surface run-off flows through a sequence of streams, rivers and, possibly, lakes into the sea at a single river mouth, estuary or delta,

“river basin district” means the area of land and sea, made up of one or more neighbouring river basins together with their associated groundwaters and coastal waters, which is identified under Article 3(1) of the Water Framework Directive as the main unit for management of river basins and in relation to an international river basin district, means that part of the international river basin district which lies within the State,

“sub-basin” means the area of land from which all surface run-off flows through a series of streams, rivers and, possibly, lakes to a particular point in a water course (normally a lake or a river confluence),

“unit of management” means such area of land as may be designated by the Commissioners from time to time including but not limited to rivers, river basin, river basin districts and watercourses and coastal areas,

“the Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy,

“watercourse” includes rivers, streams, and other natural watercourses, and also canals, drains, and other artificial watercourses.

Expenses.

PART 2 GENERAL

Administrative arrangements, role of the Commissioners and power of entry.

• (a) the Commissioners of Public Works in Ireland are appointed as the Competent Authority under the Directive and these Regulations for all river basin districts or other units of management, and

• (b) the Commissioners may exercise any of the powers and perform any of the functions conferred and imposed on the Commissioners by these Regulations through or by any of its officers or servants or an authorised person.

• (2) For the purposes of the Directive and these Regulations use shall be made of the arrangements made under Article 3(1), (2), (3), (5) and (6) of the Water Framework Directive except as set out in subsection (1), and:

• (a) the Commissioners shall have power to identify certain coastal areas or individual river basins and assign them to a unit of management different from those assigned pursuant to Article 3(1) of the Water Framework Directive. In cases where the Commissioners exercise this power, the Commissioners shall, by 26 May 2010, communicate to the European Commission the information referred to in the Second Schedule.

• (3) The Commissioners shall inform the European Commission of any changes in the information provided pursuant to this Section within three months of the change coming into effect.

• (4) The Commissioners shall promote the co-ordinated implementation of the Directive across river basin districts or other units of management and, together with the Competent Authorities in Northern Ireland, in relation to international river basin districts.

• (5) The Commissioners may, following consultation with such (if any) bodies or other persons as the Commissioners consider appropriate, issue guidance and general policy advice in relation to the implementation of these Regulations and, subject to subsection (6), the relevant public authorities shall have regard to any such guidance and advice.

• (6) Subsection (5) shall not be construed as enabling the Commissioners to exercise any power or control in relation to the performance in particular circumstances by a public authority of its statutory functions.

• (7) It shall be lawful for the Commissioners and or an authorised person to enter on any lands and there do all such things as may appear to them to be necessary or expedient for, or ancillary to, the purposes of assessment and management of flood risks and giving effect to these Regulations and the Directive, including but not limited to, the preparation, review or alteration of a preliminary flood risk assessment, flood hazard map, flood risk map, flood risk management plan, schemes of flood risk management works or executing or maintaining works as part of a flood risk management scheme and the making of any such surveys including but not limited to hydrometric, engineering, topographic, environmental and valuation surveys of any land and gathering of information in relation thereto as are mentioned in this section.

• (8) Where an authorised person is refused entry to any land, the authorised person or the Commissioners, as the case may be, may apply to a judge of the District Court assigned to the district Court District in which the land is situated for a warrant authorising such entry, and upon the hearing of the application the judge shall, if satisfied that such entry is necessary or expedient, by warrant authorise such entry, on production of the warrant, if so requested.

• (9) The Commissioners shall have power to establish committees and groups for the furtherance of the aims of the Directive, composed of such persons or bodies and operating in such manner as the Commissioners shall direct.

General duty of public authorities, public bodies and organisations.

• (a) exercise its functions in a manner which is consistent with the provisions of the Directive and these Regulations, and which achieves or promotes compliance with the requirements of the Directive and these Regulations,

• (b) take such actions as may be appropriate in the context of its functions to secure compliance with the Directive and with the provisions of any flood risk management plan, any objective established, and any programme of measures established, in accordance with these Regulations,

• (c) consult, co-operate and liaise with other public authorities and the Commissioners in such a manner and to such extent as is necessary to ensure co-ordination of the delivery of the requirements of the Directive,

• (d) provide within a period of one month or such extended period as may be approved by the Commissioners, such information appropriate to its functions as may be reasonably required by any other public authority or the Commissioners for the purpose of compliance with the Directive and, insofar as is practicable, provide such information, where so requested, in a form disaggregated by reference to river basin districts, river basins, sub-basins or such other areas as may be specified, and where requested by the Commissioners, provide the information in such format as may be specified by the Commissioners, and

• (e) encourage the active involvement of all interested parties in relation to the measures being taken by the public authority for implementation of the Directive.

• (2) Without prejudice to the generality of subsection (1), the Commissioners may designate a public body specified in Part 2 of the First Schedule as the body responsible either individually or in combination with other public authorities, with respect to the infrastructure, and the associated risk of flooding that could arise from such infrastructure, for which they have existing responsibility, to undertake preliminary flood risk assessments in accordance with Section 7.

• (3) Where, based on the preliminary flood risk assessment referred to in subsection (2) an area of potential significant flood risk, referred to in Section 10, is identified the public body designated pursuant to Subsection (2) shall have responsibility for:

• (a) preparing flood hazard maps and flood risk maps, in accordance with these Regulations, and

• (b) preparing flood risk management plans in accordance with these Regulations, and

• (c) providing reports and information to the Commissioners, in such format as specified by the Commissioners, and at such times as required by the Commissioners to enable them to adhere to timescales set out in these Regulations.

• (4) The Commissioners may require a body listed in Part 3 of the First Schedule to supply within a period of not less than one month and not more than three months, as determined by the Commissioners, reports and information relating to flooding and assessment and management of flood risks to the Commissioners subject to the Commissioners guaranteeing to protect, subject to law, contractual obligations and restrictions, the confidentiality of any commercially sensitive information provided.

Co-ordination with the Water Framework Directive.

• (a) the development of the first flood hazard maps and flood risk maps and their subsequent reviews as referred to in Section 11 shall be carried out in such a way that the information they contain is consistent with relevant information presented according to the Water Framework Directive. They shall be co-ordinated with, and may be integrated into, the reviews provided for in Article 5(2) of the Water Framework Directive, and

• (b) the development of the first flood risk management plans and their subsequent reviews as referred to in Section 15 shall be carried out in co-ordination with, and may be integrated into, the reviews of the river basin management plans provided for in Article 13(7) of the Water Framework Directive, and

• (c) the active involvement of all interested parties under Sections 17(1) and (2) shall be co-ordinated, as appropriate, with the active involvement of interested parties under Article 14 of the Water Framework Directive.

PART 3 ASSESSMENT AND MANAGEMENT

Preliminary flood risk assessment.

• (2) Based on available or readily derivable information, such as records and studies on long term developments, in particular impacts of climate change on the occurrence of floods, a preliminary flood risk assessment referred to in subsection (1) shall be undertaken to provide an assessment of potential risks. The assessment shall include at least the following:

• (a) maps of the river basin district at the appropriate scale including the borders of the river basins, sub-basins and, where existing, coastal areas, showing topography and land use, and

• (b) a description of the floods which have occurred in the past and which had significant adverse impacts on human health, the environment, cultural heritage and economic activity and for which the likelihood of similar future events is still relevant, including their flood extent and conveyance routes and an assessment of the adverse impacts they have entailed, and

• (c) a description of the significant floods which have occurred in the past, where significant adverse consequences of similar future events might be envisaged, and

• (d) depending on the specific needs of the State, it shall include an assessment of the potential adverse consequences of future floods for human health, the environment, cultural heritage and economic activity, taking into account as far as possible issues such as the topography, the position of watercourses and their general hydrological and geomorphological characteristics, including floodplains as natural retention areas, the effectiveness of existing man-made flood defence infrastructures, the position of populated areas, areas of economic activity and long-term developments including impacts of climate change on the occurrence of floods.

• (3) In the case of international river basin districts, or units of management referred to in Section 4(2)(a), which are shared with Northern Ireland, the Commissioners shall act to ensure that exchange of relevant information takes place between the Competent Authorities concerned.

• (4) The Commissioners shall complete the preliminary flood risk assessments by 22 December 2011.

• (5) The Commissioners may decide not to undertake the preliminary flood risk assessment for those river basins, or other units of management where either:

• (a) a risk assessment has already been undertaken to conclude, before 22 December 2010, that a potential significant flood risk exists or might be considered likely to occur leading to the identification of the area among those referred to in Section 10(1), or

• (b) they have decided, before 22 December 2010, to prepare flood hazard maps and flood risk maps and to establish flood risk management plans in accordance with the relevant provisions of the Directive.

• (6) Subsection (5) shall apply without prejudice to subsection (7).

• (7) The preliminary flood risk assessment, or the assessment and decisions referred to in subsection (5), shall be reviewed, and if necessary updated by the Commissioners, by 22 December 2018 and every six years thereafter.

• (8) The likely impact of climate change on the occurrence of floods shall be taken into account by the Commissioners in the reviews referred to in subsection (7).

Sending of copies of preliminary flood risk assessments, to county councils.

• (a) send or make available digitally a copy of such assessment, to the county council, and if the Commissioners consider it appropriate to other local authorities, in which the area or any part of the area covered by the preliminary flood risk assessment, is situate, and

• (b) publish in the Iris Oifigiúil and such one or more newspapers circulating in the said area as they shall consider appropriate a notice stating that such assessment has been prepared by them and also stating how the said assessment may be viewed and the period, not being less than one month, during which a copy of such preliminary flood risk assessment, will be available for inspection pursuant to the next following subsection of this section, and the date by which observations in regard to the said preliminary flood risk assessment may be sent to the Commissioners.

• (2) Every county council and if the Commissioners consider it appropriate, a local authority, to which a copy of a preliminary flood risk assessment, is sent by the Commissioners pursuant to this section:

• (a) shall cause such copy to be exhibited in their principal offices or other convenient place and, if the Commissioners consider it appropriate, through digital media, during the period specified in that behalf in the notice relating to such assessment published pursuant to subsection (1) of this section and shall permit such copy to be inspected during office hours by any person claiming to be interested therein, and

• (b) shall examine and consider the preliminary flood risk assessment of which such copy is a copy, and

• (c) may, at any time within two months after the date of the publications in the Iris Oifigiúil pursuant to subsection (1) of this section of the notice relating to such assessment, send to the Commissioners all such observations in regard to such assessment, as such county council or local authority shall think proper.

• (3) The duties imposed on the county council or on the local authority by subsection (2) shall each be a reserved function.

Consideration of observations on preliminary flood risk assessments.

• (a) consider every such observation sent to them within the time appropriate thereto, and

• (b) after consultation with such (if any) Minister of State as they shall think proper, make such, if any, alterations (whether by addition, omission, or variation) in the preliminary flood risk assessment, as they shall think proper.

Areas of potential significant flood risks.

• (2) The identification under subsection (1) of areas belonging to an international river basin district, or to a unit of management referred to in Section 4(2)(a) shared with Northern Ireland, shall be co-ordinated by the Commissioners with the appropriate authorities in Northern Ireland.

Flood hazard maps and flood risk maps.

• (2) For areas identified under Section 10 which are shared with Northern Ireland, the Commissioners shall take steps to ensure exchange of information between the Commissioners and the appropriate authorities in Northern Ireland prior to the preparation of flood hazard maps and flood risk maps.

• (3) The flood hazard maps shall cover the geographical areas, which could be flooded according to the following scenarios:

• (a) floods with a low probability, or extreme event scenarios,

• (b) floods with a medium probability (likely return period 100 years),

• (c) floods with a high probability, where appropriate.

• (4) For each scenario referred to in subsection (3) the following elements shall be shown:

• (a) the flood extent, and

• (b) water depths or water level, as appropriate, and

• (c) where appropriate, the flow velocity or the relevant water flow.

• (5) Flood risk maps shall show the potential adverse consequences associated with flood scenarios referred to in subsection (3) and expressed in terms of the following:

• (a) the indicative number of inhabitants potentially affected,

• (b) type of economic activity of the area potentially affected,

• (c) installations as referred to in Annex I to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control which might cause accidental pollution in case of flooding and potentially affected protected areas identified in Annex IV(1)(i), (iii) and (v) to the Water Framework Directive, and

• (d) other information which the Commissioners consider useful such as the indication of areas where floods with a high content of transported sediments and debris floods can occur and information on other significant sources of pollution.

• (6) The Commissioners may decide that, for coastal areas where an adequate level of protection is in place, the preparation of flood hazard maps shall be limited to the scenario referred to in subsection (3)(a) of this section.

• (7) The Commissioners may decide that, for areas where flooding is from groundwater sources, the preparation of flood hazard maps shall be limited to the scenario referred to in subsection (3)(a) of this section.

• (8) The Commissioners shall ensure that the flood hazard maps and flood risk maps are completed by 22 December 2013.

• (9) The Commissioners may decide to make use of flood hazard maps and flood risk maps finalised before 22 December 2010, if such maps provide a level of information equivalent to the requirements of this section.

• (10) Subsection (9) shall apply without prejudice to subsection (11).

• (11) The flood hazard maps and the flood risk maps shall be reviewed, and if necessary updated by the Commissioners, by 22 December 2019 and every six years thereafter.

Sending of copies of flood hazard maps and flood risk maps to county councils.

• (a) send, or make available digitally, a copy of such map or maps to the county council, and if the Commissioners consider it appropriate to other local authorities, in which the area or any part of the area covered by the said flood hazard map and/or flood risk map is situate, and

• (b) publish in the Iris Oifigiúil and such one or more newspapers circulating in the said area as they shall consider appropriate a notice stating that such flood hazard map and/or flood risk map has been prepared by them and also stating the place or places at which and the period, not being less than one month, during which a copy or copies of such flood hazard map and/or flood risk map will be available for inspection pursuant to the next following subsection of this section, and the date by which observations in regard to the said flood hazard map and/or flood risk map may be sent to the Commissioners, and

• (c) if they consider it appropriate, arrange, in collaboration with the county councils and other local authorities, for other forms of public consultation and information dissemination.

• (2) Every county council and if the Commissioners consider it appropriate, other local authority, to which a copy of a flood hazard map and/or flood risk map is sent by the Commissioners pursuant to this section:

• (a) shall cause such copy or copies to be exhibited in their principal offices or other convenient place during the period specified in that behalf in the notice relating to such map or maps published pursuant to subsection (1) of this section and shall permit such copy or copies to be inspected during office hours by any person claiming to be interested therein, and

• (b) shall examine and consider the said maps of which such copy is a copy, and

• (c) may, at any time within two months after the date of the publications in the Iris Oifigiúil pursuant to subsection (1) of this section of the notice relating to such map or maps send to the Commissioners all such observations in regard to such map or maps as such county council shall think proper.

• (3) The duty imposed on the county council by paragraph (b) of subsection (2) of this section and the power conferred on the local authority by paragraph (c) of the said subsection (2) shall each be a reserved function.

Objections to flood hazard maps.

• (2) The Commissioners shall consider all such objections and decide to amend or confirm the inclusion of the land in question in the flood hazard map, giving reasons for such decision.

• (3) The owner, occupier or user of the land, may, not later than 30 days after the day on which the decision referred to in subsection (2) is given, serve notice of appeal on the Commissioners against that decision.

• (4) Where in circumstances to which subsection (3) relates, the appeal shall be referred to an arbitrator who shall be appointed by the President for the time being of the Law Society of Ireland on the application of the Commissioners.

• (5) An arbitrator appointed under subsection (4) of this section shall be paid such remuneration (if any) incurred by him or her as the Commissioners, with the consent of the Minister, may determine.

Consideration of observations on flood hazard maps and flood risk maps.

• (a) consider every such observation sent to them within the time appropriate thereto, and

• (b) after consultation with such (if any) Minister of State as they shall think proper, make such, if any, alterations (whether by addition, mission, or variation) in the said flood hazard map or flood risk map as they shall think proper.

Flood risk management plans.

• (2) The Commissioners shall establish appropriate objectives for the management of flood risks for the areas identified under Section 10(1) focusing on the reduction of potential adverse consequences of flooding for human health, the environment, cultural heritage and economic activity, and, if considered appropriate, on nonstructural initiatives and/or on the reduction of the likelihood of flooding.

• (3) The flood risk management plans established by the Commissioners shall include measures for achieving the objectives established in accordance with subsection (2) of this section and shall include the components set out in the Fourth Schedule. Flood risk management plans shall take into account relevant aspects such as costs and benefits, flood extent and flood conveyance routes and areas which have the potential to retain flood water, such as natural floodplains, the environmental objectives of Article 4 of the Water Framework Directive, soil and water management, spatial planning, land use, nature conservation, navigation and port infrastructure. Flood risk management plans shall address all aspects of flood risk management focusing on prevention, protection, preparedness, including flood forecasts and early warning systems and taking into account the characteristics of the particular river basin or other unit of management. Flood risk management plans may also include the promotion of sustainable land use practices, improvement of water retention as well as the controlled flooding of certain areas in the case of a flood event.

• (4) Every mention or reference contained in these Regulations of or to a flood risk management plan shall be construed as including every map, drawing, plan, section, and schedule annexed to such flood risk management plan.

• (5) In the interests of solidarity, flood risk management plans established by the Commissioners shall not include measures which, by their extent and impact, significantly increase flood risks upstream or downstream in Northern Ireland in the same river basin or sub-basin, unless these measures have been co-ordinated and an agreed solution has been found with the appropriate authority in Northern Ireland in the framework of Section 16.

• (6) The Commissioners shall ensure that flood risk management plans are completed and published by 22 December 2015.

• (7) The Commissioners may decide to make use of flood risk management plans finalised before 22 December 2010, provided the content of these plans is equivalent to the requirements set out in this section.

• (8) Subsection (7) shall apply without prejudice to subsections (9) and (10).

• (9) The flood risk management plan(s) shall be reviewed, and if necessary updated, including the components set out in the Fifth Schedule, by 22 December 2021 and every six years thereafter.

• (10) The likely impact of climate change on the occurrence of floods shall be taken into account by the Commissioners in the reviews referred to in subsection (9).

Co-ordination with other Member States regarding flood risk management plans.

• (2) In the case of an international river basin district, or unit of management referred to in Section 4(2)(a), the Commissioners shall take action to ensure co-ordination with the appropriate authorities in Northern Ireland with the aim of producing one single international flood risk management plan, or a set of flood risk management plans co-ordinated at the level of the international river basin district. Where such plans are not produced, the Commissioners shall produce flood risk management plans covering at least the parts of the international river basin district falling within the territory of the State, as far as possible co-ordinated at the level of the international river basin district.

• (3) The flood risk management plans referred to in subsection (2) shall be supplemented, where considered appropriate by the Commissioners and the appropriate authorities in Northern Ireland, by more detailed flood risk management plans co-ordinated at the level of the international sub-basins.

• (4) Where the Commissioners identify an issue which has an impact on the management of flood risks of the water of the State and that issue cannot be resolved by the Commissioners, it may report the issue to the European Commission and any other Member State concerned and may make recommendations as to how the issue should be resolved.

Public information and involvement.

• (2) The Commissioners shall encourage active involvement of interested parties in the production, review and updating of the flood risk management plans referred to in Sections 15 and 16.

• (3) The Commissioners shall, as far as is practicable, provide for display on a website, for each river basin district or other unit of management referred to in Section 4(2)(a), of the documents and maps required by these Regulations to be produced by the Commissioners.

Sending of copies of flood risk management plans to county councils.

• (a) send, or make available digitally, a copy of such plan to the county council, and if the Commissioners consider it appropriate to other local authorities, in which the area or any part of the area covered by the flood risk management plans is situate, and

• (b) publish in the Iris Oifigiúil and such one or more newspapers circulating in the said area as they shall consider appropriate a notice stating that such flood risk management plan has been prepared by them and also stating the place or places at which and the period, not being less than one month, during which a copy of such flood risk management plans will be available for inspection pursuant to the next following subsection of this section, and the date by which observations in regard to the said flood risk management plan may be sent to the Commissioners.

• (2) Every county council and if the Commissioners consider it appropriate, other local authority, to which a copy of a flood risk management plan is sent by the Commissioners pursuant to this section:

• (a) shall cause such copy to be exhibited in their principal offices or other convenient place during the period specified in that behalf in the notice relating to such plan published pursuant to subsection (1) of this section and shall permit such copy to be inspected during office hours by any person claiming to be interested therein, and

• (b) shall examine and consider the flood risk management plan of which such copy is a copy, and

• (c) may, at any time within six months after the date of the publications in the Iris Oifigiúil pursuant to subsection (1) of this section of the notice relating to such plan, send to the Commissioners all such observations in regard to such plan as such county council shall think proper.

• (3) The duties imposed on the county council or on the local authority by subsection (2) of this section shall each be a reserved function.

Approval of flood risk management plans by the Minister.

• (a) consider every such observation sent to them within the time appropriate thereto, and

• (b) after consultation with such (if any) Minister of State as they shall think proper, make such, if any, alterations (whether by addition, omission, or variation) in the flood risk management plan as they shall think proper, and

• (c) submit the flood risk management plan as so altered (if at all) to the Minister.

• (2) When a flood risk management plan has been submitted to the Minister pursuant to this section, the Minister shall:

• (a) make an order approving such plan, or

• (b) refuse to approve such plan, or

• (c) refer such plan back to the Commissioners for revision in specified respects and subsequent re-submission to the Minister under this section.

Sending of flood risk management plans approved by the Minister to county councils.

• (2) The duty imposed on, and the power conferred on the county council or other local authority, by subsection (1) of this section shall each be a reserved function.

• (3) The county council or other local authority shall advise the Minister for the Environment, Heritage and Local Government and the Commissioners of their decision on the issue of whether to adopt or otherwise the said plan, at the latest within one month of the expiry of the three-month period specified at subsection (1) of this section.

Implementing measures and amendments.

• (2) Where the European Commission, taking into account the periods for review and updating, adapt the Annex of the Directive to scientific and technical progress the Commissioners shall adhere to requirements of the Annex as revised.

Making of data available to the European Commission.

• (2) The Commissioners shall inform the European Commission of the decisions taken in accordance with Sections 7(5), 11(9) and 15(7) and make available the relevant information thereon by the dates indicated respectively in Sections 7(4), 11(8) and 15(6).

Advising the European Commission of legal changes.

• (2) The Commissioners shall communicate to the European Commission the text of the main provisions of any law or regulation adopted in the field covered by the Directive.

PART 4 OPERATIONAL MATTERS

General responsibility of the Commissioners for flood risk management.

• (2) Notwithstanding anything in the Arterial Drainage Acts 1945 to 1995 or in any other Act or Regulation, the Commissioners shall not be required to do anything that is contrary to or inconsistent with the aims, provisions or requirements of the Directive.

Preparation of schemes of flood risk management works and measures.

• (a) when the Minister has made an order approving a flood risk management plan, or

• (b) whenever the Commissioners are of opinion that the execution of flood risk management works is expedient in respect of any river basin district or other unit of management,

it shall be lawful for the Commissioners to prepare a scheme (in these Regulations referred to as a flood risk management scheme) for the execution of such structural and non-structural works or measures provided for in a flood risk management plan and for that purpose to make such hydrometric, engineering, environmental, topographical, valuation and other surveys of a catchment area, other unit of management or river basin district as shall appear to them to be necessary or expedient.

• (2) The Commissioners shall, in deciding the nature and extent of the flood risk management works to be included in a flood risk management scheme that is being prepared by them under subsection (1)(b), have regard to the effects that any such works would, if executed pursuant to the scheme, have throughout a river basin district of which another unit of management or a catchment area is a part.

• (3) Every flood risk management scheme prepared by the Commissioners pursuant to this section shall show, either in the body of the scheme or by means of appropriate maps, drawings, plans, sections, and schedules annexed thereto, the following:

• (a) the waters and watercourses proposed to be dealt with, and

• (b) the lands, which will be affected by the carrying out of the scheme, and

• (c) the flood risk management works proposed to be executed pursuant to the scheme, and

• (d) the lands proposed to be compulsorily acquired or substantially interfered with, the easements, fisheries, water-rights, navigation-rights, and other rights proposed to be compulsorily acquired, restricted, terminated, or otherwise interfered with, and the roads and bridges (whether public or private) proposed to be diverted, removed or otherwise interfered with, the reputed proprietors, owners, and rated or other occupiers of the several lands proposed to be compulsorily acquired or substantially interfered with and of the several easements, fisheries, water-rights, navigation rights, and other rights, and private roads proposed to be compulsory acquired, restricted, terminated or otherwise interfered with.

• (4) Every flood risk management scheme which would involve the execution of flood risk management works of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 24, shall contain, as a schedule annexed thereto, in addition to the matters set out in subsection (3) of this section, a statement of the likely effects on the environment (hereinafter in these Regulations referred to as an “environmental impact assessment”) of the proposed works.

• (5) The Commissioners shall, before preparing a flood risk management scheme which would involve the execution of flood risk management works which would be of a class referred to in subsection (4) of this section but not exceeding a quantity, area or other limit for the time being specified in relation to that class, consult the Minister.

• (6) Where the Minister is consulted pursuant to subsection (5) and he considers that the proposed flood risk management works would be likely to have significant effects on the environment, he shall direct that the flood risk management scheme shall contain, as a schedule annexed thereto, in addition to the matters set out in subsection (2) of this section, an environmental impact assessment.

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

• (8) For the purposes of these Regulations:

• (a) an environmental impact assessment contained in a flood risk management scheme in accordance with subsections (4),(5) and (6) of this section shall contain the information for the time being specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any provision amending or replacing the said Article 25.

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

• (c) the giving of a written opinion in accordance with paragraph (b) of this subsection shall not prejudice the exercise by the Minister of his powers pursuant to these Regulations to require the Commissioners to furnish further information in relation to the effects on the environment of the proposed flood risk management works.

• (9) For the purposes of this section:

• (a) the Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment, Heritage and Local Government, exempt a flood risk management scheme or a proposed flood risk management scheme from the requirement of subsection (4) of this section.

• (b) the Minister in granting an exemption under paragraph (a) of this subsection shall, consider whether:

• (i) the effects, if any, of the proposed flood risk management scheme on the environment should be assessed in some other manner, and

• (ii) the information collected in the course of such assessment should be made available to members of the public, and

• (iii) he may, by order, apply such requirements regarding these matters in relation to the proposed flood risk management scheme as he considers necessary or appropriate. Such requirements shall include provisions to make available to the public the information obtained under any other form of assessment ordered by him.

• (c) notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be:

• (i) be published in the Iris Oifigiúil and in one or more newspapers circulating in the area to be included in the proposed flood risk management scheme, and

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

• (d) an exemption shall not be granted under paragraph (a) of this subsection in respect of a flood risk management scheme or a proposed flood risk management scheme if another Member State of the European Communities, having been informed pursuant to Section 29(4) of these Regulations about the proposed flood risk management works and their likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.

• (10) Where a flood risk management scheme prepared in accordance with this section contains an environmental impact assessment, a copy of such environmental impact assessment shall be sent to each Department of State.

• (11) It shall be lawful for the Commissioners and or an authorised person to enter on any lands and there do all such things as may appear to them to be necessary or expedient for the purposes of the preparation of a flood risk management scheme and the making of any such surveys in relation thereto as are mentioned in subsection (1) of this section.

• (12) Every mention or reference contained in these Regulations of or to a flood risk management scheme shall be construed as including every map, drawing, plan, section, and schedule annexed to such flood risk management scheme.

Powers of the Commissioners regarding planning permission.

• (a) the Strategic Infrastructure Act, 2006, or

• (b) Part 8 of the Planning & Development Regulations 2001,

the Commissioners may, as they consider appropriate, decide to use the procedures applying under (a) or (b).

Sending of copies of schemes to county councils.

• (a) send a copy of such scheme to the county council in which the area or any part of the area covered by the preliminary flood risk assessment, flood hazard map, flood risk map or flood risk management plans is situate and publish in the Iris Oifigiúil and such one or more newspapers circulating in the said area as they shall consider appropriate a notice stating that such scheme has been prepared by them and the electoral divisions to which or to a part of which it relates and also stating the place or places at which and the period, not being less than one month, during which a copy of such scheme will be available for inspection pursuant to the next following subsection of this section, and

• (b) where, in accordance with Section 25 of these Regulations, the scheme contains an environmental impact assessment, send a copy of the assessment to such bodies as may be prescribed by the Minister by regulations, indicating that observations may be sent to the Commissioners in relation to the effects on the environment of the proposed flood risk management works within such period as may be specified, not being less than one month after the sending to the body concerned of the environmental impact assessment, and

• (c) the notice published in accordance with subsection (a) of this section shall also indicate:

• (i) details of the competent authority responsible for decision making, and

• (ii) the authority to which questions can be addressed and the time schedule for transmitting questions, and

• (iii) the nature of possible decisions which may be taken by the competent authority, and

• (iv) details of where and when the relevant information will be made available.

• (2) Where the Minister has sent information to another Member State pursuant to Section 29(4) he shall at the same time publish a notice in the Iris Oifigiúil and in one or more newspapers circulating in the area affected by the scheme as he shall consider appropriate, a notice stating that the scheme is one to which Section 29(4) applies.

• (3) Where, in accordance with Section 25(4) of these Regulations, the scheme contains an environmental impact assessment, the notice published pursuant to paragraph (a) of subsection (1) of this section shall so indicate and shall state that copies of the environmental impact assessment will be available for purchase during the period specified in the said notice, and that any person may within that period send to the Commissioners observations in relation to the effects on the environment of the proposed flood risk management works.

• (4) Every county council to which a copy of a flood risk management scheme is sent by the Commissioners pursuant to this section:

• (a) shall cause such copy to be exhibited in their principal offices or other convenient place during the period specified in that behalf in the notice relating to such scheme published pursuant to subsection (1) of this section and shall permit such copy to be inspected during office hours by any person claiming to be interested therein,

• (b) shall, where in accordance with Section 25(4) of these Regulations, the scheme contains an environmental impact assessment, cause copies of the environmental impact assessment to be available for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy of the assessment,

• (c) shall examine and consider the flood risk management scheme of which such copy is a copy, and

• (d) may, at any time within three months after the date of the publication in the Iris Oifigiúil pursuant to subsection (1)(a) of this section of the notice relating to such environmental impact assessment, map or plan, send to the Commissioners all such observations in regard to such scheme as such county council shall think proper.

• (5) The duty imposed on the county council by subsection (4)(a), (b) and (c) and the power conferred on the local authority by subsection (4)(d) shall each be a reserved function.

• (6) Where a flood risk management scheme prepared under Section 25(1)(b) of these Regulations includes a statement that the scheme has been prepared for the purpose of preventing or substantially reducing localised flooding Sections 27 and 28 of these Regulations shall have effect, in relation to that scheme, as if:

• (a) the reference in Sections 27 or 28 thereof to one month was a reference to fourteen days, and

• (b) the reference in Sections 27 or 28 thereof to three months was a reference to one month.

• (7) Nothing in these Regulations shall be construed as preventing the Commissioners from preparing a second or further flood risk management scheme in relation to a catchment area, watercourse or part of a watercourse that has been the subject of such a scheme.

Notices to reputed proprietors, occupiers.

• (a) serve on every person named in such scheme as a reputed proprietor, owner, or rated or other occupier of the lands, which will be affected by the carrying out of the scheme, or any land proposed to be compulsorily acquired or of any easement, fishery, water-right, navigation-right, or other right with a notice stating that such scheme has been prepared, specifying the place or places at which and the period during which a copy of such scheme will be available for inspection pursuant to these Regulations and informing him or her that such scheme proposes the compulsory acquisition of or interference with some land, (which land, and the proposed interference (if any) shall be fully described in the notice) reputed to be owned or occupied by him or her, and

• (b) serve on every person who is the local authority or other authority (not being a county council to which a copy of such plan has been sent pursuant to Section 27) charged with the maintenance of any public road or bridge proposed in such scheme to be diverted, removed, or otherwise interfered with a notice informing such local authority of the preparation of such scheme and of the diversion, removal, or interference proposed in such scheme to be made in respect of such road or bridge.

• (2) Every notice served on any person pursuant to the foregoing subsection of this section shall contain a statement informing such person that he may, within one month after the service of such notice on him, send to the Commissioners all such observations (if any) as he shall think proper in regard to (as the case may be) the acquisition, restriction, termination, or interference or the diversion, removal, or interference mentioned in such notice.

• (3) Every person on whom a notice is served pursuant to this section may, at any time within one month after the service of such notice on him, send to the Commissioners all such (if any) observations in regard to the acquisition, restriction, termination, or interference or the diversion, removal, or interference (as the case may be) mentioned therein as he shall think proper.

• (4) A notice required by this section to be served on any person may be served by post and, where the address of such person is not known, the letter containing such notice may be addressed to him at the lands or the place of situation of the right or property to which the notice relates.

Approval of flood risk management scheme by the Minister.

• (a) consider every such observation sent to them within the time appropriate thereto,

• (b) after consultation with such (if any) Minister of State as they shall think proper, make such, if any, alterations (whether by addition, omission, or variation) in the flood risk management scheme as they shall think proper,

• (c) submit the flood risk management scheme as so altered (if at all) to the Minister, and

• (d) where, in accordance with Section 25(4) of these Regulations, the flood risk management scheme contains an environmental impact assessment, submit to the Minister details of observations received by them in relation to the effects on the environment of the proposed flood risk management works.

• (2) When a flood risk management scheme has been submitted to the Minister pursuant to this section, the Minister shall do the following:

• (a) make an order approving such scheme, or

• (b) refuse to approve such scheme, or

• (c) refer such scheme back to the Commissioners for revision in specified respects and subsequent re-submission to the Minister under this section.

• (3) Where, in accordance with Section 25(4) of these Regulations, a flood risk management scheme contains an environmental impact assessment:

• (a) the Minister shall:

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

• (ii) publish in the Iris Oifigiúil and in one or more newspapers circulating in the area identified in the assessment as likely to be affected by the scheme, a notice stating his decision in relation to the scheme.

• (b) the Commissioners shall, when a decision is taken on the flood management scheme concerned, make the said environmental impact assessment and information on the decision available for inspection by members of the public during a period to be specified by the Minister. The information to be made available by the Commissioners shall comprise, a description of the public participation process, the concerns and opinions expressed by the public within the time provided, the main reasons on which the decision is based, having examined such concerns and opinions, and a description where appropriate of the main measures to avoid, reduce or offset where possible major adverse effects.

• (4) For the purposes of this section:

• (a) where, in accordance with Section 25(4) of these Regulations, a flood risk management scheme contains an environmental impact assessment, the Minister may, where he considers it necessary so to do, require the Commissioners to furnish to him such further information in relation to the effects on the environment of the proposed flood risk management works as the Minister may specify,

• (b) the Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (a) of this subsection contains significant additional data in relation to the effects on the environment of the proposed flood risk management works, require the Commissioners to:

• (i) publish in one or more newspapers circulating in the area to be included in the proposed flood risk management scheme a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified,

• (ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to such bodies as may be prescribed by the Minister by order, and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of a specified period (which shall not be longer than one month).

• (5) For the purposes of this section: