S.I. No. 296/2018 - European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018

ARRANGEMENT OF REGULATIONS

PART 1 Preliminary Matters

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PART 2 Amendment of planning and development act 2000

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PART 3 Amendment of Planning and Development (Housing) and Residential Tenancies Act 2016

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PART 4 Amendment of Planning and Development (Amendment) Act 2018

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PART 5 Amendment of Planning and Development Regulations 2001

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SCHEDULE 1 Amendment of Act of 2000 in relation to References to Environmental Impact Statement

SCHEDULE 2 Amendment of Act of 2016 in relation to References to Environmental Impact Statement

SCHEDULE 3 Amendment of Regulations of 2001 in relation to References to Environmental Impact Statement

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

SCHEDULE 10

SCHEDULE 11

SCHEDULE 12 S.I. No. 296 of 2018

EUROPEAN UNION (PLANNING AND DEVELOPMENT) (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st July, 2018.

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011¹ on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014² amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, hereby make the following regulations:

Part 1 Preliminary Matters

Citation, collective citations and construction

• (2) Parts 2, 3 and 4 and Schedules 1 and 2 shall be included in the collective citation “Planning and Development Acts 2000 to 2018” and shall be construed together as one.

• (3) The Planning and Development Regulations 2001 to 2017, the Planning and Development (Amendment) Regulations 2018 ( S.I. No. 29 of 2018 ), the Planning and Development (Amendment) (No. 2) Regulations 2018 ( S.I. No. 30 of 2018 ), the Planning and Development (Amendment) (No. 3) Regulations 2018 ( S.I. No. 31 of 2018 ), Part 5 and Schedules 3 to 12 may be collectively cited as the Planning and Development Regulations 2001 to 2018.

Commencement

• (2) Regulations 21, 67(d) and 69(e) shall come into operation on 1 January 2019.

Transitional arrangements

• (a) in respect of a determination under section 172(1)(b) of the Act of 2000, as so in force, as to whether such development has or would be likely to have significant effects on the environment, the planning authority or the Board, as the case may be, has, before 16 May 2017, initiated making such determination;

• (b) a request has been made, before 16 May 2017—

• (i) under section 37D (1), 173(2)(a) or (3)(a), 181C(3)(b) or 182E(3) of the Act of 2000, as so in force, for an opinion to be given or provided by the planning authority or the Board, as the case may be, on the information required to be contained in an environmental impact statement relating to such development, or

• (ii) under article 117 of the Regulations of 2001, as so in force, for the Board to provide an opinion on the information to be contained in an environmental impact statement relating to such development;

• (c) a request has been made, before 16 May 2017, under section 177F(2) of the Act of 2000, as so in force, for an opinion prepared by the Board on the information required to be contained in a remedial environmental impact statement relating to such development;

• (d) an application for consent for proposed development referred to in section 172 of the Act of 2000, as so in force, accompanied by an environmental impact statement, has been made, before 16 May 2017, relating to such development.

• (2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.

• (3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.

• (4) In this Regulation—

“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);

“Regulations of 2001” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ).

Repeals

• (2) Section 34 of the Planning and Development (Amendment) Act 2018 (No. 16 of 2018) is repealed.

PART 2 AMENDMENT OF PLANNING AND DEVELOPMENT ACT 2000

Definition

Amendment of section 2 of Act of 2000

• (a) in subsection (1)—

• (i) by the substitution of the following definition for the definition of “Environmental Impact Assessment Directive”:

“ ‘Environmental Impact Assessment Directive’ means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011³ on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014⁴ amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment;”,

• (ii) by the substitution of the following definition for the definition of “environmental impact statement”:

“ ‘environmental impact assessment report’ means a report of the effects, if any, which proposed development, if carried out, would have on the environment and shall include the information specified in Annex IV of the Environmental Impact Assessment Directive;”, and

• (iii) by the insertion of the following definitions:

“ ‘confirmation notice’ means the confirmation notice sent pursuant to article 97B(2) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) following the entering onto the EIA portal of the information referred to in article 97A of those Regulations to which that notice relates;

‘EIA portal’ means the website referred to in section 172A;

‘European Union’ means European Union within the meaning of the European Communities Act 1972 (No. 27 of 1972);

‘this Act’ includes a statutory instrument made thereunder;”, and

• (b) by the insertion of the following subsection after subsection (7):

• “(8) Subject to this Act, a word or expression that is used in this Act and that is also used in the Environmental Impact Assessment Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.”.

Amendment of section 5 of Act of 2000

• (a) in subsection (2)—

• (i) in paragraph (a), by the substitution of “paragraphs (b) and (ba)” for “paragraph (b)”, and

• (ii) by the insertion of the following paragraph after paragraph (b):

“(ba)(i) Subject to subparagraph (ii), a planning authority shall not be required to comply with paragraph (a) within the period referred to in that paragraph where it appears to the planning authority that it would not be possible or appropriate, because of the exceptional circumstances of the development or proposed development (including in relation to the nature, complexity, location or size of such development) identified in the request under subsection (1) to do so.

• (ii) Where subparagraph (i) applies, the planning authority shall, by notice in writing served on—

  • (I) the person who made the request under subsection (1), and

  • (II) each person to whom a request has been made under paragraph (c),

  before the expiration of the period referred to in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with that paragraph within that period and shall specify the date before which the authority intends that the declaration concerned shall be made.”, and

• (b) by the insertion of the following subsections after subsection (7):

• “(7A) A planning authority or the Board, as the case may be, shall, in respect of a development or proposed development specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001, specify in its declaration or decision, as the case may be, whether the development or proposed development identified in the request under subsection (1) or in the referral under subsection (3) or (4), as the case may be, would be likely to have significant effects on the environment by virtue, at the least, of the nature, size or location of such development and require an environmental impact assessment.

(7B)(a) Where the planning authority issues its declaration on a request under subsection (1) or the Board makes its decision on a referral under subsection (3) or (4), as the case may be, the following documents shall, within 3 working days, be placed on the planning authority’s or Board’s, as the case may be, website for inspection and be made available for inspection and purchase by members of the public during office hours at the offices of the authority or Board, as the case may be, for at least the minimum period referred to in paragraph (b):

- (i) a copy of the question arising as to what is or is not development or is or is not exempted development within the meaning of this Act and any information, particulars, evidence, written study or further information received or obtained from any of the following:

    - (I) the person making the request or referral, as the case may be;

    - (II) the owner or occupier of the land in question;

    - (III) any other person;

- (ii) a copy of any submissions or observations in relation to the question arising as to what is or is not development or is or is not exempted development within the meaning of this Act;

- (iii) a copy of any report prepared by or for the authority or the Board, as the case may be, in relation to the request or referral;

- (iv) a copy of the declaration of the authority or the decision of the Board, as the case may be, in respect of the question identified in the request under subsection (1) or in the referral under subsection (3) or (4), as the case may be.

- (*b*) The minimum period for the purposes of paragraph (*a*) is 8 weeks from the date of the issue of the declaration by the planning authority or the date of the decision of the Board, as the case may be.

• (7C) For the purposes of subsection (7A), the Minister may, by regulations, provide for additional, consequential or supplementary matters as regards procedures in respect of a request under subsection (1) or a referral under subsection (3) or (4), as the case may be, in relation to—

  • (a) the submission of information to the planning authority or the Board for those purposes,

  • (b) time limits within which such information shall be so submitted,

  • (c) notifications to persons concerned with the declaration or decision, as the case may be, referred to in that subsection,

  • (d) steps to be taken (including matters which must be regarded) in the course of the making of such declaration or decision, or

  • (e) the publication of such declaration or decision.”.

Amendment of section 34 of Act of 2000

• (a) in subsection (8)(ca)(ii)—

• (i) in clause (I), by the substitution of “within 8 weeks, in the case of further information in relation to the environmental impact assessment report, and within 4 weeks, in the case of further information in relation to the Natura impact statement,” for “within 4 weeks”, and

• (ii) in clause (II), by the substitution of “within 8 weeks, in the case of such further information given in relation to the environmental impact assessment report, and within 4 weeks, in the case of such further information given in relation to the Natura impact statement,” for “within 4 weeks”, and

• (b) in subsection (10)—

• (i) in paragraph (a), by the substitution of “Subject to paragraph (c) and without prejudice to section 172(1I), a decision” for “A decision”, and

• (ii) by the insertion of the following paragraph after paragraph (b):

• “(c) Where, in the case of an application for planning permission accompanied by an environmental impact assessment report, a decision by a planning authority under this section or by the Board under section 37, as the case may be—

• (i) to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report) in relation to the grant of permission is materially different, in relation to the terms of such condition, from the recommendation in—

  • (I) the reports on a planning application to the chief executive (or such other person delegated to make the decision) in the case of a planning authority, or

  • (II) a report of a person assigned to report on an appeal on behalf of the Board,

  as the case may be, a statement under paragraph (a) shall indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the reports or report in relation to such condition referred to in clause (I) or (II), as the case may be,

• (ii) to grant, subject to or without conditions, permission, such permission shall include or refer to a statement that the planning authority or the Board, as the case may be, 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, and

• (iii) shall include a summary of the results of the 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.”.

Amendment of section 37D of Act of 2000

• (a) in subsection (1), by the substitution of “the scope and level of detail of the information to be included” for “what information will be required to be contained”,

• (b) in subsection (2)(b), by the insertion of “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,” before “comply”, and

• (c) by the insertion of the following subsection after subsection (3):

• “(3A) Where an opinion referred to in subsection (2) 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.”.

Amendment of section 37H of Act of 2000

• (a) in subsection (1A)(a), by the insertion of “as soon as may be” after “published”,

• (b) in subsection (2)—

• (i) in paragraph (a), by the insertion of “subject to paragraph (ba),” before “the main”,

• (ii) in paragraph (b)—

• (I) by the insertion of “subject to paragraph (bb),” before “where conditions”, and

• (II) by the deletion of “and”, and

• (iii) by the insertion of the following paragraphs after paragraph (b):

• “(ba) in relation to the granting or refusal of any permission, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to grant or refuse permission 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 grant or refuse permission,

• (bb) 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 the grant of any permission 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 permission 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,

• (bc) in relation to the granting or refusal of any permission, 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, and”, and

• (c) by the insertion of the following subsection after subsection (2):

• “(2A) A decision given under section 37G and the notification of the decision shall include a summary of the results of the 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.”.

Amendment of section 38 of Act of 2000

• (a) in subsection (1), by the insertion of “, subject to subsection (3),” after “the authority and”, and

• (b) by the substitution of the following subsections for subsection (3):

“(3)(a) Where a planning application is not accompanied by an environmental impact assessment report, any other document referred to in subsection (1)(a) or (b) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority by placing the document on the authority’s website for inspection or in other electronic form.

• (b) Where a planning application is accompanied by an environmental impact assessment report—

  • (i) a document referred to in subsection (1)(a) which is received or obtained by a planning authority shall be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document and may also be made available for inspection by the authority in other electronic form,

  • (ii) a document referred to in subsection (1)(b) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority for inspection by placing the document on the authority’s website or in other electronic form, and

  • (iii) a document referred to in subsection (1)(c), (d) or (e) which is received or obtained by a planning authority shall be placed on its website for inspection within 3 working days of the giving of the decision in respect of the application.

• (3A) Without prejudice to the Freedom of Information Act 2014 , and the European Communities (Access to Information on the Environment) Regulations 2007 to 2014, and any regulations amending those regulations, and the Data Protection Acts 1988 to 2018, the documents placed on the planning authority’s website pursuant to subsection (3)(b) shall be maintained and available for inspection thereon in perpetuity.”.

Amendment of section 146 of Act of 2000

• (a) by the substitution of the following subsection for subsection (4):

• “(4) It shall be sufficient compliance with the requirement referred to in subsection (3) for the Board—

  • (a) where an environmental impact assessment report or a remedial environmental impact assessment report (as construed in accordance with section 177F), or both such reports, is or are, as the case may be, submitted with an application or request, or any such report is received by the Board in the course of considering an application, request or appeal, to place on its website for inspection and make available for inspection and purchase by members of the public at the offices of the Board from as soon as may be after receipt of such report—

    • (i) the application, request or appeal, as the case may be,

    • (ii) the environmental impact assessment report or remedial environmental impact assessment report, or both such reports, as the case may be,

    • (iii) the notice or notices, as the case may be, published in one or more newspapers circulating in the area in which it is proposed to carry out the development, or in which the development is located, indicating the nature and location of the proposed development or development, as the case may be,

    • (iv) any further information furnished by, or alterations to the terms of the development made by, or a revised environmental impact assessment report or a revised remedial environmental impact assessment report (as construed in accordance with section 177F), or both such reports, as the case may be, furnished by, the person who is proposing to carry out or who has carried out the development, as the case may be, and

    • (v) any other relevant material or information, or

  • (b) in any other case, to do both of the following (or, as appropriate, the Board, in the exercise of the discretion referred to in subsection (3), may do both of the following):

    • (i) make the relevant material or information available for inspection—

      • (I) at the offices of the Board or any other place, or

      • (II) by electronic means; and

    • (ii) notify the person concerned that the relevant material or information is so available for inspection.”, and

• (b) by the substitution of the following subsection for subsection (7):

• “(7) The documents referred to in subsection (5) shall—

  • (a) where an environmental impact assessment was carried out, be made available for inspection on the Board’s website in perpetuity beginning on the third day following the making by the Board of the decision on the matter concerned, or

  • (b) where no environmental impact assessment was carried out, be made available by the means referred to in subsection (5)(b) for a period of at least 5 years beginning on the third day following the making by the Board of the decision on the matter concerned.”.

Amendment of section 146B of Act of 2000

• (a) by the substitution of the following subsection for subsection (3):

“(3)(a) If the Board decides that the making of the alteration would not constitute the making of a material alteration of the terms of the development concerned, it shall alter the planning permission, approval or other consent accordingly and notify the person who made the request under this section, and the planning authority or each planning authority for the area or areas concerned, of the alteration.

• (b) If the Board decides that the making of the alteration would constitute the making of such a material alteration, it shall—

  • (i) by notice in writing served on the requester, require the requester to submit to the Board the information specified in Schedule 7A to the Planning and Development Regulations 2001 in respect of that alteration, or in respect of the alternative alteration being considered by it under subparagraph (ii)(II), unless the requester has already provided such information, or an environmental impact assessment report on such alteration or alternative alteration, as the case may be, to the Board, and

  • (ii) following the receipt of such information or report, as the case may be, determine whether to—

    • (I) make the alteration,

    • (II) make an alteration of the terms of the development concerned, being an alteration that would be different from that to which the request relates (but which would not, in the opinion of the Board, represent, overall, a more significant change to the terms of the development than that which would be represented by the latter alteration), or

    • (III) refuse to make the alteration.”,

• (b) by the insertion of the following subsections after subsection (3):

• “(3A) Where the requester is submitting to the Board the information referred to in subsection (3)(b)(i), that information shall be accompanied by any further relevant information on the characteristics of the alteration under consideration and its likely significant effects on the environment including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

• (3B) Where the requester is submitting to the Board the information referred to in subsection (3)(b)(i), that information may be accompanied by a description of the features, if any, of the alteration under consideration and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the alteration.”,

• (c) in subsection (4)—

• (i) by the substitution of “determination under subsection (3)(b)(ii)” for “determination under subsection (3)(b)”, and

• (ii) by the substitution of “subsection (3)(b)(ii)(II)” for “subsection (3)(b)(ii)”,

• (d) by the insertion of the following subsection after subsection (4):

“(4A)(a) Subject to paragraph (b), within 8 weeks of receipt of the information referred to in subsection (3)(b)(i), the Board shall make its determination under subsection (4).

• (b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period referred to in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the alteration under consideration (including in relation to the nature, complexity, location or size of such alteration) to do so.

• (c) Where paragraph (b) applies, the Board shall, by notice in writing served on the requester before the expiration of the period referred to in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the Board intends that the determination concerned shall be made.”,

• (e) in subsection (5)—

• (i) by the substitution of “in subsection (3)(b)(ii)” for “in subsection (3)(b)”, and

• (ii) in paragraph (a), by the substitution of “subsection (3)(b)(ii)” for “subsection (3)(b)”,

• (f) in subsection (6), by the substitution of “subsection (3)(b)(ii)” for “subsection (3)(b)”,

• (g) by the substitution of the following subsections for subsection (7):

“(7)(a) In making a determination under subsection (4), the Board shall have regard to—

• (i) the criteria for the purposes of determining which classes of development are likely to have significant effects on the environment set out in any regulations made under section 176,

• (ii) the criteria set out in Schedule 7 to the Planning and Development Regulations 2001,

• (iii) the information submitted pursuant to Schedule 7A to the Planning and Development Regulations 2001,

• (iv) the further relevant information, if any, referred to in subsection (3A) and the description, if any, referred to in subsection (3B),

• (v) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

• (vi) in respect of an alteration under consideration which would be located on, or in, or have the potential to impact on—

  • (I) a European site,

  • (II) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

  • (III) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

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

  • (V) land designated as a refuge for flora or a refuge for fauna under section 17 of the Wildlife Act 1976 ,

  • (VI) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

  • (VII) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

  the likely significant effects of such alteration on such site, area, land, place or feature, as appropriate.

• (b) The Board shall include, or refer to, in its determination under subsection (4) the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination is based.

• (7A) Where the determination of the Board under subsection (4) is that the alteration under consideration would not be likely to have significant effects on the environment and the applicant has, under subsection (3B), provided a description of the features, if any, of the alteration concerned and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the alteration concerned, the Board shall specify such features, if any, and such measures, if any, in the determination,”, and

• (h) in subsection (8)—

• (i) by the substitution of “a determination under subsection (3)(b)(ii)” for “a determination under subsection (3)(b)”, and

• (ii) in paragraph (c), by the substitution of “subsection (3)(b)(ii)” for “subsection (3)(b)”.

Amendment of section 146C of Act of 2000

• (a) in subsection (1), by the substitution of “section 146B(3)(b)(ii)” for “section 146B(3)(b)”,

• (b) in subsection (2)—

• (i) in paragraph (a), by the substitution of “subsection (3)(b)(ii)(I) of that section” for “subsection (3)(b)(ii)”, and

• (ii) in paragraph (b), by the substitution of “subsection (3)(b)(ii)(II) of that section” for “subsection (3)(b)(ii)”,

• (c) in subsection (3)(b)—

• (i) in subparagraph (i), by the deletion of “and” where it last occurs, and

• (ii) by the deletion of subparagraph (ii),

• (d) in subsection (4)—

• (i) in paragraph (a), by the insertion of “and one electronic copy of the report (which shall be searchable by electronic means as far as practicable)” before “to the Board”,

• (ii) by the insertion of the following paragraph after paragraph (a):

• “(aa) submit a copy of the confirmation notice to the Board,”, and

• (iii) in paragraph (b)(iv), by the substitution of “30 days” for “4 weeks”,

• (e) in subsection (5), by the substitution of “section 146B(3)(b)(ii)” for “section 146B(3)(b)”,

• (f) in subsection (7), by the substitution of “section 146B(3)(b)(ii)” for “section 146B(3)(b)”,

• (g) in subsection (8)—

• (i) by the substitution of “section 146B(3)(b)(ii)” for “section 146B(3)(b)”, and

• (ii) by the substitution of the following paragraph for paragraph (a):

• “(a) it shall—

  • (i) give public notice of the determination (including notice in the area in which the development concerned is proposed to be, or is being, carried out),

  • (ii) inform the prescribed bodies or persons sent a copy of the environmental impact assessment report in accordance with subsection (4)(c), and

  • (iii) inform any state to which an environmental impact assessment report has been sent under subsection (4)(d) of the determination, including, if the determination is of the kind referred to in paragraph (b), particulars of the determination, and”, and

• (iii) in paragraph (b) by the substitution of “section 146B(3)(b)(ii)” for “section 146B(3)(b)”, and

• (h) by the insertion of the following subsections after subsection (8):

• “(8A) Where the Board makes a determination under section 146B(3)(b)(ii) in a case to which this section applies, the determination shall—

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

  • (b) where the determination (being a determination which arises from the consideration of the environmental impact assessment report concerned) by the Board to make an alteration of either kind referred to in section 146B(3)(b)(ii), or to refuse to make an alteration, is different from the recommendation in a report of a person assigned to report on the request on behalf of the Board, state the main reasons for not accepting the recommendation in the last-mentioned report, and

  • (c) include a summary of the results of the 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 determination or otherwise addressed.

• (8B) Where the Board makes a determination under section 146B(3)(b)(ii), in a case to which this section applies, to make an alteration of either kind referred to in that section and imposes a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to the determination which 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 request on behalf of the Board, the determination shall indicate 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.

• (8C) Where the Board makes a determination under section 146B(3)(b)(ii), in a case to which this section applies, to make an alteration of either kind referred to in that section, the determination shall be accompanied by a statement that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the alteration was up to date at the time of the making of the determination.”.

Provisions supplementary to sections 146B and 146C

“146CA. (1) (a) Paragraph (b) applies where a person—

• (i) is carrying out or intending to carry out strategic infrastructure development and intends to make a request under section 146B(1), accompanied by an environmental impact assessment report, to the Board to alter the terms of the development, or

• (ii) is required by the Board pursuant to section 146C to submit an environmental impact assessment report to the Board.

(b)(i) Subparagraph (ii) applies where, before a person submits an environmental impact assessment report to the Board, he or she requests the Board to give him or her an opinion in writing on the scope and level of detail of the information required to be included in the report.

• (ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the person referred to in subparagraph (i), in particular on the specific characteristics of the proposed alteration, 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 an environmental impact assessment report, subject to any prescribed consultations to be carried out by the Board in relation to such opinion.

• (iii) The Board shall give the opinion before the submission by the person referred to in subparagraph (i) of the environmental impact assessment report.

• (2) Where an opinion referred to in subsection (1) 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 alteration of the terms of the development, taking into account current knowledge and methods of assessment.”.

Definitions

“171A. In this Part—

‘environmental impact assessment’ means a process—

• (a) consisting of—

  • (i) the preparation of an environmental impact assessment report by the applicant in accordance with this Act and regulations made thereunder,

  • (ii) the carrying out of consultations in accordance with this Act and regulations made thereunder,

  • (iii) the examination by the planning authority or the Board, as the case may be, of—

    • (I) the information contained in the environmental impact assessment report,

    • (II) any supplementary information provided, where necessary, by the applicant in accordance with section 172(1D) and (1E), and

    • (III) any relevant information received through the consultations carried out pursuant to subparagraph (ii),

  • (iv) the reasoned conclusion by the planning authority or the Board, as the case may be, on the significant effects on the environment of the proposed development, taking into account the results of the examination carried out pursuant to subparagraph (iii) and, where appropriate, its own supplementary examination, and

  • (v) the integration of the reasoned conclusion of the planning authority or the Board, as the case may be, into the decision on the proposed development, and

• (b) which includes—

  • (i) an examination, analysis and evaluation, carried out by the planning authority or the Board, as the case may be, in accordance with this Part and regulations made thereunder, that identifies, describes and assesses, in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed development on the following:

    • (I) population and human health;

    • (II) biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Birds Directive;

    • (III) land, soil, water, air and climate;

    • (IV) material assets, cultural heritage and the landscape;

    • (V) the interaction between the factors mentioned in clauses (I) to (IV), and

  • (ii) as regards the factors mentioned in subparagraph (i)(I) to (V), such examination, analysis and evaluation of the expected direct and indirect significant effects on the environment derived from the vulnerability of the proposed development to risks of major accidents or disasters, or both major accidents and disasters, that are relevant to that development;

  ‘proposed development’ means proposed development within the meaning of section 172(1A)(a).”.

Amendment of section 172 of Act of 2000

• (a) in subsection (1)—

• (i) in paragraph (a)—

• (I) in subparagraph (i)(I), by the substitution of “would equal or exceed, as the case may be,” for “would exceed”, and

• (II) in subparagraph (ii)(I), by the substitution of “would equal or exceed, as the case may be,” for “would exceed”, and

• (ii) in paragraph (b)(i), by the substitution of “does not equal or exceed, as the case may be,” for “does not exceed”,

• (b) by the substitution of the following subsection for subsection (1B):

• “(1B) An applicant for consent to carry out a proposed development referred to in subsection (1)(a) shall furnish an environmental impact assessment report, which shall be prepared by experts with the competence to ensure its completeness and quality, to the planning authority or the Board, as the case may be, in accordance with the permission regulations.”,

• (c) by the substitution of the following subsection for subsection (1D):

“(1D)(a) The planning authority or the Board, as the case may be, shall consider whether an environmental impact assessment report submitted under this section identifies and describes adequately the direct and indirect significant effects on the environment of the proposed development.

• (b) Where the planning authority or the Board, as the case may be, considers that the environmental impact assessment report does not identify or adequately describe such effects, it shall require the applicant for consent to furnish, within a specified period, such further information, prescribed under section 177, which is necessary to ensure the completeness and quality of the environmental impact assessment report and which is directly relevant to reaching the reasoned conclusion on the significant effects on the environment of the proposed development, as the planning authority or the Board, as the case may be, considers necessary to remedy such defect.”,

• (d) by the insertion of the following subsection after subsection (1G):

“(1GA)(a) Paragraph (b) applies where an environmental impact assessment under this section and an appropriate assessment following a determination under section 177U(4) are required to be carried out simultaneously in respect of the same development.

• (b) The planning authority or the Board, as the case may be, shall coordinate the 2 assessments.”,

• (e) in subsection (1H), by the insertion of “shall ensure it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report to ensure its completeness and quality and” after “may be,”,

• (f) by the substitution of the following subsection for subsection (1I):

“(1I)(a) Where the planning authority or the Board, as the case may be, decides to grant consent for the proposed development, it shall—

• (i) attach such conditions, if any, to the grant as it considers necessary, to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development,

• (ii) in the decision, specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development, and

• (iii) subject to paragraph (b), where appropriate, specify in the decision measures to monitor the significant adverse effects on the environment of the proposed development, being measures which, as regards the types of parameters to be monitored and the duration of the monitoring, are proportionate to the nature, location and size of the proposed development and the significance of the effects on the environment of the proposed development.

• (b) Where the planning authority or the Board, as the case may be, decides to grant consent for the proposed development, it may, if appropriate to avoid duplication of monitoring, and without prejudice to existing monitoring arrangements pursuant to national or European Union legislation (other than the Environmental Impact Assessment Directive), identify those arrangements (or such of those arrangements as it thinks appropriate in the particular case) to be used for the purpose of paragraph (a)(iii).”,

• (g) in subsection (1J)—

• (i) in paragraph (b), by the substitution of “significant effects of the proposed development on the matters set out in paragraph (b) of the definition of ‘environmental impact assessment’ in section 171A” for “effects of the proposed development on the matters set out in section 171A”, and

• (ii) by the deletion of paragraph (d), and

• (h) in subsection (3), by the substitution of the following paragraph for paragraph (a):

“(a)(i) At the request of an applicant or of a person intending to apply for permission, the Board may take the action specified in subparagraph (ii) after having afforded the planning authority concerned an opportunity to furnish observations on the request and where the Board 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.

• (ii) Subject to subparagraph (iii), the Board may grant in respect of the proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact assessment report.

• (iii) No exemption may be granted under subparagraph (ii) in respect of the proposed development if another Member State of the European Union or other state 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 intends to furnish views on those effects.”.

Amendment of Act of 2000 — insertion of sections 172A to 172C

“EIA portal

172A. The Minister shall provide, operate and maintain a website—

• (a) to which the public has access,

• (b) which contains summary information on applications and notifications of the intention to lodge applications for development consent subject to assessment under the Environmental Impact Assessment Directive or this Act, or both that Directive and this Act, as appropriate, and

• (c) for the purpose of providing a point of access to the applications referred to in paragraph (b) and associated information, assessments and decisions held by the authorities to which the applications have been or are to be made.

Provision of information by applicants to EIA portal

172B.(1) Subject to subsection (2), an applicant for consent for proposed development shall, within the period of 2 weeks before—

• (a) the making of an application for such consent which is to be accompanied by an environmental impact assessment report, or

• (b) the submission of an environmental impact assessment report when required by the planning authority or the Board, as the case may be, to do so,

provide the prescribed information in electronic form to the EIA portal in the manner set out on the portal.

• (2) Where it is provided for in national legislation that a person other than the applicant for consent for proposed development shall provide information to the EIA portal, that person shall, not later than public notification of a proposed development which is to be accompanied by an environmental impact assessment report, provide the prescribed information in electronic form to the EIA portal in the manner set out on the portal.

Response of Minister on submission of information to EIA portal

172C. On receipt of information pursuant to section 172B, or in respect of any other proposed application or application for development consent for projects likely to have significant effects on the environment, the Minister shall, within 3 working days, respond to the applicant in the prescribed manner.”.

Amendment of section 173 of Act of 2000

• (a) in subsection (2), by the substitution of the following paragraphs for paragraph (a):

“(a)(i) Subparagraph (ii) applies where an applicant or a person intending to apply for permission requests the planning authority concerned to give him or her a written opinion on the scope and level of detail of the information required to be included in an environmental impact assessment report.

• (ii) Subject to subparagraph (iii), the planning authority shall, taking into account the information provided by the applicant or person referred to in subparagraph (i), as the case may be, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in an environmental impact assessment report, subject to—

  • (I) consultation with the Board to be carried out by the planning authority in relation to such opinion, and

  • (II) any prescribed consultations to be carried out by the planning authority in relation to such opinion.

• (iii) The planning authority shall, in the case of the person referred to in subparagraph (i), give the written opinion before the submission by that person of an application for the grant of planning permission.

• (aa) Where an opinion referred to in paragraph (a) 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.”, and

• (b) in subsection (3), by the substitution of the following paragraphs for paragraph (a):

“(a)(i) Subparagraph (ii) applies where a person required by or under this Act to submit an environmental impact assessment report to the Board requests the Board to give him or her a written opinion on the scope and level of detail of the information required to be included in the report.

• (ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the person referred to in subparagraph (i), in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in the environmental impact assessment report, subject to any prescribed consultations to be carried out by the Board in relation to such opinion.

• (iii) The Board shall give the written opinion before the submission by the person referred to in subparagraph (i) of the environmental impact assessment report.

• (aa) Where an opinion referred to in paragraph (a) 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.”.

Amendment of section 175 of Act of 2000

• (a) in subsection (5)(d)—

• (i) in subparagraph (i), by the substitution of “5 weeks” for “3 weeks”, and

• (ii) in subparagraph (ii), by the substitution of “5 weeks” for “3 weeks”,

• (b) in subsection (8), by the substitution of the following paragraph for paragraph (a):

“(a)(i) The Board may take the action specified in subparagraph (ii) 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.

• (ii) Subject to subparagraph (iii), the Board may grant in respect of the proposed development an exemption from a requirement under subsection (1) to prepare an environmental impact assessment report.

• (iii) No exemption may be granted under subparagraph (ii) in respect of the proposed development if another Member State of the European Union or a state 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.”, and

• (c) in subsection (9)(a), by the substitution of “The Board shall, in respect of an application for approval under this section of proposed development, make its decision within a reasonable period of time and may, in respect of such application” for “The Board may, in respect of an application for approval under this section of proposed development”.

Amendment of Act of 2000 — insertion of sections 176A to 176C