LegalizeS.I. No. 296/2018 - European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 2024-03-06, LOCAL GOVERNMENT (MAYOR OF LIMERICK) AND MISCELLANEOUS PROVISIONS ACT 2024
“(2)(a) Where an appeal relating to a planning application for sub-threshold development is not accompanied by an EIAR, the Board shall carry a preliminary examination of, at the least, the nature, size or location of the development.
(b) Where the Board concludes, based on such preliminary examination, that—
(i) there is no real likelihood of significant effects on the environment arising from the proposed development, it shall conclude that an EIA is not required,
(ii) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, it shall, by notice in writing served on the applicant, require the applicant to submit to the Board the information specified in Schedule 7A for the purposes of a screening determination unless the applicant has already provided such information, or
(iii) there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—
(I) conclude that the development would be likely to have such effects, and
(II) by notice in writing served on the applicant, require the applicant to submit to the Board an EIAR and to comply with the requirements of article 112.
(2A)(a) Where an applicant is submitting to the Board the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development 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.
(b) Where the applicant is submitting to the Board the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.
(2B)(a) Where a planning application for sub-threshold development is not accompanied by an EIAR but is accompanied by the information specified in Schedule 7A and sub-article (2A), or where an applicant submits to the Board such information pursuant to a requirement issued under sub-article (2)(b)(ii), the Board shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.
(b) The Board shall make a screening determination and—
(i) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or
(ii) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—
(I) determine that the development would be likely to have such effects, and
(II) by notice in writing served on the applicant, require the applicant to submit to the Board an EIAR and to comply with the requirements of article 112.
(2C)(a) Subject to paragraph (b), any conclusion under sub-article (2)(b)(ii) or (iii) on a preliminary examination, or a screening determination under sub-article (2B)(b)(ii), shall be notified by the Board to the applicant within 8 weeks of receipt of the information specified in Schedule 7A.
(b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period specified in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.
(c) Where paragraph (b) applies, the Board shall, by notice in writing served on the applicant 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 conclusion or screening determination concerned, as the case may be, shall be reached or made, as the case may be.
- (c) by the deletion of sub-article (3),
(d) by the substitution of the following sub-articles for sub-article (4):
“(4)(a) The Board shall, in making its screening determination under sub-article (2B) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from the proposed development, have regard to—
- (i) the criteria set out in Schedule 7, - (ii) the information submitted pursuant to Schedule 7A, - (iii) the further information, if any, referred to in sub-article (2A)(*a*) and the description, if any, referred to in sub-article (2A)(*b*), - (iv) 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 - (v) in respect of a development 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](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html#sec16) (2)(*b*) of the [Wildlife (Amendment) Act 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html) (No. 38 of 2000), - (III) an area designated as a natural heritage area under [section 18](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html#sec18) of the [Wildlife (Amendment) Act 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html) , - (IV) land established or recognised as a nature reserve within the meaning of [section 15](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0015.html#sec15) or [16](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0016.html#sec16) of the [Wildlife Act 1976](https://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html) (No. 39 of 1976), - (V) land designated as a refuge for flora or as a refuge for fauna under [section 17](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0017.html#sec17) of the [Wildlife Act 1976](https://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html) , - (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 the development on such site, area, land, place or feature, as appropriate.
(b) The Board’s screening determination under sub-article (2B) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from the proposed development, as the case may be, including the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which that determination is based, and any notice under sub-article (2C)(c), shall be placed and kept with the documents relating to the planning application.
(5) Where the screening determination under sub-article (2B) is that the proposed development would not be likely to have significant effects on the environment and the applicant has provided, under sub-article (2A)(b), a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment, the Board shall specify such features, if any, and such measures, if any, in that determination.”, and
- (e) by the insertion of the following sub-article after sub-article (5):
“(6) This article shall not apply to an appeal relating to a planning application for a proposed development in respect of which a determination on a determination review or on an application referral in respect of a screening for environmental impact assessment (within the meaning of section 176A(1) of the Act) has been made by the Board pursuant to section 176C(6) of the Act.”.
Amendment of article 112 of Regulations of 2001
Article 112 of the Regulations of 2001 is amended—
- (a) by the substitution of the following sub-article for sub-article (1):
“(1) Where an EIAR is required by the Board under article 109(1), (2) or (2B), the applicant shall—
(a) not more than 2 weeks before submitting the EIAR, publish notice of the intention to submit the EIAR in at least one approved newspaper, and
(b) comply with section 172B of the Act.”,
(b) by the substitution of the following sub-article for sub-article (3):
“(3) An EIAR submitted under article 109(1), (2) or (2B) shall be accompanied by—
(a) a copy of the relevant page of the newspaper in which a notice under sub-article (1)(a) was published, and
(b) a copy of the confirmation notice.”, and
(c) in sub-article (5)—
(i) by the substitution of “article 109(1), (2) or (2B)” for “article 109(1) or (2)”, and
(ii) by the insertion of the following paragraph after paragraph (c):
“(d) send to the EIA portal in electronic form in the manner set out on the portal—
(i) a copy of the confirmation notice,
(ii) the reference number of the appeal, and
(iii) the URL to the documents placed on its website pursuant to section 146(4)(a) of the Act.”.
Amendment of article 114 of Regulations of 2001
- Article 114 of the Regulations of 2001 is amended by the insertion of “on its website for inspection and” after “made available”.
Amendment of article 115 of Regulations of 2001
- Article 115 of the Regulations of 2001 is amended—
(a) in sub-article (1), by the insertion of “together with the URL to the EIAR on the Board’s website” after “authority”, and
(b) in sub-article (2), by the insertion of “and shall include the URL to the EIAR on the Board’s website with the documents on its website referred to in section 38(3)(b) of the Act” after “in relation to that appeal”.
Scoping request to Board
- The Regulations of 2001 are amended by the substitution of the following article for article 117:
“117. (1) Before making an application for approval to the Board under section 175(3) of the Act, a local authority may, in accordance with article 95, request the Board to provide an opinion in writing on the scope and level of detail of the information to be contained in the EIAR.
(2) Where an opinion referred to in sub-article (1) has been provided, the EIAR 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 article 118 of Regulations of 2001
Article 118 of the Regulations of 2001 is amended—
(a) in paragraph (b), by the insertion of “and one electronic copy of the EIAR, searchable by electronic means as far as practicable,” before “for the proposed development”, and
(b) by the insertion of the following paragraph after paragraph (b):
“(ba) a copy of the confirmation notice,”.
Amendment of article 120 of Regulations of 2001
Article 120 of the Regulations of 2001 is amended—
(a) by the substitution of the following sub-articles for sub-article (1):
“(1)(a) Where a local authority proposes to carry out a sub-threshold development, the authority shall carry out a preliminary examination of, at the least, the nature, size or location of the development.
(b) Where the local authority concludes, based on such preliminary examination, that—
(i) there is no real likelihood of significant effects on the environment arising from the proposed development, it shall conclude that an EIA is not required,
(ii) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, it shall prepare, or cause to be prepared, the information specified in Schedule 7A for the purposes of a screening determination, or
(iii) there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—
(I) conclude that the development would be likely to have such effects, and
(II) prepare, or cause to be prepared, an EIAR in respect of the development.
(1A)(a) Where the local authority prepares, or causes to be prepared, the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development 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.
(b) Where the local authority prepares, or causes to be prepared, the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.
(1B)(a) Where the information specified in Schedule 7A and sub-article (1A) is prepared in respect of a proposed sub-threshold development, the local authority shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.
(b) The local authority shall make a screening determination and—
(i) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or
(ii) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—
(I) determine that the development would be likely to have such effects, and
(II) prepare, or cause to be prepared, an EIAR in respect of the development.”,
(b) by the deletion of sub-article (2),
(c) in sub-article (3)—
(i) by the deletion of paragraph (a),
(ii) by the substitution of the following paragraph for paragraph (b):
“(b) Where any person considers that a development proposed to be carried out by a local authority would be likely to have significant effects on the environment, he or she may, at any time before the expiration of 4 weeks beginning on the date of publication of the notice referred to in article 81(2), apply to the Board for a screening determination as to whether the development would be likely to have such effects.”,
(iii) in paragraph (c), by the insertion of “screening” before “determination”,
(iv) by the insertion of the following paragraphs after paragraph (c):
“(ca) The Board shall, by notice in writing served on the local authority, require the local authority to submit to the Board the information specified in Schedule 7A for the purposes of a screening determination.
(cb)(i) Where a local authority is submitting to the Board the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development 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.
- (ii) Where a local authority is submitting to the Board the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development. (*cc*)(i) Where a local authority submits the information specified in Schedule 7A and paragraph (*cb*) pursuant to a requirement under paragraph (*ca*), the Board shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination. - (ii) The Board shall make a screening determination and— - (I) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or - (II) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall— - (A) determine that the development would be likely to have such effects, and - (B) by notice in writing served on the local authority, require the local authority to prepare, or cause to be prepared, an EIAR in respect of the development.”, - (v) by the deletion of paragraph (*d*), and - (vi) in paragraph (*e*), by the substitution of “paragraphs (*b*) and (*ca*)” for “paragraphs (*a*) and (*b*)”, - (*d*) by the insertion of the following sub-article after sub-article (3): “(3A)(*a*) Subject to paragraph (*b*), the screening determination made by the Board under sub-article (3)(*cc*) shall be notified by the Board to the person who made the application under sub-article (3)(*b*) and the local authority within 8 weeks of receipt of the information specified in Schedule 7A.
(b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period specified in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.
(c) Where paragraph (b) applies, the Board shall, by notice in writing served on the person who made the application under sub-article (3)(b) and the local authority before the expiration of the period referred to in paragraph (a), inform them 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 screening determination concerned shall be made.”,
(e) by the substitution of the following sub-articles for sub-article (4):
“(4)(a) A local authority or the Board, as the case may be, shall, in making its screening determination under sub-article (1B) or (3)(cc), as the case may be, whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from the proposed development, have regard to—
- (i) the criteria set out in Schedule 7, - (ii) the information submitted pursuant to Schedule 7A, - (iii) the further relevant information, if any, referred to in sub-article (1A)(*a*) or (3)(*cb*)(i), as the case may be and the description, if any, referred to in sub-article (1A)(*b*) or (3)(*cb*)(ii), as the case may be, - (iv) 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 - (v) in respect of a development 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](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html) (No. 38 of 2000), - (III) an area designated as a natural heritage area under [section 18](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html#sec18) of the [Wildlife (Amendment) Act 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html) , - (IV) land established or recognised as a nature reserve within the meaning of [section 15](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0015.html#sec15) or [16](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0016.html#sec16) of the [Wildlife Act 1976](https://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html) (No. 39 of 1976), - (V) land designated as a refuge for flora or as a refuge for fauna under [section 17](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0017.html#sec17) of the [Wildlife Act 1976](https://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html) , - (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 the development on such site, area, land, place or feature, as appropriate.
- (b) The screening determination of the local authority or the Board, as the case may be, under sub-article (1B) or (3)(cc), as the case may be, shall include, or refer to, the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which the determination is based.
(4A)(a) Paragraph (b) applies where the screening determination of the local authority or the Board, as the case may be, under sub-article (1B) or (3)(cc), as the case may be, is that the proposed development would not be likely to have significant effects on the environment and the local authority has provided, under sub-article (1A)(b) or (3)(cb)(ii), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.
(b) The local authority or the Board, as the case may be, shall specify such features, if any, and such measures, if any, in its screening determination under sub-article (1B) or (3)(cc), as the case may be.”, and
(f) by the substitution of the following sub-article for sub-article (7):
“(7) The local authority shall, in respect of its conclusion under sub-article (1)(b)(i) or its screening determination under sub-article (1B)(b)(i), as appropriate, and the description referred to in sub-article (4A)—
(a) in addition to the documents specified in article 83, make that conclusion or screening determination, as appropriate, and that description available for inspection or purchase (at a fee not exceeding the reasonable cost of making a copy) in accordance with that article, and
(b) publish that conclusion or screening determination, as appropriate, and that description for inspection on its website within 3 working days of the publication of the notice under article 83.”.
Notification of URL to EIA portal
- The Regulations of 2001 are amended by the insertion of the following article after article 120:
“120A. The Board shall send to the EIA portal in electronic form in the manner set out on the portal—
(a) a copy of the confirmation notice,
(b) the reference number of the application for approval concerned under section 175(3) of the Act, and
(c) the URL to the documents placed on its website pursuant to section 146(4)(a) of the Act.”.
Content of decision
- The Regulations of 2001 are amended by the substitution of the following article for article 122:
“122. A decision by the Board on an application for approval under section 175 of the Act shall—
(a) state the main reasons and considerations on which the decision is based,
(b) in relation to the granting or refusal of approval, where a decision (being a decision which arises from the consideration of the EIAR concerned) by the Board to grant or to refuse approval is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, indicate the main reasons for not accepting the recommendation in the report to grant or refuse approval,
(c) where a decision to impose a condition (being an environmental condition which arises from the consideration of the EIAR concerned) in relation to the approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on an application for approval on behalf of the Board, indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the report in relation to such condition,
(d) be accompanied by a statement 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
(e) include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.”.
Amendment of article 123 of Regulations of 2001
Article 123 of the Regulations of 2001 is amended—
(a) by the insertion of the following sub-article after sub-article (1):
“(1A) The Board shall, within 3 working days of making its decision on an application for approval, place and maintain that decision on its website for inspection thereon in perpetuity.”, and
- (b) in sub-article (2), by the substitution of “sub-article (1), make a copy of the relevant EIAR available, and maintain such decision and EIAR, on its website for inspection thereon in perpetuity, and make such decision and EIAR available for inspection or purchase,” for “sub-article (1)(b), make a copy of the relevant EIS available for inspection or purchase,”.
Amendment of article 123A of Regulations of 2001
Article 123A of the Regulations of 2001 is amended—
(a) by the substitution of the following sub-articles for sub-article (1):
“(1)(a) Where a State authority proposes to carry out a sub-threshold development prescribed under section 181 of the Act, the authority shall carry out a preliminary examination of, at the least, the nature, size or location of the development.
(b) Where the State authority concludes, based on such preliminary examination, that—
(i) there is no real likelihood of significant effects on the environment arising from the proposed development, the authority shall conclude that an EIA is not required,
(ii) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, it shall prepare, or cause to be prepared, the information specified in Schedule 7A for the purposes of a screening determination, or
(iii) there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—
(I) conclude that the development would be likely to have such effects, and
(II) prepare, or cause to be prepared, an EIAR in respect of the development.
(1A)(a) Where the State authority prepares, or causes to be prepared, the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development 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.
(b) Where the State authority prepares, or causes to be prepared, the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.
(1B)(a) Where the information specified in Schedule 7A and sub-article (1A) is prepared in respect of a proposed sub-threshold development, the State authority shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.
(b) The State authority shall make a screening determination and—
(i) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or
(ii) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—
(I) determine that the development would be likely to have such effects, and
(II) prepare, or cause to be prepared, an EIAR in respect of the development.”,
(b) by the deletion of sub-article (2),
(c) in sub-article (3)—
(i) by the deletion of paragraph (a),
(ii) by the substitution of the following paragraph for paragraph (b)—
“(b) Where any person considers that a development proposed to be carried out by a State authority under section 181 of the Act would be likely to have significant effects on the environment, he or she may, at any time before the expiration of 4 weeks beginning on the date of the publication of the notice referred to in article 87(3), apply to the Board for a screening determination as to whether the development would be likely to have such effects.”,
(iii) in paragraph (c), by the insertion of “screening” before “determination”,
(iv) by the insertion of the following paragraphs after paragraph (c):
“(ca) The Board shall, by notice in writing served on the State authority, require the State authority to submit to the Board the information specified in Schedule 7A for the purposes of a screening determination.
(cb)(i) Where a State authority is submitting to the Board the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development 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.
- (ii) Where a State authority is submitting to the Board the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development. (*cc*)(i) Where a State authority submits the information specified in Schedule 7A and paragraph (*cb*) pursuant to a requirement issued under paragraph (*ca*), the Board shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination. - (ii) The Board shall make a screening determination and— - (I) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or - (II) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall— - (A) determine that the development would be likely to have such effects, and - (B) by notice in writing served on the State authority, require the authority to prepare, or cause to be prepared, an EIAR in respect of the development.”, - (v) by the deletion of paragraph (*d*), and - (vi) in paragraph (*e*), by the substitution of “paragraphs (*b*) and (*ca*)” for “paragraphs (*a*) and (*b*)”, - (*d*) by the insertion of the following sub-article after sub-article (3): “(3A)(*a*) Subject to paragraph (*b*), the screening determination made by the Board under sub-article (3)(*cc*) shall be notified by the Board to the person who made the application under sub-article (3)(*b*) and the State authority within 8 weeks of receipt of the information specified in Schedule 7A.
(b) Subject to paragraph (c), the Board shall not be required to comply paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.
(c) Where paragraph (b) applies, the Board shall, by notice in writing served on the person who made the application under sub-article (3)(b) and the State authority before the expiration of the period referred to in paragraph (a), inform them 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 screening determination concerned shall be made.”,
(e) by the substitution of the following sub-articles for sub-article (4):
“(4)(a) A State authority or the Board, as the case may be, shall, in making its screening determination under sub-article (1B) or (3)(cc), as the case may be, whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from the proposed development, have regard to—
- (i) the criteria set out in Schedule 7, - (ii) the information submitted pursuant to Schedule 7A, - (iii) the further relevant information, if any, referred to in sub-article (1A)(*a*) or (3)(*cb*)(i), as the case may be, and the description, if any, referred to in sub-article (1A)(*b*) or (3)(*cb*)(ii), as the case may be, - (iv) 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 - (v) in respect of a development 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](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html#sec16) (2)(*b*) of the [Wildlife (Amendment) Act 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html) (No. 38 of 2000), - (III) an area designated as a natural heritage area under [section 18](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html#sec18) of the [Wildlife (Amendment) Act 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html) , - (IV) land established or recognised as a nature reserve within the meaning of [section 15](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0015.html#sec15) or [16](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0016.html#sec16) of the [Wildlife Act 1976](https://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html) (No. 39 of 1976), - (V) land designated as a refuge for flora or as a refuge for fauna under [section 17](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0017.html#sec17) of the [Wildlife Act 1976](https://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html) , - (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 the development on such site, area, land, place or feature as appropriate.
- (b) The screening determination of the State authority or the Board, as the case may be, under sub-article (1B) or (3)(cc), as the case may be, shall include, or refer to, the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which the determination is based.
(4A)(a) Paragraph (b) applies where the screening determination of the State authority or the Board, as the case may be, under sub-article (1B) or (3)(cc), as the case may be, is that the proposed development would not be likely to have significant effects on the environment and the State authority has provided, under sub-article (1A)(b) or (3)(cb)(ii), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.
(b) The State authority or the Board, as the case may be, shall specify such features, if any, and such measures, if any, in its screening determination under sub-article (1B) or (3)(cc), as the case may be.”, and
(f) by the substitution of the following sub-article for sub-article (7):
“(7) The State authority shall, in respect of its conclusion under sub-article (1)(b)(i) or screening determination under article (1B)(b)(i), as appropriate, and the description referred to in sub-article (4A)—
(a) in addition to the documents specified in article 89, make that conclusion or screening determination, as appropriate, and that description available for inspection or purchase (at a fee not exceeding the reasonable cost of making a copy) in accordance with that article, and
(b) publish that conclusion or screening determination, as appropriate, and that description for inspection on its website within 3 working days of the publication of the notice under article 83.”.
Amendment of article 132 of Regulations of 2001
Article 132 of the Regulations of 2001 is amended, in sub-article (3)—
(a) by the insertion of the following paragraph after paragraph (i):
“(ia) the URL, if known, to the application for development consent on the website of the relevant competent authority in the transboundary State concerned,”, and
(b) in paragraph (vi), by the insertion of “(being a period not earlier than 30 days after the publication of the notice)” after “specified period”.
Procedures for declarations and referrals under section 5 of Act
- The Regulations of 2001 are amended, in Part 10, by the insertion of the following Chapter after Chapter 5:
“Chapter 6Procedure for declarations and referrals under section 5 of Act
Definitions
132B. In this Chapter—
‘referral’ means a referral under section 5(3) or (4) of the Act;
‘relevant development’, in relation to a request or referral, means the development or proposed development identified in the request or referral, as the case may be;
‘relevant person’—
(a) in relation to a request, means the person making the request, and
(b) in relation to a referral, means—
(i) the person making the referral pursuant to section 5(3) of the Act, or
(ii) where a planning authority has made a referral under section 5(4) of the Act, the person, if any, who made the request that gave rise to that referral;
‘request’ means a request under section 5(1) of the Act.
Preliminary examination of whether request or referral relates to development or proposed development requiring environmental impact assessment
132C. (1) Where a request is made to a planning authority or a referral is made to the Board, the authority or the Board, as appropriate, shall carry out a preliminary examination of, at the least, the nature, size or location of the relevant development.
(2) Where the planning authority or the Board, as appropriate, concludes, based on such preliminary examination, that—
(a) there is no real likelihood of significant effects on the environment arising from the relevant development, it shall conclude that an EIA is not required,
(b) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the relevant development, it shall, by notice in writing served on the relevant person, require the relevant person to submit to the planning authority or the Board, as appropriate, the information specified in Schedule 7A for the purposes of a screening determination unless the person has already provided such information, or
(c) there is a real likelihood of significant effects on the environment arising from the relevant development, it shall—
(i) conclude that the development would be likely to have such effects, and
(ii) by notice in writing served on the relevant person, declare, in the case of the authority or decide, in the case of the Board, that an EIA is or was required.
Time limit for provision of specified information
132D. (1) Sub-article (2) applies where—
(a) either—
(i) a request has been made by a relevant person other than the person who owns or occupies the land upon which the relevant development has taken place or may take place, or
(ii) such a request has become the subject of a referral, and
(b) a notice has been sent to that relevant person pursuant to article 132C(2)(b).
(2) The request or referral, as the case may be, shall be deemed to be withdrawn where the information specified in Schedule 7A is not provided to the planning authority or the Board, as appropriate, within 4 weeks of the date of issue of the notice referred to in sub-article (1)(b).
Notification to landowner or occupier where there is requirement for screening determination
132E. (1) Where a request to which a requirement under article 132C(2)(b) applies has been made by a relevant person other than the person who owns or occupies the land upon which the relevant development has taken place or may take place, the planning authority shall send a copy of the request, as soon as may be, to such owner or occupier, as the case may be.
(2)(a) The copy of the request sent to the owner or occupier pursuant to sub-article (1) shall be accompanied by a notice specifying the period, which shall be not less than 3 weeks, during which the owner or occupier may make submissions or observations—
- (i) on the request, or - (ii) in the event that the request becomes the subject of a referral, on the referral. - (*b*) Such notice shall state that the owner or occupier may provide a description of the features, if any, of the relevant development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the relevant development. (3)(*a*) Paragraph (*b*) applies where— - (i) a referral to which a requirement under article 132C(2)(*b*) applies has been made by a relevant person other than the person who owns or occupies the land upon which the relevant development has taken place or may take place, and - (ii) the planning authority has not sent a copy of the request to such owner or occupier. - (*b*) The Board shall send a copy of the request as soon as may be to such owner or occupier, as the case may be. (4)(*a*) The copy of the request sent to the owner or occupier pursuant to sub-article (3) shall be accompanied by a notice specifying the period, which shall be not less than 3 weeks, during which the owner or occupier, as the case may be, may make submissions or observations on the referral. - (*b*) Such notice shall state that the owner or occupier may provide a description of the features, if any, of the relevant development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the relevant development. *Information requirement for deciding if certain requests or referrals require environmental impact assessment* 132F. (1) Where the relevant person is submitting to the planning authority or the Board, as appropriate, the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the relevant development 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.
- (2) Where the relevant person is submitting the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the relevant development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the relevant development.
Screening determination of whether request or referral with certain accompanying information relates to development requiring environmental impact assessment
132G. (1) Where the request or referral, as the case may be, is accompanied by the information specified in Schedule 7A and article 132F, or where information pursuant to a requirement issued under article 132C(2)(b) or a notification under article 132E(2) or (4) is provided, the planning authority or the Board, as appropriate, shall carry out an examination of, at the least, the nature, size or location of the relevant development for the purposes of a screening determination.
(2) The planning authority or the Board, as appropriate, shall make a screening determination and—
(a) if such determination is that there is no real likelihood of significant effects on the environment arising from the relevant development, it shall determine that an EIA is not required, or
(b) if such determination is that there is a real likelihood of significant effects on the environment arising from the relevant development, it shall—
(i) determine that such development would be likely to have such effects, and
(ii) by notice in writing served on the relevant person declare, in the case of the planning authority, or decide, in the case of the Board, that an EIA is or was required.
Extension of time for making screening determination on request or referral
132H. (1) Subject to sub-article (2), any screening determination made by the planning authority or the Board, as appropriate, shall be notified to—
(a) the relevant person,
(b) the owner of the land, where he or she is not the relevant person,
(c) the occupier of the land, where he or she is not the relevant person or the owner of the land,
(d) any person or body consulted by the Board, and
(e) any person who has been consulted by the planning authority about the request,
within 8 weeks of receipt by the planning authority or the Board, as appropriate, of the information specified in Schedule 7A.
(2) Subject to sub-article (3), the planning authority or the Board, as appropriate, shall not be required to comply with sub-article (1) within the period specified in sub-article (1) where it appears to it that it would not be possible or appropriate, because of the exceptional circumstances of the relevant development (including in relation to the nature, complexity, location or size of such development) to do so.
(3) Where sub-article (2) applies, the planning authority or the Board, as appropriate, shall, by notice in writing served on the persons listed at sub-article (1)(a) to (e) before the expiration of the period referred to in sub-article (1), inform those persons of the reasons why it would not be possible or appropriate to comply with sub-article (1) within that period and shall specify the date before which it intends that the screening determination concerned shall be made.
Matters which must be regarded
132I. (1) The planning authority or the Board, as appropriate, shall, in making its screening determination on a request or referral, as the case may be, under this Chapter whether there is no real likelihood of significant effects on the environment arising from the relevant development or there is a real likelihood of significant effects on the environment arising from the relevant development, have regard to—
- (*a*) the criteria set out in Schedule 7, - (*b*) the information submitted pursuant to Schedule 7A, - (*c*) the further relevant information, if any, referred to in article 132F(1) and the description, if any, referred to in article 132F(2), - (*d*) 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 - (*e*) in respect of relevant development which is or 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](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html#sec16) (2)(*b*) of the [Wildlife (Amendment) Act 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html) (No. 38 of 2000), - (iii) an area designated as a natural heritage area under [section 18](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html#sec18) of the [Wildlife (Amendment) Act 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html) , - (iv) land established or recognised as a nature reserve within the meaning of [section 15](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0015.html#sec15) or [16](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0016.html#sec16) of the [Wildlife Act 1976](https://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html) (No. 39 of 1976), - (v) land designated as a refuge for flora or as a refuge for fauna under [section 17](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0017.html#sec17) of the [Wildlife Act 1976](https://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html) , - (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 development on such site, area, land, place or feature, as appropriate.
- (2) The planning authority or the Board, as appropriate, shall include, or refer to, in its screening determination made on a request or referral, the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which the determination is based.
Features or measures incorporated or envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment
132J. (1) Sub-article (2) applies where the screening determination made on a request or referral, as the case may be, is that the relevant development would not be likely to have, or does not have, as the case may be, significant effects on the environment and the owner or occupier of the land in question has provided, under article 132E, a description of the features, if any, of such development and the measures, if any, incorporated or envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the relevant development.
- (2) The planning authority or the Board, as appropriate, shall specify such features, if any, and such measures, if any, in its screening determination made on a request or referral.
Publication of declaration by planning authority
132K. Where a planning authority has made a screening determination under article 132G, it shall publish the declaration pursuant to section 5(1) of the Act on its website, or in a newspaper circulating in the area where the relevant development is or would be situated, or both on that website and in such newspaper, together with a notice—
- (*a*) stating that the declaration issued under section 5 of the Act may be referred to the Board for review by— - (i) the relevant person, - (ii) the owner of the land, where he or she is not the relevant person, - (iii) the occupier of the land, where he or she is not the relevant person or the owner of the land, or - (iv) any person or body consulted by the planning authority about the request, - (*b*) stating that a person may question the validity of the screening determination by the planning authority as to whether an EIA is or is not required by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( [S.I. No. 15 of 1986](https://www.irishstatutebook.ie/1986/en/si/0015.html) ), in accordance with sections 50 and 50A, and - (*c*) identifying where practical information on the mechanism for questioning the validity of the screening determination can be found. *Publication of decision by Board* 132L. Where the Board has made a screening determination under article 132G, it shall publish the decision, under section 5(3) or (4), as the case may be, of the Act on its website, or in a newspaper circulating in the area where the relevant development is or would be situated, or both on that website and in such newspaper, together with a notice— - (*a*) stating that a person may question the validity of the screening determination by the Board as to whether an EIA is or is not required by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( [S.I. No. 15 of 1986](https://www.irishstatutebook.ie/1986/en/si/0015.html) ), in accordance with sections 50 and 50A, and - (*b*) identifying where practical information on the mechanism for questioning the validity of the screening determination can be found.”. *Amendment of article 210 of Regulations of 2001* 82. Article 210 of the Regulations of 2001 is amended— - (*a*) in sub-article (4)(ii), by the substitution of “subject to sub-article (4A), the provision” for “the provision”, and - (*b*) by the insertion of the following sub-article after sub-article (4):
- “(4A) Where the Board requires a website for the purpose of sub-article (4)(ii), the EIAR referred to in that sub-article shall be placed on that website in electronic form searchable by electronic means as far as practicable.”.
Amendment of article 214 of Regulations of 2001
Article 214 of the Regulations of 2001 is amended—
(a) in sub-article (1)—
(i) by the substitution of “Subject to sub-article (2), when making” for “when making”, and
(ii) by the insertion of the following paragraph after paragraph (b):
“(ba) a copy of the confirmation notice,”, and
(b) by the substitution of the following sub-article for sub-article (2):
“(2)(a) The EIAR shall be given in electronic form searchable by electronic means as far as practicable.
- (b) Where the Board so consents or specifies, any or all of the copies or other information (other than the EIAR) specified in sub-article (1) shall be given in electronic form.”.
Notification of URL and reference number of application
- The Regulations of 2001 are amended by the insertion of the following article after article 214B:
“214C. As soon as may be after placing any EIAR or any revised EIAR on its website, the Board shall send to the EIA portal in electronic form in the manner set out on the portal—
(a) a copy of the confirmation notice or notices, as the case may be,
(b) the Board’s file reference number of the application, and
(c) the URL to the documents placed on its website pursuant to section 146(4)(a) of the Act.”.
Content of remedial EIAR
- The Regulations of 2001 are amended, in Part 19, by the insertion of the following article before article 223:
“222A. A remedial EIAR shall—
(a) take into account the available results of other relevant assessments under European Union or national legislation with a view to avoiding duplication of assessments, and
(b) contain—
(i) a reference list detailing the sources used for the descriptions and assessments included in the report, and
(ii) a list of the experts who contributed to the preparation of the report, identifying for each such expert—
(I) the part or parts of the report which he or she is responsible for or to which he or she contributed,
(II) his or her competence and experience, including relevant qualifications, if any, in relation to such parts, and
(III) such additional information in relation to his or her expertise that the person or persons preparing the EIAR consider demonstrates the expert’s competence in the preparation of the report and ensures its completeness and quality.”.
Amendment of article 223 of Regulations of 2001
- Article 223 of the Regulations of 2001 is amended, in sub-article (1)—
(a) in paragraph (a), by the deletion of “and”, and
(b) by the insertion of the following paragraph after paragraph (a):
“(aa) provide the information specified in article 223A in electronic form to the EIA portal in respect of both the remedial EIAR and, where relevant, the EIAR in the manner set out on the portal, and”.
Information to be provided to EIA portal
- The Regulations of 2001 are amended by the insertion of the following article after article 223:
“223A. The information for the purposes of article 223(1)(aa) is—
(a) the name of the applicant,
(b) a contact name, email address and phone number for correspondence with the applicant or his or her agent,
(c) the location of the development in 256 characters or less,
(d) a description of the development in 256 characters or less,
(e) a statement that the application is being made to the Board,
(f) a location map of sufficient size and containing details of features in the vicinity such as to permit the identification of the site to which the application relates, to a scale (which shall be identified thereon) of not less than 1:1000 in built up areas and 1:2500 in all other areas, or other scale as may be agreed by the Minister in a particular case, and marked so as to identify clearly the land or structure to which the application relates and the boundaries thereof in red, and
(g) an electronic copy, searchable by electronic means as far as practicable, of the newspaper notice inserted or to be inserted pursuant to article 224.”.
Amendment of article 227 of Regulations of 2001
Article 227 of the Regulations of 2001 is amended—
(a) in sub-article (2)—
- (i) by the insertion of the following paragraph after paragraph (a):
“(aa) be accompanied by a copy of the confirmation notice or notices, as the case may be,”, and
- (ii) by the insertion of the following paragraphs after paragraph (c):
“(ca) be accompanied by one copy of the remedial EIAR in electronic form and, where relevant, one copy of the EIAR in electronic form, each searchable by electronic means as far as practicable,
(cb) in the case where a screening determination as to whether an EIA was or is required, be accompanied by the information specified in Schedule 7A and any further relevant information on the characteristics of the development and its significant and 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,”, and
(b) by the insertion of the following sub-article after sub-article (2):
“(2A) The information furnished under sub-article (2)(cb) may be accompanied by a description of the features, if any, of the development or the measures, if any, incorporated or envisaged to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the development.”.
Amendment of article 228 of Regulations of 2001
Article 228 of the Regulations of 2001 is amended by the substitution of the following sub-article for sub-article (2):
“(2) Where the Board considers that an application for substitute consent complies with the requirements of section 177E(2) of the Act and articles 224, 225 and 227 it shall—
(a) send to the applicant an acknowledgement of the application, stating the date of its receipt, and
(b) send to the EIA portal in electronic form in the manner set out on the portal—
(i) a copy of the confirmation notice or notices, as the case may be,
(ii) the Board’s file reference number of the application, and
(iii) the URL to the documents placed on its website pursuant to section 146(4)(a) of the Act.”.
Amendment of article 235 of Regulations of 2001
- Article 235 of the Regulations of 2001 is amended—
(a) by the insertion of “, be placed on the Board’s website for inspection thereon in perpetuity within 3 working days of making the decision” after “possible after the decision”, and
(b) by the insertion of the following paragraphs after paragraph (e):
“(ea) the reasoned conclusion by the Board on the significant effects on the environment of the development, taking into account the results of the examination of the information contained in the remedial EIAR or EIAR concerned, or both such reports, as the case may be, and any supplementary information provided, where necessary, by the applicant and any relevant information received through consultations with prescribed authorities and, where appropriate, its own supplementary examination,
(eb) the main reasons for not accepting, or for varying, as the case may be, the recommendation, in a report of a person assigned to report on the application on behalf of the Board, where the decision to impose a condition (being an environmental condition which arises from the consideration of the remedial EIAR or EIAR concerned, or both such reports, as the case may be) is materially different, in relation to the terms of such condition,
(ec) the features, if any of the development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment of the development,
(ed) a statement 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,
(ee) measures, where appropriate, to monitor significant adverse effects on the environment, which measures shall, as regards the types of parameters to be monitored and the duration of the monitoring, be proportionate to the nature, location and size of the development and the significance of the effects on the environment of the development,
(ef) 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, such arrangements to be used for the purpose of paragraph (ee),
(eg) a summary of the results of the consultations that have taken place and information gathered in the course of the EIA 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 article 286 of Regulations of 2001
Article 286 of the Regulations of 2001 is amended—
(a) in sub-article (1)—
(i) in paragraph (c), by the deletion of “and its possible effects on the environment”, and
(ii) by the insertion of the following paragraph after paragraph (c):
“(ca) in the case of a request pursuant to section 7(1)(a)(i)(I) of the Act of 2016, a description of the nature and extent of the proposed development, and its characteristics and its likely significant effects on the environment, including the information specified in Schedule 7A, and, 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,”, and
(b) by the insertion of the following sub-article after sub-article (1):
“(1A) A request under section 7(1)(a)(i)(I) of the Act of 2016 may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.”.
Amendment of article 289 of Regulations of 2001
Article 289 of the Regulations of 2001 is amended—
- (a) by the substitution of the following sub-article for sub-article (1):
“(1) The Board shall, in making a determination under section 7(1)(a)(i)(I) of the Act of 2016, have regard to—
(a) the criteria set out in Schedule 7,
(b) the information submitted pursuant to Schedule 7A,
(c) the information referred to in article 286(1)(ca) and the description, if any, referred to in article 286(1A), and
(d) 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.”,
(b) in sub-article (2), by the insertion of “, and include, or refer to, in such determination the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which the determination is based” after “as appropriate”, and
(c) by the insertion of the following sub-article after sub-article (3):
“(4)(a) Paragraph (b) applies where the determination is that the proposed development would not be likely to have significant effects on the environment and the applicant has provided, under article 286(1A), a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.
- (b) The Board shall specify such features, if any, and such measures, if any, in its determination under section 7(1)(a)(i)(I) of the Act of 2016.”.
Amendment of article 297 of Regulations of 2001
Article 297 of the Regulations of 2001 is amended—
(a) in sub-article (2), by the insertion of the following paragraph after paragraph (b):
“(ba) where the application is accompanied by an EIAR, a copy of the confirmation notice,”,
(b) by the insertion of the following sub-article after sub-article (4):
“(4A) Where an opinion has been provided for the purposes of section 7(1)(b) of the Act of 2016 in respect of what information will be required to be contained in the EIAR, the EIAR 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
- (c) by the insertion of the following sub-article after sub-article (6):
“(7) Where the application is accompanied by an EIAR, the EIAR shall be searchable by electronic means as far as practicable.”.
Amendment of Regulations of 2001 — insertion of articles 299A to 299C
- The Regulations of 2001 are amended by the insertion of the following articles after article 299:
“EIAR submitted with sub-threshold application
299A. Where a planning application for a sub-threshold development is accompanied by an EIAR and a request for a determination under section 7(1)(a)(i)(I) of the Act of 2016 was not made, the application shall be dealt with as if the EIAR had been submitted in accordance with section 172(1) of the Act.
Requirements in relation to environmental impact assessment for sub-threshold development where no screening determination was made under section 7 of Act of 2016
299B. (1)(a) Paragraph (b) applies where—
- (i) a planning application for a sub-threshold development is made and a request for a determination under section 7(1)(*a*)(i)(I) of the Act of 2016 was not made, and - (ii) such application is not accompanied by an EIAR. (*b*)(i) The Board shall carry out a preliminary examination of, at the least, the nature, size or location of the development. - (ii) Where the Board concludes, based on such preliminary examination, that— - (I) there is no real likelihood of significant effects on the environment arising from the proposed development, it shall conclude that an EIA is not required, - (II) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, it shall satisfy itself that the applicant has provided to the Board— - (A) the information specified in Schedule 7A, - (B) any further relevant information on the characteristics of the proposed development and its likely significant effects on the environment, and - (C) a statement indicating 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. - (*c*) The information referred to in paragraph (*b*)(ii)(II) may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development. (2)(*a*) Where the information referred to in sub-article (1)(*b*)(ii)(II) was not provided by the applicant, the Board shall refuse to deal with the application pursuant to section 8(3)(*a*) of the Act of 2016. (*b*)(i) Where the information referred to in sub-article (1)(*b*)(ii)(II) was provided by the applicant, the Board shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination. - (ii) The Board shall make a screening determination and— - (I) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or - (II) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall— - (A) determine that the development would be likely to have such effects, and - (B) refuse to deal with the application pursuant to section 8(3)(*a*) of the Act of 2016. *Screening determination for EIA for sub-threshold development where no screening determination was made under section 7 of Act of 2016* 299C. (1)(*a*) The Board shall, in carrying out its screening determination under article 299B(2)(*b*) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from the proposed development, have regard to— - (i) the criteria set out in Schedule 7, - (ii) the information submitted pursuant to Schedule 7A, - (iii) the information referred to in article 299B(1)(*b*)(ii)(II) and the description, if any, referred to in article 299B(1)(*c*), - (iv) 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 - (v) in respect of a proposed development 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](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html#sec16) (2)(*b*) of the [Wildlife (Amendment) Act 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html) (No. 38 of 2000), - (III) an area designated as a natural heritage area under [section 18](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html#sec18) of the [Wildlife (Amendment) Act 2000](https://www.irishstatutebook.ie/2000/en/act/pub/0038/print.html) , - (IV) land established or recognised as a nature reserve within the meaning of [section 15](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0015.html#sec15) or [16](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0016.html#sec16) of the [Wildlife Act 1976](https://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html) (No. 39 of 1976). - (V) land designated as a refuge for flora or as a refuge for fauna under [section 17](https://www.irishstatutebook.ie/1976/en/act/pub/0039/sec0017.html#sec17) of the [Wildlife Act 1976](https://www.irishstatutebook.ie/1976/en/act/pub/0039/index.html) , - (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 the development on such site, area, land, place or feature, as appropriate. - (*b*) The Board shall— - (i) include, or refer to, in its screening determination under article 299B the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which the determination is based, and - (ii) cause such determination to be placed and kept with the documents relating to the planning application. (2)(*a*) Paragraph (*b*) applies where the screening determination is that the proposed development would not be likely to have significant effects on the environment and the applicant has provided, under article 299B(1)(*c*), a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development. - (*b*) The Board shall specify such features, if any, and such measures, if any, in the screening determination.
- (3) Article 299B and this article shall not apply to an application for a proposed strategic housing development in respect of which a determination under section 7(1)(a)(i)(I) of the Act of 2016 has been made.”.
Amendment of article 301 of Regulations of 2001
Article 301 of the Regulations of 2001 is amended—
- (a) by the insertion of the following sub-article after sub-article (2):
“(2A) Where an EIAR is submitted with an application, the Board shall place on its website for inspection by members of the public, from as soon as may be after receipt of such application, the following:
(i) the application;
(ii) the EIAR;
(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 development;
(iv) any other relevant material or information.”, and
(b) by the insertion of the following sub-article after sub-article (3):
“(4) Where an EIAR is included with a copy of an application made available in accordance with sub-article (3), the EIAR shall be searchable by electronic means as far as practicable.”.
Notification of URL and reference number of application
- The Regulations of 2001 are amended by the insertion of the following article after article 301:
“301A.As soon as may be after placing any EIAR on its website pursuant to article 301(2A), the Board shall send to the EIA portal in electronic form in the manner set out on the portal—
- (*a*) a copy of the confirmation notice or notices, as the case may be, - (*b*) the Board’s file reference number of the application, and - (*c*) the URL to the documents placed on its website pursuant to article 301(2A).”. *Amendment of Regulations of 2001 — substitution of Schedules 6 and 7* 97. The Regulations of 2001 are amended by the substitution of the following Schedules for Schedules 6 and 7:“SCHEDULE 6
*Article 94* Information to be contained in EIAR 1. (*a*) A description of the proposed development comprising information on the site, design, size and other relevant features of the proposed development. - (*b*) A description of the likely significant effects on the environment of the proposed development. - (*c*) A description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment of the development. - (*d*) A description of the reasonable alternatives studied by the person or persons who prepared the EIAR, which are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed development on the environment. 2. Additional information, relevant to the specific characteristics of the development or type of development concerned and to the environmental features likely to be affected, on the following matters, by way of explanation or amplification of the information referred to in paragraph 1: - (*a*) a description of the proposed development, including, in particular— - (i) a description of the location of the proposed development, - (ii) a description of the physical characteristics of the whole proposed development, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases, - (iii) a description of the main characteristics of the operational phase of the proposed development (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used, and - (iv) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases; - (*b*) a description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the person or persons who prepared the EIAR, which are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects; - (*c*) a description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without the development as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge; - (*d*) a description of the factors specified in paragraph (*b*)(i)(I) to (V) of the definition of ‘environmental impact assessment’ in section 171A of the Act likely to be significantly affected by the proposed development: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape; (*e*)(i) a description of the likely significant effects on the environment of the proposed development resulting from, among other things— - (I) the construction and existence of the proposed development, including, where relevant, demolition works, - (II) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources, - (III) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste, - (IV) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters), - (V) the cumulation of effects with other existing or approved developments, or both, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources, - (VI) the impact of the proposed development on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the proposed development to climate change, and - (VII) the technologies and the substances used, and - (ii) the description of the likely significant effects on the factors specified in paragraph (*b*)(i)(I) to (V) of the definition of ‘environmental impact assessment’ in section 171A of the Act should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the proposed development, taking into account the environmental protection objectives established at European Union level or by a Member State of the European Union which are relevant to the proposed development; - (*f*) a description of the forecasting methods or evidence used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information, and the main uncertainties involved; - (*g*) a description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of an analysis after completion of the development), explaining the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset during both the construction and operational phases of the development; - (*h*) a description of the expected significant adverse effects on the environment of the proposed development deriving from its vulnerability to risks of major accidents and/or disasters which are relevant to it. Relevant information available and obtained through risk assessments pursuant to European Union legislation such as the Seveso III Directive or the Nuclear Safety Directive or relevant assessments carried out pursuant to national legislation may be used for this purpose, provided that the requirements of the Environmental Impact Assessment Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for, and proposed response to, emergencies arising from such events.
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