LegalizeS.I. No. 323/2026 - European Union (Planning and Development) (Renewable Energy) Regulations 2026
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.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 14th July, 2026.
I, JAMES BROWNE, Minister for Housing, Local Government and Heritage, 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 paragraph (2) of Article 16b of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 20181 as amended by Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 20232 , hereby make the following regulations:
1.
These Regulations may be cited as the European Union (Planning and Development) (Renewable Energy) Regulations 2026.
2.
Paragraph (b) of Regulation 3 shall come into operation on 1 November 2026.
3.
The Planning and Development Act 2000 is amended –
- (a) in section 37B by the insertion of the following new subsection after subsection (1):
- “(1A) Notwithstanding section 37D(1), where the proposed development is for renewable energy development or repowering development, the prospective applicant may, following entry into consultations under subsection (1), request the Board to give him or her the opinion under section 37D(1).”,
- (b) in section 37D(1), by the insertion of “and the prospective applicant has not already made the request pursuant to subsection (1A) of section 37B” after “renewable energy development or repowering development”, and
- (c) in section 37D(2), by the substitution of the following paragraph for paragraph (b):
“(b) 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, comply with the request as soon as is practicable, but in the case that the request was made under section 37B(1A) not before the following have occurred:
(i) a notice has been served under subsection (4) of section 37B, and
(ii) the notice is under paragraph (a) of that subsection.”.
GIVEN under my Official Seal,
9 July, 2026.
JAMES BROWNE,
Minister for Housing, Local Government and Heritage.
Footnotes
OJ L 328, 21.12.2018, p. 82
OJ L 2023/2413, 31.10.2023
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