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S.I. No. 101/1996:
EUROPEAN
COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT) REGULATIONS, 1996.
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EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT)
REGULATIONS, 1996.
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The Minister for the Environment, in exercise of the powers conferred on
him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and
for the purpose of giving effect to the Council Directive of 27 June, 1985
(No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985),
hereby makes the following Regulations:—
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Citation.
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1. (1) These Regulations may be cited as the European Communities
(Environmental Impact Assessment) (Amendment) Regulations, 1996.
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(2) These Regulations, the European Communities (Environmental Impact
Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) and the European
Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994
( S.I. No. 84 of 1994 ) shall be construed as one and may be collectively
cited as the European Communities (Environmental Impact Assessment)
Regulations, 1989 to 1996.
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Commencement.
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2. These Regulations shall come into operation on the 1st day of
October, 1996.
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Amendment of
European Communities (EIA) Regulations, 1989.
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3. Part II of the First Schedule to the European Communities
(Environmental Impact Assessment) Regulations, 1989 is hereby amended by the
substitution for subparagraph (c) of paragraph 1 thereof of the
following subparagraph:
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"(c) (i) Initial afforestation
where the area involved, either on its own or taken together with any
adjacent area planted by or on behalf of the applicant within the previous
three years, would result in a total area planted exceeding 70 hectares and
for the purposes of this subparagraph an area, other than an area planted
before the 1st day of October, 1996 shall be deemed to be adjacent if its
nearest point lies within 500 metres of any part of the area involved.
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(ii) Replacement of broadleaf high forest by conifer species, where
the area involved would exceed 10 hectares.
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(iii) Land reclamation for the purposes of conversion to another
type of land use, where the area involved would be greater than 100 hectares.".
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GIVEN under the
Official Seal of the Minister for the Environment,
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this 10th day of
April, 1996.
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BRENDAN HOWLIN,
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Minister for the Environment.
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EXPLANATORY
NOTE.
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These Regulations amend the European Communities (Environmental Impact
Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) by reducing the
threshold at which afforestation requires Environmental Impact Assessment
from 200 hectares to 70 hectares. A corresponding change has been made in
the Local Government (Planning and Development) Regulations, 1996 ( S.I. No.
100 of 1996 ) in relation to the threshold at which afforestation requires
planning permission.
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