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S.I. No. 349/1989:
EUROPEAN
COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989.
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EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989.
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CONTENTS
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PART I
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PRELIMINARY AND
GENERAL
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Article
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1. Citation.
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2. Commencement.
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3. Interpretation.
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PART II
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AMENDMENT OF
LOCAL GOVERNMENT (PLANNING & DEVELOPMENT) ACTS, 1963 TO 1983
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4. Definitions for Part II.
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5. Amendment of section 2 of Act of 1963.
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6. Amendment of section 4 of Act of 1963.
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7. Amendment of section 25 of Act of 1963.
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8. Amendment of section 26 of Act of 1963.
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9. Amendment of section 41 of Act of 1963.
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10. Amendment of section 78 of Act of 1963.
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11. Amendment of section 20 of Act of 1976.
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PART III
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AMENDMENT OF
OTHER ENACTMENTS
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12. Amendment of Public Health (Ireland)
Act, 1878.
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13. Amendment of Foreshore Act, 1933.
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14. Amendment of Air Navigation and Transport
Act, 1936.
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15. Amendment of Water Supplies Act, 1942.
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16. Amendment of Arterial Drainage Act, 1945.
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17. Amendment of Harbours Act, 1946.
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18. Amendment of Fisheries (Consolidation)
Act, 1959.
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19. Amendment of Petroleum and Other Minerals
Development Act, 1960.
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20. Amendment of Gas Act, 1976.
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21. Amendment of Fisheries Act, 1980.
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22. Amendment of Urban Renewal Act, 1986.
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PART IV
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ENVIRONMENTAL
IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY STATE AUTHORITIES
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23. Environmental impact assessment of certain
development by State authorities.
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PART V
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MISCELLANEOUS
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24. Specified development.
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25. Specified information to be contained in
an environmental impact statement.
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26. Saver for certain development.
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FIRST SCHEDULE
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Development for
the purposes of these Regulations.
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SECOND SCHEDULE
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Information to
be contained in an environmental impact statement.
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S.I. No. 349 of 1989.
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EUROPEAN COMMUNITIES (ENVIRONMENTAL
IMPACT ASSESSMENT) REGULATIONS, 1989.
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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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PART I
PRELIMINARY AND GENERAL
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Citation.
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1. These Regulations may be cited as the European Communities
(Environmental Impact Assessment) Regulations, 1989.
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Commencement.
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2. (1) These Regulations shall come into operation on the 1st day
of February, 1990.
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(2) Where these Regulations provide for the amendment of an enactment,
such enactment shall, notwithstanding any provision of the enactment as to
commencement, have effect on and from the coming into operation of these
Regulations.
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Interpretation.
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3. (1) In these Regulations:—
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"Council Directive" means the Council Directive of 27 June,
1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985) on the assessment of
the effects of certain public and private projects on the environment;
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"environmental impact statement" means
a statement, prepared in accordance with a requirement of or under any
enactment (including these Regulations), other than the European Communities
(Environmental Impact Assessment) (Motorways) Regulations, 1988 ( S.I. No.
221 of 1988 ), of the effects, if any, which proposed development, if
carried out, would have on the environment.
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(2) In these Regulations, save where the context otherwise requires:—
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( a ) any reference to a Part or Schedule which is not
otherwise identified is a reference to a Part or Schedule of these
Regulations,
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( b ) a reference to any enactment
shall be construed as a reference to that enactment as amended or adapted by
any subsequent enactment, including these Regulations.
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PART II
AMENDMENT OF LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1983
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Definitions
for Part II.
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4. In this Part:—
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"the Act of 1963" means the Local Government (Planning and
Development) Act, 1963 (No. 28 of 1963);
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"the Act of 1976" means the Local
Government (Planning and Development) Act, 1976 (No. 20 of 1976).
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Amendment of
section 2 of Act of 1963.
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5. Subsection (1) of section 2 of the Act of 1963 is hereby
amended by:—
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( a ) the insertion after the definition of "car
park" of the following definition:
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"'Council Directive' means the Council Directive of 27 June,
1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July, 1985) on the assessment of
the effects of certain public and private projects on the environment, and
any Directive amending or replacing that Directive;";
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( b ) the insertion after the definition of "development
plan" of the following definition:
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"'environmental impact statement' means a statement of the
effects, if any, which proposed development, if carried out, would have on
the environment;".
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Amendment of
section 4 of Act of 1963.
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6. Section 4 of the Act of 1963 is hereby amended by the insertion
of the following subsection after subsection (3) of that section:—
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"(4) ( a ) The Minister may, in
connection with the Council Directive, prescribe development or classes of
development for the purposes of this subsection.
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( b ) Notwithstanding paragraph (a)
of subsection (1) of this section, development which is prescribed for the
purposes of this subsection shall not be exempted development.".
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Amendment of
section 25 of Act of 1963.
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7. Section 25 of the Act of 1963 is hereby amended by:—
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( a ) the substitution for paragraph (cc) of
subsection (2) of the following paragraph:
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"(cc) in connection with the Council Directive—
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(i) the submission to the planning authority, in the case of
specified applications or classes of applications, of an environmental
impact statement in respect of the development to which the application
relates,
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(ii) enabling planning authorities to require, in the case of
specified applications or classes of applications, the submission by the
applicant of an environmental impact statement in respect of the development
to which the application relates,
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(iii) the information to be contained in an environmental impact
statement,
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(iv) the determination by planning authorities, for the purposes of
dealing with applications, of the adequacy of information contained in
environmental impact statements,
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(v) the making of submissions or observations to the planning
authority by persons other than the applicant in relation to the effects on
the environment of development in respect of which the authority has
received an environmental impact statement,
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(vi) the making available for purchase of copies of environmental
impact statements,
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(vii) requiring the giving of notice by planning authorities of any
application in respect of development which is likely to have significant
effects on the environment in another Member State of the European
Communities,";
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( b ) the insertion after subsection (2) of the following
subsections:
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"(3) ( a ) At the request of an
applicant or of a person intending to apply for permission the Minister may,
by order, having afforded the planning authority concerned an opportunity to
furnish observations on the request, and where he is satisfied that
exceptional circumstances so warrant, grant in respect of proposed
development an exemption from a requirement of or under regulations under
this section to prepare an environmental impact statement.
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( b ) The Minister in granting an
exemption under paragraph (a) of this subsection may, by order, apply
such requirements (being requirements additional to those provided for in
regulations under this section) in relation to the application for
permission as he considers necessary or appropriate.
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( c ) The Minister shall, as soon as may be, notify the
planning authority concerned of his decision on any request made to him
under paragraph (a) of this subsection, and of any requirements
applied under paragraph (b) of this subsection.
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( d ) Notice of any exemption
granted under paragraph (a) of this subsection, of the reasons for
granting it and of any requirements applied under paragraph (b) of
this subsection shall be published in the Iris Oifigiúil and in at least one
daily newspaper published in the State.
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(4) ( a ) A person who makes a request to the Minister for an
exemption under subsection (3) of this section shall, as soon as may be,
inform the planning authority concerned of the making of the request and the
date on which it was made.
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( b ) Notwithstanding subsection (4)
of section 26 of this Act, the appropriate period referred to in that
subsection shall not, in a case in which a request is made to the Minister
under subsection (3) of this section, include the period beginning on the day
of the making of the request and ending on the day of receipt by the
planning authority concerned of notice of the Minister's decision on the
request.".
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Amendment of
section 26 of Act of 1963.
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8. Section 26 of the Act of 1963 is hereby amended by:—
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( a ) the insertion after subsection (1) of the following
subsection:
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"(1A) Without prejudice to subsection (1) of this section, a
planning authority shall, in dealing with an application for permission for
the development of land in respect of which an environmental impact
statement was submitted to them in accordance with a requirement of or under
regulations under section 25 (as amended by the European Communities
(Environmental Impact Assessment) Regulations, 1989) of this Act, have
regard to that statement and to—
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( a ) any supplementary information relating to the statement
furnished to them by the applicant in accordance with regulations under that
section,
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( b ) any submissions or observations concerning the effects
on the environment of the proposed development made to them by persons other
than the applicant in accordance with regulations under that section, and
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( c ) where appropriate, the views of other Member States of
the European Communities in relation to the effects on the environment of
the proposed development.";
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( b ) the insertion after subsection (4A) of the following
subsection:
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"(4AA) (a) The Minister may, by order, before the
expiration of the appropriate period within the meaning of subsection (4) (a)
of this section, extend the said period in such manner as he considers
appropriate in the case of an application for permission for the development
of land where such development would be likely to have significant effects
on the environment in another Member State of the European Communities, and
subsection (4) (b) of this section shall, in case such an order is
made, be construed and have effect accordingly.
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( b ) The Minister shall, as soon as may be, notify the
applicant and the planning authority concerned of any order made under
paragraph (a) of this subsection.";
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( c ) the insertion after subsection (5) of the following
subsection:
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"(5A) Without prejudice to subsection (5) of this section, the
Board shall, in determining on appeal an application in respect of which an
environmental impact statement was submitted by the applicant (whether at
the instance of the Board or otherwise), have regard to that statement, to
such supplementary information, if any, relating to the statement as may
have been furnished to the Board or to the planning authority by the
applicant, and to other submissions or observations, if any, made to them
concerning the effects on the environment of the proposed
development.".
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Amendment of
section 41 of Act of 1963.
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9. Section 41 of the Act of 1963 is hereby amended by the
insertion after paragraph (a) of subsection (1) of the following
paragraph:—
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"(aa) where an environmental
impact statement was submitted in respect of an application, an indication
of this fact,".
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Amendment
of section 78 of Act of 1963.
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10. Section 78 of the Act of 1963 is hereby amended by the
insertion of the following subsections:—
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"(2) For the purposes of the Council Directive, regulations
made in relation to any specified cases or classes of cases of development
proposed to be carried out by or on behalf of local authorities who are
planning authorities may—
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( a ) require the authority to prepare an environmental
impact statement in respect of specified proposed development,
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( b ) empower the Minister to require the authority to
prepare an environmental impact statement in respect of other proposed
development,
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( c ) require the authority to have, in respect of proposed
development for which an environmental impact statement is required to be
prepared, the certification of the Minister that the proposed development
(or the proposed development as varied or modified by him) will not, in his
opinion, have significant adverse effects on the environment, or will embody
the best practicable means to prevent or limit such effects,
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( d ) require the Minister, before certifying proposed
development, to have regard to an environmental impact statement prepared in
respect of that development, to any submissions or observations made to him
in accordance with regulations under this subsection, and to the views of
other Member States of the European Communities arising from consultation,
if any, in accordance with regulations under this subsection,
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( e ) enable the Minister, in relation to the certification
referred to in paragraph (c) of this subsection, to vary or modify a
proposed development in respect of which certification is sought,
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( f ) require the authority to give public notice in any
specified form and manner, or to give notice to any specified persons, of
applications for the certification referred to in paragraph (c) of
this subsection,
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( g ) require the public availability of environmental impact
statements, the availability for purchase of copies of such statements and
the furnishing of copies of such statements to the Minister and to any other
specified persons,
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( h ) require the authority to furnish to the Minister
further information in relation to proposed development in respect of which
an environmental impact statement has been prepared,
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( i ) provide for the making of submissions or observations
to the Minister in relation to the effects on the environment of proposed
development in respect of which an environmental impact statement has been
prepared,
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( j ) provide for consultation with other Member States of
the European Communities in relation to proposed development,
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( k ) require the Minister to give notice of his decision in
relation to proposed development for which certification is sought in accordance
with regulations under this subsection,
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( l ) require a planning authority,
in dealing with an application by a local authority for permission under
Part IV of this Act for development outside the functional area of that
local authority, to have regard to any certification of the development by
the Minister under regulations in accordance with this subsection.
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(3) ( a ) The Minister may, by order, where he is satisfied
that exceptional circumstances so warrant, grant an exemption in respect of
proposed development from a requirement of regulations under subsection (2)
of this section to prepare an environmental impact statement.
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( b ) The Minister in granting an
exemption in respect of proposed development under paragraph (a) of
this subsection may, by order, apply such other requirements as he considers
necessary or appropriate.
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( c ) Notice of any exemption
granted under paragraph (a) of this subsection, of the reasons for
granting it and of any other requirements applied under paragraph (b)
of this subsection shall be published in the Iris Oifigiúil and in at least
one daily newspaper published in the State.".
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Amendment
of section 20 of Act of 1976.
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11. Section 20 of the Act of 1976 is hereby amended by the
insertion after subsection (4) of the following subsection:—
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"(5) Without prejudice to the generality of subsection (1) of
this section, the Minister may, for the purposes of the Council Directive,
make regulations enabling the Board when considering an appeal under section
26 of the Principal Act to require the submission to the Board by the
applicant of an environmental impact statement in respect of the development
to which the appeal relates, to determine the adequacy for the purposes of
their consideration of an appeal of the information contained in an environmental
impact statement (whether prepared at the instance of the Board or
otherwise), and to require the submission to the Board by the applicant of
such additional information in relation to the effects on the environment of
the proposed development as the Board considers necessary or
appropriate.".
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PART III
AMENDMENT OF OTHER ENACTMENTS
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Amendment
of Public Health (Ireland) Act, 1878.
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12. The Public Health (Ireland) Act, 1878 (41 and 42 Vict. c. 52)
is hereby amended by:—
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( a ) the insertion after section 37 of the following
section:
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"Restriction of certain inquiries.
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37A.—An inquiry held pursuant to section 37 of this Act shall not,
in the case of intended work in respect of which the certification of the
Minister has been given under regulations in accordance with section 78 (as
amended by the European Communities (Environmental Impact Assessment)
Regulations, 1989) of the Local Government (Planning and Development) Act,
1963 (No. 28 of 1963), consider the effects which the intended work, if
carried out, would have on the environment.";
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( b ) the insertion after section 63 of the following
section:
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"Restriction of certain inquiries.
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63A.—An inquiry held pursuant to section 63 of this Act shall not,
in the case of intended work in respect of which the certification of the
Minister has been given under regulations in accordance with section 78 (as
amended by the European Communities (Environmental Impact Assessment)
Regulations, 1989) of the Local Government (Planning and Development) Act,
1963 (No. 28 of 1963), consider the effects which the intended work, if
carried out, would have on the environment.".
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Amendment
of Foreshore Act, 1933 .
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13. The Foreshore Act, 1933 (No. 12 of 1933) is hereby amended
by:—
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( a ) the insertion in section 1, after the definition of
"term", of the following definition:
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"the expression 'development' has the meaning assigned to it by
section 3 of the Local Government (Planning and Development) Act, 1963 (No.
28 of 1963);";
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( b ) the addition to subsection (2) of section 10 of the
words "or would have or be likely to have significant adverse effects
on the environment";
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( c ) the insertion after section 13 of the following
section:
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"Environmental impact assessment of certain proposals relating
to the foreshore.
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13A.—(1) A relevant application to the Minister which proposes the
undertaking of development of a class for the time being specified under
Article 24 of the European Communities (Environmental Impact Assessment)
Regulations, 1989, or under any provision amending or replacing the said
Article 24, shall be accompanied by a statement of the likely effects on the
environment (hereinafter in this Act referred to as an "environmental
impact statement") of such proposed development.
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(2) Where a relevant application would involve the undertaking of
development which would be of a class referred to in subsection (1) of this
section but for not exceeding a quantity, area or other limit for the time
being specified in relation to that class, and where the Minister considers
that the said development would be likely to have significant effects on the
environment, he shall require the applicant to submit an environmental
impact statement in respect of such development.
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(3) An environmental impact statement shall contain the information
for the time being specified under Article 25 of the European Communities
(Environmental Impact Assessment) Regulations, 1989, or under any provision
amending or replacing the said Article 25.
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(4) ( a ) The Minister may, by order, where he is satisfied
that exceptional circumstances so warrant and after consultation with the
Minister for the Environment, exempt a relevant application or a proposed
relevant application from the requirement of subsection (1) of this section.
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( b ) The Minister in granting an
exemption under paragraph (a) of this subsection may, by order, apply
such other requirements in relation to the relevant application or the
proposed relevant application as he considers necessary or appropriate.
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( c ) Notice of any exemption
granted under paragraph (a) of this subsection, of the reasons for
granting it and of any other requirements applied under paragraph (b)
of this subsection shall be published in the Iris Oifigiúil and in one or
more newspapers circulating in the district in which is situated the
foreshore to which the relevant application or the proposed relevant
application relates.
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(5) In this section and in sections 19A, 19C and 21A "relevant
application" means, as the case may be—
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( a ) an application to the Minister for a lease under
section 2 of this Act,
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( b ) an application to the Minister for a licence under
section 3 of this Act,
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( c ) an application to the Minister for his approval under
section 10 of this Act for maps, plans, and specifications for erection of
structures on the foreshore,
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( d ) an application to the
Minister for his consent under section 13 of this Act for the deposit of
material on the foreshore.";
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( d ) the insertion after section 19 of the following
sections:
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"Procedure in regard to certain relevant applications.
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19A.—(1) Notwithstanding section 19 of this Act, a person who has
submitted an environmental impact statement in accordance with a requirement
of or under section 13A of this Act shall, as soon as may be, publish in one
or more newspapers circulating in the district in which is situated the
foreshore to which the relevant application relates a notice—
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( a ) stating that he has made the application and
indicating the location and nature of the proposal to which the application
relates,
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( b ) stating that an environmental impact statement has
been prepared in respect of the proposal,
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( c ) naming a place where a copy of the environmental
impact statement may be inspected free of charge or purchased by any
interested person,
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( d ) specifying the times and the period (being the
prescribed period) during which the environmental impact statement can be so
inspected or purchased,
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( e ) stating that any person may
during the prescribed period make objections and representations to the
Minister in relation to the effects on the environment of the proposal.
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(2) Copies of the environmental impact statement shall be available
for purchase by interested persons for a fee not exceeding the reasonable
cost of making a copy.
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(3) A person who has submitted an environmental impact statement in
accordance with a requirement of or under section 13A of this Act shall, as
soon as may be, furnish copies of the statement to the prescribed bodies,
and shall indicate that objections and representations may be made to the
Minister during the prescribed period in relation to the effects on the
environment of the proposal.
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(4) In this section and in section 19B "prescribed" means
prescribed by the Minister by regulations.
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Minister to have regard to certain matters in considering certain
relevant applications.
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19B.—(1) Where an environmental impact statement has been submitted
in accordance with a requirement of or under section 13A of this Act, the
Minister shall have regard to the said statement, to any objections and
representations made to him during the prescribed period in relation to the
effects on the environment of the proposal, and to the views of other Member
States of the European Communities arising from consultation, if any,
pursuant to section 19C of this Act.
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(2) The Minister may, where he considers it necessary so to do,
require an applicant who has submitted an environmental impact statement to
furnish to him such further information in relation to the effects on the
environment of the proposal as the Minister may specify.
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Consultation with other Member States of European Communities.
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19C.—(1) Where the Minister considers that development proposed in a
relevant application in respect of which an environmental impact statement
has been submitted in accordance with a requirement of or under section 13A
of this Act would be likely to have significant effects on the environment
in another Member State of the European Communities, or where another Member
State likely to be significantly affected so requests, he shall consult that
Member State in relation to the effects on the environment of the proposal.
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(2) The Minister shall notify any Member State of the European
Communities with which consultation takes place under subsection (1) of this
section of his decision on the particular relevant application.";
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( e ) the insertion after section 21 of the following
section:
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|
"Publication of notice of Minister's decision in relation to
certain relevant applications.
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21A.—Notice of the Minister's decision on a relevant application in
respect of which an environmental impact statement was submitted in
accordance with a requirement of or under section 13A of this Act shall be
published in the Iris Oifigiúil and in one or more newspapers circulating in
the district in which is situated the foreshore to which the relevant
application relates.".
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Amendment
of Air Navigation and Transport Act, 1936 .
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14. The Air Navigation and Transport Act, 1936 (No. 40 of 1936) is
hereby amended by the insertion after section 37 of the following section:
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"Environmental impact assessment of certain aerodromes proposed
to be established by local authorities.
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37A.—(1) (a) An application by a local authority under
section 37 of this Act for the consent of the Minister to the establishment
of an aerodrome which is of a class for the time being specified under
Article 24 of the European Communities (Environmental Impact Assessment)
Regulations, 1989, or under any provision amending or replacing the said
Article 24, shall be accompanied by a statement of the likely effects on the
environment (hereinafter referred to as an "environmental impact
statement") of the proposed aerodrome.
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( b ) Where an application is made to the Minister for
consent to the establishment of an aerodrome which would be of a class
referred to in paragraph (a) of this subsection but for not exceeding
a quantity, area or other limit for the time being specified in relation to
that class, and where the Minister considers that the proposed aerodrome
would be likely to have significant effects on the environment, he shall
require the local authority to submit an environmental impact statement in
respect of the proposed aerodrome.
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( c ) An environmental impact
statement shall contain the information for the time being specified under
Article 25 of the European Communities (Environmental Impact Assessment)
Regulations, 1989, or under any provision amending or replacing the said
Article 25.
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(2) Where an environmental impact statement has been submitted in
accordance with a requirement of or under subsection (1) of this section,
the local authority shall, as soon as may be, publish in one or more
newspapers circulating in the area of the proposed aerodrome a notice—
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( a ) stating that they have applied to the Minister for his
consent to establishment of the aerodrome and indicating, the location and
nature of the proposed aerodrome,
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( b ) stating that an environmental impact statement has
been prepared in respect of the proposed aerodrome,
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( c ) naming a place where a copy of the environmental
impact statement may be inspected free of charge or purchased by any
interested person,
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( d ) specifying the times and the period (being the
prescribed period) during which the environmental impact statement can be so
inspected or purchased,
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( e ) stating that any person may
during the prescribed period make submissions or observations to the
Minister in relation to the effects on the environment of the proposed
aerodrome.
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(3) Copies of the environmental impact statement shall be available
for purchase by interested persons for such fee not exceeding the reasonable
cost of making a copy as the local authority may fix.
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(4) Where a local authority have submitted an environmental impact
statement in accordance with a requirement of or under subsection (1) of
this section they shall, as soon as may be, furnish copies of the statement
to the prescribed bodies, and shall indicate that submissions or
observations may be made to the Minister during the prescribed period in
relation to the effects on the environment of the proposed aerodrome.
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(5) ( a ) Where an environmental
impact statement has been submitted in accordance with a requirement of or
under subsection (1) of this section, the Minister shall have regard to the
said statement, to any submissions or observations made to him during the
prescribed period in relation to the effects on the environment of the
proposed aerodrome, and to the views of other Member States of the European
Communities arising from consultation, if any, pursuant to subsection (7) of
this section.
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( b ) The Minister may, where he
considers it necessary so to do, require a local authority who have
submitted an environmental impact statement to furnish to him such further
information in relation to the effects on the environment of the proposed
aerodrome as the Minister may specify.
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(6) ( a ) The Minister may, by order, where he is satisfied
that exceptional circumstances so warrant and after consultation with the
Minister for the Environment, exempt an application or a proposed
application for his consent to establishment of an aerodrome from the
requirement of subsection (1) (a) of this section.
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( b ) The Minister in granting an
exemption under paragraph (a) of this subsection may, by order, apply
such other requirements in relation to the application or the proposed
application as he considers necessary or appropriate.
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( c ) Notice of any exemption
granted under paragraph (a) of this subsection, of the reasons for
granting it and of any other requirements applied under paragraph (b)
of this subsection shall be published in the Iris Oifigiúil and in one or
more newspapers circulating in the area of the proposed aerodrome.
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(7) ( a ) Where the Minister considers that a proposed
aerodrome in respect of which an environmental impact statement has been
submitted in accordance with a requirement of or under subsection (1) of
this section would be likely to have significant effects on the environment
in another Member State of the European Communities, or where another Member
State likely to be significantly affected so requests, he shall consult that
Member State in relation to the effects on the environment of the proposed
aerodrome.
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( b ) The Minister shall notify any
Member State of the European Communities with which consultation takes place
under paragraph (a) of this subsection of his decision in relation to
the proposed aerodrome.
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(8) Notice of the Minister's decision on an application in respect
of which an environmental impact statement was submitted in accordance with
a requirement of or under subsection (1) of this section shall be published
in the Iris Oifigiúil and in one or more newspapers circulating in the area
of the proposed aerodrome.".
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Amendment
of Water Supplies Act, 1942 .
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15. The Water Supplies Act, 1942 (No. 1 of 1942 ) is hereby
amended by the insertion after section 10 of the following section:—
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"10A.—(1) In this section "relevant development"
means a dam or other installation designed for the holding or storage of
water.
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(2) An inquiry held in relation to an application to the Minister
for a provisional order which would allow the coming into force of a
proposal for, inter alia, the construction of a relevant development shall
not consider the effects on the environment of such relevant development
where it has been certified by the Minister under regulations in accordance
with section 78 (as amended by the European Communities (Environmental
Impact Assessment) Regulations, 1989) of the Local Government (Planning and
Development) Act, 1963 (No. 28 of 1963).".
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Amendment
of Arterial Drainage Act, 1945 .
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16. The Arterial Drainage Act, 1945 (No. 3 of 1945) is hereby
amended by:—
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( a) the substitution for "engineering and valuation
surveys" in subsection (1) of section 4 of "engineering,
environmental and valuation surveys";
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( b) the insertion after subsection (2) of section 4 of the
following subsections:
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"(2A) ( a ) Every drainage scheme which would involve
the execution of drainage works of a class for the time being specified
under Article 24 of the European Communities (Environmental Impact
Assessment) Regulations, 1989, or under any provision amending or replacing
the said Article 24, shall contain, as a schedule annexed thereto, in
addition to the matters set out in subsection (2) of this section, a
statement of the likely effects on the environment (hereinafter in this Act
referred to as an "environmental impact statement") of the
proposed works.
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(b) (i) The Commissioners shall, before preparing a drainage
scheme which would involve the execution of drainage works which would be of
a class referred to in paragraph (a) of this subsection but for not
exceeding a quantity, area or other limit for the time being specified in
relation to that class, consult the Minister.
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(ii) Where the Minister is consulted pursuant to sub-paragraph (i)
of this paragraph and he considers that the proposed drainage works would be
likely to have significant effects on the environment, he shall direct that
the drainage scheme shall contain, as a schedule annexed thereto, in
addition to the matters set out in subsection (2) of this section, an
environmental impact statement.
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(c) An environmental impact statement contained in a
drainage scheme in accordance with paragraph (a) or (b) of
this subsection shall contain the information for the time being specified
under Article 25 of the European Communities (Environmental Impact
Assessment) Regulations, 1989, or under any provision amending or replacing
the said Article 25.
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(2B) (a) The Minister may, by order, where he is satisfied
that exceptional circumstances so warrant and after consultation with the
Minister for the Environment, exempt a proposed drainage scheme from the
requirement of paragraph (a) of subsection (2A) of this section.
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(b) The Minister in granting an exemption under paragraph (a)
of this subsection may, by order, apply such other requirements in relation
to the proposed drainage scheme as he considers necessary or appropriate.
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(c) Notice of any exemption granted under paragraph (a)
of this subsection, of the reasons for granting it and of any other
requirements applied under paragraph (b) of this subsection shall be
published in the Iris Oifigiúil and in one or more newspapers circulating in
the area proposed by such proposed scheme to be constituted a separate
drainage district.";
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(c) the insertion after paragraph (a) of subsection
(1) of section 5 of the following paragraph:
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"(aa) where, in accordance with subsection (2A) of
section 4 of this Act, the scheme contains an environmental impact
statement, send a copy of the statement to such bodies as may be prescribed
by the Minister by regulations, indicating that observations may be sent to
the Commissioners in relation to the effects on the environment of the
proposed drainage works within such period as may be specified, not being
less than one month after the sending to the body concerned of the
statement,";
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( d ) the insertion after subsection (1) of section 5 of the
following subsection:
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"(1A) Where, in accordance with subsection (2A) of section 4 of
this Act, the scheme contains an environmental impact statement, the notice
published pursuant to paragraph (b) of subsection (1) of this section
shall so indicate and shall state that copies of the statement will be
available for purchase during the period specified in the said notice, and
that any person may within that period send to the Commissioners observations
in relation to the effects on the environment of the proposed drainage
works.";
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( e ) the insertion after paragraph (a) of subsection
(2) of section 5 of the following paragraph:
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"(aa) shall, where in accordance with subsection (2A) of
section 4 of this Act the scheme contains an environmental impact statement,
cause copies of the statement to be available for purchase by interested
persons for a fee not exceeding the reasonable cost of making a copy of the
statement,";
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( f ) the insertion in subsection (1) of section 7, after
"drainage scheme" of "for the sending by prescribed bodies
and interested persons of observations in relation to the effects on the
environment of the proposed drainage works";
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( g ) the insertion after paragraph (c) of subsection
(1) of section 7 of the following paragraph:
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"(d) where, in accordance with subsection (2A) of
section 4 of this Act, the drainage scheme contains an environmental impact
statement, submit to the Minister details of observations received by them
in relation to the effects on the environment of the proposed drainage
works.";
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|
( h ) the insertion after subsection (2) of section 7 of the
following subsections:
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|
"(3) Where, in accordance with subsection (2A) of section 4 of
this Act, a drainage scheme contains an environmental impact statement, the
Minister shall—
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( a ) have regard to the said statement, to any observations
received by the Commissioners and submitted to him in accordance with
paragraph (d) of subsection (1) of this section, and to the views of
other Member States of the European Communities arising from consultation,
if any, pursuant to subsection (4) of this section,
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( b ) publish in the Iris Oifigiúil,
and in one or more newspapers circulating in the area proposed by such
scheme to be constituted a separate drainage district, notice of his decision
in relation to the scheme.
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(4) ( a ) Where the Minister considers that drainage works
envisaged in a proposed drainage scheme which, in accordance with subsection
(2A) of section 4 of this Act, contains an environmental impact statement
would be likely to have significant effects on the environment in another
Member State of the European Communities, or where another Member State
likely to be significantly affected so requests, he shall consult that
Member State in relation to the effects on the environment of the proposed
works.
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( b ) The Minister shall notify any
Member State of the European Communities with which consultation takes place
under paragraph (a) of this subsection of his decision in relation to
the particular drainage scheme.".
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|
Amendment
of Harbours Act, 1946 .
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|
17. The Harbours Act, 1946 (No. 9 of 1946) is hereby amended by:—
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( a ) the insertion after subsection (8) of section 134 of
the following subsection:
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"(9) The Minister shall, as soon as may be, publish in the Iris
Oifigiúil and in two newspapers circulating in the county in which is
situate the principal office of the harbour authority to whom the order
relates notice of the making of any harbour works order which authorises
works in respect of which an environmental impact statement was prepared in
accordance with subsection (2A) of section 138 of this Act.";
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( b ) the insertion after paragraph (a) of subsection
(1) of section 136 of the following paragraph:
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"(aa) A notice published pursuant to paragraph (a)
of this subsection in respect of a proposed harbour works order which would
authorise works in respect of which an environmental impact statement has
been prepared in accordance with subsection (2A) of section 138 of this Act
shall, without prejudice to that paragraph—
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(i) state that an environmental impact statement has been prepared
in respect of the proposed works to which the proposed order relates,
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(ii) state that a copy of the environmental impact statement may be
inspected free of charge or purchased by any interested person at the
principal office of the harbour authority, and
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(iii) specify the times and the period (being the period specified
pursuant to paragraph (b) of this subsection during which objections
and representations in relation to the order may be furnished to the
Minister) during which the environmental impact statement may be so
inspected or purchased,";
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( c ) the insertion after subsection (1) of section 136 of
the following subsection:
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"(1A) Copies of an environmental impact statement shall be
available, in accordance with the terms of the notice published pursuant to
paragraphs (a), (aa) and (b) of subsection (1) of this
section, for purchase by interested persons for a fee not exceeding the
reasonable cost of making a copy.";
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( d ) the insertion after paragraph (b) of subsection
(1) of section 136 of the following paragraph:
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"(bb) the harbour authority to whom the proposed order
relates shall, where the proposed order would authorise works in respect of
which an environmental impact statement has been prepared in accordance with
subsection (2A) of section 138 of this Act, send copies of the statement to
such bodies as may be specified by the Minister and shall indicate to those
bodies that objections and representations in relation to the effects on the
environment of the works which the order would authorise may be made to the
Minister during a specified period,";
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( e ) the insertion after paragraph (c) of subsection
(1) of section 136 of the following paragraphs:
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"(cc) in making the order the Minister shall, where the
order would authorise works in respect of which an environmental impact
statement has been prepared in accordance with subsection (2A) of section
138 of this Act, have regard, in addition to the matters mentioned in
paragraph (c) of this subsection, to the environmental impact
statement prepared by the harbour authority, and to the views of other
Member States of the European Communities arising from consultation, if any,
pursuant to paragraph (ccc) of this subsection,
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( ccc ) (i) the Minister shall, where he considers that
proposed works in respect of which an environmental impact statement has
been prepared in accordance with subsection (2A) of section 138 of this Act
would be likely to have significant effects on the environment in another
Member State of the European Communities, or where another Member State
likely to be significantly affected so requests, consult that Member State
in relation to the effects on the environment of the proposed works,
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(ii) The Minister shall notify any Member State of the European
Communities with which consultation takes place under sub-paragraph (i) of
this paragraph of his decision on the relevant application for a harbour
works order.";
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|
(f) the insertion after subsection (2) of section 138 of the
following subsections:
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|
"(2A) ( a ) Without prejudice to the generality of
subsection (2) of this section, an application for a harbour works order
authorising works of a class for the time being specified under Article 24
of the European Communities (Environmental Impact Assessment) Regulations,
1989, or under any provision amending or replacing the said Article 24,
shall contain a statement of the likely effects on the environment
(elsewhere in this Part referred to as an "environmental impact
statement") of the proposed works.
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( b ) (i) A harbour authority which
proposes to apply to the Minister for a harbour works order authorising
works which would be of a class referred to in paragraph (a) of this
subsection but for not exceeding a quantity, area or other limit for the
time being specified in relation to that class shall consult the Minister
before making such application.
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(ii) Where the Minister is consulted pursuant to sub-paragraph (i)
of this paragraph and he considers that the proposed works would be likely
to have significant effects on the environment, he shall direct that the
application for a harbour works order shall contain an environmental impact
statement.
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|
( c ) An environmental impact
statement shall contain the information for the time being specified under
Article 25 of the European Communities (Environmental Impact Assessment)
Regulations, 1989, or under any provision amending or replacing the said
Article 25.
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|
(2B) ( a ) The Minister may, by order, where he is satisfied
that exceptional circumstances so warrant and after consultation with the
Minister for the Environment, exempt proposed works from the requirement of
paragraph (a) of subsection (2A) of this section.
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( b ) The Minister in granting an
exemption under paragraph (a) of this subsection may, by order, apply
such other requirements in relation to the application for the harbour works
order as he considers necessary or appropriate.
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|
( c ) Notice of any exemption
granted under paragraph (a) of this subsection, of the reasons for
granting it and of any other requirements applied under paragraph (b)
of this subsection shall be published in the Iris Oifigiúil and in two
newspapers circulating in the county in which is situate the principal
office of the harbour authority concerned.".
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Amendment
of Fisheries (Consolidation) Act, 1959 .
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18. The Fisheries (Consolidation) Act, 1959 (No. 14 of 1959) is
hereby amended by the insertion after section 15 of the following section:—
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"Environmental impact assessment in relation to certain
applications for fish culture licences.
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15A.—(1) ( a ) An application to the Minister under section
15 of this Act for a fish culture licence authorising culture of salmonid
fish in an area of the sea shall, where the proposed culture is of a class
for the time being specified under Article 24 of the European Communities
(Environmental Impact Assessment) Regulations, 1989, or under any provision
amending or replacing the said Article 24, be accompanied by a statement of
the likely effects on the environment (hereinafter referred to as an
"environmental impact statement") of the proposed culture.
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( b ) Where an application to the Minister under section 15
of this Act for a licence authorising the culture of salmonid fish in an
area of the sea relates to culture which would be of a class referred to in
paragraph (a) of this subsection but for not exceeding a quantity,
area or other limit for the time being specified in relation to that class,
and where the Minister considers that the proposed culture would be likely
to have significant effects on the environment, he shall require the
applicant to submit an environmental impact statement in respect of the
proposed culture.
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( c ) An environmental impact
statement shall contain the information for the time being specified under
Article 25 of the European Communities (Environmental Impact Assessment)
Regulations, 1989, or under any provision amending or replacing the said
Article 25.
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|
(2) Where an environmental impact statement has been submitted in
accordance with a requirement of or under subsection (1) of this section,
the applicant shall, as soon as may be, publish in one or more newspapers
circulating in the vicinity of the location of the proposed culture a
notice—
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|
( a ) stating that he has applied to the Minister for a fish
culture licence and indicating the location and nature of the proposed
culture,
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|
( b ) stating that an environmental impact statement has
been prepared in respect of the proposed culture,
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|
( c ) naming a place where a copy of the environmental
impact statement may be inspected free of charge or purchased by any
interested person,
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|
( d ) specifying the times and the period (being the
prescribed period) during which the environmental impact statement can be so
inspected or purchased,
|
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|
( e ) stating that any person may
during the prescribed period make submissions or observations to the
Minister in relation to the effects on the environment of the proposed
culture.
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|
(3) Copies of the environmental impact statement shall be available
for purchase by interested persons for a fee not exceeding the reasonable
cost of making a copy.
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|
(4) Where an environmental impact statement has been submitted in
accordance with a requirement of or under subsection (1) of this section the
applicant shall, as soon as may be, furnish copies of the statement to the
prescribed bodies, and shall indicate that submissions or observations may
be made to the Minister during the prescribed period in relation to the
effects on the environment of the proposed culture.
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|
(5) ( a ) Where an environmental
impact statement has been submitted in accordance with a requirement of or
under subsection (1) of this section, the Minister shall have regard to the
said statement, to any submissions or observations made to him during the
prescribed period in relation to the effects on the environment of the
proposed culture, and to the views of other Member States of the European
Communities arising from consultation if any, pursuant to subsection (7) of
this section.
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|
( b ) The Minister may, where he
considers it necessary so to do, require an applicant who has submitted an
environmental impact statement to furnish to him such further information in
relation to the effects on the environment of the proposed culture as the Minister
may specify.
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|
(6) ( a ) The Minister may, by order, where he is satisfied
that exceptional circumstances so warrant and after consultation with the
Minister for the Environment, exempt an application or a proposed
application from the requirement of subsection (1) (a) of this
section.
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|
( b ) The Minister in granting an
exemption under paragraph (a) of this subsection may, by order, apply
such other requirements in relation to the application or the proposed
application as he considers necessary or appropriate.
|
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|
( c ) Notice of any exemption
granted under paragraph (a) of this sub-section, of the reasons for
granting it and of any other requirements applied under paragraph (b)
of this subsection shall be published in the Iris Oifigiúil and in one or
more newspapers circulating in the vicinity of the location of the proposed
culture.
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|
(7) ( a ) Where the Minister considers that proposed fish
culture in respect of which an environmental impact statement has been
submitted in accordance with a requirement of or under subsection (1) of
this section would be likely to have significant effects on the environment
in another Member State of the European Communities, or where another Member
State likely to be significantly affected so requests, he shall consult that
Member State in relation to the effects on the environment of the proposed
culture.
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|
( b ) The Minister shall notify any
Member State
of the European Communities with which consultation takes place under
paragraph (a) of this subsection of his decision in relation to the
relevant application for a fish culture licence.
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|
(8) Notice of the Minister's decision in relation to an application
for a fish culture licence in respect of which an environmental impact
statement was submitted in accordance with a requirement of or under
subsection (1) of this section shall be published in the Iris Oifigiúil and
in one or more newspapers circulating in the vicinity of the location of the
proposed culture.".
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Amendment
of Petroleum and Other Minerals Development Act, 1960 .
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|
19. The Petroleum and Other Minerals Development Act, 1960 (No. 7
of 1960) is hereby amended by the insertion after section 13 of the
following section:—
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"Environmental impact assessment of certain working of
petroleum.
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|
13A.—(1) ( a ) A plan submitted to the Minister under the
terms of a lease under section 13 of this Act seeking his approval for
working of petroleum under land (not being land situate within the
functional area of a planning authority within the meaning of the Local
Government (Planning and Development) Acts, 1963 to 1983) shall, where the
proposed working is of a class for the time being specified under Article 24
of the European Communities (Environmental Impact Assessment) Regulations,
1989, or under any provision amending or replacing the said Article 24, be
accompanied by a statement of the likely effects on the environment
(hereinafter referred to as an "environmental impact statement")
of the proposed working.
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|
( b ) Where a plan submitted to the Minister under the terms
of a lease under section 13 of this Act seeks his approval for working of
petroleum which would be of a class referred to in paragraph (a) of
this subsection but for not exceeding a quantity, area or other limit for
the time being specified in relation to that class, and where the Minister
considers that the proposed working would be likely to have significant
effects on the environment, he shall require the applicant to submit an
environmental impact statement in respect of the proposed working.
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|
( c ) An environmental impact
statement shall contain the information for the time being specified under
Article 25 of the European Communities (Environmental Impact Assessment)
Regulations, 1989, or under any provision amending or replacing the said
Article 25.
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|
(2) Where an environmental impact statement has been submitted in
accordance with a requirement of or under subsection (1) of this section,
the applicant shall, as soon as may be, publish in at least one daily
newspaper published in the State a notice—
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|
( a ) stating that he has applied to the Minister for
approval to the working of petroleum and indicating the location and nature
of the proposed working,
|
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|
( b ) stating that an environmental impact statement has
been prepared in respect of the proposed working,
|
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|
( c ) naming a place where a copy of the environmental
impact statement may be inspected free of charge or purchased by any
interested person,
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|
( d ) specifying the times and the period (being the
prescribed period) during which the environmental impact statement can be so
inspected or purchased,
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( e ) stating that any person may
during the prescribed period make submissions or observations to the
Minister in relation to the effects on the environment of the proposed
working.
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(3) Copies of the environmental impact statement shall be available
for purchase by interested persons for a fee not exceeding the reasonable
cost of making a copy.
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(4) Where an environmental impact statement has been submitted in
accordance with a requirement of or under subsection (1) of this section,
the applicant shall, as soon as may be, furnish copies of the statement to
the prescribed bodies, and shall indicate that submissions or observations
may be made to the Minister during the prescribed period in relation to the
effects on the environment of the proposed working of petroleum.
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(5) ( a ) Where an environmental impact statement has been
submitted in accordance with a requirement of or under subsection (1) of
this section, the Minister shall have regard to the said statement, to any
submissions or observations made to him during the prescribed period in
relation to the effects on the environment of the proposed working of
petroleum, and to the views of other Member States of the European
Communities arising from consultation, if any, pursuant to subsection (7) of
this section.
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( b ) The Minister may, where he
considers it necessary so to do, require an applicant who has submitted an
environmental impact statement to furnish to him such further information in
relation to the effects on the environment of the proposed working of petroleum
as the Minister may specify.
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(6) ( a ) The Minister may, by order, where he is satisfied
that exceptional circumstances so warrant and after consultation with the
Minister for the Environment, exempt a plan or a proposed plan seeking
approval for working of petroleum from the requirement of subsection (1) (a)
of this section.
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( b ) The Minister in granting an
exemption under paragraph (a) of this subsection may, by order, apply
such other requirements in relation to the plan or the proposed plan as he
considers necessary or appropriate.
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( c ) Notice of any exemption
granted under paragraph (a) of this subsection, of the reasons for
granting it and of any other requirements applied under paragraph (b)
of this subsection shall be published in the Iris Oifigiúil and in at least
one daily newspaper published in the State.
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(7) ( a ) Where the Minister considers that proposed working
of petroleum in respect of which an environmental impact statement has been
submitted in accordance with a requirement of or under subsection (1) of
this section would be likely to have significant effects on the environment
in another Member State of the European Communities, or where another Member
State likely to be significantly affected so requests, he shall consult that
Member State in relation to the effects on the environment of the proposed
working.
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( b ) The Minister shall notify any
Member State
of the European Communities with which consultation takes place under
paragraph (a) of this subsection of his decision on the relevant
application for approval to the working of petroleum.
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(8) Notice of the Minister's decision on an application for approval
to working of petroleum in respect of which an environmental impact
statement was submitted in accordance with a requirement of or under
subsection (1) of this section shall be published in the Iris Oifigiúil and
in at least one daily newspaper published in the State.".
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Amendment
of Gas Act, 1976 .
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20. The Gas Act, 1976 (No. 30 of 1976) is hereby amended by the
insertion after section 40 of the following section:—
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"Environmental impact assessment of certain pipelines.
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40A.—(1) ( a ) An application to the Minister by the Board
for his consent under subsection (7) of section 8 to the construction of a
pipeline, or a notice given to the Minister by a person, other than the
Board, under subsection (1) of section 40 in relation to the proposed
construction of a pipeline, shall, where the proposed pipeline is of a class
for the time being specified under Article 24 of the European Communities
(Environmental Impact Assessment) Regulations, 1989, or under any provision
amending or replacing the said Article 24, be accompanied by a statement of
the likely effects on the environment (hereinafter referred to as an
"environmental impact statement") of the proposed pipeline.
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( b ) Where an application is made by the Board or a notice
is given by a person, other than the Board, in relation to a proposed
pipeline which would be of a class referred to in paragraph (a) of
this subsection but for not exceeding a quantity, area or other limit for
the time being specified in relation to that class, and where the Minister
considers that the proposed pipeline would be likely to have significant
effects on the environment, he shall require the Board or other person, as
the case may be, to submit an environmental impact statement in respect of
the proposed pipeline.
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( c ) An environmental impact
statement shall contain the information for the time being specified under
Article 25 of the European Communities (Environmental Impact Assessment)
Regulations, 1989, or under any provision amending or replacing the said
Article 25.
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(2) Where an environmental impact statement has been submitted in
accordance with a requirement of or under subsection (1) of this section,
the Board or other person, as the case may be, shall, as soon as may be,
publish in one or more newspapers circulating in the area of the proposed
pipeline a notice—
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( a ) stating that application has been made, or notice has
been given, as the case may be, in relation to the proposed construction of
the pipeline and indicating the location and nature of the proposed
pipeline,
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( b ) stating that an environmental impact statement has
been prepared in respect of the proposed pipeline,
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( c ) naming a place where a copy of the environmental
impact statement may be inspected free of charge or purchased by any
interested person,
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( d ) specifying the times and the period (being the
prescribed period) during which the environmental impact statement can be so
inspected or purchased,
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( e ) stating that any person may
during the prescribed period make submissions or observations to the
Minister in relation to the effects on the environment of the propose
pipeline.
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(3) Copies of the environmental impact statement shall be available
for purchase by interested persons for a fee not exceeding the reasonable
cost of making a copy.
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(4) Where an environmental impact statement has been submitted in
accordance with a requirement of or under subsection (1) of this section,
the Board or other person, as the case may be, shall, as soon as may be,
furnish copies of the statement to the prescribed bodies, and shall indicate
that submissions or observations may be made to the Minister during the
prescribed period in relation to the effects on the environment of the
proposed pipeline.
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(5) ( a ) Where an environmental
impact statement has been submitted in accordance with a requirement of or
under subsection (1) of this section, the Minister shall have regard to the
said statement, to any submissions or observations made to him during the
prescribed period in relation to the effects on the environment of the
proposed pipeline, and to the views of other Member States of the European
Communities arising from consultation, if any, pursuant to subsection (7) of
this section.
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( b ) The Minister may, where an
environmental impact statement has been submitted in accordance with a
requirement of or under subsection (1) of this section and where he
considers it necessary so to do, require the Board or other person, as the
case may be, to furnish to him such further information in relation to the
effects on the environment of the proposed pipeline as the Minister may
specify.
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(6) ( a ) The Minister may, by order, where he is satisfied
that exceptional circumstances so warrant and after consultation with the
Minister for the Environment, exempt an application or notice or a proposed
application or notice from the requirement of subsection (1) (a) of
this section.
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( b ) The Minister in granting an
exemption under paragraph (a) of this subsection may, by order, apply
such other requirements in relation to the application or notice, or the
proposed application or notice, as the case may be, as he considers
necessary or appropriate.
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( c ) Notice of any exemption
granted under paragraph (a) of this subsection, of the reasons for
granting it and of any other requirements applied under paragraph (b)
of this subsection shall be published in the Iris Oifigiúil and in one or
more newspapers circulating in the area of the proposed pipeline.
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(7) ( a ) Where the Minister considers that a proposed
pipeline in respect of which an environmental impact statement has been
submitted in accordance with a requirement of or under subsection (1) of
this section would be likely to have significant effects on the environment
in another Member State of the European Communities, or where another Member
State likely to be significantly affected so requests, he shall consult that
Member State in relation to the effects on the environment of the proposed
pipeline.
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( b ) The Minister shall notify any
Member State
of the European Communities with which consultation takes place under
paragraph (a) of this subsection of his decision on an application
made to him by the Board or arising from notice given to him by a person
other than the Board, as the case may be.
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(8) Notice of the Minister's decision on an application by the Board
or arising from notice given to him by a person other than the Board shall,
in the case of a proposed pipeline in respect of which an environmental
impact statement was submitted in accordance with a requirement of or under
subsection (1) of this section, be published in the Iris Oifigiúil and in
one or more newspapers circulating in the area of the proposed pipeline.
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(9) The provisions of this section are without prejudice to section
8 (9) of this Act.".
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Amendment
of Fisheries Act, 1980 .
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21. The Fisheries Act, 1980 (No. 1 of 1980) is hereby amended by
the insertion after section 54 of the following section:—
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"Environmental impact assessment in relation to certain
applications for aquaculture licences.
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54A.—(1) ( a ) An application to the Minister under section
54 (9) for an aquaculture licence for the culture of salmonid fish shall,
where the proposed aquaculture is of a class for the time being specified
under Article 24 of the European Communities (Environmental Impact
Assessment) Regulations, 1989, or under any provision amending or replacing
the said Article 24, be accompanied by a statement of the likely effects on
the environment (hereinafter referred to as an "environmental impact
statement") of the proposed aquaculture.
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( b ) Where an application under section 54 (9) for an
aquaculture licence for the culture of salmonid fish relates to aquaculture
which would be of a class referred to in paragraph (a) of this
subsection but for not exceeding a quantity, area or other limit for the
time being specified in relation to that class, and where the Minister
considers that the proposed aquaculture would be likely to have significant
effects on the environment, he shall require the applicant to submit an
environmental impact statement in respect of the proposed aquaculture.
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( c ) An environmental impact
statement shall contain the information for the time being specified under
Article 25 of the European Communities (Environmental Impact Assessment)
Regulations, 1989, or under any provision amending or replacing the said
Article 25.
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(2) Where an environmental impact statement has been submitted in
accordance with a requirement of or under subsection (1) of this section,
the applicant shall, as soon as may be, publish in one or more newspapers
circulating in the vicinity of the location of the proposed aquaculture a
notice—
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( a ) stating that he has applied to the Minister for an
aquaculture licence and indicating the location and nature of the proposed
aquaculture,
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( b ) stating that an environmental impact statement has
been prepared in respect of the proposed aquaculture,
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( c ) naming a place where a copy of the environmental
impact statement may be inspected free of charge or purchased by any
interested person,
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( d ) specifying the times and the period (being the
prescribed period) during which the environmental impact statement can be so
inspected or purchased,
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( e ) stating that any person may
during the prescribed period make submissions or observations to the
Minister in relation to the effects on the environment of the proposed
aquaculture.
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(3) Copies of the environmental impact statement shall be available
for purchase by interested persons for a fee not exceeding the reasonable
cost of making a copy.
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(4) Where an environmental impact statement has been submitted in
accordance with a requirement of or under subsection (1) of this section the
applicant shall, as soon as may be, furnish copies of the statement to the
prescribed bodies, and shall indicate that submissions or observations may
be made to the Minister during the prescribed period in relation to the
effects on the environment of the proposed aquaculture.
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(5) ( a ) Where an environmental
impact statement has been submitted in accordance with a requirement of or
under subsection (1) of this section, the Minister shall have regard to the
said statement, to any submissions or observations made to him during the
prescribed period in relation to the effects on the environment of the
proposed aquaculture, and to the views of other Member States of the
European Communities arising from consultation, if any, pursuant to
subsection (7) of this section.
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( b ) The Minister may, where he
considers it necessary so to do, require an applicant who has submitted an
environmental impact statement to furnish to him such further information in
relation to the effects on the environment of the proposed aquaculture as
the Minister may specify.
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(6) ( a ) The Minister may, by order, where he is satisfied
that exceptional circumstances so warrant and after consultation with the
Minister for the Environment, exempt an application or a proposed
application from the requirement of subsection (1) (a) of this
section.
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( b ) The Minister in granting an
exemption under paragraph (a) of this subsection may, by order, apply
such other requirements in relation to the application or the proposed
application as he considers necessary or appropriate.
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( c ) Notice of any exemption
granted under paragraph (a) of this subsection, of the reasons for
granting it and of any other requirements applied under paragraph (b)
of this subsection shall be published in the Iris Oifigúil and in one or
more newspapers circulating in the vicinity of the location of the proposed
aquaculture.
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(7) ( a ) Where the Minister considers that proposed
aquaculture in respect of which an environmental impact statement has been
submitted in accordance with a requirement of or under subsection (1) of
this section would be likely to have significant effects on the environment
in another Member State of the European Communities, or where another Member
State likely to be significantly affected so requests, he shall consult that
Member State in relation to the effects on the environment of the proposed
aquaculture.
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( b ) The Minister shall notify any
Member State
of the European Communities with which consultation takes place under
paragraph (a) of this subsection of his decision in relation to the
relevant application for an aquaculture licence.
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(8) Notice of the Minister's decision in relation to an application
for an aquaculture licence in respect of which an environmental impact
assessment was submitted in accordance with a requirement of or under
subsection (1) of this section shall be published in the Iris Oifigiúil and
in one or more newspapers circulating in the vicinity of the location of the
proposed aquaculture.".
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Amendment
of Urban Renewal Act, 1986 .
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22. The Urban Renewal Act, 1986 (No. 19 of 1986) is hereby amended
by:—
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( a ) the insertion after section 12 of the following
section:
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"Environmental impact assessment of certain redevelopment in
Custom House Docks Area
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12A.—(1) ( a ) Where development proposed in a planning
scheme being prepared pursuant to section 12 is of a class for the time
being specified under Article 24 of the European Communities (Environmental
Impact Assessment) Regulations, 1989, or under any provision amending or
replacing the said Article 24, or where such a development would be of such
a class but for not exceeding a quantity, area or other limit for the time
being specified in relation to that class and the Authority consider it
likely to have significant effects on the environment, the Authority shall
prepare a statement of the likely effects on the environment (hereinafter
referred to as an "environmental impact statement") of that
development.
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( b ) An environmental impact
statement prepared pursuant to paragraph (a) shall contain the
information for the time being specified under Article 25 of the European
Communities (Environmental Impact Assessment) Regulations, 1989, or under
any provision amending or replacing the said Article 25.
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(2) The Authority shall, when consulting with Dublin Corporation
pursuant to section 12 (3) (b), furnish to the Corporation a copy of
any environmental impact statement prepared pursuant to subsection (1) (a).
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(3) The Authority shall, in arranging for making of submissions by
interested persons pursuant to section 12 (3) (d), make available to
such persons, for inspection or for purchase on payment of such fee as may
be fixed by the Authority not exceeding the reasonable cost of making the
copy, any environmental impact statement prepared pursuant to subsection (1)
(a).
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(4) The Authority before submitting a planning scheme to the
Minister pursuant to section 12 (4) shall have regard to any environmental
impact statement prepared pursuant to subsection (1) (a), and to the
views of Dublin Corporation and interested persons in relation to the
effects on the environment of the proposed development in respect of which
the environmental impact statement was prepared.
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(5) The Authority shall, when submitting a planning scheme for
approval of the Minister pursuant to section 12 (4), furnish to the Minister
a copy of any environmental impact statement prepared pursuant to subsection
(1) (a) in respect of development proposed in the scheme and the views, in
any, of Dublin Corporation and interested persons in relation to the effects
on the environment of the development concerned.
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(6) Before modifying or approving a planning scheme under section 12
(5) the Minister shall have regard to any environmental impact statement
prepared by the Authority pursuant to subsection (1) (a) and to the
views, if any, of Dublin Corporation and interested persons in relation to
the effects on the environment of the development concerned.
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(7) ( a ) The Minister may, by order, where he is satisfied
that exceptional circumstances so warrant, grant an exemption from the
requirement under this section to prepare an environmental impact statement
in respect of proposed development.
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( b ) The Minister in granting an
exemption under paragraph (a) may, by order, apply such other
requirements as he considers necessary or appropriate.
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( c ) Notice of any exemption granted under paragraph (a),
of the reasons for granting it and of any other requirement applied under
paragraph (b) shall be published in the Iris Oifigiúil and in at
least one daily newspaper published in the State.";
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( b ) the insertion after section 12 (5) of the following
subsection:
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"(5A) Notice of approval by the Minister of a planning scheme
incorporating development in respect of which an environmental impact
statement was prepared in accordance with section 12A (1) (a) (as
inserted by the European Communities (Environmental Impact Assessment)
Regulations, 1989) shall be published in the Iris Oifigiúil and in at least
one daily newspaper published in the State.".
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PART IV
ENVIRONMENTAL IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY STATE AUTHORITIES
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Environmental
impact assessment of certain development by State authorities.
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23. (1) ( a ) A State authority shall, before
undertaking any development of a class specified under Article 24 of these
Regulations, or any development which would be of such a class but for not
exceeding a quantity, area or other limit specified in relation to such
class and which in the view of the State authority would be likely to have
significant effects on the environment, prepare a statement of the likely
effects on the environment (hereinafter referred to as an
"environmental impact statement") of the proposed development.
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( b ) An environmental impact
statement shall contain the information specified under Article 25 of these
Regulations.
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(2) ( a ) A State authority may, where it considers that
exceptional circumstances so warrant and after consultation with the
Minister for the Environment, decide that subarticle (1) (a) of this
article shall not apply in relation to proposed development.
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( b ) Where a State authority
decides that the provisions of the said subarticle shall not apply in
relation to proposed development, it may apply such other requirements to
such proposed development as it considers necessary or appropriate.
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( c ) Notice of any decision made
under paragraph (a) of this subarticle, of the reasons for it and of
any other requirements applied under paragraph (b) of this subarticle
shall be published in the Iris Oifigiúil and in one or more newspapers
circulating in the area in which the proposed development would be situated.
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(3) Where an environmental impact statement has been prepared in
accordance with subarticle (1) of this article the State authority concerned
shall, as soon as may be—
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( a ) publish in one or more newspapers circulating in the
area in which the proposed development would be situated a notice—
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(i) indicating the location and nature of the proposed development,
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(ii) stating that an environmental impact statement has been
prepared in respect of the proposed development,
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(iii) naming a place where a copy of the environmental impact
statement may be inspected free of charge or purchased by any interested
person,
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(iv) specifying the times and the period (being a period of not less
than one month) during which the environmental impact statement can be so
inspected or purchased,
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(v) stating that any person may during the
said period make submissions or observations to the State authority in
relation to the effects on the environment of the proposed development.
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( b ) furnish copies of the environmental impact statement to
the planning authority in whose functional area the proposed development
would be situated and to such other bodies as may be concerned with the
proposal by virtue of their statutory functions, and shall indicate that
submissions or observations may be submitted to the State authority in
relation to the effects on the environment of the proposed development
during the period specified in the notice published pursuant to the
foregoing paragraph.
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(4) Where a State authority considers that proposed development in
respect of which an environmental impact statement has been prepared in
accordance with subarticle (1) of this article would be likely to have
significant effects on the environment in another Member State of the
European Communities, or where another Member State likely to be
significantly affected so requests, the authority shall consult that Member
State in relation to the effects on the environment of the proposed
development.
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(5) Copies of the environmental impact statement shall be available for
purchase by interested persons for a fee not exceeding the reasonable cost
of making a copy of the statement.
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(6) A State authority shall, before making a decision to undertake
development in respect of which an environmental impact statement has been
prepared in accordance with subarticle (1) of this article, have regard to
the environmental impact statement, to any submissions or observations
received in accordance with this article in relation to the effects on the
environment of the proposed development, and to the views of other Member
States of the European Communities arising from consultation, if any, pursuant
to subarticle (4) of this article.
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(7) ( a ) Notice of the decision of
a State authority in relation to proposed development in respect of which an
environmental impact statement has been prepared in accordance with
subarticle (1) of this article shall be published in the Iris Oifigiúil and
in one or more newspapers circulating in the area in which the proposed
development would be situated.
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( b ) The State authority shall
notify any Member State
of the European Communities with which consultation has taken place under
subarticle (4) of this article of their decision in relation to the proposed
development concerned.
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(8) In this article "State authority" means any authority being
a Minister of the Government or the Commissioners of Public Works in Ireland.
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(9) This article shall not apply to any case where proposed development
is otherwise required, under these Regulations or any other statutory
provision, to comply with procedures for the purpose of giving effect to the
Council Directive.
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PART V
MISCELLANEOUS
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Specified
development.
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24. Development of the classes set out in Part I and Part II of
the First Schedule is hereby specified for the purposes of these
Regulations.
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Specified
information to be contained in an environmental impact statement.
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25. An environmental impact statement for the purposes of these
Regulations or of any enactment as amended or adapted by these Regulations
shall contain the information specified in paragraph 2 of the Second
Schedule and may also contain the information specified in paragraph 3 of
that Schedule.
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Saver for
certain development.
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26. Statutory provisions (including these Regulations) relating to
the Council Directive shall not apply in relation to any development for the
purposes of the defence of the State.
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Article 24
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FIRST SCHEDULE
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DEVELOPMENT FOR
THE PURPOSES OF THESE REGULATIONS
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PART I
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1. A crude-oil refinery (excluding an undertaking manufacturing only
lubricants from crude oil) or an installation for the gasification and
liquefaction of 500 tonnes or more of coal or bituminous shale per day.
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2. A thermal power station or other combustion installation with a heat
output of 300 megawatts or more, or a nuclear power station or other nuclear
reactor (except a research installation for the production and conversion of
fissionable and fertile materials, whose maximum power does not exceed 1
kilowatt continuous thermal load).
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3. An installation designed solely for the permanent storage or final
disposal of radioactive waste.
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4. An integrated works for the initial melting of cast-iron and steel.
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5. An installation for the extraction of asbestos or for the processing
and transformation of asbestos or products containing asbestos:—
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( a ) where the installation produces asbestos-cement
products, with an annual production of more than 20,000 tonnes of finished
products; or
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( b ) where the installation produces friction material, with
an annual production of more than 50 tonnes of finished products; or
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( c ) in other cases, where the
installation would utilise more than 200 tonnes of asbestos per year.
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6. An integrated chemical installation.
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7. A line for long-distance railway traffic, or an aerodrome with a basic
runway length of 2,100 metres or more.
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8. A trading port, or an inland waterway which permits
the passage of vessels of over 1,350 tonnes or a port for inland waterway
traffic capable of handling such vessels.
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9. A waste disposal installation for the incineration or chemical
treatment of hazardous waste, or the filling of land with such waste.
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PART II
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1. Agriculture
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( a ) The use of uncultivated land
or semi-natural areas for intensive agricultural purposes, where the area
involved would be greater than 100 hectares.
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( b ) Water-management projects for
agriculture, where the catchment area involved would be greater than 1,000
hectares, or where more than 50 hectares of wetlands would be affected.
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( c ) (i) Initial afforestation,
where the area involved would be greater than 200 hectares; the replacement
of broadleaf high forest by conifer species, where the area involved would
be greater than 10 hectares.
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(ii) 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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( d ) Poultry-rearing installations, where the capacity would
exceed 100,000 units and where units have the following equivalents;
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1 broiler = 1 unit
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1 layer, turkey or other fowl = 2 units.
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( e ) Pig-rearing installations, where the capacity would
exceed 1,000 units on gley soils or 3,000 units on other soils and where
units have the following equivalents;
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1 pig = 1 unit
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1 sow = 10 units.
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( f ) Seawater salmonid breeding
installations with an output which would exceed 100 tonnes per annum; all
salmonid breeding installations consisting of cage rearing in lakes; all
salmonid breeding installations upstream of drinking water intakes; other
freshwater salmonid breeding installations which would exceed 1 million
smolts and with less than 1 cubic metre per second per 1 million smolts low
flow diluting water.
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( g ) Reclamation of land from the
sea, where the area of reclaimed land would be greater than 20 hectares.
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2. Extractive Industry
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( a ) Peat extraction which would
involve a new or extended area of 50 hectares.
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( b ) All geothermal drilling and
drilling for the storage of nuclear waste material; drilling for water
supplies where the expected supply would exceed 5,000 cubic metres per day.
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( c ) All extraction of minerals
within the meaning of the Minerals Development Acts, 1940 to 1979.
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( d ) Extraction of stone, gravel,
sand or clay, where the area involved would be greater than 5 hectares.
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( e ) All extraction of petroleum
(excluding natural gas).
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( f ) All onshore extraction of
natural gas; offshore extraction of natural gas where the extraction would
take place within 10 kilometres of the shoreline.
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( g ) All surface industrial
installations for the extraction of coal, petroleum (excluding natural gas),
natural gas, ores, or bituminous shale.
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( h ) All coke ovens (dry coal
distillation).
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( i ) All installations for the
manufacture of cement.
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3. Energy industry
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( a ) Industrial installations for
the production of electricity, steam and hot water (other than installations
comprehended by Part I of this Schedule) with a heat output of 300 megawatts
or more.
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( b ) Industrial installations for carrying gas, steam and
hot water with a potential heat output of 300 megawatts or more;
transmission of electrical energy by overhead cables where the voltage would
be 200 KV or more.
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( c ) Installations for surface
storage of natural gas, where the storage capacity would exceed 200 tonnes.
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( d ) Installations for underground
storage of combustible gases, where the storage capacity would exceed 200
tonnes.
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( e ) Installations for surface
storage of fossil fuels, where the storage capacity would exceed 100,000
tonnes.
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( f ) Installations for industrial
briquetting of coal and lignite, where the production capacity would exceed
150 tonnes per day.
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( g ) All installations for the
production or enrichment of nuclear fuels.
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( h ) All installations for the
reprocessing of irradiated nuclear fuels.
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( i ) All installations for the
collection and processing of radioactive waste (other than installations
comprehended by Part I of this Schedule).
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( j ) Installations for
hydroelectric energy production with an output of 20 megawatts or more, or
where the new or extended superficial area of water impounded would be 30
hectares or more, or where there would be a 30 per cent. change
in the maximum, minimum or mean flows in the main river channel.
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4. Processing of metals
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( a ) Iron and steelworks, including foundries with a batch
capacity of 5 tonnes or more, and forges, drawing plants and rolling mills
where the production area would be greater than 500 square metres (other
than installations comprehended by Part I of this Schedule).
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( b ) Installations for the
production (including smelting, refining, drawing and rolling) of
non-ferrous metals excluding precious metals, where the melting capacity
would exceed 0.5 tonnes or where the production area would be greater than
500 square metres.
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( c ) Installations for pressing,
drawing and stamping of large castings, where the production area would be
greater than 500 square metres.
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( d ) Installations for surface
treatment and coating of metals, where the production area would be greater
than 100 square metres.
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( e ) Installations for
boilermaking, manufacture of reservoirs, tanks and other sheet-metal
containers, where the production area would be greater than 500 square
metres.
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( f ) All installations for
manufacture and assembly of motor vehicles and manufacture of motor-vehicle
engines.
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( g ) Shipyards, where the area
would be 5 hectares or more, or with capacity for vessels of 10,000 tonnes
or more (deadweight).
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( h ) All installations for the
construction of aircraft with a seating capacity exceeding 10 passengers.
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( i ) Manufacture of railway
equipment, where the production area would be greater than 3,000 square
metres.
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( j ) Swaging by explosives, where
the floor area involved would be greater than 100 square metres.
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( k ) All installations for the
roasting and sintering of metallic ores.
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5. Manufacture of glass
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Installations for the manufacture of glass, where the production capacity
would exceed 5,000 tonnes per annum.
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6. Chemical Industry
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( a ) All installations for
treatment of intermediate products and production of chemicals (other than
installations comprehended by Part I of this Schedule).
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( b ) All installations for
production of pesticides and pharmaceutical products, paint and varnishes,
elastomers and peroxides.
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( c ) (i) Storage facilities for petroleum, where the storage
capacity would exceed 50,000 tonnes,
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(ii) Storage facilities for petrochemical and chemical products,
where such facilities are isolated storage to which the provisions of
Regulations 12 to 18 of the European Communities (Major Accident Hazards of
Certain Industrial Activities) Regulations, 1986 ( S.I. No. 292 of 1986 )
apply.
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7. Food industry
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( a ) Installations for manufacture
of vegetable and animal oils and fats, where the capacity for processing raw
materials would exceed 40 tonnes per day.
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( b ) Installations for packing and
canning of animal and vegetable products, where the capacity for processing
raw materials would exceed 100 tonnes per day.
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( c ) Installations for manufacture
of dairy products, where the processing capacity would exceed 50 million
gallons of milk equivalent per annum.
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( d ) All installations for
commercial brewing and distilling; installations for malting, where the
production capacity would exceed 100,000 tonnes per annum.
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( e ) Installations for
confectionery and syrup manufacture, where the production capacity would
exceed 50,000 tonnes per annum.
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( f ) Installations for the slaughter of animals, where the
daily capacity would exceed 1,500 units and where units have the following
equivalents;
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1 sheep = 1 unit
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1 pig = 2 units
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1 head of cattle = 5 units.
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( g ) All industrial starch
manufacturing installations.
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( h ) All fish-meal and fish-oil
factories.
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( i ) All sugar factories.
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8. Textile, leather, wood and paper industries
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( a ) All wool scouring, degreasing
or bleaching factories.
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( b ) All installations for
manufacture of fibre board, particle board or plywood.
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( c ) All installations for
manufacture of pulp, paper or board.
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( d ) Fibre-dyeing factories, where
the dyeing capacity would exceed 1 tonne per day of fibre or yarn.
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( e ) Cellulose-processing and
production installations, where the production capacity would exceed 10,000
tonnes per annum.
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( f ) Tannery, leather-dressing or
fell-mongering factories, where the capacity would exceed 100 skins per day.
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9. Rubber industry
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Installations for manufacture and treatment of elastomer-based products,
where the production capacity would exceed 10,000 tonnes per annum.
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10. Infrastructure projects
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( a ) Industrial-estate development
projects, where the area would exceed 15 hectares.
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( b ) Urban-development projects
which would involve an area greater than 50 hectares in the case of projects
for new or extended urban areas, and an area greater than 2 hectares within
existing urban areas.
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( c ) Ski-lifts and cable-cars,
where the length would exceed 500 metres.
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( d ) (i) construction of a new road
(other than a motorway comprehended by the European Communities
(Environmental Impact Assessment) (Motorways) Regulations, 1988 ( S.I. No.
221 of 1988 )) of four or more lanes, or the realignment or widening of an
existing road so as to provide four or more lanes, where such new, realigned
or widened road would be eight kilometres or more in length in a rural area,
or 500 metres or more in length in an urban area.
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(ii) construction of a new bridge which
would be 100 metres or more in length.
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(iii) new or extended harbours (other than a trading port
comprehended by Part I of this Schedule), where the area, or additional
area, of water enclosed would be 20 hectares or more, or which would involve
the reclamation of 5 hectares or more of land, or which would involve the
construction of additional quays exceeding 500 metres in length.
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(iv) all aerodromes (other than aerodromes
comprehended by Part I of this Schedule) with paved runways exceeding 800
metres in length.
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( e ) Canalization and flood-relief
works, where the catchment area involved would be greater than 5,000
hectares.
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( f ) Dams and other installations
designed to hold water or to store it on a long-term basis, where the new or
extended area of water impounded would be 30 hectares or more.
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( g ) All tramways, elevated and
underground railways, suspended lines or similar lines of a particular type,
used exclusively or mainly for passenger transport.
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( h ) Oil and gas pipelines
exceeding 80 kilometres in length.
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( i ) Installation of overground
aqueducts with a diameter of 1,000 millimetres or more and a length of 500
metres or more.
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( j ) Sea water marinas where the
number of berths would exceed 300 and fresh water marinas where the number
of berths would exceed 100.
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11. Other projects
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( a ) Holiday
villages involving more than 100 holiday homes, stationary caravans or
trailers; hotel complexes having an area of 20 hectares or more or an
accommodation capacity exceeding 400 beds.
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( b ) All permanent racing and test
tracks for cars and motor cycles.
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( c ) Installations for the disposal
of industrial and domestic waste with an annual intake greater than 25,000
tonnes (other than installations comprehended by Part I of this Schedule).
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( d ) Waste water treatment plants
with a capacity greater than 10,000 population equivalent.
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( e ) Sludge-deposition sites where
the expected annual deposition is 5,000 tonnes of sludge (wet).
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( f ) Storage of scrap iron, where
the site area would be greater than 5 hectares.
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( g ) Test benches for engines,
turbines or reactors, where the floor area would exceed 500 square metres.
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( h ) All installations for
manufacture of artificial mineral fibres.
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( i ) All installations for
manufacture, packing, loading or placing in cartridges of gunpowder and
explosives.
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( j ) All knackers' yards in
built-up areas.
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12. ( a ) All modifications of developments of a class
mentioned in paragraph 3 or paragraph 9 of Part I of this Schedule; all
modifications of nuclear power stations or other nuclear reactors (except
research installations for the production and conversion of fissionable and
fertile materials, whose maximum power does not exceed one kilowatt
continuous thermal load).
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( b ) Modifications of developments
of a class mentioned in paragraphs 1, 2 (other than nuclear installations),
4, 5, or 6 of Part I of this Schedule which would increase the productive
capacity of the development concerned by 20 per cent. or
more.
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( c ) (i) Any extension of the
runways of an aerodrome of a class mentioned in paragraph 7 of Part I of
this Schedule which would increase the runway length by 30 per cent. or more.
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(ii) Any modification of a port, inland waterway or inland waterway
port of a class mentioned in paragraph 8 of Part I of this Schedule which
would increase its traffic handling capacity by 20 per cent. or more.
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Article 25
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SECOND
SCHEDULE
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INFORMATION TO
BE CONTAINED IN AN ENVIRONMENTAL IMPACT STATEMENT
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1. An environmental impact statement shall contain the information
specified in paragraph 2 (referred to in this Schedule as "the
specified information").
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2. The specified information is—
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( a ) a description of the development proposed, comprising
information about the site and the design and size or scale of the
development;
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( b ) the data necessary to identify and assess the main
effects which that development is likely to have on the environment;
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( c ) a description of the likely significant effects, direct
and indirect, on the environment of the development, explained by reference
to its possible impact on—
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human beings;
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flora;
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fauna;
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soil;
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water;
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air;
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climate;
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the landscape;
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the inter-action between any of the foregoing;
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material assets;
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the cultural heritage;
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( d ) where significant adverse effects are identified with
respect to any of the foregoing, a description of the measures envisaged in
order to avoid, reduce or remedy those effects; and
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( e ) a summary in non-technical
language of the information specified above.
|
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|
3. An environmental impact statement may include, by way of explanation
or amplification of any specified information, further information on any of
the following matters—
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( a ) the physical characteristics of the proposed
development, and the land-use requirements during the construction and
operational phases;
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|
( b ) the main characteristics of the production processes
proposed, including the nature and quantity of the materials to be used;
|
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|
( c ) the estimated type and quantity of expected residues
and emissions (including pollutants of surface water and groundwater, air,
soil and substrata, noise, vibration, light, heat and radiation) resulting
from the proposed development when in operation;
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( d ) (in outline) the main alternatives (if any) studied by
the applicant, appellant or authority and an indication of the main reasons
for choosing the development proposed, taking into account the environmental
effects;
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|
( e ) the likely significant direct and indirect effects on
the environment of the development proposed which may result from—
|
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|
(i) the use of natural resources;
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|
(ii) the emission of pollutants, the creation of nuisances, and the
elimination of waste;
|
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|
( f ) the forecasting methods used to assess any effects on
the environment about which information is given under subparagraph (e);
and
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|
( g ) any difficulties, such as
technical deficiencies or lack of knowledge, encountered in compiling any
specified information.
|
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|
In paragraph (e), "effects" includes secondary,
cumulative, short, medium and long term, permanent, temporary, positive and negative
effects.
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4. Where further information is included in an environmental impact
statement pursuant to paragraph 3, a non-technical summary of that
information shall also be provided.
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GIVEN under the
Official Seal of the Minister for the Environment
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this
19th day of December, 1989.
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PADRAIG FLYNN,
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Minister for the Environment.
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EXPLANATORY
NOTE.
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|
These Regulations provide for the incorporation into Irish law, in
respect of relevant development other than motorways, of Directive
85/337/EEC on the assessment of the effects of certain public and private
projects on the environment. Effect was given to this Directive in respect
of motorways by the European Communities (Environmental Impact Assessment)
(motorways) Regulations, 1988 ( S.I. No. 221 of
1988 ).
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The Regulations modify the provisions of the Local Government (Planning
and Development) Acts, 1963 to 1983 so as to provide a framework for the
application of Environmental Impact Assessment (EIA) to the planning control
procedures under those Acts, and for the application of EIA to relevant
development by local authorities. They also modify development consent
procedures under 9 other enactments in light of the Directive's
requirements, and they establish an EIA procedure for relevant development
by State authorities. The Regulations specify, in the First and Second
Schedules respectively, the development for which EIA will be required and
the information which must be furnished in an environmental impact statement
prepared in connection with proposed development.
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