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STATUTORY
INSTRUMENTS.
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S.I. No. 436
of 2004 .
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PLANNING AND DEVELOPMENT (STRATEGIC ENVIRONMENTAL
ASSESSMENT) REGULATIONS 2004.
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S.I. No.
436 of 2004 .
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PLANNING AND
DEVELOPMENT (STRATEGIC ENVIRONMENTAL ASSESSMENT) REGULATIONS 2004.
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Table of Contents
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Article
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Articles inserted in 2001 Regulations
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Content
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1
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Citation
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2
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Commencement
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3
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Interpretation
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4
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Revocation
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5
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Amendment of Article
3 of 2001 Regulations
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6
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Amendment of Article
13 of 2001 Regulations
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7
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Amendment of Part 3
of 2001 Regulations (Development Plans)
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13A
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Determination of
need for environmental assessment of development plan
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13B
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Notice of review of
development plan
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13C
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Requirement to
prepare environmental report
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13D
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Scoping of
environmental report
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13E
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Content of
environmental report
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13F
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Transboundary
environmental effects
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13G
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Notice of material
alteration of draft development plan
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13H
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Decision-making
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13I
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Information on
decision
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13J
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Monitoring
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13K
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Determination of
need for environmental assessment of variation of development plan
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13L
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Requirement to
prepare environmental report
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13M
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Scoping of
environmental report
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13N
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Content of
environmental report
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13O
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Transboundary
environmental effects
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13P
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Decision-making
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13Q
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Information on
decision
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13R
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Monitoring
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8
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Amendment of
Part 3 of 2001 Regulations (Local Area Plans)
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14A
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Determination of
need for environmental assessment of local area plan
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14B
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Requirement to
prepare environmental report
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14C
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Scoping of
environmental report
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14D
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Content of
environmental report
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14E
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Notice of local area
plan and environmental report
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14F
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Transboundary
environmental effects
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14G
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Notice of material
alteration of local area plan
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14H
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Decision-making
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14I
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Information on
decision
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14J
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Monitoring
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9
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Amendment of
Article 15 of 2001 Regulations
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10
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Amendment of
Part 3 of 2001 Regulations (Regional Planning Guidelines)
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15A
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Consultation regarding
regional planning guidelines
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15B
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Requirement to
prepare environmental report
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15C
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Scoping of
environmental report
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15D
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Content of
environmental report
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15E
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Transboundary
environmental effects
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15F
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Decision-making
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15G
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Information on
decision
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15H
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Monitoring
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11
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Amendment of
Part 14 of 2001 Regulations (Planning Schemes)
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179A
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Planning scheme for
strategic development zones
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179B
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Scoping of
environmental report
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179C
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Content of
environmental report
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179D
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Notice of draft
planning scheme and environmental report
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179E
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Transboundary
environmental effects
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179F
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Decision-making
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179G
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Information on
decision
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179H
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Appeal to the Board
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179I
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Information on
decision
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179J
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Monitoring
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12
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Addition of
Schedules to 2001 Regulations
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Schedule 2A
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Criteria for
determining whether a plan is likely to have significant effect on the
environment
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Schedule 2B
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Information to be
contained in an environmental report
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S.I. No. 436 of 2004 .
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PLANNING AND
DEVELOPMENT (STRATEGIC ENVIRONMENTAL ASSESSMENT) REGULATIONS 2004.
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The
Minister for the Environment, Heritage and Local Government, in exercise of
the powers conferred on him by sections 10(5), 13(12), 19(4), 23(3), 168(3)
and 262 of the Planning
and Development Act 2000 (No.
30 of 2000) hereby makes the following Regulations:
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Citation
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1.
(1) These Regulations may be cited as the Planning and Development
(Strategic Environmental Assessment) Regulations 2004.
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(2)
These Regulations and the Planning and Development Regulations 2001 to 2003
shall be construed as one and may be collectively cited as the Planning and
Development Regulations 2001 to 2004.
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Commencement
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2.
These Regulations shall come into operation on 21 July 2004.
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Interpretation
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3.
In these Regulations:—
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“the 2001
Regulations” mean the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ),
as amended;
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“the 2003
Regulations” mean the Planning and Development (Regional Planning
Guidelines) Regulations 2003 ( S.I. No. 175 of
2003 ).
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Revocation
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4.
Article 6 of the 2003 Regulations is hereby revoked.
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Amendment of Article 3 of 2001 Regulations
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5.
Article 3 of the 2001 Regulations is hereby amended by—
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(a) the
insertion, after the definition of “EIS” in
sub-article (3), of the following:—
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“‘environmental assessment’ means the
preparation of an environmental report, the carrying out of consultations,
the taking into account of the environmental report and the results of the
consultations in decision-making and the provision of information on the
decision in accordance with these Regulations;”,
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(b) the
insertion, after the definition of “Major Accident Regulations” in
sub-article (3), of the following:—
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“‘Member
State’ means any State, other than Ireland, which is a Member
State of the European Communities;”,
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(c) the
insertion, after the definition of “peat extraction” in sub-article (3), of
the following:—
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“‘plan’ for the purposes of Schedules 2A
and 2B, means, where the context requires, a development plan, a variation
of a development plan, a local area plan (or an amendment thereto), regional
planning guidelines or a planning scheme;”
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and
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(d) the
insertion, after the definition of “regional assembly” in sub-article (3),
of the following:—
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“the SEA Directive’ means directive
2001/42/EC of the European Parliament and Council of 27 June 2001 (O.J. No. L 197, 21 July 2001) on the assessment of the effects of certain plans and
programmes on the environment.”
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Amendment of Article 3 of 2001 Regulations
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6.
Article 13 of the 2001 Regulations is hereby amended by the insertion after
paragraph (o) of the following paragraph—
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“(oo) the
Environmental Protection Agency.”
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Amendment of Part 13 of 2001 Regulations (Development Plans)
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7.
Part 3 of the 2001 Regulations is hereby amended by the insertion after
article 13 of the following articles—
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Determination of need for
environmental assessment of development plan
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“13A.
(1) This article applies to a development plan for an area the population
of which is less than 10,000 persons.
(2)
Where a planning authority proposes to prepare a new development plan
referred to in sub-article (1), the planning authority shall, prior to
giving notice under section 11(1) of the Act, consider whether or not the
implementation of a new development plan would be likely to have
significant effects on the environment, taking account of relevant
criteria set out in Schedule 2A.
(3)
Where the planning authority, following consideration under sub-article
(2), determines that the implementation of a new development plan referred
to in sub-article (1) would be likely to have significant effects on the
environment, sub-articles (4) and (5) shall not apply.
(4) (a) Where,
following consideration under sub-article (2), a determination under
sub-article (3) has not been made by the planning authority, the authority
shall give notice in accordance with paragraph (b) to the following
environmental authorities—
(i) the Environmental Protection
Agency,
(ii) where
it appears to the planning authority that the plan might have significant
effects in relation to the architectural or archaeological heritage or to
nature conservation, the Minister for the Environment, Heritage and Local
Government, and
(iii) where
it appears to the planning authority that the plan might have significant
effects on fisheries or the marine environment, the Minister for
Communications, Marine and Natural Resources.
(b)
A notice under paragraph (a) shall—
(i) state that the planning authority
intends to review its existing development plan and to prepare a new
development plan for its area.
(ii) state
that the planning authority must determine whether or not the
implementation of a new development plan would be likely to have significant
effects on the environment and that, in so doing, it must take account of
relevant criteria set out in Schedule 2A, and
(iii) indicate
that a submission or observation in relation to whether or not the
implementation of a new development plan would be likely to have
significant effects on the environment may be made to the authority within
a specified period which shall be not less than 4 weeks from the date of
the notice.
(5)
Following the period specified in sub-article 4(b)(iii), the
planning authority shall determine whether or not the implementation of a
new development plan would be likely to have significant effects on the
environment, taking account of relevant criteria set out in Schedule 2A
and any submission or observation received in response to a notice under
sub-article (4).
(6)
As soon as practicable after making a determination under sub-article (3)
or (5), the planning authority shall—
(a)
make a copy of its decision, including, as appropriate, the reasons for
not requiring an environmental assessment, available for public inspection
at the offices of the planning authority during office hours, and
(b)
notify its decision to any environmental authority which was notified
under sub-article (4).
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Notice of review of
development plan.
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13B.
Where—
(a)
the population of the area of a planning authority is 10,000 persons or
more, or
(b)
where the planning authority determines under article 13A(3) or (5) that
the implementation of a new development plan would be likely to have
significant effects on the environment,
(i) the notice under section 11(1) of
the Act shall, in addition to the requirements of section 11(2) of the
Act, state that—
(I) the
planning authority proposes to carry out an environmental assessment as
part of the review of the existing development plan and the preparation of
a new development plan, and
(II) for
this purpose, the planning authority will prepare an environmental report
of the likely significant effects on the environment of implementing the
new plan, and
(ii) the
provisions of articles 13C to 13J shall apply.
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Requirement to prepare
environmental report.
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13C.
A draft development plan prepared by the manager under section 11(5) of
the Act shall be accompanied by or include an environmental report and any
reference to a draft development plan in that subsection or in subsections
(1), (2), (5) or (6) of section 12 of the Act shall be construed as also
referring to the environmental report.
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Scoping of environmental
report.
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13D.
(1) The planning authority shall, as soon as practicable after the giving
of notice under section 11(1) of the Act, give notice in accordance with
sub-article (2) to the environmental authorities specified in article
13A(4), as appropriate.
(2)
A notice under sub-article (1) shall—
(a)
state that, as part of the review of the existing development plan and the
preparation of a new development plan, the planning authority will prepare
an environmental report of the likely significant effects on the environment
of implementing the plan.
(b)
state that the environmental report is required to include the information
that may reasonably be required, taking into account—
(i) current knowledge and methods of
assessment,
(ii) the
contents and level of detail in the plan,
(iii) the
stage of the plan in the decision-making process, and
(iv) the
extent to which certain matters are more appropriately assessed at
different levels in the decision-making process in order to avoid
duplication of environmental assessment, and
(c)
indicate that a submission or observation in relation to the scope and
level of detail of the information to be included in the environmental
report may be made to the planning authority within a specified period
which shall be not less than 4 weeks from the date of the notice.
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Content of environmental
report.
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13E.
(1) Subject to sub-article (2), an environmental report under article 13C
shall identify, describe and evaluate the likely significant effects on
the environment of implementing the plan, and reasonable alternatives
taking account of the objectives and the geographical scope of the plan,
and, for this purpose, the report shall—
(a)
contain the information specified in Schedule 2B.
(b)
take account of any submission or observation received in response to a
notice under article 13D(1), and
(c)
be of sufficient quality to meet the requirements of these Regulations.
(2)
An environmental report shall include the information that may reasonably
be required taking into account—
(a)
current knowledge and methods of assessment,
(b)
the contents and level of detail in the plan,
(c)
the stage of the plan in the decision-making process, and
(d)
the extent to which certain matters are more appropriately assessed at
different levels in the decision-making process in order to avoid
duplication of environmental assessment.
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Transboundary environmental
effects.
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13F.
(1) In addition to the notification requirements under section 12(1) of
the Act, a planning authority shall, following consultation with the
Minister, forward a copy of the draft development plan and associated
environmental report to a Member State—
(a)
where the planning authority considers that implementation of the plan is
likely to have significant effects on the environment of such Member State, or
(b)
where a Member State, likely to be significantly affected, so requests.
(2)
Where a Member State is sent a copy of a draft plan and environmental
report under sub-article (1) and it indicates that it wishes to enter into
consultations before the adoption of the plan, the planning authority
shall—
(a)
enter into consultations with the State concerned in relation to the
likely transboundary environmental effects of
implementing the plan, including, as appropriate, any likely transboundary environmental effects of implementing a
proposed amendment under section 12(7) of the Act, and the measures
envisaged to reduce or eliminate such effects, and
(b)
agree with the State concerned—
(i) a reasonable timeframe for the
completion of the consultations, having regard to the timeframes for the
making of a new development plan under section 12 of the Act, and
(ii) detailed
arrangements to ensure that the authorities referred to in article 6(3) of
the SEA Directive and the public referred to in article 6(4) of the SEA
Directive in the Member State concerned are informed and given an opportunity to
forward their opinion within a reasonable timeframe.
(3)
The report required of the manager under subsection (4) or (8) of section
12 of the Act shall take account of any transboundary
consultations under this article.
(4)
Where, in response to a request to a Member State or otherwise, a planning
authority receives from a Member State, either directly from the Member
State or communicated by the Minister, a draft development or land-use
plan and associated environmental report in relation to such State, or
part thereof, the planning authority shall, as soon as may be following
receipt of such plan and environmental report—
(a)
enter into consultations with the State concerned in relation to the
likely transboundary environmental effects of
implementing the plan and the measures envisaged to reduce or eliminate
such effects.
(b)
agree with the State concerned—
(i) a reasonable timeframe for the
completion of the consultations, having regard to any statutory or other
timeframes for the adoption of the plan, and
(ii) detailed
arrangements to ensure that the authorities referred to in article 6(3) of
the SEA Directive and the public referred to in article 6(4) of the SEA
Directive in the area likely to be significantly affected are informed and
given an opportunity to forward their opinion within a reasonable
timeframe,
(c)
publish a notice in accordance with sub-article (5) in an approved
newspaper, and
(d)
send notice of, and a copy of, the draft plan and associated environmental
report to the environmental authorities specified in article 13A(4), as
appropriate, indicating that a submission or observation in relation to
the draft plan and associated environmental report may be made in writing
to the authority within a specified period which shall be not less than 4
weeks from the date of the notice.
(5)
A notice in accordance with sub-article (4)(c) shall state that—
(a)
a draft development or land-use plan and associated environmental report
have been received from a Member State,
(b)
the draft plan has potential transboundary environmental
effects,
(c)
a copy of the draft plan and associated environmental report are available
for inspection at a stated place or places and at stated times during a
specified period which shall be not less than 4 weeks from the date of the
notice (and the copy shall be kept available for inspection accordingly),
and
(d)
a submission or observation in relation to the draft plan and associated
environmental report may be made in writing to the planning authority
within the specified period.
(6)
As soon as may be following receipt of any submission or observation in
response to a notice under sub-article (4) or (5), or where the planning
authority otherwise considers it necessary, the relevant planning
authority shall consult with the State concerned in relation to the likely
transboundary environmental effects of the draft
plan and the measures envisaged to reduce or eliminate such effects.
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Notice of material
alteration of draft development plan.
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13G.
A notice under section 12(7) of the Act shall, as appropriate, in addition
to the requirements of paragraph (b), state that information on the
likely significant effects on the environment of implementing the proposed
amendment will also be available for inspection and that a submission or
observation in relation to such information made to the planning authority
within the period stated in the notice will also be taken into
consideration before the making of any amendment.
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Decision-making
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13H.
The planning authority shall take account of
(a)
the environmental report,
(b)
any submission or observation made to the planning authority in response
to a notice under section 12(1) or (7) of the Act, and
(c)
any consultations under article 13F,
during the
preparation of the plan, and before its adoption.
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Information on decision.
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13I.
(1) In addition to the requirement of section 12(12)(b) of the Act,
a notice under section 12(12)(a) of the Act shall state that a
statement is also available, summarising—
(a)
how environmental considerations have been integrated into the plan,
(b)
how
(i) the environmental report prepared
pursuant to article 13C,
(ii) submissions
and observations made to the planning authority in response to a notice
under section 12(1) or (7) of the Act, and
(iii)
any consultations under article 13F.
have been taken into account
during the preparation of the plan.
(c)
the reasons for choosing the plan, as adopted, in the light of the other
reasonable alternatives dealt with, and
(d)
the measures decided upon to monitor, in accordance with article 13J, the
significant environmental effects of implementation of the plan.
(2)
A planning authority shall, in addition to the requirements of paragraph (c)
of section 12(12) of the Act—
(a)
send a copy of the statement referred to in sub-article (1) to the bodies
referred to in that paragraph, and
(b)
send a copy of the statement and development plan to any Member State consulted under article 13F.
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Monitoring
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13J.
(1) The planning authority shall monitor the significant environmental
effects of implementation of the development plan in order, inter alia, to identify at an early stage unforeseen adverse
effects and to be able to undertake appropriate remedial action and, for
this purpose, existing monitoring arrangements may be used, if
appropriate, with a view to avoiding duplication of monitoring.
(2)
The report required of the manager under section 15(2) of the Act shall
include information in relation to progress on, and the results of,
monitoring the significant environmental effects of implementation of the
development plan.
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Determination of need for
environmental assessment of variation of development plan.
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13K.
(1) Where a planning authority proposes to make a variation of a
development plan under section 13 of the Act, it shall, before giving
notice under section 13(2) of the Act, consider whether or not the
proposed variation would be likely to have significant effects on the
environment, taking into account of relevant criteria set out in Schedule
2A.
(2)
Where the planning authority, following consideration under sub-article
(1), determines that the proposed variation would be likely to have
significant effects on the environment, sub-articles (3) and (4) shall not
apply.
(3) (a) Where,
following consideration under sub-article (1), a determination under
sub-article (2) has not been made by the planning authority, the authority
shall give notice in accordance with paragraph (b) to the
environmental authorities specified in article 13A(4), as appropriate.
(b) A
notice under paragraph (a) shall—
(i) state that the planning authority
proposes to make a variation of the development plan under section 13 of
the Act,
(ii) state
that the planning authority must determine whether or not the proposed
variation would be likely to have significant effects on the environment
and that, in so doing, it must take account of relevant criteria set out
in Schedule 2A, and
(iii) indicate
that a submission or observation in relation to whether or not the
proposed variation would be likely to have significant effects on the
environment may be made to the authority within a specified period which
shall be not less than 3 weeks from the date of the notice.
(4)
Following the period specified in sub-article 3(b)(iii), the
planning authority shall determine whether or not the proposed variation
of the development plan would be likely to have significant effects on the
environment, taking account of relevant criteria set out in Schedule 2A
and any submission or observation received in response to a notice under
sub-article (3).
(5)
As soon as practicable after making a determination under sub-article (2)
or (4), the planning authority shall—
(a)
make a copy of its decision, including, as appropriate, the reasons for
not requiring an environmental assessment, available for public inspection
at the offices of the planning authority during office hours, and
(b)
notify its decision to any environmental authority which was notified
under sub-article (3).
(6)
The provisions of articles 13L to 13R shall only apply where a planning
authority determines under this article that a proposed variation would be
likely to have significant effects on the environment.
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Requirement to prepare
environmental report.
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13L.
A proposed variation of a development plan under section 13 of the Act
shall be accompanied by or include an environmental report and any
reference to a proposed variation in subsections (2), (3)(b) and (c),
(5) and (6) of Section 13 of the Act shall be construed as also referring
to the environmental report.
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Scoping of environmental
report.
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13M.
(1) Before giving notice under section 13(2) of the Act, the planning
authority shall give notice in accordance with sub-article (2) to the
environmental authorities specified in article 13A(4), as appropriate.
(2)
A notice under sub-article (1) shall—
(a)
state that the planning authority proposes to carry out an environmental
assessment of the proposed variation of the development plan.
(b)
state that, for this purpose, the planning authority will prepare an
environmental report of the likely significant effects on the environment
of implementing the proposed variation,
(c)
state that the environmental report is required to include the information
that may reasonably be required, taking into account—
(i) current knowledge and methods of
assessment,
(ii) the
contents and level of detail of the proposed variation,
(iii) the
stage of the proposed variation in the decision-making process, and
(iv) the
extent to which certain matters are more appropriately assessed at
different levels in the decision-making process in order to avoid
duplication of environmental assessment, and
(d)
indicate that a submission or observation in relation to the scope and
level of detail of the information to be included in the environmental
report may be made to the planning authority within a specified period
which shall be not less than 3 weeks from the date of the notice.
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Content of environmental
report.
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13N.
(1) Subject to sub-article (2), an environmental report under article 13L
shall identify, describe and evaluate the likely significant effects on
the environment of implementing the proposed variation and reasonable
alternatives taking account of the objectives and the geographical scope
of the proposed variation and, for this purpose, the report shall—
(a)
contain the information specified in Schedule 2B,
(b)
take account of any submission or observation received in response to a
notice under article 13M(1), and
(c)
be of sufficient quality to meet the requirements of these Regulations.
(2)
An environmental report shall include the information that may reasonably
be required taking into account—
(a)
current knowledge and methods of assessment,
(b)
the contents and level of detail of the proposed variation,
(c)
the stage of the proposed variation in the decision-making process, and
(d)
the extent to which certain matters are more appropriately assessed at
different levels in the decision-making process in order to avoid
duplication of environmental assessment.
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Transboundary environmental
effects.
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13O.
(1) In addition to the notification requirements under section 13(2) of
the Act, a planning authority shall, following consultation with the
Minister, forward a copy of the proposed variation and associated
environmental report to a Member State—
(a)
where the planning authority considers that implementation of the proposed
variation is likely to have significant effects on the environment of such
Member State, or
(b)
where a Member State, likely to be significantly affected, so requests.
(2)
Where a Member State is sent a copy of a proposed variation and
environmental report under sub-article (1) and it indicates that it wishes
to enter into consultations before the adoption of the proposed variation,
the planning authority shall—
(a)
enter into consultations with the State concerned in relation to the
likely transboundary environmental effects of
implementing the proposed variation and the measures envisaged to reduce
or eliminate such effects, and
(b)
agree with the State concerned—
(i) a reasonable timeframe for the
completion of the consultations, having regard to the timeframes for the
making of a variation of a development plan under section 13 of the Act,
and
(ii) detailed
arrangements to ensure that the authorities referred to in article 6(3) of
the SEA Directive and the public referred to in article 6(4) of the SEA
Directive in the Member State concerned are informed and given an opportunity to
forward their opinion within a reasonable timeframe.
(3)
The report required of the manager under section 13(4) of the Act shall
take account of any transboundary consultations
under this article.
(4)
Where, in response to a request to a Member State or otherwise, the
planning authority receives from a Member State, either directly from the
Member State or communicated by the Minister, a proposed variation of a
development or land-use plan and associated environmental report in
relation to such State, or part thereof, the planning authority shall, as
soon as may be following receipt of such variation and environmental
report—
(a)
enter into consultations with the State concerned in relation to the
likely transboundary environmental effects of
implementing the variation and the measures envisaged to reduce or
eliminate such effects,
(b)
agree with the State concerned—
(i) a reasonable timeframe for the
completion of the consultations, having regard to any statutory or other
timeframes for the making of the variation, and
(ii) detailed
arrangements to ensure that the authorities referred to in article 6(3) of
the SEA Directive and the public referred to in article 6(4) of the SEA
Directive in the area likely to be significantly affected are informed and
given an opportunity to forward their opinion within a reasonable
timeframe,
(c)
publish a notice in accordance with sub-article (5) in an approved
newspaper, and
(d)
send notice of, and a copy of, the proposed variation and associated
environmental report to the environmental authorities specified in article
13A(4), as appropriate, indicating that a submission or observation in
relation to the proposed variation and associated environmental report may
be made in writing to the authority within a specified period which shall
be not less than 4 weeks from the date of the notice.
(5)
A notice in accordance with sub-article (4)(c) shall state that—
(a)
a proposed variation of a development or land-use plan and associated
environmental report have been received from a Member State,
(b)
the proposed variation has potential transboundary
environmental effects,
(c)
a copy of the proposed variation and associated environmental report are
available for inspection at a stated place or places and at stated times
during a specified period which shall be not less than 4 weeks from the
date of the notice (and the copy shall be kept available for inspection
accordingly), and
(d)
a submission or observation in relation to the proposed variation and
associated environmental report may be made in writing to the authority
within the specified period.
(6)
As soon as may be following receipt of any submission or observation in
response to a notice under sub-article (4) or (5), or where the planning
authority otherwise considers it necessary, the relevant planning
authority shall consult with the State concerned in relation to the likely
transboundary environmental effects of the
proposed variation and the measures envisaged to reduce or eliminate such
effects.
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|
Decision-making.
|
13P.
The planning authority shall take account of—
(a)
the environment report,
(b)
any submission or observation made to the planning authority in response
to a notice under section 13(2) of the Act, and
(c)
any consultations under article 13O.
during the making of the
variation, and before its adoption.
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|
Information on decision.
|
13Q.
(1) In addition to the requirement of section 13(8)(b) of the Act,
a notice under section 13(8)(a) of the Act shall state that a
statement is also available summarising—
(a)
how environmental considerations have been integrated into the variation,
(b)
how
(i) the environmental report prepared
pursuant to article 13L,
(ii) submissions
and observations made to the planning authority in response to a notice
under section 13(2) of the Act, and
(iii)
any consultations under article 13O,
have been taken into account
during the making of the variation,
(c)
the reasons for choosing the variation, as adopted, in the light of the
other reasonable alternatives dealt with, and
(d)
the measures decided upon to monitor, in accordance with article 13R, the
significant environmental effects of implementation of the variation.
(2)
A planning authority shall, in addition to the requirements of paragraph (c)
of section 13(8) of the Act—
(a)
send a copy of the statement referred to in sub-article (1) to the bodies
referred to in that paragraph, and
(b)
send a copy of the statement and the variation to any Member State consulted under article 13O.
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|
Monitoring.
|
13R.
(1) The planning authority shall monitor the significant environmental
effects of implementation of the variation of a development plan in order,
inter alia, to identify at an early stage
unforeseen adverse effects and to be able to undertake appropriate
remedial action and, for this purpose, existing monitoring arrangements
may be used, if appropriate, with a view to avoiding duplication of
monitoring.
(2)
Monitoring required under sub-article (1) shall, as appropriate, be
incorporated as part of any monitoring under article 13J.”
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|
|
|
Amendment of Part 3 of 2001 Regulations (Local Area Plans)
|
8.
Part 3 of the 2001 Regulations is hereby amended by the insertion after
article 14 of the following articles:
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|
|
|
|
Determination of need for
environmental assessment of local area plan.
|
“14A.
(1) This article applies to a local area plan or an amendment to a local
area plan for an area the population of which is less than 10,000 persons.
(2)
Where a planning authority proposes to prepare or amend a local area plan
referred to in sub-article (1), the planning authority shall, prior to
giving notice under section 20(3) of the Act, consider whether or not
implementation of the local area plan or amended plan would be likely to
have significant effects on the environment, taking account of relevant
criteria set out in Schedule 2A.
(3)
Where the planning authority, following consideration under sub-article
(2), determines that implementation of a local area plan or amended plan
referred to in sub-article (1) would be likely to have significant effects
on the environment, sub-articles (4) and (5) shall not apply.
(4) (a) Where,
following consideration under sub-article (2), a determination under
sub-article (3) has not been made by the planning authority, the authority
shall give notice in accordance with paragraph (b) to the
environmental authorities specified in article 13A(4), as appropriate.
(b) A
notice under paragraph (a) shall—
(i) state that the planning authority
intends to prepare or amend a local area plan.
(ii) state
that the planning authority must determine whether or not implementation
of the local area plan or amended plan would be likely to have significant
effects on the environment and that, in so doing, it must take account of
relevant criteria set out in Schedule 2A, and
(iii) indicate
that a submission or observation in relation to whether or not
implementation of the local area plan or amended plan would be likely to
have significant effects on the environment may be made to the authority
within a specified period which shall be not less than 4 weeks from the
date of the notice.
(5)
Following the period specified in sub-article 4(b)(iii), the
planning authority shall determine whether or not implementation of the
local area plan or amended plan would be likely to have significant
effects on the environment, taking account of relevant criteria set out in
Schedule 2A and any submission or observation received in response to a
notice under sub-article (4).
(6)
As soon as practicable after making a determination under sub-article (3)
or (5), the planning authority shall—
(a)
make a copy of its decision, including, as appropriate, the reasons for
not requiring an environmental assessment, available for public inspection
at the offices of the planning authority during office hours, and
(b)
notify its decision to any environmental authority which was notified
under sub-article (4).
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|
Requirement to prepare
environmental report.
|
14B.
Where—
(a)
the population of the area of a local area plan is 10,000 persons or more,
or
(b)
where the planning authority determines under article 14A(3) or (5) that
the implementation of a local area plan or amended plan would be likely to
have significant effects on the environment,
the planning
authority shall, prior to giving notice under section 20(3) of the Act,
prepare an environmental report of the likely significant effects on the
environment of implementing the local area plan or amended plan, and the
provisions of articles 14C to 14J shall apply.
|
|
Scoping of environmental
report.
|
14C.
(1) The planning authority shall, prior to giving notice under section
20(3) of the Act, give notice in accordance with sub-article (2) to the
environmental authorities specified in article 13A(4), as appropriate.
(2)
A notice under sub-article (1) shall—
(a)
state that, as part of the preparation or amendment of the local area
plan, the planning authority will prepare an environmental report of the
likely significant effects on the environment of implementing the plan or
amended plan,
(b)
state that the environmental report is required to include the information
that may reasonably be required, taking into account—
(i) current knowledge and methods of
assessment,
(ii) the
contents and level of detail in the plan or amended plan
(iii) the
stage of the plan or amended plan in the decision-making process, and
(iv) the
extent to which certain matters are more appropriately assessed at
different levels in the decision-making process in order to avoid
duplication of environmental assessment, and
(c)
indicate that a submission or observation in relation to the scope and
level of detail of the information to be included in the environmental
report may be made to the planning authority within a specified period
which shall be not less than 4 weeks from the date of the notice.
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|
Content of environmental
report.
|
14D.
(1) Subject to sub-article (2), an environmental report under article 14B
shall identify, describe and evaluate the likely significant effects on
the environment of implementing the plan or amended plan, and reasonable
alternatives taking account of the objectives and the geographical scope
of the plan or amended plan, and, for this purpose, the report shall—
(a)
contain the information specified in Schedule 2B.
(b)
take account of any submission or observation received in response to a
notice under article 14C(1), and
(c)
be of sufficient quality to meet the requirements of these Regulations.
(2)
An environmental report shall include the information that may reasonably
be required taking into account—
(a)
current knowledge and methods of assessment,
(b)
the contents and level of detail in the plan or amended plan,
(c)
the stage of the plan or amended plan in the decision-making process, and
(d)
the extent to which certain matters are more appropriately assessed at
different levels in the decision-making process in order to avoid
duplication of environmental assessment.
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|
Notice of local area plan
and environmental report.
|
14E.
(1) The documentation made available under section 20(3) of the Act shall
be accompanied by or include an environmental report and the notice under
section 20(3)(a) of the Act shall, in addition to the requirements
of section 20(3)(b) of the Act, state that the planning authority
has prepared an environmental report of the likely significant effects on
the environment of implementing the local area plan or amended plan and
that submissions or observations in respect of the environmental report
made to the planning authority within the period specified in the notice
will also be taken into consideration.
(2)
A notice under section 20(3)(a) of the Act shall, in addition to
the authorities specified in article 14, be sent to the environmental
authorities specified in article 13A(4), as appropriate.
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|
Transboundary environmental
effects.
|
14F.
(1) In addition to the notification requirements under section 20(3) of
the Act, the planning authority shall, following consultation with the
Minister, forward a copy of the proposal to make or amend a local area
plan, and, where appropriate, the proposed local area plan or proposed
amended plan, and associated environmental report to a Member State—
(a)
where the planning authority considers that implementation of the plan or
amended plan is likely to have significant effects on the environment of
such Member State, or
(b)
where a Member State, likely to be significantly affected, so requests.
(2)
Where a Member State is sent documentation under sub-article (1) and it
indicates that it wishes to enter into consultations before the making or
amending of the plan or amended plan, the planning authority shall—
(a)
enter into consultations with the State concerned in relation to the
likely transboundary environmental effects of
implementing the plan or amended plan, including, as appropriate, any
likely transboundary environmental effects of
implementing a proposed variation or modification under paragraph (e)
of section 20(3) of the Act, and the measures envisaged to reduce or
eliminate such effects, and
(b)
agree with the State concerned—
(i) a reasonable timeframe for the
completion of the consultations, having regard to the timeframes for the
making or amending of a local area plan under section 20 of the Act, and
(ii) detailed
arrangements to ensure that the authorities referred to in article 6(3) of
the SEA Directive and the public referred to in article 6(4) of the SEA
Directive in the Member State concerned are informed and given an
opportunity to forward their opinion within a reasonable timeframe.
(3)
The report required of the manager under paragraphs (c) or (e)
of section 20(3) of the Act shall take account of any transboundany
consultations under this article.
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|
Notice of material
alteration of local area plan.
|
14G.
A notice under section 20(3)(e) of the Act shall, as appropriate,
in addition to the requirements of sub-paragraph (ii), state that
information on the likely significant effects on the environment of
implementing the proposed variation or modification will also be available
for inspection and that a submission or observation in relation to such
information made to the planning authority within the period stated in the
notice will also be taken into consideration before the making of any
variation or modification.
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|
Decision-making.
|
14H.
The planning authority shall take account of
(a)
the environmental report,
(b)
any submission or observation made to the planning authority in response
to a notice under section 20(3) of the Act, and
(c)
any consultations under article 14F.
during the
preparation or amendment of the plan, and before its adoption.
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|
Information on decision
|
14I.
(1) As soon as may be following the making or amending of a local area
plan, the planning authority shall prepare a statement summarising—
(a)
how environmental considerations have been integrated into the plan.
(b)
how
(i) the environmental report prepared
pursuant to article 14B.
(ii) submissions
and observations made to the planning authority in response to a notice
under section 20(3) of the Act, and
(iii)
any consultations under article 14F,
have been taken into account
during the preparation or amendment of the plan,
(c)
the reasons for choosing the plan or amendment, as adopted, in the light
of the other reasonable alternatives dealt with, and
(d)
the measures decided upon to monitor, in accordance with article 14J, the
significant environmental effects of implementation of the plan or amended
plan.
(2)
A planning authority shall, as soon as may be following the making or
amending of a local area plan—
(i) publish notice, in accordance with
sub-article (3), of the making or amending of a local area plan in at
least one newspaper with a sufficiently large circulation in the area
covered by the local area plan,
(ii) in
addition to the requirements of section 20(5) of the Act, send a copy of
the statement referred to in sub-article (1) to the bodies referred to in
section 20(5) of the Act, and
(iii) send
a copy of the plan and the statement referred to in sub-article (1) to the
authorities referred to in article 13A(4), as appropriate, and to any
Member State consulted under article 14F, as appropriate.
(3)
A notice under sub-article (2)(i) shall state
that a copy of the local area plan and the statement referred to in
sub-article (1) are available for inspection at a stated place or places
(and a copy shall be kept available for inspection accordingly).
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|
Monitoring.
|
14J.
(1) The planning authority shall monitor the significant environmental
effects of implementation of the local area plan in order, inter alia, to identify at an early stage unforeseen adverse
effects and to be able to undertake appropriate remedial action and, for
this purpose, existing monitoring arrangements may be used, if
appropriate, with a view to avoiding duplication of monitoring.
(2)
Monitoring required under sub-article (1) shall, as appropriate, be
incorporated as part of any monitoring under article 13J.”
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|
|
|
Amendment of Article 15 of 2001 Regulations
|
9.
Article 15 of the 2001 Regulations is hereby amended by the insertion after
paragraph (p) of the following paragraph—
|
|
|
|
“(pp)
the Environmental Protection Agency.”
|
|
|
Amendment of Part 3 of 2001 Regulations (Regional Planning
Guidelines)
|
10.
Part 3 of the 2001 Regulations is hereby amended by the insertion after
article 15 of the following articles:
|
|
|
|
|
Consultation regarding
regional planning guidelines.
|
“15A.
A notice under section 24(1) of the Act shall, in addition to the
requirements of section 24(2) of the Act, state that—
(a)
the regional authority proposes to carry out an environmental assessment
as part of the making of regional planning guidelines, and
(b)
for this purpose, the regional authority will prepare an environmental
report of the likely significant effects on the environment of
implementing the regional planning guidelines.
|
|
Requirement to prepare
environmental report.
|
15B.
Draft regional planning guidelines prepared by the regional authority
under section 24(4) of the Act shall be accompanied by or include an
environmental report and any reference to draft guidelines in subsections
(4)(a) and (b) or (5) of section 24 of the Act shall be
construed as also referring to the environmental report.
|
|
Scoping of environmental
report.
|
15C.
(1) As soon as practicable after the giving of notice under section 24(1)
of the Act, the regional authority shall give notice in accordance with
sub-article (2) to the environmental authorities specified in article
13A(4), as appropriate.
(2)
A notice under sub-article (1) shall
(a)
state that, as part of the making of regional planning guidelines, the
regional authority will prepare an environmental report of the likely
significant effects on the environment of implementing the guidelines,
(b)
state that the environmental report is required to include the information
that may reasonably be required, taking into account—
(i) current knowledge and methods of assessment,
(ii) the
contents and level of detail of the guidelines,
(iii)
the stage of the guidelines in the decision-making process, and
(iv) the
extent to which certain matters are more appropriately assessed at
different levels in the decision-making process in order to avoid
duplication of environmental assessment, and
(c)
indicate that a submission or observation in relation to the scope and
level of detail of the information to be included in the environmental
report may be made to the regional authority within a specified period
which shall be not less than 4 weeks from the date of the notice.
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|
Content of environmental
report.
|
15D.
(1) Subject to sub-article (2), an environmental report under article 15B
shall identify, describe and evaluate the likely significant effects on
the environment of implementing the regional planning guidelines and reasonable
alternatives taking account of the objectives and the geographical scope
of the guidelines and, for this purpose, the report shall—
(a)
contain the information specified in Schedule 2B.
(b)
take account of any submission or observation received in response to a
notice under article 15C(1), and
(c)
be of sufficient quality to meet the requirements of these Regulations.
(2)
An environmental report shall include the information that may reasonably
be required taking into account—
(a)
current knowledge and methods of assessment,
(b)
the contents and level of detail of the regional planning guidelines,
(c)
the stage of the guidelines in the decision-making process, and
(d)
the extent to which certain matters are more appropriately assessed at
different levels in the decision-making process in order to avoid
duplication of environmental assessment.
|
|
Transboundary environmental
effects.
|
15E.
(1) In addition to the notification requirements under section 24(4) of
the Act, a regional authority shall, following consultation with the
Minister, forward a copy of the draft guidelines and associated
environmental report to a Member State—
(a)
where the regional authority considers that implementation of the
guidelines is likely to have significant effects on the environment of
such Member State, or
(b)
where a Member State, likely to be significantly affected, so requests.
(2)
Where a Member State is sent a copy of draft regional planning guidelines
and environmental report under sub-article (1) and it indicates that it
wishes to enter into consultations before the adoption of the guidelines,
the regional authority shall—
(a)
enter into consultation with the State concerned in relation to the likely
transboundary environmental effects of
implementing the guidelines and the measures envisaged to reduce or
eliminate such effects, and
(b)
agree with the State concerned—
(i) a reasonable timeframe for the
completion of the consultations, having regard to the timeframes for the
making of guidelines under sections 24 and 26 of the Act, and
(ii) detailed
arrangements to ensure that the authorities referred to in article 6(3) of
the SEA Directive and the public referred to in article 6(4) of the SEA
Directive in the Member State concerned are informed and given an
opportunity to forward their opinion within a reasonable timeframe.
(3)
A report under article 7(1) or (2) of the Planning and Development (Regional
Planning Guidelines) Regulations 2003 ( S.I. No. 175 of 2003
) shall take account of any transboundary
consultations under this article.
(4)
Where, in response to a request to a Member State or otherwise, a regional
authority receives from a Member State, either directly from the Member
State or communicated by the Minister, draft regional planning guidelines
or a draft regional land-use plan and associated environmental report in
relation to such State, or part thereof, the regional authority shall, as
soon as may be following receipt of such guidelines or plan and
environmental report,
(a)
enter into consultations with the State concerned in relation to the
likely transboundary environmental effects of
implementing the guidelines or land-use plan and the measures envisaged to
reduce or eliminate such effects,
(b)
agree with the State concerned—
(i) a reasonable timeframe for the
completion of the consultations, having regard to any statutory or other
timeframes for the adoption of the guidelines or land-use plan, and
(ii) detailed
arrangements to ensure that the authorities referred to in article 6(3) of
the SEA Directive and the public referred to in article 6(4) of the SEA
Directive in the area likely to be significantly affected are informed and
given an opportunity to forward their opinion within a reasonable
timeframe,
(c)
publish a notice in accordance with sub-article (5) in at least one
newspaper which the regional authority considers has a sufficiently large
circulation in its area, and
(d)
send notice of, and a copy of, the draft regional planning guidelines or
draft regional land-use plan and associated environmental report to the
environmental authorities specified in article 13A(4), as appropriate, indicating
that a submission or observation in relation to the guidelines or land-use
plan and associated environmental report may be made in writing to the
authority within a specified period which shall be not less than 4 weeks
from the date of the notice.
(5)
A notice in accordance with a sub-article (4)(c) shall state that—
(a)
draft regional planning guidelines or a draft regional land-use plan and
associated environmental report have been received from a Member State.
(b)
the draft guidelines or land-use plan have potential transboundary
effects,
(c)
a copy of the draft guidelines or land-use plan and associated
environmental report are available for inspection at a stated place or
places and at stated times during a specified period which shall be not less
than 4 weeks from the date of the notice (and the copy shall be kept
available for inspection accordingly), and
(d)
a submission or observation in relation to the draft guidelines or
land-use plan and associated environmental report may be made in writing
to the authority within the specified period.
(6)
As soon as may be following receipt of any submission or observation in
response to a notice under sub-article (4) or (5), or where the regional
authority otherwise considers it necessary, the relevant regional
authority shall consult with the State concerned in relation to the likely
transboundary environmental effects of the draft
guidelines or land-use plan and the measures envisaged to reduce or
eliminate such effects.
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|
Decision-making.
|
15F.
The regional authority shall take account of—
(a)
the environmental report,
(b)
any submission or observation made to the regional authority in response
to a notice under section 24(4) of the Act, and
(c)
any consultations under article 15E,
during the
preparation of the guidelines, and before their adoption.
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|
Information on decision.
|
15G.
(1) In addition to the requirements of section 24(7)(b) of the Act,
a notice under section 24(7)(a) of the Act shall state that a
statement is also available summarising—
(a)
how environmental considerations have been integrated into the guidelines,
(b)
how
(i) the environmental report prepared
pursuant to article 15B,
(ii) submissions
and observations made to the regional authority in response to a notice
under section 24(4) of the Act, and
(iii)
any consultations under article 15E,
have been taken into account
during the preparation of the guidelines.
(c)
the reasons for choosing the guidelines, as adopted, in the light of the
other reasonable alternatives dealt with, and
(d)
the measures decided upon to monitor, in accordance with article 15H, the
significant environmental effects of implementation of the guidelines.
(2)
In addition to the requirements of section 24(7) of the Act, the regional
authority shall send a copy of the regional planning guidelines and the
statement referred to in sub-article (1) to—
(a)
the authorities specified in article 13A(4), as appropriate, and
(b)
any Member State consulted under article 15E.
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|
Monitoring.
|
15H.
Where the provisions of articles 15A to 15G apply, the regional authority
shall monitor the significant environmental effects of implementation of
the regional planning guidelines in order, inter alia,
to identify at an early stage unforeseen adverse effects and to be able to
undertake appropriate remedial action and, for this purpose, existing
monitoring arrangements may be used, if appropriate, with a view to
avoiding duplication of monitoring.”
|
|
|
|
Amendment of Part 14 of 2001 Regulations (Planning Schemes)
|
11.
Part 14 of the 2001 Regulations is hereby amended by the insertion after
article 179 of the following articles:
|
|
|
|
|
Planning scheme for
strategic development zones.
|
“179A.
A draft planning scheme under section 168(1) of the Act shall be
accompanied by or include an environmental report and any reference to a
draft planning scheme in subsection (1), (2) or (4)(a) of section
169 of the Act shall be construed as also referring to the environmental
report.
|
|
Scoping of environmental
report.
|
179B.
(1) Prior to the preparation of an environmental report under article
179A, the relevant development agency shall give notice in accordance with
sub-article (2) to the environmental authorities specified in article
13A(4), as appropriate.
(2)
A notice under sub-article (1) shall—
(a)
state that, as part of the preparation of a draft planning scheme, an
environmental report will be prepared of the likely significant effects on
the environment of implementing the scheme,
(b)
state that the environmental report is required to include the information
that may reasonably be required, taking into account—
(i) current knowledge and methods of
assessment,
(ii) the
contents and level of detail in the planning scheme,
(iii) the
stage of the planning scheme in the decision-making process, and
(iv) the
extent to which certain matters are more appropriately assessed at
different levels in the decision-making process in order to avoid
duplication of environmental assessment, and
(c)
indicate that a submission or observation in relation to the scope and
level of detail of the information to be included in the environmental
report may be made to the relevant development agency within a specified
period which shall be not less than 4 weeks from the date of the notice.
|
|
Content of environmental
report.
|
179C.
(1) Subject to sub-article (2), an environmental report under article 179A
shall identify, describe and evaluate the likely significant effects on
the environment of implementing the planning scheme and reasonable
alternatives taking account of the objectives and the geographical scope
of the scheme and, for this purpose, the report shall—
(a)
contain the information specified in Schedule 2B,
(b)
take account of any submission or observation received in response to a
notice under article 179B(1), and
(c)
be of sufficient quality to meet the requirements of these Regulations.
(2)
An environmental report shall include the information that may reasonably
be required taking into account—
(a)
current knowledge and methods of assessment,
(b)
the contents and level of detail in the planning scheme,
(c)
the stage of the planning scheme in the decision-making process, and
(d)
the extent to which certain matters are more appropriately assessed at
different levels in the decision-making process in order to avoid duplication
of environmental assessment.
|
|
Notice of draft planning
scheme and environmental report.
|
179D.
A notice under section 169(1) of the Act shall, in addition to the
authorities specified in article 179, be sent to the authorities specified
in article 13A(4), as appropriate.
|
|
Transboundary environmental
effects.
|
179E.
(1) In addition to the notification requirements under section 169(1) of
the Act, a planning authority shall, following consultation with the
Minister, forward a copy of the draft planning scheme and associated
environmental report to a Member State—
(a)
where the planning authority considers that implementation of the planning
scheme is likely to have significant effects on the environment of such
Member State, or
(b)
where a Member State, likely to be significantly affected, so requests.
(2)
Where a Member State is sent a copy of a draft planning scheme and
environmental report under sub-article (1) and it indicates that it wishes
to enter into consultations before the adoption of the scheme, the
planning authority shall—
(a)
enter into consultations with the State concerned in relation to the
likely transboundary environmental effects of
implementing the scheme and the measures envisaged to reduce or eliminate
such effects, and
(b)
agree with the State concerned—
(i) a reasonable timeframe for the completion
of the consultations, having regard to the timeframes for the making of a
planning scheme under section 169 of the Act, and
(ii) detailed
arrangements to ensure that the authorities referred to in article 6(3) of
the SEA Directive and the public referred to in article 6(4) of the SEA
Directive in the Member State concerned are informed and given an
opportunity to forward their opinion within a reasonable timeframe.
(3)
The report required of the manager under section 169(3) of the Act shall
take account of any transboundary consultations
under this article.
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Decision-making.
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179F.
The planning authority shall take account of—
(a)
the environmental report,
(b)
any submission or observation made to the planning authority in response
to a notice under section 169(1) of the Act, and
(c)
any consultations under article 179E,
during the
authority's consideration of the draft planning scheme, and before its
adoption.
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Information on decision.
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179G.
(1) In addition to the requirements of section 169(5)(b) of the
Act, a notice under section 169(5)(a) of the Act shall state that a
statement is also available summarising—
(a)
how environmental considerations have been integrated into the scheme.
(b)
how—
(i) the environmental report prepared
pursuant to article 179A.
(ii) submissions
and observations made to the planning authority in response to a notice
under section 169(1) of the Act, and
(iii)
any consultations under article 179E,
have been taken into account
during the planning authority's consideration of the draft scheme,
(c)
the reasons for choosing the scheme, as adopted, in the light of the other
reasonable alternatives dealt with, and
(d)
the measures decided upon to monitor, in accordance with article 179J, the
significant environmental effects of implementation of the scheme.
(2)
In addition to the requirements of paragraph (a) of section 169(5)
of the Act, the planning authority shall give notice under that paragraph
to the authorities specified in article
13A(4),
as appropriate, and to any Member State consulted under article 179E.
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Appeal to the Board.
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179H.
Where an appeal is taken under section 169(6) of the Act, the Board shall,
in addition to the requirements of section 169(8) of the Act, take account
of—
(a)
the environmental report prepared pursuant to article 179A,
(b)
any submission or observation made to the planning authority in response
to a notice under section 169(1) of the Act, and
(c)
any consultations under article 179E,
during the
Board's consideration of the scheme.
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Information on decision.
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179I.
(1) Where the Board, under section 169(7)(a) of the Act, approves
the making of a planning scheme without modification—
(a)
the notice required under section 169(7)(b) of the Act shall
indicate that the statement referred to in article 179G(1) is also
available for inspection, and
(b)
the planning authority shall give notice of the approval of the scheme,
and the availability for inspection of the statement referred to in
article 179G(1), to the authorities specified in article 13A(4), as
appropriate, and to any Member State consulted under article 179E.
(2)
Where the Board, under section 169(7)(a) of the Act, approves the
making of a planning scheme with modifications, it shall indicate in its
decision any amendments required to the statement referred to in article
179G(1) arising from its modification of the scheme, and shall direct the
planning authority to amend the statement accordingly.
(3)
Where sub-article (2) applies—
(a)
the notice required under section 169(7)(b) of the Act shall
indicate that the statement referred to in article 179G(1), as amended on
foot of any direction under sub-article (2), where appropriate, is also
available for inspection, and
(b)
the planning authority shall give notice of the approval of the scheme,
and the availability for inspection of the statement referred to in
article 179G(1), as amended on foot of any direction under sub-article
(2), where appropriate, to the authorities specified in article 13A(4), as
appropriate, and to any Member State consulted under article 179E.
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Monitoring.
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179J.
Where the provisions of articles 179A to 179I apply, the relevant
development agency or, where an agreement referred to in section 167 of
the Act has been made, the relevant development agency and any person who
is a party to the agreement, shall monitor the significant environmental
effects of implementation of the planning scheme in order, inter alia, to identify at an early stage unforeseen adverse
effects and to be able to undertake appropriate remedial action and, for
this purpose, existing monitoring arrangements may be used, if
appropriate, with a view to avoiding duplication of monitoring.”
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Addition of Schedules to 2001 Regulations
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12.
The 2001 Regulations are hereby amended by the insertion after Schedule 2 of
the following Schedules:
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“SCHEDULE 2A
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Criteria for determining whether a plan is likely to
have significant effects on the environment
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Articles
13A, 13K and 14A
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1. The
characteristics of the plan having regard, in particular, to:
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— the
degree to which the plan sets a framework for projects and other activities,
either with regard to the location, nature, size and operating conditions or
by allocating resources,
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— the
degree to which the plan influences other plans, including those in a
hierarchy,
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— the
relevance of the plan for the integration of environmental considerations in
particular with a view to promoting sustainable development,
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— environmental
problems relevant to the plan,
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— the
relevance of the plan for the implementation of European Union legislation
on the environment (e.g. plans linked to waste-management or water
protection).
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2. Characteristics
of the effects and of the area likely to be affected, having regard, in
particular, to:
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— the
probability, duration, frequency and reversibility of the effects,
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— the
cumulative nature of the effects,
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— the transboundary nature of the effects,
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— the risks
to human health or the environment (e.g. due to accidents),
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— the
magnitude and spatial extent of the effects (geographical area and size of
the population likely to be affected).
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— the value
and vulnerability of the area likely to be affected due to:
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(a) special
natural characteristics or cultural heritage,
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(b) exceeded
environmental quality standards or limit values,
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(c) intensive
land-use,
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— the
effects on areas or landscapes which have a recognised national, European
Union or international protection status.
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SCHEDULE 2B
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Information to be contained in an environmental report
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Articles
13E, 13N, 14D, 15D and 179C
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The following information shall be
included in an environmental report—
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(a) an outline
of the contents and main objectives of the plan and relationship with other
relevant plans;
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(b) the
relevant aspects of the current state of the environment and the likely
evolution thereof without implementation of the plan;
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(c) the
environmental characteristics of areas likely to be significantly affected;
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(d) any
existing environmental problems which are relevant to the plan including, in
particular, those relating to any areas of a particular environmental
importance, such as areas designated pursuant to the Birds Directive or
Habitats Directive;
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(e) the
environmental protection objectives, established at international, European
Union or national level, which are relevant to the plan and the way those
objectives and any environmental considerations have been taken into account
during its preparation;
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(f) the likely
significant effects1 on the
environment, including on issues such as biodiversity, population, human
health, fauna, flora, soil, water, air, climatic factors, material assets,
cultural heritage including architectural and archaeological heritage,
landscape and the interrelationship between the above factors;
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(g) the
measures envisaged to prevent, reduce and as fully as possible offset any
significant adverse effects on the environment of implementing the plan;
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(h) an outline
of the reasons for selecting the alternatives dealt with, and a description
of how the assessment was undertaken including any difficulties (such as
technical deficiencies or lack of know-how) encountered in compiling the
required information;
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(i)
a description of the measures envisaged concerning monitoring of the
significant environmental effects of implementation of the plan;
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(j) a
non-technical summary of the information provided under the above headings.”
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GIVEN under the Official Seal of the Minister for the
Environment, Heritage and Local Government this 14th day of July 2004.
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MARTIN CULLEN, T.D.,
Minister for the
Environment, Heritage and Local Government.
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EXPLANATORY
NOTE.
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(This note is not part
of the Instrument and does not purport to be a legal interpretation.)
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The
purpose of these Regulations is to transpose into Irish law Directive
2001/42/EC of 27 June 2001 (O.J. No. L197, 21 July
2001) on the assessment of the effects of certain plans and programmes on
the environment — commonly known as the Strategic Environmental Assessment
(SEA) Directive — insofar as the Directive relates to land-use planning.
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The
Regulations relate to consideration of the likely significant effects on the
environment of a development plan, a variation of a development plan, a
local area plan (or an amendment thereto), regional planning guidelines or a
planning scheme in respect of a strategic development zone.
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The
Regulations shall come into operation on 21 July 2004.
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1 These
effects should include secondary, cumulative, synergistic, short, medium and
long-term, permanent and temporary, positive and negative effects.
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