European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998

• Date: 18 September 1998
• Statutory Instrument No.: 351/1998

S.I. No. 351 of 1998.

EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT) REGULATIONS, 1998

The Minister for the Environment and Local Government, 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:—

PART I PRELIMINARY AND GENERAL 1. (1) These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998.

(2) These Regulations, the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 ( S.I. No. 84 of 1994 ) and the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1996 ( S.I. No. 101 of 1996 ) shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998. 2. In these Regulations,

"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);

"the 1989 Regulations" means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ).

PART II AMENDMENT OF THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1998, AND THE EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989 TO 1996. 3. Section 25 of the Act of 1963 is hereby amended by—

(a) the substitution for paragraph (b) of subsection (3) thereof, as inserted by article 7 of the 1989 Regulations, of the following paragraph :—

" (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —

(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and

(ii) the information collected in the course of such assessment should be made available to members of the public,

and he may, by order, apply such requirements regarding these matters in relation to the application for permission as he considers necessary or appropriate.";

(b) the substitution for paragraph (d) of subsection (3) thereof, as inserted by article 7 of the 1989 Regulations, of the following paragraph :—

" (d) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption, and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —

(i) be published in the Iris Oifigiuil and in at least one daily newspaper published in the State, and

(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.";

(c) the addition after subsection (4), as inserted by article 7 of the 1989 Regulations, of the following subsection :—

" (5) Where an applicant is required to submit an environmental impact statement in respect of proposed development and the development is likely to have significant effects on the environment in another Member State of the European Communities, the planning authority concerned may enter into consultations with such State regarding the effects of the development on the environment in that State.". 4. Section 26 of the Act of 1963 is hereby amended by—

(a) the insertion after subparagraph (ii) of paragraph (b) of subsection (4) thereof of the following subparagraph :—

"(iiA) where an applicant is required to submit an environmental impact statement in respect of proposed development and the development is likely to have significant effects on the environment in another Member State of the European Communities, within —

(I) the period of two months beginning on the day on which submissions or observations in relation to the development have been made by such State and related consultations (if any) have been completed, or

(II) the period within the meaning of subparagraphs (i) or (ii) above,

whichever period ends the later;";

(b) the deletion of subsection (4AA) thereof, as inserted by article 8 of the 1989 Regulations. 5. Section 78 of the Act of 1963 is hereby amended by the substitution for paragraphs (b) and (c) of subsection (3) thereof, as inserted by article 10 of the 1989 Regulations, of the following paragraphs :—

" (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —

(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and

(ii) the information collected in the course of such assessment should be made available to members of the public,

and he may, by order, apply such requirements regarding these matters as he considers necessary or appropriate.

(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption, and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, —

(i) be published in the Iris Oifigiuil and in at least one daily newspaper published in the State, and

(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.". 6. The 1989 Regulations are hereby amended by the substitution for article 25 thereof of the following article :—

"25. (1) An environmental impact statement for the purposes of these Regulations or of any enactment as amended or adapted by these Regulations shall contain —

(a) the information specified in paragraph 1 of the Second Schedule,

(b) the information specified in paragraph 2 of the Second Schedule to the extent that —

(i) such information is relevant to a given stage of the consent procedure and to the specific characteristics of the development or type of development concerned and of the environmental features likely to be affected, and

(ii) the person or persons preparing the environmental impact statement may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment, and

(c) a summary in non-technical language of the information required pursuant to paragraphs (a) and (b).". 7. The 1989 Regulations are hereby amended by the substitution for the Second Schedule thereto of the following Schedule :—

"INFORMATION TO BE CONTAINED IN AN ENVIRONMENTAL IMPACT STATEMENT

1. (a) A description of the proposed development, comprising information about the site and the design and size or scale of the development;

(b) The data necessary to identify and assess the main effects which that development is likely to have on the environment;

(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 —

human beings;

flora;

fauna;

soil;

water;

air;

climate;

the landscape;

the interaction between any of the foregoing;

material assets;

the cultural heritage;

(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, and, if possible, remedy those effects.

2. Further information, by way of explanation or amplification of the information referred to in paragraph 1, on the following matters —

(a) the physical characteristics of the proposed development, and the land use requirements during the construction and operational phases;

(b) the main characteristics of the production processes proposed, including the nature and quantity of the materials to be used;

(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;

(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;

(e) the likely significant direct and indirect effects (including secondary, cumulative, short, medium and long term, permanent, temporary, positive and negative effects) on the environment of the proposed development which may result from —

(i) the use of natural resources;

(ii) the emission of pollutants, the creation of nuisances, and the elimination of waste;

(f) the forecasting methods used to assess any effects on the environment about which information is given under subparagraph (e) ; and

(g) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling information in this Schedule.".

PART III AMENDMENT OF MISCELLANEOUS ENACTMENTS 8. The Foreshore Act, 1933 (No. 12 of 1933), is hereby amended by—

(a) the substitution for paragraphs (b) and (c) of subsection (4) of section 13A thereof, as inserted by article 13 of the 1989 Regulations, of the following paragraphs :—

"(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether —

(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and

(ii) the information collected in the course of such assessment should be made available to members of the public,

and he may, by order, apply such requirements regarding these matters in relation to the relevant application or the proposed relevant application as he considers necessary or appropriate.

(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such...