European Union (Environmental Impact Assessment and Habitats) Regulations 2011.

• Statutory Instrument No.: 473/2011
• Published date: 27 September 2011

TABLE OF CONTENTS

1. Citation and Commencement

2. Interpretation

3. Amendment of Section 2 of Act of 2000

4. Amendment of Section 5 of Act of 2000

5. Amendment of Section 34 of Act of 2000

6. Amendment of Section 172 of Act of 2000

7. Amendment of Section 177E of Act of 2000

8. Amendment of Section 177R of Act of 2000

9. Amendment of Section 177S of Act of 2000

10. Amendment of Section 177T of Act of 2000

11. Amendment of Section 177U of Act of 2000

12. Amendment of Section 177V of Act of 2000

13. Amendment of Section 177W of Act of 2000

14. Amendment of Section 177AA of Act of 2000

15. Amendment of Section 177AE of Act of 2000

16. Amendment of Section 261A of Act of 2000

17. Revocation, saver and transitional

S.I. No. 473 of 2011

EUROPEAN UNION (ENVIRONMENTAL IMPACT ASSESSMENT AND HABITATS) REGULATIONS 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th September, 2011.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Council Directive No. 85/337/EEC1 of 27 June 1985 and Council Directive 92/43/EEC2 of 21 May 1992 hereby make the following regulations:

Citation and Commencement

1. (a) These Regulations may be cited as the European Union (Environmental Impact Assessment and Habitats) Regulations 2011.

(b) These Regulations come into operation on 21st September 2011.

Interpretation

2. In these Regulations—

“Act of 2000” means the Planning and Development Act 2000 ;

“Act of 2010” means the Planning and Development (Amendment) Act 2010 ;

“Act of 2011” means the Environment (Miscellaneous Provisions) Act 2011 .

Amendment of Section 2 of Act of 2000

3. Section 2 of the Act of 2000 is amended in the definition of “strategic infrastructure development” (inserted by section 6 of the Planning and Development (Strategic Infrastructure) Act 2006 ) by the substitution of “(c) any proposed development referred to in section 181A(1) which has been identified as likely to have significant effects on the environment in accordance with regulations made under section 176” for “(c) any proposed development referred to in section 181A(1)”.

Amendment of Section 5 of Act of 2000

4. Section 5 of the Act of 2000 is amended by the insertion of the following subsection after subsection (7):

“(8)(a) The Minister for Arts, Heritage and the Gaeltacht may apply to the Board under this subsection, without charge, for a determination as to whether an activity requiring the consent of that Minister—

(i) pursuant to a notification under Regulation 14(2) of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ) or under regulations made under the European Communities Act 1972 for the purpose of giving further effect to the Birds Directive or the Habitats Directive by designating a site as a special area of conservation or as a special protection area, or

(ii) under section 19 of the Wildlife (Amendment) Act 2000 ,

comprises development which is not exempted development, and the Board shall make such determination as soon as may be and shall inform that Minister of its determination and the reasons for the determination.

(b) An application from the Minister for Arts, Heritage and the Gaeltacht under this subsection shall include the following:

(i) a copy of the application for consent;

(ii) any other relevant information submitted with the application for consent;

(iii) the reasons why that Minister considers that the activity may not be exempted development;

(iv) the opinion of that Minister as to whether an appropriate assessment is required, and the reasons for that opinion;

(v) the opinion of that Minister as to whether the development is likely to have significant effects on a European site or an area designated as a Natural Heritage Area under section 18 of the Wildlife (Amendment) Act 2000 and the reasons for that opinion, having regard to the purposes for which the site was designated.

(c) The Board may seek additional information from—

(i) the applicant for consent, or

(ii) the Minister for Arts, Heritage and the Gaeltacht,

and where this is not provided within the period specified, or any further period as may be specified by the Board, the Board shall not make a determination on the matter and the application of that Minister under this subsection shall be deemed to be withdrawn and the Board shall inform that Minister accordingly.

(d) In paragraph (a)(i) “special area of conservation” and “special protection area” have the same meaning as they have in section 177R.”.

Amendment of Section 34 of Act of 2000

5. Section 34 of the Act of 2000 is amended in subsection (8) by the insertion of the following paragraph after paragraph (c) (amended by section 23 of the Act of 2010):

“(ca) Where an environmental impact statement is submitted to a planning authority under section 172(1C), or where a Natura impact statement is submitted to a planning authority under section 177T (5), the planning authority shall make its decision on the application as follows—

(i) within 8 weeks commencing on the date on which the environmental impact statement or Natura impact statement, as the case may be, and a copy of the relevant public notice required in accordance with regulations under this Act, is received by the planning authority, or

(ii) where a planning authority, within 8 weeks of the receipt of an environmental impact statement submitted under section 172(1C) or a Natura impact statement under section 177T(5), serves notice in accordance with regulations under this Act requiring the applicant to give to the authority further information in relation to the environmental impact statement or Natura impact statement, as the case may be—

(I) within 4 weeks of the notice being complied with, or

(II) if in relation to further information given, the planning authority considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with regulations under this Act, and gives notice accordingly to the applicant, within 4 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority.”.

Amendment of Section 172 of Act of 2000

6. Section 172 (amended by section 54 of the Act of 2010) of the Act of 2000 is amended—

(a) in subsection (1) by the substitution of the following for “consent for proposed development, or a class of such proposed development, prescribed by regulations under section 176.”:

“consent for—

(a) development of a class specified in Schedule 5 to the Planning and Development Regulations 2001 which exceeds a quantity, area or other limit specified in that Schedule, and

(b) development of a class specified in Schedule 5 to the Planning and Development Regulations 2001 which does not exceed a quantity, area or other limit specified in that Schedule but which the planning authority or the Board determines would be likely to have significant effects on the environment.”,

(b) in subsection (1A)—

(i) in paragraph (a) by the substitution of “(III) development that may be carried out by a local authority under Part X or development that may be carried out under Part XI;” for “(III) development by a local authority or a state authority under Part XI;”, and

(ii) in paragraph (b) by the substitution of “(iv) consent to development that may be carried out by a local authority under Part X or development that may be carried out under Part XI;” for “(iv) consent to development by a local authority or a State authority under Part XI;”,

(c) in subsection (1B) by the substitution of “subsection (1)(a)” for “subsection (1)”, and

(d) by the substitution of the following subsection for subsection (1C);

“(1C) Where the planning authority or the Board receives an application for consent for proposed development referred to in paragraph (b) of subsection (1) in relation to which the authority or the Board has made a determination referred to in that paragraph, and the application is not accompanied by an environmental impact statement, the planning authority or Board, as the case may be, shall require the applicant to submit an environmental impact statement and where the environmental impact statement is not submitted within the period specified, or any further period as may be specified by the planning authority or the Board, the application for consent for the proposed development shall be deemed to be withdrawn.”.

Amendment of Section 177E of Act of 2000

7. Section 177E (inserted by section 57 of the Act of 2010) of the...