Aquaculture Appeals (Environmental Impact Assessment) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 468/2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th November, 2012.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 60 of the Fisheries (Amendment) Act 1997 (No. 23 of 1997) and the Sea Fisheries, Foreshore and Dumping at Sea (Transfer of Department Administration and Ministerial Functions) Order 2007 ( S.I. No. 707 of 2007 ) (as adapted by the Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 455 of 2011 )) and for the purpose of giving effect to Council Directive No. 2011/92/EU of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment hereby make the following regulations:

Citation.

1. These Regulations may be cited as the Aquaculture Appeals (Environmental Impact Assessment) Regulations 2012.

Interpretation.

2. (1) In these Regulations

“Application Regulations” means the Aquaculture (Licence Application) Regulations 1998 ( S.I. No. 236 of 1998 ) as amended by the Aquaculture (Licence Application) (Amendment) Regulations 2010 ( S.I. No. 280 of 2010 ), Aquaculture (Licence Application) (Amendment) (No. 2) Regulations 2010 ( S.I. No. 369 of 2010 ) and Aquaculture (Licence Application) (Amendment) Regulations 2012 ( S.I. No 301 of 2012 );

“Council Directive” means the Council Directive No. 2011/92/EU of 13 December 2011;

“environmental impact assessment” means an assessment, to include an examination, analysis and evaluation, carried out by the Board that shall identify, describe and assess in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of the Council Directive on the assessment of the effects of certain public and private projects on the environment, the direct and indirect effects of a proposed development on the following-

(a) human beings, flora and fauna,

(b) soil, water, air, climate and the landscape,

(c) material assets and the cultural heritage, and

(d) the interaction between the factors mentioned in paragraphs (a), (b) and (c);

“environmental impact statement” means a statement of the environmental impacts which the proposed aquaculture will have or is likely to have on the environment and shall include the information specified in Annex IV of the Council Directive.

(2) A word or expression that is used in these Regulations and that is also used in the Council Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Directive.

3. (1) The Board shall, as part of its consideration of an appeal, in accordance with paragraph (2), ensure that before a decision is made aquaculture likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location is subject to an environmental impact assessment.

(2) An environmental impact assessment shall be carried out by the Board in respect of an appeal of-

(a) aquaculture...