Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 190/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th May, 2020.

I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 6, 85(4), and 89 (inserted by section 15 of the Protection of the Environment Act 2003 (No. 27 of 2003)) of the Environmental Protection Agency Act 1992 (No. 7 of 1992) and the Climate Action and Environment (Transfer of Departmental Administration and Ministerial Functions) Order 2016 ( S.I. No. 393 of 2016 ), and for the purpose of giving further effect to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20111 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 , hereby make the following regulations:

1. These Regulations may be cited as the Environmental Protection Agency (Industrial Emissions) (Licensing) (Amendment) Regulations 2020.

2. In these Regulations -

“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“Principal Regulations” means the Environmental Protection Agency (Industrial Emissions) (Licensing) Regulations 2013 (S.I. 137 of 2013).

3. The Principal Regulations are amended –

(a) by the substitution of “environmental impact assessment report” for “environmental impact statement” in each place that it occurs, and

(b) by the substitution of “environmental impact assessment reports” for “environmental impact statements” in each place that it occurs.

4. Regulation 2 of the Principal Regulations is amended-

(a) by the insertion of the following definition after the definition of “application for permission”:

“EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20113 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20144 ;

and

(b) by the deletion of the definition of “Planning and Development Regulations”.

5. Regulation 4 of the Principal Regulations is amended by the insertion of the following paragraph after paragraph (1):

“(2) Where an application is required to be accompanied by an environmental impact assessment report the Agency shall -

(a) publish a copy of the notification provided in accordance with Regulation 5 on its website,

(b) without prejudice to Regulation 18, make the information referred to in Regulation 5(d)(ii) available on its website, at the latest as soon as practicable after -

(i) sending a notification under Regulation 11(1), or,

(ii) in the case of additional or supplementary information requested under paragraph (e), or required under paragraph (f)(ii)(II), of section 83(2A) of the Act of 1992, receiving such information,

(c) specify on its website, by reference to the date on which information is made available under paragraph (b), a period, which shall be not less than 30 days, within which submissions may be made to it in writing in relation to the likely effects on the environment of the proposed activity, and

(d) publish a notification on its website, where it is the case, that it appears to the Agency that the activity the subject of the application would, or is likely to, have significant effects on the environment in another Member State of the European Union.”.

6. Regulation 5(d) of the Principal Regulations is amended -

(a) in subparagraph (i), by the substitution of “such a report” for “such a statement”,

(b) by the substitution of the following subparagraph for subparagraph (ii):

“(ii) state that -

(I) the environmental impact assessment report submitted to the Agency in accordance with section 83(2A)(d) of the Act of 1992,

(II) any information provided to the Agency under paragraph (e) or (f)(ii)(II) of section 83(2A) of the Act of 1992,

(III) any opinion issued by the Agency under section 83(2A)(de) of the Act of 1992 on the scope of the environmental impact assessment report, and

(IV) any further information, including reports and advice, relating to the environmental impact assessment as may be furnished to the Agency in the course of the Agency’s consideration of the application,

shall each be made available on the Agency’s website and at the headquarters of the Agency,”,

(c) by the insertion of the following subparagraphs after subparagraph (iii):

“(iv) state that submissions may be made in writing to the Agency in relation to the likely effects on the environment of the proposed activity within the period specified by the Agency on its website under Regulation 4(2)(c), and

(v) state that, in accordance with section 87(2) of the Act of 1992, a proposed determination shall be published by the Agency on its website,”.

7. Regulation 6(3)(d) of the Principal Regulations is amended -

(a) in clause (i), by the substitution of “such a report” for “such a statement”,

(b) by the substitution of the following clause for clause (ii):

“(ii) state that -

(I) the environmental impact assessment report submitted to the Agency in accordance with section 83(2A)(d) of the Act of 1992,

(II) any information provided to the Agency under paragraph (e) or (f)(ii)(II) of section 83(2A) of the Act of 1992,

(III) any opinion issued by the Agency under section 83(2A)(de) of the Act of 1992 on the scope of the environmental impact assessment report, and

(IV) any further information, including reports and advice, relating to the environmental impact assessment as may be furnished to the Agency in the course of the Agency’s consideration of the application,

shall each be made available on the Agency’s website and at the headquarters of the Agency,”,

(c) in subparagraph (iii), by the deletion of “and”, and

(d) by the insertion of the following subparagraphs after subparagraph (iii):

“(iv) state that submissions may be made in writing to the Agency in relation to the likely effects on the environment of the proposed activity within the period specified...