European Communities (Arterial Drainage) Regulations 2009

• Jurisdiction: Ireland
• Citation: IR SI 388/2009
• Year: 2009

S.I. No. 388 of 2009

EUROPEAN COMMUNITIES (ARTERIAL DRAINAGE) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th September, 2009.

I, BRIAN LENIHAN, Minister for Finance, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 29 of 1972) and for the purpose of giving effect to the Directive 2003/35/EC of the European Parliament and of the Council of the 26th May 2003 1 hereby make the following regulations:

Citation

1. These regulations may be cited as the European Communities (Arterial Drainage) Regulations 2009.

Commencement

2. (1) Where an application for consent for development to which these Regulations refer is made before the date of coming into operation of these Regulations, the provisions of the appropriate enactment, before they were amended by these Regulations, shall continue to apply to the said application.

(2) Where these Regulations provide for the amendment of an enactment, such enactment shall, notwithstanding any provision of the enactment as to commencement, have effect on and from the coming into operation of these Regulations.

Interpretation etc.

3. (1) In these Regulations “the Directive” means Directive 2003/35/EC of the European Parliament and of the Council of the 26th May 2003.

(2) In these Regulations reference to the Arterial Drainage Act of 1945 shall be a reference to the Arterial Drainage Act 1945 as amended by the Arterial Drainage (Amendment) Act 1995 and by the European Communities (Environmental Impact Assessment) Regulations 1989 ( S.I. No. 349 of 1989 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 ( S.I. No. 351 of 1998 ) and the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 ( S.I. No. 93 of 1999 ).

(3) A word or expression that is used in these Regulations and is also used in Directive 2003/35/EC of the European Parliament and of the Council of the 26th May 2003 has unless the contrary intention appears, the same meaning in these Regulations as it has in the said Directive.

Amendment of the Arterial Drainage Acts 1945 and 1995, and the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1999.

4. Section 4(2)(B) of the Arterial Drainage Act 1945 , as inserted by the European Communities (Environmental Impact Assessment) Regulations 1989 and amended by the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 and the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 is hereby amended by substituting for paragraph (b) thereof the following paragraph:

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

(i) the effects, if any, of the proposed drainage works 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 proposed drainage scheme as he considers necessary or appropriate. Such requirements shall include provisions to make available to the public the information obtained under any other form of assessment ordered by him”.

5. Section 5 of the Arterial Drainage Act 1945 as amended by the European...