European Communities (Dublin Docklands Development Authority Act 1997)(Amendment) Regulations, 2007

• Jurisdiction: Ireland

S.I. No. 865 of 2007

EUROPEAN COMMUNITIES (DUBLIN DOCKLANDS DEVELOPMENT AUTHORITY ACT 1997)(AMENDMENT) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th January, 2008.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972) as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving effect to certain provisions of Directive 2003/35/EC of the European Parliament and the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (No. 2003/35/EC, O.J. No. L156/17 — L156/24, 25 June 2003), hereby makes the following Regulations:

Citation.

1. These Regulations may be cited as the European Communities (Dublin Docklands Development Authority Act 1997) (Amendment) Regulations 2007.

Interpretation.

2. In these Regulations, “the Act” means the Dublin Docklands Development Authority Act 1997 as amended by the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 ( S.I. No. 351 of 1998 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 ( S.I. No. 93 of 1999 and the Housing (Miscellaneous Provisions) Act 2002 (No. 9 of 2002);

“the Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000) (as amended by the Planning and Development (Strategic Infrastructure) Act 2006 (No. 27 of 2006));

“the Minister” means the Minister for the Environment, Heritage and Local Government.

Amendment of section 25 of the Act.

3. (1) The following subsection is inserted after subsection 25(3) of the Act:

“(3A) For the purposes of subsection 3(e), the Authority shall—

(a) publish in one or more newspapers circulating in the Dublin Docklands Area, and on its website, a notice stating—

(i) that a planning scheme is being prepared and will be considered for submission to the Minister for approval,

(ii) whether development proposed in the draft planning scheme is subject to an environmental impact assessment pursuant to section 26(1),

(iii) the title and nature of any reports relied upon by the Authority for the purposes of preparing the draft planning scheme,

(iv) the times at which, the period (which shall be not less than one month) during which, and the place where a copy of the draft planning scheme, any relevant report, and any relevant environmental impact statement prepared pursuant to section 26(1), may be inspected,

(v) that the draft planning scheme and any relevant environmental impact statement prepared pursuant to section 26(1), is accessible on the Authority’s website (the address of which shall be specified),

(vi) where a copy of the draft planning scheme, any relevant report and any relevant environmental impact statement prepared pursuant to section 26(1), or extracts therefrom, may be obtained and specifying the fee (if any) fixed by the Authority (which shall not be more than the reasonable cost of making the copy or copies concerned),

(vii) that submissions, comments or questions may be made in writing to the Authority in relation to the draft planning scheme before a specified date (which shall be not less than one month after the end of the period for inspection),

(viii) where copies of any submissions or comments may be obtained and specifying the fee (if any) fixed by the Authority (which shall not be more than the reasonable cost of making the copy or copies concerned),

(ix) that any submissions or comments received and not withdrawn will be considered by the Authority and that the draft planning scheme may be amended or modified to take account of such submissions before it is submitted to the Minister for approval,

(x) that the Minister may approve the ensuing planning scheme with or without modifications,

(b) make a copy of the draft planning scheme, any relevant report and any relevant environmental impact statement prepared pursuant to section 26(1), or extracts therefrom, and any other information which is relevant to the decision (including any submissions, comments or questions received by the Authority) available for inspection or for purchase by members of the public on the terms specified in the notice published in accordance with paragraph (a).

(2) Subsection 25(6) is amended by the addition after “State” of the following:

“and the Minister shall, upon request by any person, make available a copy of the planning scheme as approved under this section and provide information on any modifications made to the planning scheme, the reasons and considerations on which the approval was based, including information about the preceding public consultation process, and a description where necessary of the main measures provided for in the planning scheme to avoid, reduce or offset major adverse effects, if any, on the environment”.

Amendment of section 26 of the Act.

4. (1) Subsection 26(3) of the Act of 1997 is repealed.

(2) The following subsection is substituted for section 26(4) of the Act:

“(4) The Authority before submitting a planning scheme for approval of the Minister pursuant to section 25(4) shall have regard to any...