European Communities (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations, 2011

• Jurisdiction: Ireland
• Citation: IR SI 200/2011
• Year: 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th May, 2011.

I, PHILIP 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), for the purposes of giving further effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (No. 2001/42/EC, O.J. No. L 197, 21 July 2001 P. 0030-0037), hereby make the following Regulations:

Citation.

1. (1) These Regulations may be cited as the European Communities (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2011.

(2) These Regulations and the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 shall be construed as one and may be collectively cited as the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 to 2011.

Interpretation.

2. In these Regulations, except where the context otherwise requires, “the Regulations” means the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 ( S.I. No. 435 of 2004 ).

Amendment of the 2004 Regulations

3. The Regulations are amended—

(a) in Article 9 by substituting the following for Article 9(1)(a):

“(a) which are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism and town and country planning or land use, and which set the framework for future development consent of projects listed in Annexes I and II to the Environmental Impact Assessment Directive, or ”

(b) in Article 9 by substituting the following for Article 9(5)(c) the following:

“(c) where it appears to the competent authority that the plan or programme, or modification to a plan or programme, might have significant effects on fisheries or the marine environment, the Minister for Agriculture, Marine and Food, and the Minister for Communications, Energy and Natural Resources”

(c) in Article 9 by substituting the following for Article 9(7)(a):

“(a) make a copy of its decision, including, as appropriate, the reasons for not requiring an environmental assessment, available for public inspection at the offices of the competent authority during office hours and on the website...