European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations, 2004

• Jurisdiction: Ireland
• Year: 2004
• Citation: IR SI 435/2004

Table of Contents
1. Citation 2. Interpretation 3. Exclusions 4. Amendment of section 10 of the Planning and Development Act 2000 5. Amendment of section 13 of the Planning and Development Act 2000 6. Amendment of section 19 of the Planning and Development Act 2000 7. Amendment of section 23 of the Planning and Development Act 2000 8. Amendment of section 168 of the Planning and Development Act 2000 9. Requirement to carry out environmental assessment 10. Timing of environmental report 11. Scoping of environmental report 12. Content and format of environmental report 13. Consultations 14. Transboundary environmental effects 15. Decision-making 16. Information on decision 17. Monitoring
Schedule 1
Criteria for determining whether a plan or programme (or modification thereto) is likely to have significant effects on the environment
Schedule 2
Information to be contained in an environmental report
S.I. No. 435 of 2004.
EUROPEAN COMMUNITIES (ENVIRONMENTAL ASSESSMENT OF CERTAIN PLANS AND PROGRAMMES) REGULATIONS 2004.
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), and for the purposes of giving 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 makes the following Regulations:
	Citation.	1. These Regulations may be cited as the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004.
	Interpretation.	2. (1) In these Regulations, any reference to a Schedule or article, which is not otherwise identified, is a reference to a Schedule or article of these Regulations.
(2) In these Regulations, any reference to a sub-article, paragraph or sub-paragraph, which is not otherwise identified, is a reference to the sub-article, pargraph or sub-paragraph of the provision in which the reference occurs.
(3) In these Regulations, except where the context otherwise requires—
“the Birds Directive” means Council Directive 79/409/EEC of 2 April 1979 (O.J. No. L103/1, 25 April 1979) on the conservation of wildbirds;
“the Commission” means the Commission of the European Communities;
“competent authority” means the authority which is, or the authorities which are jointly, responsible for the preparation of a plan or programme, or modification to a plan or programme;
“environmental assessment” means the preparation of an environmental report, the carrying out of consultations, the taking into account of the environmental report and the results of the consultations in decision-making and the provision of information on the decision in accordance with these Regulations;
“the Environmental Impact Assessment Directive” means Council Directive 85/337/EEC of 27 June 1985 (O.J. No. L175/40, 5 July 1985) on the assessment of the effects of certain public and private projects on the environment, as amended;
“European site” means—
(a) a site
(i) notified for the purposes of Regulation 4 of the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 ), subject to any amendments made to it by virtue of Regulation 5 of those Regulations, or
(ii) transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, or
(iii) added by virtue of Regulation 6 of the said Regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations,
but only until the adoption in respect of the site of a decision by the Commission under Article 21 of the Habitats Directive for the purposes of the third paragraph of Article 4(2) of that Directive,
(b) a site adopted by the Commission as a site of Community importance for the purposes of Article 4(2) of the Habitats Directive in accordance with the procedure laid down in Article 21 of that Directive,
(c) a special area of conservation within the meaning of the European Communities (Natural Habitats) Regulations, 1997,
(d) an area classified pursuant to paragraph (1) or (2) of Article 4 of the Birds Directive;
“the Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992 (O.J. No. L206/7, 22 July 1992) on the conservation of natural habitats and of wild fauna and flora;
“Member State” means any State, other than Ireland, which is a Member State of the European Communities;
“plans and programmes” means plans and programmes, as well as any modifications to them
(a) which are subject to preparation and/or adoption by an authority at national, regional or local level or which are prepared by an authority for adoption, through a legislative procedure by Parliament or Government, and
(b) which are required by legislative, regulatory or administrative provisions;
“the SEA Directive” means Directive 2001/42/EC of the European Parliament and Council of 27 June 2001 (O.J. No. L 197, 21 July 2001) on the assessment of the effects of certain plans and programmes on the environment.
	Exclusions.	3. (1) The provisions of these Regulations shall not apply to:
(a) plans or programmes the sole purpose of which is to serve national defence or civil emergency, or
(b) financial or budget plans and programmes, or
(c) plans or programmes co-financed under the programming periods for Council Regulation (EC) No. 1260/1999 and Council Regulation (EC) No. 1257/1999.
(2) The provisions of articles 9 to 17 shall not apply to:
(a) the making of a development plan pursuant to sections 9 to 12 of the Planning and Development Act 2000 , or
(b) the making of a variation of a development plan pursuant to section 13 of the Planning and Development Act 2000 , or
(c) the making or amending of a local area plan pursuant to sections 18 to 20 of the Planning and Development Act 2000 , or
(d) the making of regional planning guidelines pursuant to sections 21 to 26 of the Planning and Development Act 2000 , or
(e) the making of a planning scheme pursuant to sections 168 and 169 of the Planning and Development Act 2000 .
	Amendment of section 10 of the Planning and Development Act 2000 .	4. Section 10 of the Planning and Development Act 2000 is hereby amended by the substitution for subsection (5) of the following subsection—
“(5) The Minister may, for the purposes of giving 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), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a development plan.”
	Amendment of section 13 of the Planning and Development Act 2000.	5. Section 13 of the Planning and Development Act 2000 is hereby amended by the addition after subsection (11) of the following subsection—
“(12) The Minister may, for the purposes of giving 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), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a variation of a development plan.”
	Amendment of section 19 of the Planning and Development Act 2000.	6. Section 19 of the Planning and Development Act 2000 is hereby amended by the substitution for subsection (4) of the following subsection—
“(4) The Minister may, for the purposes of giving 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), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a local area plan.”
	Amendment of section 23 of the Planning and Development Act 2000.	7. Section 23 of the Planning and Development Act 2000 is hereby amended by the substitution for subsection (3) of the following subsection—
“(3) The Minister may, for the purposes of giving 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), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing regional planning guidelines.”
	Amendment of section 168 of the Planning and Development Act 2000.	8. Section 168 of the Planning and Development Act 2000 is hereby amended by the substitution for subsection (3) of the following subsection—
“(3) The Minister may, for the purposes of giving 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), by regulations make provision in relation to consideration of the likely significant effects on the environment of implementing a planning scheme.”
	Requirement to carry out environmental assessment.	9. (1) Subject to sub-article (2), an environmental assessment shall be carried out for all plans and programmes
(a) which are prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications and tourism, and which set the...