European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2000

• Jurisdiction: Ireland
• Citation: IR SI 450/2000
• Year: 2000

The Minister for the Environment 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 purpose of giving effect to the Council Directive of 27 June 1985 (No. 85/337/EEC, OJ No. L175/40, 5 July 1985) as amended by the Council Directive of 3 March, 1997 (No. 97/11/EC, O.J. No. L73/5, 14 March, 1997), hereby makes the following Regulations:—
	Citation.	1. (1) These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2000.
(2) These Regulations and the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1999 shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 2000.
	Commencement.	2. (1) These Regulations shall come into operation on 1 January, 2001.
(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.	3. (1) In these Regulations:—
“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);
“the Act of 1963” means the Local Government (Planning and Development) Act, 1993 (No. 12 of 1993);
“the Act of 2000” means the Planning and Development Act, 2000 (No. 30 of 2000);
“the 1989 Regulations” means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 );
“the 1994 Regulations” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 ( S.I. No. 84 of 1994 );
“the 1998 Regulations” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 );
“the 1999 Regulations” means the European Communities (Environmental Impact Assessment) Regulations, 1999 ( S.I. No. 93 of 1999 ).
(2) In these Regulations, save where the context otherwise requires, a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment, including these Regulations.
	Amendment of section 78 of Act of 1963.	4. Section 78 of the Act of 1963 is hereby amended by the substitution for subsection (2) (inserted by article 10 of the 1989 Regulations, as amended by article 8 of the 1994 Regulations and article 5 of the 1999 Regulations), subsection (3) (inserted by article 10 of the 1989 Regulations, as amended by article 5 of the 1998 Regulations and article 5 of the 1999 Regulations) and subsection (4) (as inserted by article 5 of the 1999 Regulations) of the following subsections:—
“(2) For the purposes of the Council Directive, regulations made in relation to any specified cases or classes of cases of development proposed to be carried out by or on behalf of local authorities who are planning authorities may—
(a) require the authority to prepare an environmental impact statement in respect of specified proposed development,
(b) empower the Board to require the authority to prepare an environmental impact statement in respect of other proposed development,
(c) require the authority to have, in respect of proposed development for which an environmental impact statement is required to be prepared, the certification of the Board that the proposed development (or the proposed development as varied or modified by it) will not, in its opinion, have significant adverse effects on the environment, or will embody the best practicable means to prevent or limit such effects,
(d) require the Board, before certifying proposed development, to have regard to—
(i) an environmental impact statement prepared in respect of that development,
(ii) any submissions or observations made to it in accordance with regulations under this subsection,
(iii) the report and any recommendations of the person conducting an oral hearing, if any, in accordance with regulations under this...