European Communities (Environmental Impact Assessment) (Agriculture) Regulations, 2011

• Jurisdiction: Ireland
• Citation: IR SI 456/2011
• Year: 2011

PART 1

Preliminary and General

1. Citation.

2. Interpretation.

3. Application.

PART 2

Unauthorised Activities

4. Carrying out an activity without screening or consent.

5. Prohibition notice.

6. Reinstatement.

PART 3

Screening

7. Screening application.

8. Screening decision.

PART 4

Consent

9. Consent application.

10. EIS and Natura Impact Statement.

11. Notice to consultation body.

12. Public consultation.

13. Consent decision.

14. Notification of decision.

15. Review of decision.

PART 5

Activities affecting Member State

16. Activities affecting Member State.

17. Application of regulations to public of Member State.

PART 6

Administration

18. Authorised officers.

PART 7

Offences and Penalties

19. Offences and penalties.

20. Prosecution of offences.

21. Offence by body corporate.

PART 8

Miscellaneous

22. Costs in certain civil proceedings.

23. National Monuments Acts 1930 to 2004.

SCHEDULE 1

Part A

Thresholds for screening applications under Regulation 7

Part B

Thresholds for consent applications under Regulation 9

SCHEDULE 2

Criteria referred to in Regulation 8(1)

SCHEDULE 3

Information to be contained in an Environmental Impact Statement

S.I. No. 456 of 2011

EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (AGRICULTURE) REGULATIONS 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th September, 2011.

I, SIMON COVENEY, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 85/337/EEC of 27 June 19851 (as amended by Council Directive 97/11/EC of 3 March 19972 and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 20033 ), insofar as it applies to development consent in respect of certain proposed on-farm activities, hereby make the following Regulations:

PART 1

Preliminary and General

Citation

1. These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Agriculture) Regulations 2011.

Interpretation

2. (1) In these Regulations—

“activity” means—

(a) restructuring of rural land holdings,

(b) commencing to use uncultivated land or semi-natural areas for intensive agriculture, or

(c) land drainage works on lands used for agriculture;

“applicant” means a person applying for screening under Regulation 7 or consent under Regulation 9;

“authorised officer” means a person appointed under Regulation 18;

“Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20094 ;

“consent” means the consent of the Minister with or without conditions made under Regulation 13;

“consultation body” means any of the following:

(a) a Minister of the Government;

(b) the Environmental Protection Agency;

(c) the National Parks and Wildlife Service of the Department of Arts, Heritage and the Gaeltacht;

(d) Inland Fisheries Ireland;

(e) the relevant local authority (as defined under section 2 of the Local Government Act 2001 (No. 37 of 2001));

(f) An Taisce — The National Trust of Ireland;

“EIA Directive” means Council Directive 85/337/EEC of 27 June 1985, as amended by—

(a) Council Directive 97/11/EC of 3 March 1997,

(b) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003, and

(c) Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009;

“EIS” means an environmental impact statement;

“European site” means—

(a) a candidate site of Community importance,

(b) a site of Community importance,

(c) a candidate special area of conservation,

(d) a special area of conservation,

(e) a candidate special protection area, or

(f) a special protection area

in the context of the Birds Directive or the Habitats Directive;

“Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992;

“Minister” means Minister for Agriculture, Fisheries and Food;

“monument” means historic monuments or archaeological areas (within the meaning of section 1 (1) of the National Monuments (Amendment) Act 1987 (No. 17 of 1987)) recorded on the Register of Historic Monuments or a monument recorded under section 12 (1) of the National Monuments (Amendment) Act 1994 (No. 17 of 1994) or a national monument in the ownership or guardianship of the Minister for Arts, Heritage and the Gaeltacht or a local authority under the National Monuments Acts 1930 to 2004;

“Natura Impact Statement” has the same meaning as in section 177T(1)(b) of the Planning and Development Act 2000 (No. 30 of 2000) as amended by section 57 of the Planning and Development (Amendment) Act 2010 (No. 30 of 2010);

“nature area” means lands—

(a) subject to an order under section 15 (2) of the Wildlife Act 1976 (No. 39 of 1976) as amended by section 26 of the Wildlife (Amendment) Act 2000 ,

(b) subject to an order under section 16 (1) of the Wildlife Act 1976 as amended by section 27 of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

(c) subject to an order under section 17 (9) of the Wildlife Act 1976 as amended by section 28 of the Wildlife (Amendment) Act 2000 ,

(d) subject to a notice under section 16 (2) of the Wildlife (Amendment) Act 2000 ,

(e) including a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan (within the meaning of the Planning and Development Acts 2000 to 2010), draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, and

(f) including a place or site which has been included by the Minister for Arts, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website;

“NHA” means lands subject to a natural heritage area order under section 18 of the Wildlife (Amendment) Act 2000 (No. 38 of 2000);

“publish” means publishing on the internet website of the Minister or in such other manner as the Minister may direct;

“screening decision” means a decision taken under Regulation 8(1).

(2) A word or expression that is used in these Regulations and is also used in the EIA Directive has, in these Regulations, the same meaning as in that Directive.

Application

3. (1) These Regulations apply to the following—

(a) restructuring of rural land holdings,

(b) commencing to use uncultivated land or semi-natural areas for intensive agriculture, or

(c) land drainage works on lands used for agriculture.

(2) These Regulations apply to activities under paragraph (1) where—

(a) the area of land exceeds the thresholds set out in Part A of Schedule 1,

(b) the activity is likely to have a significant effect on the environment,

(c) the activity is likely to have a significant effect on a European site,

(d) the activity is likely to impact adversely on an NHA or a nature area, or

(e) the activity is likely to damage a monument.

(3) Notwithstanding paragraphs (1) or (2), these Regulations do not apply to any activities that are—

(a) the subject of the Planning and Development (Amendment) (No. 2) Regulations 2011,

(b) regulated under the Arterial Drainage Acts 1945 to 1995 as amended by the European Communities (Arterial Drainage) Regulations 2009 ( S.I. No. 388 of 2009 ), or

(c) in an area that is subject to an Order under section 202 of the Planning and Development Act 2000 (No. 30 of 2000).

(4) The Minister may issue guidance on any aspect of the implementation of these Regulations and a person carrying out an activity shall have regard to any such guidance.

PART 2

Unauthorised Activities

Carrying out an activity without screening or consent

4. A person shall not carry out an activity or cause or permit another person to carry out an activity, other than in accordance with a screening decision or a consent.

Prohibition notice

5. The Minister may serve a notice prohibiting all or part of the work with immediate effect, where the Minister believes that person has or is likely—

(a) to commence an activity in contravention of Regulation 4, or

(b) to fail to satisfy a condition of a consent under Regulation 13.

Reinstatement

6. (1) The Minister may serve a notice directing that the land be reinstated to its original state or such mitigating works as the Minister considers necessary be undertaken with immediate effect where a person has—

(a) commenced an activity in contravention of Regulation 4, or

(b) failed to comply with a condition of a consent under Regulation 13.

(2) The Minister shall not be liable for any costs incurred in compliance with a notice under paragraph (1).

PART 3

Screening

Screening application

7. (1) Subject to Regulation 9, a person, who wishes to undertake an activity shall submit an application to the Minister for a screening decision, irrespective of the location of such activity where—

(a) the area of land or length of field boundary involved exceeds the thresholds set out in Part A of Schedule 1,

(b) the activity may have a significant effect on the environment,

(c) the activity may have significant effect on a European site,

(d) the activity may impact adversely on an NHA or a nature area, or

(e) the activity may damage a monument.

(2) An application under paragraph (1) shall contain—

(a) the name and address of the applicant,

(b) the location of the land, Land Parcel Identification System (LPIS) Number assigned by the Minister, townland and county to which the application relates,

(c) the nature and extent of the proposed activity including the anticipated outcomes of the activity,

(d) the name and address of the person who will perform the activity, and

(e) any such other...