European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999

• Jurisdiction: Ireland
• Year: 1999
• Citation: IR SI 93/1999

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 3 March, 1997 (No. 97/11/EC, O.J. No. L73/5, 14 March, 1997), hereby makes the following regulations—

PART I Preliminary and General

1. (1) These regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999.

(2) These regulations, the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 ( S.I. No. 84 of 1994 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1996 ( S.I. No. 101 of 1996 ), and the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 ), shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1999.

2. (1) These regulations shall come into operation on the 1st day of May, 1999.

(2) Notwithstanding sub-article (1), where an application for consent for development to which these regulations refer is made before the date of coming into operation of these regulations, the provisions of the appropriate enactment, before they were amended by these regulations, shall continue to apply to the said application.

(3) 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.

(4) In this article, “application for consent for development” means—

(a) an application for planning permission or certification of development to be carried out by or on behalf of a local authority under the Planning Acts, 1963 to 1998;

(b) an appeal to An Bord Pleanála under the Planning Acts, 1963 to 1998;

(c) a relevant application under the Foreshore Act, 1933 ;

(d) a drainage scheme submitted to the Minister for Finance under the Arterial Drainage Acts, 1945 and 1995;

(e) an application for a harbour works order under the Harbours Act. 1946;

(f) a plan for working of petroleum submitted to the Minister for the Marine and Natural Resources under the Petroleum and Other Minerals Development Act, 1960 ;

(g) an application or a notice to the Minister for Public Enterprise relating to the construction of a pipeline under the Gas Act, 1976 ;

(h) an application for approval of a proposed road development under the Roads Acts, 1993 and 1998;

(i) an application for a light railway order under the Transport (Dublin Light Rail) Act, 1996 ;

(j) a planning scheme submitted to the Minister for the Environment and Local Government under the Dublin Docklands Development Authority Act, 1997 .

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 1992” means the Local Government (Planning and Development) Act, 1992 (No. 14 of 1992);

“the Birds Directive” means Council Directive No. 79/409/EEC of 2 April, 1979, on the conservation of wild birds (O.J. No. L 103, 25 April, 1979);

“built-up area” means an existing city or town or an adjoining developed area;

“the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998” has the meaning assigned to it in the 1998 Regulations;

“the Habitats Directive” means Council Directive 92/43/EEC of 21 May, 1992, on the conservation of natural habitats and of wild fauna and flora (O.J. No. L 206, 22 July, 1992);

“the Planning Acts, 1963 to 1998” has the meaning assigned to it in the Local Government (Planning and Development) Act, 1998 (No. 9 of 1998);

“special area of conservation” has the meaning assigned to it in Regulation 2 of the European Communities (Natural Habitats) Regulations. 1997 ( S.I. No. 94 of 1997 );

“the 1989 Regulations” means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ).

“the 1998 Regulations” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 ).

(2) In these regulations save where the context otherwise requires—

(a) any reference to a Part or a Schedule which is not otherwise identified is a reference to a Part of or Schedule to these regulations,

(b) 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.

PART II Amendment of the Planning Acts, 1963 to 1998, and the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998.

4. Section 25 of the Act of 1963 is hereby amended by—

(a) the addition after sub-paragraph (vii) of paragraph (cc) of subsection (2) thereof, as inserted by article 7 of the 1989 Regulations, of the following subparagraph—

“(viii) matters of procedure in relation to the making of a request for and the giving of a written opinion pursuant to subsection (6) of this section,”;

(b) the substitution for paragraph (a) of subsection (3) thereof, as inserted by article 7 of the 1989 Regulations, of the following paragraph—

“(a) At the request of an applicant or of a person intending to apply for permission, the Minister may, subject to paragraph (e) of this subsection, by order, having afforded the planning authority concerned an opportunity to furnish observations on the request, and where he is satisfied that exceptional circumstances so warrant, grant in respect of proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact statement.”;

(c) the addition after paragraph (d) of subsection (3) thereof, as amended by article 3 of the 1998 Regulations, of the following paragraph—

“(e) An exemption shall not be granted under paragraph (a) of this subsection in respect of proposed development if another Member State of the European Communities, having been informed about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;

(d) the addition after subsection (5) thereof, as inserted by article 3 of the 1998 Regulations, of the following subsection—

“(6) (a) If an applicant or a person intending to apply for permission, before submitting an environmental impact statement in accordance with a requirement of or under regulations under this section, so requests, the relevant planning authority shall give a written opinion on the information to be contained in such statement.

(b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the planning authority concerned of its powers pursuant to the Planning Acts, 1963 to 1998, or any regulations made thereunder, to require the person who made the request to submit further information relative to the application concerned.”.

5. Section 78 of the Act of 1963 is hereby amended by—

(a) the addition after paragraph (1) of subsection (2) thereof, as inserted by article 10 of the 1989 Regulations, of the following paragraph—

“(m) provide for matters of procedure in relation to the making of a request for and the giving of a written opinion pursuant to subsection (4) of this section.”;

(b) the substitution for paragraph (a) of subsection (3) thereof, as inserted by article 10 of the 1989 Regulations, of the following paragraph—

“(a) The Minister may, subject to paragraph (d) of this subsection, by order, where he is satisfied that exceptional circumstances so warrant, grant an exemption in respect of proposed development from a requirement of regulations under subsection (2) of this section to prepare an environmental impact statement.”;

(c) the addition after paragraph (c) of subsection (3) thereof, as amended by article 5 of the 1998 Regulations, of the following paragraph—

“(d) An exemption shall not be granted under paragraph (a) of this subsection in respect of proposed development if another Member State of the European Communities, having been informed about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects.”;

(d) the addition after subsection (3) thereof, as inserted by article 10 of the 1989 Regulations, of the following subsection—

“(4) (a) If a local authority, before preparing an environmental impact statement in accordance with regulations made under subsection (2) of this section, so requests, the Minister shall give a written opinion on the information to be contained in such statement.

(b) The giving of a written opinion in accordance with paragraph (a) of this subsection shall not prejudice the exercise by the Minister of his powers pursuant to the Planning Acts, 1963 to 1998, or any regulations made thereunder, to require the local authority which made the request to furnish further information in relation to the application for certification of the proposed development concerned.”.

6. The Act of 1992 is hereby amended by the insertion, after section 7 thereof, of the following section—

“7A. (1) If an applicant, before submitting an environmental impact statement to the Board in accordance with a requirement of or under regulations under this Act, so requests, the Board shall give a written opinion on the information to be contained in such statement.

(2) The giving of a written opinion in accordance with paragraph (a) of this section shall not prejudice the exercise by the Board of its powers pursuant to this Act or any regulations made thereunder, to require the applicant to...