European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2001

• Jurisdiction: Ireland
• Citation: IR SI 538/2001

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, O.J. No. L175/40, 5 July 1985), as amended by 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
	Citation.	1. (1) These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2001.
(2) These Regulations and the European Communities (Environmental Impact Assessment) Regulations, 1989 to 2000 shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 2001.
	Commencement.	2. (1) These Regulations shall come into operation on 10 December 2001.
(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) a relevant application under the Wildlife (Amendment) Act, 2000 (No. 38 of 2000);
(b) a relevant application under the European Communities (Natural Habitats) Regulations, 1997 ( S.I. No. 94 of 1997 );
(c) an application for planning permission under the Local Government (Planning and Development) Acts, 1963 to 1999.
	Interpretation.	3. (1) In these Regulations:-
“the European Communities (Environmental Impact Assessment) Regulations, 1989 to 2000” has the meaning assigned to it in the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2000 ( S.I. No. 450 of 2000 );
“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 );
“the 1999 Regulations” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999 ( S.I. No. 93 of 1999 ).
(2) In these Regulations, save where the context otherwise requires :-
(a) any reference to a Part, Chapter or article which is not otherwise identified is a reference to a Part, Chapter or article of 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 2 Amendment of the European Communities (Environmental Impact Assessment) Regulations, 1989 to 2000.
	Amendment of Part II of First Schedule to 1989 Regulations.	4. Part II of the First Schedule to the 1989 Regulations (as substituted by the 1999 Regulations) is hereby amended -
(a) by the substitution for sub-paragraph (d) (i) of paragraph 1 of the following sub-paragraph: -
“(d)(i) Initial afforestation which would involve an area of 50 hectares or more.”,
and
(b) by the substitution for sub-paragraph (a) of paragraph 2 of the following sub-paragraph: -
“(a) Peat extraction not included in Part I of this Schedule which would involve a new or extended area of 30 hectares or more.”.
PART 3 Amendment of Wildlife (Amendment) Act, 2000.
	Amendment of Wildlife (Amendment) Act, 2000.	5. The Wildlife (Amendment) Act, 2000 is hereby amended by the insertion after section 19 of the following sections:—
“Environmental impact assessment of certain proposals relating to peat extraction.
19A.—(1) Where notice is given to the Minister under section 19 (1) (a) (i) or an application is made to the Minister under section 19 (1) (a) (ii) for permission to carry out works and the following circumstances apply:
(a) the Minister has not refused consent, and
(b) the works would be of a class of development for the time being specified under paragraph 2(a) of Part II of the First Schedule to the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999 ( S.I. No. 93 of 1999 )), or under any provision amending or replacing that provision, but for not exceeding the area for the time being specified in relation to that class, and
(c) the Minister considers, having regard to the criteria specified for the purposes of article 27 of the European Communities (Environmental Impact Assessment) Regulations, 1989 (as inserted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999), or under any provision amending or replacing the said article 27, that the said works would be likely to have significant effects on the environment,
the Minister shall inform the owner, occupier or user, as the case may be, in writing that they are required to submit an environmental impact statement in respect of such works.
(2) An environmental impact statement shall contain the information for the time being specified under article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989 (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998 ( S.I. No. 351 of 1998 )), or under any provision amending or replacing the said article 25.
(3) (a) If a person, before submitting an environmental impact statement in accordance with a requirement of this section, so requests, the Minister shall, after consulting the person who made the request, the planning authority in whose functional area the land is situated, and such Minister of the Government or other body or bodies as the Minister considers appropriate in the circumstances, give a written opinion on the information to be contained in such statement.
(b) A request under paragraph (a) for a written opinion on the information to be contained in an environmental impact statement shall state -
(i) the name and address, and telephone number and e-mail address, if any, of the person making the request and of the person, if any, acting on behalf of the person making the request,
(ii) the location, townland or postal address of the land to which the request relates,
and
(iii)a brief description of the nature of the proposed works and of their possible effects on the environment.
(c) Where the Minister considers that he or she has insufficient information to enable him or her to give a written opinion pursuant to a request, he or she shall, by notice in writing, require the person making the request to provide, within a specified period, such further information as he or she considers necessary.
(d) The Minister shall, in dealing with a request for a written opinion, have regard to -
(i) the information required to be contained in an environmental impact statement in accordance with subsection (2),
(ii) any information provided under paragraph (b) or any further information provided under paragraph (c), and
(iii)any consultations under paragraph (a).
(e) A written opinion shall indicate the extent to which the information specified in paragraph 2 of the Second Schedule to the European Communities (Environmental Impact Assessment) Regulations, 1989 (as substituted by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1999), or in any provision amending or replacing the said paragraph, should be contained in the environmental impact statement.
(f) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the Minister of his or her powers under this Act to require the person who made the request to furnish further information in relation to the effects on the environment of the proposed works.
(4) (a) At the request of a person intending to carry out works, the Minister may, where he or she is satisfied that exceptional circumstances so warrant and after consultation with the Minister for the Environment and Local Government, grant in respect of proposed works an exemption from a requirement under this section to prepare an environmental impact statement, except that no exemption may be granted in respect of proposed works if another Member State of the European Communities, having been informed about the proposed works and their likely effects on the environment in that State, has indicated that it intends to furnish views on those effects.
(b) The Minister shall, in granting an exemption under paragraph (a), consider whether—
(i) the effects, if any, of the proposed works on the environment should be assessed in some other manner, and
(ii) the information arising from the assessment should be made available to the public,
and the Minister may apply such requirements regarding these matters as he or she considers necessary or appropriate.
(c) Notice of any exemption granted under paragraph (a), of the reasons for granting the exemption and of any requirements applied under paragraph (b) shall, as soon as may be,—
(i) be published in Iris Oifigiúil and in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate, and
(ii) be given, together with a copy of the information, if any, made available to the public in accordance with paragraph (b), to the Commission of the European Communities.
Procedure in regard to submission of EIS.
19B.—(1) Where a...