European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988

• Jurisdiction: Ireland
• Citation: IR SI 221/1988

S.I. No. 221 of 1988.

EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (MOTORWAYS) REGULATIONS, 1988.

The Minister for the Environment 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 Council Directive No. 85/337/EEC(*) hereby makes the following Regulations:—

(*)OJ No. L175/40 of 5/7/1985. 1. These Regulations may be cited as the European Communities (Environmental impact Assessment) (Motorways) Regulations. 1988. 2. In these Regulations "the Act" means the Local government (Roads and motorways) Act, 1974 (No. 6 of 1974). 3. Section 4 of the Act is hereby amended by the substitution for subsection (3) of the following subsection:—

"(3) Before making a scheme under this section, a road authority shall have regard to the preservation of scenic and natural amenities and shall prepare an environmental impact study of the proposed motorway which shall identify, describe and assess the direct and indirect environmental effects of the construction of the proposed motorway on—

(i) human beings, fauna and flora,

(ii) soil, water, air, climate and the landscape,

(iii) the inter-action between the matters referred to at (i) and (ii) above,

(iv) material assets, and

(v) the cultural heritage.". 4. Section 4 of the Act is hereby further amended by the insertion after subsection (3) of the following subsection:—

"(3A) An environmental impact study under subsection (3) shall contain the following—

(i) a description of the proposed motorway, including information on its site, design and size.

(ii) a description of the likely significant effects of the proposed motorway on the environment, including the data required to identify and assess the main effects and information as to the emission of pollutants and the creation of nuisance.

(iii) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse environmental effects of the proposed motorway.

(iv) an outline of the main alternative motorway alignments (if any) studied and an indication of the main reasons for selecting the proposed alignment, taking into account the environmental effects, and

(v) a non-technical summary of the matters referred to at (i) to (iv) above.". 5. Section 4 of the Act is hereby further amended by the substitution for subsection (4) of the following subsection:—

"(4) A road authority shall—

(...