European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994

JurisdictionIreland
CitationIR SI 84/1994
Year1994

S.I. No. 84 of 1994.

EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT) REGULATIONS, 1994.

In exercise of the powers conferred on the Minister for the Environment 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), which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1993 ( S.I. No. 127 of 1993 ), I, JOHN BROWNE, Minister of State at the Department of the Environment, hereby make the following Regulations:—

PART I PRELIMINARY AND GENERAL

1 Citation.

1. (1) These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994.

(2) These Regulations and the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 and 1994.

2 Commencement.

2. (1) These Regulations, other than Articles 6, 7, 10 for the purpose of revoking Article 23 of the 1989 Regulations, and 13 shall come into operation on the 13th day of April, 1994.

(2) Articles 6, 7 and 13 shall come into operation on the 16th day of May, 1994.

(3) Article 10, for the purpose of revoking Article 23 of the 1989 Regulations, shall come into operation on the 15th day of June, 1994.

3 Interpretation.

3. In these Regulations, save where the context otherwise requires:—

( a ) any reference to a Part which is not otherwise identified is a reference to a Part 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 II AMENDMENT OF LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1993 AND EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989

4 Definitions for Part II.

4. In this Part:—

"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 1989 Regulations" mean the European Communities (Environmental Impact Assessment) Regulations, 1989.

5 Amendment of section 25 of the Act of 1963.

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

(a) the substitution for subsections (2) (cc) (v) and (vi) (inserted by Article 7 (a) of the 1989 Regulations) thereof of the following:

"(v) the making of submissions or observations to the planning authority by persons other than the applicant in relation to development in respect of which the authority has received an environmental impact statement,

(vi) the making available for purchase of copies of environmental impact statements or extracts from such statements,";

(b) the substitution for subsection (3) (c) (inserted by Article 7 (b) of the 1989 Regulations) thereof of the following:

"(c) The Minister shall, as soon as may be—

(i) notify the planning authority concerned of his decision on any request made to him under paragraph (a) of this subsection, and of any requirements applied under paragraph (b) of this subsection, and

(ii) where the proposed development to which the request relates comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) is required, notify the Environmental Protection Agency of his decision on the request, and of any requirements applied under paragraph (b) of this subsection which relate to the risk of environmental pollution from the activity.";

( c ) the substitution for subsection (4) (a) (inserted by Article 7 (b) of the 1989 Regulations) thereof of the following:

"(a) A person who makes a request to the Minister for an exemption under subsection (3) of this section shall, as soon as may be—

(i) inform the planning authority concerned of the making of the request and the date on which it was made, and

(ii) where the proposed development comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 (No. 7 of 1992) is required, notify the Environmental Protection Agency of the making of the request and the date on which it was made.".

6 Amendment of section 26 of Act of 1963.

6. Section 26 of the Act of 1963 is hereby amended by:—

( a ) the substitution for subsection (1A) (inserted by Article 8 (a) of the 1989 Regulations) thereof of the following subsection:

"(1A) (a) Without prejudice to subsection (1) of this section, and subject to paragraph (b) of this subsection, a planning authority shall, in dealing with an application for permission for the development of land in respect of which an environmental impact statement was submitted to them in accordance with a requirement of or under regulations under section 25 (as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989 and 1994) of this Act, have regard to—

(i) the said statement,

(ii) any supplementary information relating to the said statement furnished to them by the applicant in...

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