European Communities (Foreshore) Regulations, 2009

• Jurisdiction: Ireland
• Citation: IR SI 404/2009
• Year: 2009

S.I. No. 404 of 2009

EUROPEAN COMMUNITIES (FORESHORE) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th October, 2009.

I, BRENDAN SMITH, 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), for the purpose of giving effect to Directive No. 2003/35/EC of the European Parliament and of the Council of 26 May 2003 1 , so far as that Directive relates to the Foreshore Acts 1933 to 2005, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Foreshore) Regulations 2009.

2. In these Regulations—

“Principal Act” means the Foreshore Act 1933 (No. 12 of 1933);

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

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

“Regulations of 1999” means the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 ( S.I. No. 93 of 1999 ).

3. Section 13A (inserted by Regulation 13(c) of the Regulations of 1989) of the Principal Act is amended—

(a) by substituting the following for paragraphs (a) and (b) (as amended, respectively, by Regulation 9 of the Regulations of 1999 and by Regulation 8(a) of the Regulations of 1998) of subsection (4):

“(4) (a) The Minister may, where the Minister is satisfied that exceptional circumstances so warrant, exempt a relevant application from the requirement of subsection (1) of this section.

(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection—

(i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other manner, and

(ii) make available to the public—

(I) the information obtained in any assessment carried out under subparagraph (i),

(II) the information relating to any decision to exempt a relevant application under paragraph (a), and

(III) the reasons for the decision referred to in clause (II).”,

and

(b) by inserting the following after subsection (5):

“(6) In this section ‘relevant application’ does not include an application for an aquaculture licence (within the meaning of the Fisheries (Amendment) Act 1997 ) that is accompanied by an environmental impact statement.”.

4. The Principal Act is amended by substituting the following for section 19A (inserted by Regulation 13(d) of the Regulations of 1989):

“Procedure in regard to certain relevant applications. 19A.—(1) Notwithstanding section 19 of this Act, a person who has submitted an environmental impact statement in accordance with a requirement of or under section 13A of this Act shall, as soon as may be, publish in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application relates a notice—(a) stating that the person has made the application and indicating the location and nature of the proposal to which the application relates,(b) stating that an environmental impact statement has been prepared in respect of the proposal,(c) stating that the Minister is responsible for making a decision on the...