European Communities (Forest Consent and Assessment) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 558/2010
• Year: 2010

ARRANGEMENT OF REGULATIONS

PART 1

PRELIMINARY AND GENERAL

Regulation

1. Citation.

2. Interpretation.

PART 2

APPROVAL PROCEDURES

3. Application for approval.

4. Notice to consultation body.

5. Public consultation.

6. Decision of Minister on application.

7. Notification of decision.

8. Review of decision.

PART 3

UNAUTHORISED DEVELOPMENT

9. Carrying out development without approval.

10. Directions in respect of certain work.

11. Minister may enter on land.

PART 4

ENVIRONMENTAL IMPACT STATEMENT

12. EIS: generally.

13. EIS: sub-threshold development.

14. EIS: exemption.

PART 5

DEVELOPMENT AFFECTING MEMBER STATE

15. Where development affects Member State.

16. Application of Regulations to public of Member State.

PART 6

ADMINISTRATION

17. Authorised officers.

PART 7

OFFENCES AND PENALTIES

18. Forgery.

19. Offences and penalties.

20. Prosecution of offences.

21. Offence by body corporate.

PART 8

MISCELLANEOUS

22. Costs in certain civil proceedings.

23. Revocation.

SCHEDULE 1

Information to be contained in an Environmental Impact Statement

SCHEDULE 2

Criteria regarding sub-threshold development

S.I. No. 558 of 2010

EUROPEAN COMMUNITIES (FOREST CONSENT AND ASSESSMENT) REGULATIONS 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th November, 2010.

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) and for the purpose of giving effect to Council Directive 85/337/EEC of 27 June 19851 (as amended by Council Directive 97/11/EC of 3 March 19972 and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 20033 ), insofar as it applies to development consent in respect of forestry, hereby make the following regulations:

PART 1 PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the European Communities (Forest Consent and Assessment) Regulations 2010.

Interpretation

2. (1) In these Regulations—

“Act of 1976” means the Wildlife Act 1976 (No. 39 of 1976);

“Act of 2000” means the Wildlife (Amendment) Act 2000 (No. 38 of 2000);

“afforestation” means the conversion of land to a forest;

“applicant” means a person applying for approval under Regulation 3;

“application” means an application for approval made under Regulation 3 in respect of development;

“approval” means an approval under Regulation 6 in respect of development;

“authorised officer” means a person appointed under section 11 of the Forestry Act 1946 (No. 13 of 1946);

“Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20094 ;

“consultation body” means any of the following:

(a) where relevant, a Minister of the Government;

(b) the Environmental Protection Agency;

(c) the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government;

(d) Inland Fisheries Ireland;

(e) the relevant local authority (as defined under section 2 of the Local Government Act 2001 (No. 37 of 2001));

(f) An Taisce — The National Trust of Ireland;

“decision” means a decision made by the Minister under Regulation 6;

“development” means afforestation or forest road works;

“direction” means a direction by the Minister under Regulation 10(1);

“EIA Directive” means Council Directive 85/337/EEC of 27 June 1985, as amended by—

(a) Council Directive 97/11/EC of 3 March 1997, and

(b) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003;

“EIS” means an environmental impact statement;

“forest” means land under trees with—

(a) a minimum area of 0.1 hectare,

(b) tree crown cover of more than 20 per cent of the total area, or the potential to achieve this cover at maturity,

“forest road” means a road (other than a public road) that serves a forest;

“forest road works” means the construction of a forest road or works ancillary to such construction (whether or not such construction involves the removal of trees), but not where such construction consists of the provision of access to a public road;

“Habitats Directive” means Council Directive 92/43/EEC of 21 May 19925 ;

“Member State” means a Member State, other than the State, of the European Communities;

“Minister” means the Minister for Agriculture, Fisheries and Food;

“owner” includes—

(a) the occupier for the time being of the lands,

(b) the leasehold owner (if any) of the lands, and

(c) Coillte Teoranta;

“public road” has the meaning assigned to it by the Planning and Development Act 2000 (No. 30 of 2000);

“publish” means publishing on the internet website of the Minister or in such other manner as the Minister may direct;

“sub-threshold development” means—

(a) where afforestation is concerned — afforestation of fewer than 50 hectares,

or

(b) where forest road works are concerned — construction of a forest road under 2000 metres in length.

(2) Subject to paragraph (1), a word or expression that is used in these Regulations and is also used in the EIA Directive has, in these Regulations, the same meaning as in that Directive.

PART 2 APPROVAL PROCEDURES

Application for approval

3. (1) A person seeking an approval shall submit an application to the Minister in a manner as the Minister may determine.

(2) An application under paragraph (1) shall contain all material facts relating to the development and include such information including an EIS, as the Minister considers necessary.

(3) The Minister may require satisfactory evidence demonstrating that the applicant is—

(a) the owner of the lands concerned, or

(b) acting with the consent of, and on behalf of, the owner,

and suitably qualified to carry out the development.

(4) If an application does not contain the information that the Minister considers necessary or the EIS does not otherwise conform to the requirements, the Minister shall—

(a) inform the applicant that the application cannot be considered by the Minister,

(b) indicate the basis on which the application may be considered,

and

(c) return the application to the applicant, including all particulars, plans, drawings and maps.

Notice to consultation body

4. (1) Where the Minister receives an application and it appears to him or her that the proposed development may—

(a) cause significant acidification of waters,

(b) have a significant impact on—

(i) nature conservation, or

(ii) an archaeological site or feature,

(c) be situated in an area of special amenity under an order made under section 202 of the Planning and Development Act 2000, or

(d) is located in or likely to have a significant effect on—

(i) a European site within the meaning of Regulation 2(3) of the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004),

(ii) land established or recognised as a nature reserve under sections 15 or 16 of the Act of 1976, as amended by sections 26 and 27 of the Act of 2000,

(iii) land designated as a refuge for flora or fauna under section 17 of the Act of 1976, as amended by section 28 of the Act of 2000,

(iv) an area the subject of a notice under section 16(2)(b) of the Act of 2000, or

(v) an area designated as a natural heritage area under section 18 of the Act of 2000,

the Minister shall issue a notice in writing to one or more consultation bodies that the Minister believes may have an opinion on the proposed development.

(2) A notice issued under paragraph (1) shall include a copy of the application, the EIS (if any), a map of the site on which the development is proposed and other information that the Minister considers relevant.

(3) Without prejudice to paragraph (1), the Minister may carry out such consultation in relation to an application that he or she considers appropriate.

(4) A consultation body to which a notice under paragraph (1) is sent may submit a submission or observation on the application in writing to the Minister within 4 weeks of the issue of the notice or whatever longer timeframe is set out in the notice and, if additional information is received by the Minister and forwarded to the consultation body, within 4 weeks from the date on which the last information is forwarded.

(5) Where a consultation body to whom a notice or further information is sent under this Regulation fails to make a submission or observation within 4 weeks from the date of the notice or such longer timeframe set out in the notice or further information, the Minister may make a decision without further communication to that body.

Public consultation

5. (1) Where the Minister receives an application he or she shall, before making a decision, publish a notice of the application.

(2) A notice under paragraph (1) shall state—

(a) the reference number of the application,

(b) the location, townland and county to which the application relates,

(c) the nature and extent of the proposed development,

(d) the nature of possible decisions or, where there is one, the draft decision,

(e) that any person may make a submission or observation to the Minister within 4 weeks from the date of the notice or whatever longer timeframe appears on the notice,

(f) where and when the application and documents may be viewed,

(g) any other details of public participation, and

(h) any other information that the Minister believes relevant to the application.

(3) The Minister shall make the application available for inspection to the public free of charge, or for purchase at a fee not exceeding the reasonable cost of doing so, a map of the proposed development and any other information or documentation relevant to the application that the Minister has in his or her possession.

(4) The public may make submissions or observations...