European Communities (Forest Consent and Assessment) (Amendment) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 442/2012
• Year: 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th November, 2012.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, 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 No. 2011/92/EU of 13 December 20111 , insofar as it applies to development consent in respect of forestry, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Forest Consent and Assessment) (Amendment) Regulations 2012.

2. The European Communities (Forest Consent and Assessment) Regulations 2010 ( S.I. No. 558 of 2010 ) are amended—

(a) in Regulation 2(1)—

(i) in the definition of “consultation body”, by inserting after paragraph (f) the following:

“(g) the National Roads Authority;”,

(ii) by substituting for the definition of “EIA Directive”, the following:

“ ‘EIA Directive’ means Council Directive No. 2011/92/EU of 13 December 2011;”,

(iii) by inserting, after the definition of “EIA Directive”, the following definition:

“ ‘environmental impact assessment’ means an examination, analysis and evaluation carried out by the Minister that shall identify, describe and assess in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of the EIA Directive, the direct and indirect effects of a proposed development on the following:

(a) human beings, flora and fauna,

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

(c) material assets and the cultural heritage, and

(d) the interaction among the factors mentioned in paragraphs (a), (b) and (c);”,

and

(iv) by substituting for the definition of “EIS” the following:

“ ‘EIS’ means an environmental impact statement submitted by the applicant, which shall identify the environmental impacts that the proposed development will have or is likely to have on the environment and shall include the information specified in Schedule 1;”,

(b) in Regulation 6(1), by substituting for paragraph (h) the following:

“(h) the requirements of these Regulations, including, where appropriate, an environmental impact assessment under Regulation 6A;”,

(c) by inserting after Regulation 6 the following:

“Decision of Minister (supplemental provisions)(environmental impact assessment)

6A.(1) The Minster shall, as part of his or her consideration of the application involving an environmental impact assessment, in accordance with paragraph (2), ensure that before approval of the application is given projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to an environmental impact assessment.

(2) The Minister shall carry out an environment impact assessment in respect of an...