European Union (Aquaculture Appeals) (Environmental Impact Assessment) Regulations 2019.
Statutory Instrument No. | 341/2019 |
Published date | 12 July 2019 |
Notice of the making of this Statutory Instrument was published in |
“Iris Oifigiúil” of 12th July, 2019. |
I, Michael Creed, 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 further effect to Articles 6(5) and 6(7) of Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20111 , as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 , hereby make the following regulations: |
Citation |
1. These Regulations may be cited as the European Union (Aquaculture Appeals) (Environmental Impact Assessment) Regulations 2019. |
Amendment of Fisheries (Amendment) Act 1997 |
2. The Fisheries (Amendment) Act 1997 (No. 23 of 1997) is amended - |
(a) in section 40, by inserting the following subsections after subsection (8): |
“(9) Subject to subsection (10), the Board shall, as soon as practicable, publish on its website notices of appeal served on it under subsection (1). |
(10) Subsection (9) shall not apply as regards notices of appeal received by the Board later than the expiration of the period referred to in subsection (1).”, |
(b) in section 41(1), by substituting the following paragraphs for paragraphs (e) and (f) – |
“(e) state in full the grounds of the appeal and the reasons, considerations and arguments on which they are based, |
(f) where an environmental impact assessment is required under Regulation 3 of the Aquaculture Appeals (Environmental Impact Assessment) Regulations 2012 ( S.I. No. 468 of 2012 ), include evidence of compliance with paragraph (3A) of the said Regulation 3, |
and |
(g) be accompanied by such fee, if any, as may be payable in respect of such an appeal in accordance with regulations under section 63,”, |
(c) in section 44(2), by substituting “30 days” for “one month”, |
(d) in section 45, by substituting for subsection (2) the following: |
“(2) (a) Without prejudice to subsection (3), submissions or observations referred to in subsection (1) may be made within a period set by the Board (being not less than 30 days from the date on which the Board published the notice of appeal under section 40(9)). |
(b) The Board shall not consider any submissions or observations received after the period set by it under paragraph (a).”, |
(e) in section 46(1)(a), by substituting “(being not less than 30 days beginning on the date of service... |
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