European Union (Environmental Impact Assessment) (Gas) Regulations 2012

• Jurisdiction: Ireland
• Year: 2012
• Citation: IR SI 403/2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th October, 2012.

I, PAT RABBITTE, Minister for Communications, Energy and Natural Resources, 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 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20111 , hereby make the following:

1. These Regulations may be cited as the European Union (Environmental Impact Assessment) (Gas) Regulations 2012.

2. The following section is inserted after section 40A (inserted by Regulation 20 of the European Communities (Environmental Impact Assessment) Regulations 1989 ( S.I. No. 349 of 1989 )) of the Gas Act 1976 (No. 30 of 1976):

“Environmental Impact Assessment.

40B.(1)(a) In this section—

‘environmental impact assessment’ means an assessment, to include an examination, analysis and evaluation, carried out by the Commission or the Minister in accordance with this section 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 Directive, the direct and indirect effects of a proposed development on the following factors (“environmental factors”) namely—

(i) human beings, flora and fauna,

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

(iii) material assets and the cultural heritage, and

(iv) the interaction between the factors mentioned in subparagraphs (i), (ii) and (iii);

‘Directive’ means Directive 2011/92/EU of the European Parliament and of the Council.

(b) A word or expression that is used in this section and that is also used in the Directive has, unless the context otherwise requires, the same meaning in this Act as it has in the Directive.

(2) The Commission or the Minister shall, as part of the consideration of the application for consent made by the Board or another person, in accordance with subsection (3) ensure that before consent 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.

(3) An environmental impact assessment shall be carried out by the Commission or the Minister in respect of an application for consent for—

(a) development of a class specified in Parts I and II of the First Schedule to the European Communities (Environmental Impact Assessment) Regulations 1989 ( S.I. No. 349 of 1989 ) which exceeds a...