European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 282/2012
• Year: 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st July, 2012.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, 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 Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012.

(2) These Regulations come into operation on 30 September 2012.

2. In these Regulations—

“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);

“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);

“Act of 2003” means the Protection of the Environment Act 2003 (No. 27 of 2003).

3. Section 3 of the Act of 1992 is amended—

(a) by inserting the following definition:

“ “environmental impact assessment” shall be construed in accordance with section 83(2A);”,

(b) by substituting the following definition for the definition of “environmental impact statement”:

“ “environmental impact statement” means a statement of the direct and indirect effects that a proposed activity will have or is likely to have on the environment and shall include the information specified in Annex IV to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 on the assessment of the effects of certain public and private projects on the environment;

OJ No. L 26, 28.1.2012 p.1,”,

and

(c) by inserting the following subsection after subsection (2):

“(2A) Subject to this Act, a word or expression that is used in this Act and that is also used in Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.”.

4. (1) Section 83 (inserted by section 15 of the Act of 2003) of the Act of 1992 is amended—

(a) by inserting the following subsection after subsection (2):

“(2A)(a) In this subsection:

“application for a licence” means an application made to the Agency—

(i) for a licence under this Part, or

(ii) by the licensee under section 90(1)(b) for a review of a licence or revised licence;

“environmental impact assessment” means an assessment, to include an examination, analysis and evaluation, carried out by the Agency 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 Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, the direct and indirect effects of a proposed activity on the following:

(i) human beings, flora and fauna;

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

(iii) material assets and the cultural heritage;

(iv) the interaction between the factors referred to in paragraphs (i), (ii) and (iii).

(b) The Agency as part of its consideration of an application for a licence shall ensure before a licence or a revised licence is granted, and where the activity to which such licence or revised licence relates is likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location, that, in accordance with this subsection and section 87(1A) to (1H), the application is made subject to an environmental impact assessment as respects the matters that come within the functions of the Agency including the functions conferred on the Agency by or under this Act.

(c) Subject to paragraph (b) and section 87(1A) to (1H), an environmental impact assessment shall be carried out by the Agency in respect of an application for a licence relating to an activity, where development comprising or for the purpose of the activity is:

(i) development of a class prescribed by regulations under section 176 of the Act of 2000 that exceeds a quantity, area or other limit prescribed by those regulations, or

(ii) development of a class prescribed by regulations under section 176 of the Act of 2000 that does not exceed a quantity, area or other limit prescribed under those regulations but that the Agency determines would be likely to have significant effects on the environment.

(d) Subject to section 87(1A) to (1H) an applicant for a licence shall submit an environmental impact statement with the application for the licence made to the Agency—

(i) where the application for a licence concerned is in respect of an activity relating to development or proposed development referred to in paragraph (c)(i), or

(ii) where the Agency determines that the application for a licence concerned is in respect of an activity relating to development or proposed development referred to in paragraph (c)(ii) that would be likely to have significant effects on the environment.

(e) The Agency shall request the production by the applicant of any additional or supplemental information that it considers necessary to enable it to carry out an environmental impact assessment as required under this section.

(f) In relation to an application for a licence to which paragraph (d) refers—

(i) the Agency shall consider the content of the environmental impact statement and any other material including maps or plans submitted as part of the application for a licence and determine whether that content adequately identifies, describes, and assesses the direct and indirect effects of the proposed development, and

(ii) if the Agency determines that the environmental impact statement and other material does not so adequately identify, describe or assess, the Agency shall give notice in writing to the applicant for the licence requesting further information, which notice shall—

(I) identify the manner in which the content of the environmental impact statement and other material is inadequate, and

(II) require the applicant for the licence to furnish to the Agency additional information required to correct the inadequacy so identified.

(g) In carrying out its consideration of an application for a licence and in carrying out an environmental impact assessment the Agency may have regard to, and adopt in whole or in part, any reports prepared by its officials or by consultants, experts or other advisors.”,

(b) in subsection (3) by substituting the following paragraph for paragraph (e)(i)—

“(i) the particulars submitted with the application including the environmental impact statement (if any) and any other material including maps or plans,”, and

(c) in subsection (4) by inserting the following paragraph after paragraph (a):

“(aa) Where the Agency decides, in relation to an application for a licence to which subsection (2A)(c) refers, to grant a licence or a revised licence the Agency may attach such conditions to the licence or revised licence as it considers necessary to avoid, reduce and, if possible, offset the major adverse effects of the development or proposed development (if any) comprising or for the purposes of the activity to which the application for a licence relates.”.

(2) Nothing in regulations made under section 85 or 89 of the Act of 1992 in force on the coming into operation of these Regulations shall be construed as—

(a) restricting the Agency from performing its functions, or

(b) affecting any requirement or obligation imposed on the Agency or any person referred to in or prescribed under section 87(2) of the Act of 1992,

pursuant to the amendments to section 83 of the Act of 1992 effected by paragraph (1).

5. (1) Section 87 (inserted by section 15 of the Act of 2003) of the Act of 1992, is amended—

(a) by inserting the following subsections after subsection (1):

“(1A) In subsections (1B) to (1H)—

“application for a licence” means an application made to the Agency—

(a) for a licence or a revised licence under this Part, or

(b) by the licensee under section 90(1)(b) for a review of a licence or a revised licence.

“application for permission” means—

(a) an application for permission for development under Part III of the Act of 2000,

(b) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226 of the Act of 2000, or

(c) an application for substitute consent under section 177E of the Act of 2000;

“grant of permission” means—

(a) a grant of permission for development under Part III of the Act of 2000,

(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Act of 2000, or

(c) a grant of substitute consent under section 177K of the Act of 2000.

(1B) Where an application for a licence is made to the Agency in respect of an activity that involves development or proposed development for which a grant of permission is required the applicant shall furnish to the Agency—

(a) confirmation in writing from a planning authority or An Bord Pleanála, as the case may be, that an application for permission comprising or for the purposes of the activity to which the application for a licence relates, is currently under consideration by the planning authority concerned or An Bord Pleanála, and in that case shall also furnish to the Agency either—

(i) a copy of the environmental impact statement where one is required by or under the Act of 2000 relating to that application for permission, or

(ii) confirmation in writing from the planning authority or An Bord Pleanála that an environmental impact assessment is not required...