European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 457/2012
• Year: 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd November, 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) (No. 2) Regulations 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);

“Regulations of 2012” means the European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 ( S.I. No. 282 of 2012 ).

3. Section 83 (amended by Regulation 4(1) of the Regulations of 2012) of the Act of 1992 is amended in subsection (2A)—

(a) in paragraph (b), by substituting “(1I)” for “(1H)”,

(b) in paragraph (c), by substituting “(1I)” for “(1H)”, and

(c) in paragraph (d), by substituting “(1I)” for “(1H)”.

4. Section 87(1A) (inserted by Regulation 5(1)(a) of the Regulations of 2012) of the Act of 1992 is amended in paragraph (a), by substituting “(1I)” for “(1H)”.

5. (1) Section 87 (amended by Regulation 5(1) of the Regulations of 2012) of the Act of 1992, is amended—

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

“(1I)(a) This subsection applies—

(i) notwithstanding subsections (1B) to (1H),

(ii) to an application for a licence made to the Agency before 30 September 2012.

(b) Where the Agency is considering an application for a licence to which this subsection applies and the Agency under section 83(2A) decides that an environmental impact assessment is required in relation to the activity concerned, the Agency shall, if an environmental impact statement was not submitted with the application for a licence, request the applicant to submit an environmental impact statement and where the applicant fails to submit such statement within the period specified in the request, or any additional period as may be specified by the Agency, the application for a licence shall be deemed to be withdrawn.

(c) Where an environmental impact statement is submitted to the Agency with the application for a licence or in accordance with a request under paragraph (b)—

(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 activity on the environment, 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, within the period specified in the notice, to the Agency additional information required to correct the inadequacy so identified.

(d) Where the applicant concerned fails to comply with a requirement under paragraph (c), the Agency may, as it considers it appropriate having regard to the extent of the failure, inform the applicant, by notice in writing of such failure and that the application for a licence cannot be considered by the Agency.

(e) Where an environmental impact statement...