European Union (Environmental Impact Assessment and Habitats)(No. 2) Regulations 2015

• Jurisdiction: Ireland
• Citation: IR SI 320/2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th July, 2015.

I, ALAN KELLY, 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 Council Directive No. 92/43/EEC of 21 May 19921 and Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20112 hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union (Environmental Impact Assessment and Habitats)(No. 2) Regulations 2015.

Interpretation

2. In these Regulations “Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000).

Amendment of section 177D

3. Section 177D of the Act of 2000 is amended by—

(a) in subsection (1), the substitution of “Subject to section 261A(21), the Board shall” for “The Board shall”, and

(b) in subsection (5), the substitution of “12 weeks” for “6 weeks” in each place where it occurs.

Amendment of section 177E

4. Section 177E of the Act of 2000 is amended by—

(a) the insertion of the following subsection after subsection (2):

“(2A)(a) Where an application for substitute consent is made in respect of a development pursuant to—

(i) a notice given under section 177B,

(ii) a decision to grant leave to apply for substitute consent under section 177D in respect of a development to which section 177D(1)(a) applies, or

(iii) a decision to grant leave to apply for substitute consent under section 261A(20)(a),

that application may, subject to paragraph (b), be made in relation to—

(I) that part of the development permitted under the permission granted in respect of that development that has been carried out at the time of the application, or

(II) that part of the development permitted under the permission granted in respect of that development that has been carried out at the time of the application and all or part of the development permitted under the permission granted in respect of that development that has not been carried out at the time of the application.

(b) Where an application for substitute consent made pursuant to—

(i) a notice given under section 177B,

(ii) a decision to grant leave to apply for substitute consent under section 177D in respect of a development to which section 177D(1)(a) applies, or

(iii) a decision to grant leave to apply for substitute consent under section 261A(20)(a),

relates in part to development that has not been carried out at the time of the application, the applicant shall furnish with his or her application, in addition to the information referred to in subsection (2)—

(I) where a direction to furnish a remedial environmental impact statement was issued in respect of the development under section 177B(2), 177D(7), 261A(3)(c), 261A(10) or 261A(12), an environmental impact statement in accordance with the permission regulations in relation to that part of the development that has not been carried out at the time of the application, and

(II) where a direction to furnish a remedial Natura impact statement was issued in respect of the development under section 177B(2), 177D(7), 261A(3)(c), 261A(10) or 261A(12), a Natura impact statement in relation to that part of the development that has not been carried out at the time of the application.”,

(b) the deletion of subsection (3), and

(c) the insertion in subsection (5) of “and, where subsection (2A)(b) applies, the environmental impact statement or Natura impact statement or both of those statements, as the case may be,” after “as the case may be,”.

Amendment of section 177I

5. Section 177I of the Act of 2000 is amended by—

(a) in subsection (1), the insertion of “and, where section 177E(2A)(b) applies, an environmental impact statement or a Natura impact statement or both of those statements, as the case may be,” after “as the case may be,”, and

(b) in subsection (2)(d)(i), the insertion of “or, where section 177E(2A)(b) applies, is proposed to take place” after “where the development took place”.

Amendment of section 177K

6. Section 177K of the Act of 2000 is amended in subsection (2) by—

(a) the insertion in paragraph (c) of “and, where section 177E(2A)(b) applies, the environmental impact statement or Natura impact statement or both of those statements, as the case may be,” after “as the case may be,”, and

(b) the substitution in paragraph (d) of “was or is proposed to be carried out” for “was carried out”.

Amendment of section 261

7. Section 261 of the Act of 2000 is amended in subsection (6) by the insertion of the following paragraph after paragraph (aa):

“(ab) Where substitute consent or permission under section 34 is granted in respect of the operation of a quarry on which conditions were imposed under paragraph (a)(i) prior to the granting of the substitute consent or permission concerned, those conditions shall cease to have effect.”.

Amendment of section 261A

8. Section 261A of the Act of 2000 is amended by—

(a) in subsection (10), the substitution of “in accordance with the determination of the planning authority under subsection (2)(a) or, where the Board has made a decision under subsection (6) in relation to the determination of the planning authority, in accordance with that decision,” for “in accordance with the determination of the planning authority under subsection (2)(a)”,

(b) in subsection (12), the substitution of “in accordance with the determination of the planning authority under subsection (2)(a)...