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

• Jurisdiction: Ireland
• Citation: IR SI 283/2012
• 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) (Waste) Regulations 2012.

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

2. In these Regulations—

“Act of 1996” means the Waste Management Act 1996 (No. 10 of 1996);

“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 2 of the Act of 1996 is amended in the Table thereto by substituting “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 environment5” for “Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment5

5 O.J. No. L 26, 28.1.2012 p.1”.

4. Section 5 of the Act of 1996 is amended—

(a) by inserting the following definitions:

“ “development” has the meaning assigned to it by section 3 of the Planning and Development Act 2000 ”;

“environmental impact assessment” shall be construed in accordance with section 40(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 development 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 2011 on the assessment of the effects of certain public and private projects on the environment11;

11 O.J. No. L 26, 28.1.2012 p.1”.

and

(c) by inserting the following subsection after subsection (3A):

“(3B) 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.”.

5. (1) Section 40 (inserted by section 35 of the Act of 2003) of the Act of 1996 is amended—

(a) in subsection (2) by substituting the following for paragraph (b)(ii)(I):

“(I) the particulars submitted with the application including the environmental impact statement (if any) submitted under and in accordance with a requirement of, or made pursuant to regulations under, section 45 and any other material including maps and plans,”,

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

“(2A)(a) In this subsection:

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

(i) for a waste licence under section 40, or

(ii) by the holder of the waste licence for a review under section 46 of the waste 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 development 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 waste licence shall ensure before a waste licence is granted, and where the activity to which such waste 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 42(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 42(1A) to (1H), an environmental impact assessment shall be carried out by the Agency in respect of an application for a waste 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 Planning and Development Act 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 Planning and Development Act Act 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 42(1A) to (1H) an applicant for a waste licence shall submit an environmental impact statement with the application for the waste licence made to the Agency—

(i) where the application for a waste 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 waste 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 waste 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 waste 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 waste 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.”.

(2) Nothing in regulations made under sections 41 or 45 of the Act of 1996 in force on the coming into operation of these Regulations should 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 42(2) of the Act of 1996,

pursuant to the amendments to section 40 of the Act of 1996 effected by paragraph (1).

6. (1) Section 41 of the Act of 1996 is amended by inserting the following subsection after subsection (2):

“(2A) Where the Agency decides, in relation to an application for a waste licence to which section 40(2A)(c) refers, to grant a waste licence the Agency may attach such conditions to the waste 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 waste licence relates.”.

(2) Nothing in regulations under section 41 or 45 of the Act of 1996 in force on the coming into operation of these Regulations should 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 42(2) of the Act of 1996,

pursuant to the amendments to section 41 of the Act of 1996 effected by paragraph (1).

7. (1) Section 42 of the Act of 1996 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 waste licence under section 40, or

(b) by the holder of a waste licence for a review under section 46 of the waste licence;

“application for permission” means—

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

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

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

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