European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019

JurisdictionIreland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd January, 2019

I, Richard Bruton, Minister for Communications, Climate Action and Environment, 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 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 , hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019.

(2) These Regulations shall come into operation on 25 January 2019.

Interpretation

2. In these Regulations “Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992).

Amendment of section 3 of Act of 1992

3. Section 3 of the Act of 1992 is amended, in subsection (1), by the insertion of the following definition:

“ ‘peat extraction’ means the extraction of peat that involves an area of 30 hectares or more;”.

Provision supplemental to section 82 of Act of 1992.

4. The Act of 1992 is amended by the insertion of the following section:

82B. (1) In this section —

‘operative date’ means the date on which the European Union (Environmental Impact Assessment) (Peat Extraction) Regulations 2019 come into operation;

‘Regulations of 2013’ means the Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 ( S.I. No. 283 of 2013 );

‘relevant activity’ means the extraction of peat in the course of business that involves an area exceeding 50 hectares.

(2) Subject to subsection (7), a person shall not carry on peat extraction other than in accordance with a licence or revised licence under this Part.

(3) A person who, immediately before the operative date, was carrying on a relevant activity in accordance with a licence or revised licence under this Part shall, if he or she proposes to carry on peat extraction after that date in all or part of the area in which he or she so carried on that activity, apply, not later than 36 months after that date, for a licence in respect of peat extraction.

(4) A person who, immediately before the operative date, was carrying on peat extraction (other than a relevant activity carried on in accordance with a licence or revised licence under this Part) shall, if he or she proposes to continue to carry on peat extraction on or after that date, apply, not later than 18 months after that date, for a licence in respect of such peat extraction.

(5) (a) Where a decision in relation to an application for a licence in respect of a relevant activity remains outstanding immediately before the operative date, the application shall be treated as an application made under subsection (4), whether or not the applicant was carrying on that activity immediately before that date, and accordingly, paragraph (b) of subsection (7) shall apply to the applicant as it applies to a person who has made an application in accordance with subsection (4).

(b) The Agency may, by notice in writing, require an applicant to whom paragraph (a) applies to provide the Agency with such information and documentation additional to the information and documentation that he or she provided the Agency in relation to the application concerned before the operative date as the Agency considers appropriate, including —

(i) an updated environmental impact assessment report, and

(ii) a map identifying the area to which the application relates,

within such period as is specified in the notice.

(c) Where a person fails to comply with a requirement specified in a notice under paragraph (b), the Agency may declare that the application concerned is deemed to have been withdrawn.

(6) (a) Subject to sections 92, 95, 96 and 97, a licence or revised licence in force immediately before the operative date shall remain in force in accordance with its terms until —

(i) the expiration of the period of 36 months after the operative date, or

(ii) in the case of a person who holds that licence or revised licence and who makes an application under subsection (3), the relevant day.

(b) In this section “relevant day” means -

(i) in circumstances where the Agency makes a decision to grant a licence, the day on which the Agency notifies the person of the decision,

(ii) in circumstances where the Agency makes a decision to refuse to grant a licence, such day as falls 8 weeks (or such extended period as may be determined by the High Court in accordance with paragraph (b) of subsection (10) of section 87) from the day on which the Agency notifies the person of the decision, unless the person makes an application for an order under Order 84 of the Rules of the Superior Courts in respect of the decision,

(iii) in circumstances where, in accordance with regulation 19 of the Regulations of 2013, a person withdraws the application concerned, the day on which the application is so withdrawn,

(iv) in circumstances where, in accordance with paragraph (c) of subsection (5) or regulation 19 of the Regulations of 2013, the application is declared by the Agency to have been abandoned or withdrawn, such day as falls 8 weeks from the day on which the Agency notifies the person of the declaration, unless the person makes an application for an order under Order 84 of the Rules of the Superior Courts in respect of the declaration,

(v) in circumstances where, in accordance with regulation 10(2), 11(2)(c) or 13(4) of the Regulations of 2013, the Agency informs the person that it cannot consider the application, on the day on which the Agency so informs the person in accordance with that regulation, unless the person makes an application for an order under Order 84 of the Rules of the Superior Courts in respect of the Agency’s decision that it cannot so consider the application,

(vi) in circumstances where the person has applied for an order under Order 84 of the Rules of the Superior Courts in respect of a decision of the Agency referred to in paragraph (ii) —

(I) in case the order is refused, on the day on which final judgment is given refusing the order, or

(II) in the case of the withdrawal of the application for such order, the day on which the person so withdraws that application, or

(vii) in circumstances where the person applies for an order under Order 84 of the Rules of the Superior Courts in respect of a declaration of the Agency referred to in subparagraph (iv) or a decision of the Agency referred to in subparagraph (v) —

(I) in case the order is refused, on the day on which final judgment is given refusing the order, or

(II) in case the person withdraws the application for such order, on the day on which the person withdraws that application.

(7) (a) Subsection (2) shall —

(i) subject to subparagraph (ii), not apply...

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