European Union (Environmental Impact Assessment) (Waste) Regulations 2013

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th December, 2013.

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. These Regulations may be cited as the European Union (Environmental Impact Assessment) (Waste) Regulations 2013.

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);

“Regulations of 2012” means the European Union (Environmental Impact Assessment) (Waste) Regulations 2012 ( S.I. No. 283 of 2012 ).

3. Section 40 of the Act of 1996 is amended in subsection (2A) (inserted by Regulation 5(1)(b) of the Regulations of 2012)—

(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. (1) Section 42 of the Act of 1996 is amended—

(a) in subsection (1A) (inserted by Regulation 7(1)(a) of the Regulations of 2012), by substituting “(1I)” for “(1H)”, and

(b) by inserting the following subsection after subsection (1H) (inserted by Regulation 7(1)(a) of the Regulations of 2012):

“(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,

(iii) where the Agency has not made a decision under section 40(1) or section 46(2), including an application for a licence, within the meaning of subsection (1A), to which section 40(2A) applies.

(b) Where the Agency is considering an application for a licence to which this subsection applies and the Agency under section 40(2A)(c)(ii) determines 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 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...