European Union (Environmental Impact Assessment and Habitats) Regulations 2015

• Jurisdiction: Ireland
• Citation: IR SI 301/2015
• Year: 2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th 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 Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 and Council Directive No. 92/43/EEC of 21 May 19922 hereby make the following regulations:

1. These Regulations may be cited as the European Union (Environmental Impact Assessment and Habitats) Regulations 2015.

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

3. Section 2 of the Act of 2000 is amended in subsection (1)—

(a) by the substitution of the following definition for the definition of “permission”:

“ ‘permission’ means a permission granted under section 34, 37G or 37N, as appropriate;”,

(b) by the substitution of the following definition for the definition of “permission regulations”:

“ ‘permission regulations’ means regulations under section 33, 37P, 172(2) or 174;”, and

(c) in the definitions of “unauthorised structure”, “unauthorised use” and “unauthorised works”, by the substitution of “or under section 34, 37G or 37N of this Act” for “or under section 34 or 37G of this Act” in each place where those words occur.

4. The Act of 2000 is amended by inserting the following sections after section 37K:

“Quarry substitute consent applications — Board’s jurisdiction in relation to simultaneous applications for further development

37L.(1) Where an application for substitute consent is or was required to be made by the owner or operator of a quarry pursuant to subsection (7), (10) or (12) of section 261A, the owner or operator may apply for permission to further develop that quarry in accordance with this section.

(2) An application for permission to further develop a quarry under subsection (1) shall be made to the Board.

(3) An application for permission under subsection (1) may only be made for further development of a quarry as a quarry.

(4) Subject to subsections (5) and (6), an application under subsection (1) may be made not later than 6 weeks after the date of receipt by the Board of the application for substitute consent.

(5) Where prior to the date of the coming into operation of this section an application for substitute consent referred to in subsection (1) has been made in respect of a quarry, but no decision has been made by the Board in respect of that application prior to or on that date, an application for permission for further development of the quarry may be made under subsection (1) within 6 months of that date.

(6) No application may be made under subsection (1) where a decision has been made by the Board in respect of an application for substitute consent referred to in subsection (1) prior to or on the date of the coming into operation of this section.

(7) Where—

(a) subsection (5) applies, and

(b) the applicant informs the Board by notice in writing prior to it making its decision in respect of the application for substitute consent that the applicant intends to submit an application for permission under subsection (1),

the Board shall, notwithstanding section 177P(1), not make its decision on the application for substitute consent prior to—

(i) the day that is 6 months after the date of the coming into operation of this section,

(ii) the day the application for permission under subsection (1) is received by the Board, or

(iii) the day the applicant informs the Board by notice in writing that it no longer intends to submit an application for permission under subsection (1),

whichever is the earlier.

(8) Where the Board receives an application for permission under subsection (1) in respect of a quarry, it shall consider that application in conjunction with the application for substitute consent in respect of that quarry and it shall be the duty of the Board to take all such steps as are open to it to ensure that the decision under section 37N is made as soon as possible after the decision on the application for substitute consent.

(9) The Board, at its own discretion and at the request of a person intending to make an application under subsection (1), may enter into consultations with the person before that person makes an application under subsection (1).

(10) On receipt of an application under subsection (1), the Board shall send a copy of the application and, where relevant, any environmental impact statement or Natura impact statement to the planning authority or authorities in whose functional area or areas the proposed development would be situated.

(11) Where the Board considers that the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state which is a party to the Transboundary Convention, it shall send a copy of the application and, where relevant, any environmental impact statement or Natura impact statement to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may be made in writing to the Board within the period specified in that notice.

(12)(a) Where requested to do so by the Board, the planning authority for the functional area (or, as the case may be, each planning authority for the functional areas) in which the proposed development would be situated shall, within 6 weeks from the making of the request, prepare and submit to the Board a report setting out the views of the authority on the effects of the proposed development on the environment and the proper planning and sustainable development of the functional area of the authority, having regard in particular to the matters specified in section 34(2) to which a planning authority is to have regard.

(b) The Board may agree to extend the period specified in subparagraph (a), provided that such period of extension shall not exceed 6 weeks.

(c) The Board may make a decision under section 37N(3) notwithstanding that a planning authority has failed to submit a report requested under paragraph (a) within the time specified in that paragraph or within such period of extension as may have been agreed under paragraph (b).

(13) In addition to the report referred to in subsection (12), the Board may, where it considers it necessary to do so, require the planning authority or authorities referred to in that subsection or any planning authority or authorities on whose functional area or areas the proposed development would have a significant effect to furnish to the Board such information in relation to the effects of the proposed development on the proper planning and sustainable development of the functional area concerned and on the environment as the Board may specify.

Section 37L: supplemental provisions

37M.(1) Before making a decision in relation to an application for permission under section 37L the Board may, at its absolute discretion and at any time—

(a) require the applicant for permission to submit further information, including a revised environmental impact statement or Natura impact statement,

(b) indicate that it is considering granting permission, subject to the applicant for permission submitting revised...