European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 191/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th May, 2020.

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 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:

1. These Regulations may be cited as the European Union (Environmental Impact Assessment) (Environmental Protection Agency Act 1992) (Amendment) Regulations 2020.

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

3. The Act of 1992 is amended in section 3-

(a) in subsection (1) -

(i) by the insertion of the following definition:

“ ‘EIA Directive’ means Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20113 on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20144 ;”

(ii) by the deletion of the definition of “environmental impact statement”,

(iii) by the insertion of the following definition after the definition of environmental impact assessment:

“environmental impact assessment report” shall be construed in accordance with section 83(2A)(dd);”,

and

(b) in subsection (2A), by the substitution of “EIA Directive” for “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”.

4. The Act of 1992 is amended -

(a) by the substitution of “environmental impact assessment report” for “environmental impact statement” and “environmental impact assessment reports” for “environmental impact statements” in each place where either occurs,

(b) in section 72(3)(c), by the substitution of “the said report” for “the said statement”,

(c) in section 83(3)(e)(v), by the substitution of “the report” for “the statement”, and

(d) in section 87(1H), by the substitution of “such report” for “such statement” in each place where it occurs.

5. Section 83(2A) of the Act of 1992 is amended -

(a) in paragraph (a), by the substitution of the following definition for the definition of “environmental impact assessment”:

“ ‘environmental impact assessment’ means a process –

(i) consisting of -

(I) the preparation of an environmental impact assessment report by the applicant in accordance with this Act,

(II) the carrying out of consultation required by or under this Act,

(III) the examination by the Agency of -

(A) the information presented in the environmental impact assessment report,

(B) any additional information provided by the applicant under this Act, and

(C) any relevant information received under this Act,

(IV) the reaching of a reasoned conclusion by the Agency in accordance with section 87(9a) on the significant effects of the proposed activity on the environment, taking into account the results of the examination referred to in subparagraph (III) and, where appropriate, its own supplementary examination, and

(V) the integration of the Agency’s reasoned conclusion into its decision to grant a licence, or to refuse an application, under section 83(1) or a decision to amend a licence or revised licence, to grant a revised licence, or to refuse to grant a revised licence, under section 90(2),

and

(ii) including an examination, analysis and evaluation by the Agency in accordance with this section in order to identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed activity, including significant effects derived from the vulnerability of the activity to risks of major accidents and disasters relevant to it, on-

(I) population and human health,

(II) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 19925 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20096 ,

(III) land, soil, water, air and climate,

(IV) material assets, cultural heritage and the landscape, and

(V) the interaction between the factors mentioned in subparagraphs (I) to (IV);”,

(b) by the insertion of the following paragraphs after paragraph (b):

“(ba) Where the Agency receives an application for a licence in respect of an activity relating to development or proposed development referred to in paragraph (c)(ii) the Agency shall require the applicant for a licence to provide it with information on the characteristics of the activity and its likely significant effects on the environment.

(bb) Where an applicant is subject to a requirement by the Agency under paragraph (ba) it shall -

(i) provide the information specified in Annex IIA to the EIA Directive, and

(ii) where relevant, take into account the available results of other relevant assessments of the effects on the environment carried out pursuant to any Act or under European Union legislation (other than the EIA Directive).

(bc) Where an applicant is subject to a requirement by the Agency under paragraph (ba) it may also provide a description of any features of the activity or measures envisaged to avoid or prevent significant adverse effects on the environment.

(bd) Where the Agency receives information from an applicant under paragraph (bb) it shall make a determination as to whether the activity to which the licence or revised licence applied for relates should be subject to environmental impact assessment on the basis of such information, taking into account the relevant selection criteria specified in Annex III to the EIA Directive and, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to any Act or under European Union legislation (other than the EIA Directive).

(be) A determination under paragraph (bd) shall-

(i) where the Agency determines that the activity should be subject to environmental impact assessment, specify with reference to the relevant criteria listed in Annex III to...