European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018

JurisdictionIreland
Year2018
CitationIR SI 296/2018

ARRANGEMENT OF REGULATIONS

PART 1

Preliminary Matters

1. Citation, collective citations and construction

2. Commencement

3. Transitional arrangements

4. Repeals

PART 2

Amendment of planning and development act 2000

5. Definition

6. Amendment of section 2 of Act of 2000

7. Amendment of section 5 of Act of 2000

8. Amendment of section 34 of Act of 2000

9. Amendment of section 37D of Act of 2000

10. Amendment of section 37H of Act of 2000

11. Amendment of section 38 of Act of 2000

12. Amendment of section 146 of Act of 2000

13. Amendment of section 146B of Act of 2000

14. Amendment of section 146C of Act of 2000

15. Provisions supplementary to sections 146B and 146C

16. Definitions

17. Amendment of section 172 of Act of 2000

18. Amendment of Act of 2000 — insertion of sections172A to 172C

19. Amendment of section 173 of Act of 2000

20. Amendment of section 175 of Act of 2000

21. Amendment of Act of 2000 — insertion of sections 176A to 176C

22. Amendment of section 177C of Act of 2000

23. Amendment of section 177D of Act of 2000

24. Amendment of section 177E of Act of 2000

25. Amendment of section 177F of Act of 2000

26. Amendment of section 177K of Act of 2000

27. Amendment of section 179 of Act of 2000

28. Amendment of section 181A of Act of 2000

29. Amendment of section 181B of Act of 2000

30. Amendment of section 181C of Act of 2000

31. Amendment of section 182A of Act of 2000

32. Amendment of section 182B of Act of 2000

33. Amendment of section 182C of Act of 2000

34. Amendment of section 182D of Act of 2000

35. Amendment of section 182E of Act of 2000

36. Amendment of Act of 2000 in relation to references to environmental impact statement

PART 3

Amendment of Planning and Development (Housing) and Residential Tenancies Act 2016

37. Definition

38. Amendment of section 7 of Act of 2016

39. Amendment of section 8 of Act of 2016

40. Amendment of section 9 of Act of 2016

41. Amendment of section 10 of Act of 2016

42. Construction of Fourth Schedule to Act of 2000 during remainder of specified period

43. Amendment of Act of 2016 in relation to references to environmental impact statement

PART 4

Amendment of Planning and Development (Amendment) Act 2018

44. Amendment of Schedule 2 to Planning and Development (Amendment) Act 2018

PART 5

Amendment of Planning and Development Regulations 2001

45. Definition

46. Amendment of article 3 of Regulations of 2001

47. Amendment of article 22 of Regulations of 2001

48. Amendment of article 26 of Regulations of 2001

49. Amendment of article 27 of Regulations of 2001

50. Amendment of article 31 of Regulations of 2001

51. Amendment of article 33 of Regulations of 2001

52. Amendment of article 35 of Regulations of 2001

53. Inclusion of URL to appeal on planning authority’s website, etc.

54. Amendment of article 69 of Regulations of 2001

55. Amendment of article 72 of Regulations of 2001

56. Amendment of article 74 of Regulations of 2001

57. Amendment of article 81 of Regulations of 2001

58. Amendment of article 82 of Regulations of 2001

59. Amendment of article 83 of Regulations of 2001

60. Amendment of article 87 of Regulations of 2001

61. Amendment of article 88 of Regulations of 2001

62. Amendment of article 92 of Regulations of 2001

63. Content of EIAR

64. Amendment of article 95 of Regulations of 2001

65. Copies of EIAR

66. Amendment of Regulations of 2001 — insertion of articles 97A to 97C

67. Amendment of article 103 of Regulations of 2001

68. Weekly list of planning applications

69. Amendment of article 109 of Regulations of 2001

70. Amendment of article 112 of Regulations of 2001

71. Amendment of article 114 of Regulations of 2001

72. Amendment of article 115 of Regulations of 2001

73. Scoping request to Board

74. Amendment of article 118 of Regulations of 2001

75. Amendment of article 120 of Regulations of 2001

76. Notification of URL to EIA portal

77. Content of decision

78. Amendment of article 123 of Regulations of 2001

79. Amendment of article 123A of Regulations of 2001

80. Amendment of article 132 of Regulations of 2001

81. Procedures for declarations and referrals under section 5 of Act

82. Amendment of article 210 of Regulations of 2001

83. Amendment of article 214 of Regulation of 2001

84. Notification of URL and reference number of application

85. Content of remedial EIAR

86. Amendment of article 223 of Regulations of 2001

87. Information to be provided to EIA portal

88. Amendment of article 227 of Regulations of 2001

89. Amendment of article 228 of Regulations of 2001

90. Amendment of article 235 of Regulations of 2001

91. Amendment of article 286 of Regulations of 2001

92. Amendment of article 289 of Regulations of 2001

93. Amendment of article 297 of Regulations of 2001

94. Amendment of Regulations of 2001 — insertion of articles 299A to 299C

95. Amendment of article 301 of Regulations of 2001

96. Notification of URL and reference number of application

97. Amendment of Regulations of 2001 — substitution of Schedules 6 and 7

98. Amendment of Regulations of 2001 in relation to references to environmental impact statement

99. Amendment of Schedule 3 to Regulations of 2001

SCHEDULE 1

Amendment of Act of 2000 in relation to References to Environmental Impact Statement

SCHEDULE 2

Amendment of Act of 2016 in relation to References to Environmental Impact Statement

SCHEDULE 3

Amendment of Regulations of 2001 in relation to References to Environmental Impact Statement

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

SCHEDULE 10

SCHEDULE 11

SCHEDULE 12

S.I. No. 296 of 2018

EUROPEAN UNION (PLANNING AND DEVELOPMENT) (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st July, 2018.

I, EOGHAN MURPHY, Minister for Housing, Planning 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 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, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, hereby make the following regulations:

Part 1

Preliminary Matters

Citation, collective citations and construction

1. (1) These Regulations may be cited as the European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018.

(2) Parts 2, 3 and 4 and Schedules 1 and 2 shall be included in the collective citation “Planning and Development Acts 2000 to 2018” and shall be construed together as one.

(3) The Planning and Development Regulations 2001 to 2017, the Planning and Development (Amendment) Regulations 2018 ( S.I. No. 29 of 2018 ), the Planning and Development (Amendment) (No. 2) Regulations 2018 ( S.I. No. 30 of 2018 ), the Planning and Development (Amendment) (No. 3) Regulations 2018 ( S.I. No. 31 of 2018 ), Part 5 and Schedules 3 to 12 may be collectively cited as the Planning and Development Regulations 2001 to 2018.

Commencement

2. (1) Subject to paragraph (2), these Regulations shall come into operation on 1 September 2018.

(2) Regulations 21, 67(d) and 69(e) shall come into operation on 1 January 2019.

Transitional arrangements

3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases:

(a) in respect of a determination under section 172(1)(b) of the Act of 2000, as so in force, as to whether such development has or would be likely to have significant effects on the environment, the planning authority or the Board, as the case may be, has, before 16 May 2017, initiated making such determination;

(b) a request has been made, before 16 May 2017—

(i) under section 37D (1), 173(2)(a) or (3)(a), 181C(3)(b) or 182E(3) of the Act of 2000, as so in force, for an opinion to be given or provided by the planning authority or the Board, as the case may be, on the information required to be contained in an environmental impact statement relating to such development, or

(ii) under article 117 of the Regulations of 2001, as so in force, for the Board to provide an opinion on the information to be contained in an environmental impact statement relating to such development;

(c) a request has been made, before 16 May 2017, under section 177F(2) of the Act of 2000, as so in force, for an opinion prepared by the Board on the information required to be contained in a remedial environmental impact statement relating to such development;

(d) an application for consent for proposed development referred to in section 172 of the Act of 2000, as so in force, accompanied by an environmental impact statement, has been made, before 16 May 2017, relating to such development.

(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.

(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.

(4) In this Regulation—

“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);

“Regulations of 2001” means the Planning and Development Regulations 2001 ( S.I. No. 600 of...

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