European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019

JurisdictionIreland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th June, 2019.

I, Shane Ross, Minister for Transport, Tourism and Sport, 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:

Citation

1. These Regulations may be cited as the European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019.

Interpretation

2. (1) In these Regulations “Principal Act” means the Roads Act 1993 (No. 14 of 1993).

(2) A word or expression that is used in these Regulations and that is also used in 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 ) has the same meaning in these Regulations as it has in that Directive.

Amendment of section 2(1) of Principal Act

3. Section 2(1) of the Principal Act is amended -

(a) by the insertion of the following definitions after the definition of “development plan”:

“ ‘EIA Directive’ means 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 ;

‘environmental impact assessment’, in relation to a proposed road development, means a process in respect of the development -

(a) consisting of -

(i) the preparation of an environmental impact assessment report in accordance with section 50,

(ii) the carrying out of consultation referred to in section 51(3),

(iii) the examination by An Bord Pleanála of the information presented in the environmental impact assessment report, any additional information provided in accordance with section 51(4) and any relevant information received through consultation under section 51(3),

(iv) the reaching by An Bord Pleanála of the reasoned conclusion referred to in section 51(5) on the significant effects of the proposed road development on the environment; and

(v) the integration by An Bord Pleanála of its reasoned conclusion into its decision under section 51(6),

and

(b) including an examination, analysis and evaluation by An Bord Pleanála under section 51(5) in order to identify, describe and assess the direct and indirect significant effects of the particular proposed road development, including significant effects derived from the vulnerability of the proposed road development 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 19923 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20094 ,

(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);

‘environmental impact assessment report’ shall be construed in accordance with section 50;”,

(b) in the definition of “proposed road development”, by the substitution of “which is subject to an environmental impact assessment” for “in respect of which an environmental impact statement is required to be prepared”,

and

(c) by the insertion of the following subsection after subsection (6):

“(6A) A reference in this Act to an Annex is a reference to an Annex to the EIA Directive.”.

Environmental impact assessment report

4. The Principal Act is amended by the substitution of “environmental impact assessment report” for “environmental impact statement” in each place where it occurs.

Road developments subject to environmental impact assessment

5. The Principal Act is amended by the substitution of the following section for section 50:

“50. (1) (a) A road development that is proposed that comprises any of the following shall be subject to an environmental impact assessment:

(i) the construction of a motorway;

(ii) the construction of a busway;

(iii) the construction of a service area;

(iv) any prescribed type of road development consisting of the construction of a proposed public road or the improvement of an existing public road.

(b) If An Bord Pleanála considers that any road development proposed (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be likely to have significant effects on the environment it shall direct that the development be subject to an environmental impact assessment.

(c) Where a road authority or, as the case may be, the Authority considers that a road development that it proposes (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be likely to have significant effects on the environment, it shall inform An Bord Pleanála in writing prior to making any application to the Bord for an approval referred to in section 51(1) in respect of the development.

(d) In particular, where a proposed development (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be located on -

(i) a European Site within the meaning of Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ),

(ii) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

(iii) land designated as a refuge for fauna or flora under section 17 of the Wildlife Act 1976 (No. 39 of 1976), or

(iv) land designated a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

the road authority or the Authority, as the case may be, proposing the development shall decide whether or not the proposed development would be likely to have significant effects on the environment.

(e) Where a decision is being made pursuant to this subsection on whether a road development that is proposed would or would not be likely to have significant effects on the environment, An Bord Pleanála, or the road authority or the Authority concerned (as the case may be), shall take into account the relevant selection criteria specified in Annex III.

(f) Where a road authority or the Authority, as the case may be, makes a decision under paragraph (d) it shall -

(i) make the decision available for inspection by members of the public, and

(ii) make an electronic version of the decision available on its website.

(1A) (a) Unless An Bord Pleanála is satisfied that a road development that is proposed consisting of the construction of a proposed public road or the improvement of an existing public road (other than development to which subsection (1)(a) applies) -

(i) would not be likely to have significant effects on the environment, or

(ii) would be likely to have significant effects on the environment,

An Bord Pleanála shall require the road authority, or as the case may be the Authority, proposing the road development to provide it with information on the characteristics of the road development proposed and its likely effects on the environment.

(b) Where a road authority or the Authority is subject to a requirement by An Bord Pleanála under paragraph (a) it shall -

(i) provide the information specified in Annex IIA, 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 of the Oireachtas or under European Union legislation (other than the EIA Directive).

(c) Where a road authority or the Authority is subject to a requirement by An Bord Pleanála under paragraph (a) it may also provide a description of any features of the development or measures envisaged to avoid or prevent significant adverse effects on the environment.

(d) Where An Bord Pleanála receives information from a road authority or the Authority under paragraph (b) it shall make a determination as to whether the road development proposed should be subject to an environmental impact assessment on the basis of such information, taking into account the relevant selection criteria specified in Annex III and, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to any Act of the Oireachtas or under European Union legislation (other than the EIA Directive).

(e) A determination under paragraph (d) shall -

(i) where An Bord Pleanála determines that the development should be subject to an environmental impact assessment, specify with reference to the relevant criteria listed in Annex III the main reasons for that determination, and

(ii) where An Bord Pleanála determines that the development should not be subject to an environmental impact assessment, specify -

(I) the main reasons for that determination by reference to the relevant criteria listed in Annex III, and

(II) any features of the proposed road development and measures proposed by the road authority, or as the case may be the Authority, to avoid or prevent significant adverse effects on the environment.

(f) Subject to paragraph (g), An Bord Pleanála shall make its determination under paragraph (d) as soon as possible and within 90 days from the date on which the road authority or, as the case may be, the Authority has submitted all the information required by An Bord Pleanála under paragraph (a).

(g) An Bord...

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