European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020.

• Statutory Instrument No.: 130/2020
• Published date: 17 April 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th April, 2020.

The Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on him 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 (Waste Management) (Environmental Impact Assessment) Regulations 2020.

Transitional arrangements

2. (1) Where, in relation to an application for a waste licence, within the meaning of 40(2A) of the Principal Act, an environmental impact statement was submitted to the Environmental Protection Agency before 16 May 2017, the Principal Act and the Regulations of 2004 shall continue to apply as if these Regulations had not come into operation.

(2) In this Regulation, “environmental impact statement” means a statement of the direct and indirect effects that a proposed development will have or is likely to have on the environment and includes the information specified in Annex IV to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 .

Interpretation

3. In these Regulations -

“Principal Act” means the Waste Management Act 1996 (No. 10 of 1996);

“Regulations of 2004” means the Waste Management (Licensing) Regulations 2004 (S.I. 395 of 2004).

Environmental impact assessment report

4. The Principal Act is amended -

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

(b) by the substitution of “such report” for “such statement” in each place where it occurs.

Amendment of section 2 of Principal Act

5. Section 2 of the Principal Act is amended in the Table to that section by the insertion of “, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 ” after the reference to “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”.

Amendment of section 5 of Principal Act

6. Section 5 of the Principal Act is amended -

(a) in subsection (1), by -

(i) the insertion of the following definition after the definition of “development”:

“ ‘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 ;”,

(ii) the insertion of the following definition after the definition of “environmental impact assessment”:

“ ‘environmental impact assessment report’ shall be construed in accordance with section 40(2A);”, and

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

and

(b) by the substitution of the following subsection for subsection (3B):

“(3B) Subject to this Act, a word or expression that is used in this Act and that is also used in the EIA Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.”.

Amendment of section 15 of Principal Act

7. Section 15 of the Principal Act is amended by the insertion of the following subsection after subsection (1):

“(1A) Each local authority and the Agency shall carry out, or cause to be carried out, such monitoring of compliance with environmental conditions attached to a waste licence under section 41(2A) or section 41(2B) as it considers to be necessary having regard to the nature, location and size of the activity and the significance of its effects on the environment.”.

Amendment of section 40 of Principal Act

8. Section 40 of the Principal Act is amended -

(a) in subsection (2)(b)(ii) -

(i) by the insertion, in clause (I), of “this Part, or with” after “and in accordance with”, and

(ii) by the insertion, in clause (III), of “this Part, or with” after “and in accordance with”,

and

(b) in subsection (2A) -

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

“ ‘environmental impact assessment’ in relation to an application for a waste licence, means a process in respect of the proposed activity -

(i) consisting of -

(I) the preparation of an environmental impact assessment report in accordance with section 40(2A)(d),

(II) the carrying out of consultation with the public, public authorities and where applicable, another Member State,

(III) the examination by the Agency of the information presented in the environmental impact assessment report, any supplementary information provided by the applicant in accordance with section 40(2A)(e) and any relevant information received in written submissions made in accordance with regulations under section 45, or objections made to the Agency under section 42(3),

(IV) the reaching by the Agency of a reasoned conclusion on the significant effects of the proposed activity on the environment, and

(V) the integration by the Agency of its reasoned conclusion into its decision under section 42(11A),

and

(ii) including an examination by the Agency to identify, describe and assess the direct and indirect significant effects of the proposed activity, including the expected 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 19923 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 200944 ,

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

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

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

(ii) by the insertion, in paragraph (a), of the following definition after the definition of “environmental impact assessment”:

“ ‘environmental impact assessment report’ means a report prepared by competent experts which contains the following information:

(i) a description of the proposed activity comprising information on the site, design, size and other relevant features of the activity;

(ii) a description of the likely significant effects of the proposed activity on the environment;

(iii) a description of any features of the proposed activity and of any measures envisaged in order to avoid, prevent or reduce and if possible, offset likely significant adverse effects on the environment;

(iv) a description of the reasonable alternatives studied by the applicant which are relevant to the proposed activity and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed activity on the environment;

(v) any additional information specified in paragraph 2 of Schedule 6 to the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) that is relevant to the specific characteristics of the proposed activity and to the environmental features likely to be affected;

(vi) a non-technical summary of the information referred to in subparagraphs (i) to (v);

(vii) a reference list detailing the sources used for the descriptions and assessments included in the report.”,

(iii) by the insertion of the following paragraph after paragraph (a):

“(aa) In carrying out an environmental impact assessment under this subsection, the Agency shall, where appropriate, coordinate the assessment with any assessment of the proposed activity under Council Directive 92/43/EEC of 21 May 19923 or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20094 .”,

(iv) by the substitution of the following paragraph for paragraph (c):

“(c) Subject to paragraph (b) and section 42(1A) to (1l), an environmental impact assessment shall be carried out by the Agency in respect of an application for a waste licence relating to an activity, where development comprising or for the purpose of the activity is:

(i) of a class specified in Part 1 or Part 2 of Schedule 5 to the Planning and Development Regulations, 2001 and either -

(I) such development would equal or exceed, as the case may be, any relevant quantity, area or other limit specified in Part 1 or Part 2, or

(II) no quantity, area or other limit is specified in that Part in respect of the development concerned,

or

(ii) of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 but does not equal or exceed, as the case may be, the relevant quantity, area or other limit specified in that Part and the Agency, in exercise of the powers conferred on it by regulations under section 45, determines that the proposed activity is likely to have significant effects on the environment.”,

(v) by the substitution of the following paragraph for paragraph (d):

“(d) Subject to section 42(1A) to (1l), an applicant for a waste licence shall submit an environmental impact assessment report to the Agency in respect of an application that is subject to an environmental impact assessment under paragraph (c) and where applicable, such report shall -

(i) with a view to avoiding duplication of assessments, take into account the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation, and

(ii) be based on an opinion issued by the Agency in accordance with regulations under section 45.”,

(vi) by the insertion, in paragraph (e), of “, including information specified in paragraph 2 of...