European Union (Waste Water Discharge) Regulations 2020.

JurisdictionIreland
CitationIR SI 214/2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th June, 2020.

CONTENTS

PART I PRELIMINARY AND GENERAL MATTERS

Section

1. Citation, collective citations and construction

2. Commencement

3. Interpretation

4. Repeals

PART II AMENDMENT OF PLANNING AND DEVELOPMENT ACT 2000

5. Amendment of Planning and Development Act 2000

PART III AMENDMENT OF PRINCIPAL REGULATIONS

CHAPTER I AMENDMENT OF PART I OF PRINCIPAL REGULATIONS

6. Amendment of Regulation 2

7. Substitution of Regulation 3

CHAPTER II AMENDMENT OF PART II OF PRINCIPAL REGULATIONS

8. Amendment of Regulation 5

9. Amendment of Regulation 6

10. Amendment of Regulation 7

CHAPTER III AMENDMENT OF PART III OF PRINCIPAL REGULATIONS

11. Amendment of Regulation 9

12. Amendment of Regulation 10

13. Amendment of Regulation 11

14. Amendment of Regulation 14

15. Amendment of principal Regulations – insertion of Regulations 14A and 14B

CHAPTER IV AMENDMENT OF PART IV OF PRINCIPAL REGULATIONS

16. Amendment of Regulation 16

17. Substitution of Regulation 17

18. Amendment of principal Regulations - insertion of Regulations 17A – 17D

19. Amendment of Regulation 18

20. Amendment of principal Regulations – insertion of Regulation 18A

CHAPTER V AMENDMENT OF PART V OF PRINCIPAL REGULATIONS

21. Amendment of Regulation 19

22. Amendment of Regulation 21

23. Substitution of Regulation 22

24. Amendment of principal Regulations – insertion of Regulations 22A and 22B

CHAPTER VI AMENDMENT OF PRINCIPAL REGULATIONS – INSERTION OF PART VA

25. Insertion of Part VA

CHAPTER VII AMENDMENT OF PART VI OF PRINCIPAL REGULATIONS

26. Amendment of principal Regulations – insertion of Regulation 24A

27. Substitution of Regulation 25

CHAPTER VIII AMENDMENT OF PART VII OF PRINCIPAL REGULATIONS

28. Amendment of Regulation 28

29. Amendment of Regulation 29

30. Amendment of Regulation 30

31. Amendment of Regulation 31

32. Amendment of principal Regulations – insertion of Regulation 31A

33. Amendment of Regulation 34

34. Amendment of Regulation 36

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 purposes 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 of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment, hereby make the following regulations:

PART I

PRELIMINARY AND GENERAL MATTERS

Citation, collective citations and construction

1. (1) These Regulations may be cited as the European Union (Waste Water Discharge) Regulations 2020.

(2) Part II shall be included in the collective citation “Planning and Development Acts 2000 to 2020” and shall be construed together as one.

(3) The Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 ), the Waste Water Discharge (Authorisation) (Amendment) Regulations 2010 ( S.I. No. 231 of 2010 ), the Waste Water Discharge (Authorisation) (Environmental Impact Assessment) Regulations 2016 ( S.I. No. 652 of 2016 ) and these Regulations, other than Part II, may be collectively cited as the European Union (Waste Water Discharge) Regulations 2007 to 2020.

Commencement

2. These Regulations shall come into operation on 30 June 2020.

Interpretation

3. In these Regulations, save where the context otherwise requires, “principal Regulations” means the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 ).

Repeals

4. Regulation 2, other than the definition of “principal Regulations”, and Regulations 3 and 4 of the Waste Water Discharge (Authorisation) (Environmental Impact Assessment) Regulations 2016 ( S.I. No. 652 of 2016 ) are repealed.

PART II

AMENDMENT OF PLANNING AND DEVELOPMENT ACT 2000

Amendment of Planning and Development Act 2000

5. The Planning and Development Act 2000 is amended by the insertion of the following section:

“Environmental impact assessment relating to waste water discharges

173C (1) Where a planning authority or the Board is considering an application for permission referred to in subparagraph (a) of paragraph (3A) (inserted by subparagraph (b) of Regulation 16 of the Regulations of 2020) of Regulation 16 of the Regulations of 2007, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with –

(a) the confirmation first-mentioned in the said subparagraph (a), and

(b) in circumstances where an environmental impact assessment in relation to the application is not required, the confirmation referred to in clause (ii) of the said subparagraph (a).

(2) Where a planning authority or the Board grants a permission referred to in subparagraph (b) of paragraph (3A) of Regulation 16 of the Regulations of 2007 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted and not later than 3 working days from the date of the request, provide that person with the confirmation referred to in clause (ii) of the said subparagraph (b).

(3) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (6) (inserted by Regulation 22 of the Regulations of 2020) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

(b) The Board shall comply with a request under subparagraph (a) of paragraph (6) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

(4) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (7) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

(b) The Board shall comply with a request under subparagraph (a) of paragraph (7) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

(5) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (8) of Regulation 21 of the Regulations of 2007 within the period specified in that subparagraph.

(b) The Board shall comply with a request under subparagraph (a) of paragraph (8) of Regulation 21 of the Regulations of 2007 within the period specified in that subparagraph.

(6) Where a planning authority or the Board is considering an application for permission referred to in subparagraph (a) of paragraph (1) (inserted by Regulation 26 of the Regulations of 2020) of Regulation 24A of the Regulations of 2007, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with –

(a) the confirmation first-mentioned in the said subparagraph (a), and

(b) in circumstances where an environmental impact assessment in relation to the application is not required, the confirmation second-mentioned in that subparagraph.

(7) Where a planning authority or the Board grants a permission referred to in subparagraph (b) of paragraph (1) of Regulation 24A of the Regulations of 2007 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted and not later than 3 working days from the date of the request, provide that person with the confirmation referred to in that subparagraph.

(8) Where a planning authority or the Board is considering an application for permission in respect of development –

(a) belonging to a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001, and

(b) that in its opinion requires an authorisation under the Regulations of 2007,

it shall, for the purpose of making a determination as to whether or not an environmental impact assessment in relation to the application is required, invite the Environmental Protection Agency to make observations within such period as may be specified by the planning authority or the Board, as may be appropriate, in relation to the application, and the planning authority or the Board, as may be appropriate, shall take account of any such observations when making that determination.

(9) A person who –

(a) makes an application for permission to a planning authority or the Board, and

(b) has made an application, or proposes to make an application, to the Agency for –

(i) a licence or review of a licence, or

(ii) a certificate or review of a certificate,

under the Regulations of 2007 in connection with the application referred to in paragraph (a),

shall, when making the application referred to in paragraph (a), inform the planning authority concerned or the Board, as may be appropriate, in writing of his or her having so made the application referred to in paragraph (b) or his or her proposal to make such an application, as the case may be.

(10) In this section –

‘permission’ means –

(a) permission under Part III,

(b) approval for development under section 175, 177AE, 181B, 182B, 182D or 226, or

(c) substitute consent under section 177K;

‘Regulations of 2007’ means the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 );

‘Regulations of 2020’ means the European Union (Waste Water Discharge) Regulations 2020.”.

PART III

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