Planning and Development (Strategic Environmental Assessment) Regulations, 2004

• Jurisdiction: Ireland

Table of Contents
Article Articles inserted in 2001 Regulations Content 1 Citation 2 Commencement 3 Interpretation 4 Revocation 5 Amendment of Article 3 of 2001 Regulations 6 Amendment of Article 13 of 2001 Regulations 7 Amendment of Part 3 of 2001 Regulations (Development Plans) 13A Determination of need for environmental assessment of development plan 13B Notice of review of development plan 13C Requirement to prepare environmental report 13D Scoping of environmental report 13E Content of environmental report 13F Transboundary environmental effects 13G Notice of material alteration of draft development plan 13H Decision-making 13I Information on decision 13J Monitoring 13K Determination of need for environmental assessment of variation of development plan 13L Requirement to prepare environmental report 13M Scoping of environmental report 13N Content of environmental report 13O Transboundary environmental effects 13P Decision-making 13Q Information on decision 13R Monitoring 8 Amendment of Part 3 of 2001 Regulations (Local Area Plans) 14A Determination of need for environmental assessment of local area plan 14B Requirement to prepare environmental report 14C Scoping of environmental report 14D Content of environmental report 14E Notice of local area plan and environmental report 14F Transboundary environmental effects 14G Notice of material alteration of local area plan 14H Decision-making 14I Information on decision 14J Monitoring 9 Amendment of Article 15 of 2001 Regulations 10 Amendment of Part 3 of 2001 Regulations (Regional Planning Guidelines) 15A Consultation regarding regional planning guidelines 15B Requirement to prepare environmental report 15C Scoping of environmental report 15D Content of environmental report 15E Transboundary environmental effects 15F Decision-making 15G Information on decision 15H Monitoring 11 Amendment of Part 14 of 2001 Regulations (Planning Schemes) 179A Planning scheme for strategic development zones 179B Scoping of environmental report 179C Content of environmental report 179D Notice of draft planning scheme and environmental report 179E Transboundary environmental effects 179F Decision-making 179G Information on decision 179H Appeal to the Board 179I Information on decision 179J Monitoring 12 Addition of Schedules to 2001 Regulations Schedule 2A Criteria for determining whether a plan is likely to have significant effect on the environment Schedule 2B Information to be contained in an environmental report
S.I. No. 436 of 2004.
PLANNING AND DEVELOPMENT (STRATEGIC ENVIRONMENTAL ASSESSMENT) REGULATIONS 2004.
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 10 (5), 13 (12), 19 (4), 23 (3), 168 (3) and 262 of the Planning and Development Act 2000 (No. 30 of 2000) hereby makes the following Regulations:
	Citation	1. (1) These Regulations may be cited as the Planning and Development (Strategic Environmental Assessment) Regulations 2004.
(2) These Regulations and the Planning and Development Regulations 2001 to 2003 shall be construed as one and may be collectively cited as the Planning and Development Regulations 2001 to 2004.
	Commencement	2. These Regulations shall come into operation on 21 July 2004.
	Interpretation	3. In these Regulations:—
“the 2001 Regulations” mean the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), as amended;
“the 2003 Regulations” mean the Planning and Development (Regional Planning Guidelines) Regulations 2003 ( S.I. No. 175 of 2003 ).
	Revocation	4. Article 6 of the 2003 Regulations is hereby revoked.
	Amendment of Article 3 of 2001 Regulations	5. Article 3 of the 2001 Regulations is hereby amended by—
(a) the insertion, after the definition of “EIS” in sub-article (3), of the following:—
“‘environmental assessment’ means the preparation of an environmental report, the carrying out of consultations, the taking into account of the environmental report and the results of the consultations in decision-making and the provision of information on the decision in accordance with these Regulations;”,
(b) the insertion, after the definition of “Major Accident Regulations” in sub-article (3), of the following:—
“‘Member State’ means any State, other than Ireland, which is a Member State of the European Communities;”,
(c) the insertion, after the definition of “peat extraction” in sub-article (3), of the following:—
“‘plan’ for the purposes of Schedules 2A and 2B, means, where the context requires, a development plan, a variation of a development plan, a local area plan (or an amendment thereto), regional planning guidelines or a planning scheme;”
and
(d) the insertion, after the definition of “regional assembly” in sub-article (3), of the following:—
“the SEA Directive’ means directive 2001/42/EC of the European Parliament and Council of 27 June 2001 (O.J. No. L 197, 21 July 2001) on the assessment of the effects of certain plans and programmes on the environment.”
	Amendment of Article 3 of 2001 Regulations	6. Article 13 of the 2001 Regulations is hereby amended by the insertion after paragraph (o) of the following paragraph—
“(oo) the Environmental Protection Agency.”
	Amendment of Part 13 of 2001 Regulations (Development Plans)	7. Part 3 of the 2001 Regulations is hereby amended by the insertion after article 13 of the following articles—
Determination of need for environmental assessment of development plan “13A. (1) This article applies to a development plan for an area the population of which is less than 10,000 persons. (2) Where a planning authority proposes to prepare a new development plan referred to in sub-article (1), the planning authority shall, prior to giving notice under section 11(1) of the Act, consider whether or not the implementation of a new development plan would be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A. (3) Where the planning authority, following consideration under sub-article (2), determines that the implementation of a new development plan referred to in sub-article (1) would be likely to have significant effects on the environment, sub-articles (4) and (5) shall not apply. (4) (a) Where, following consideration under sub-article (2), a determination under sub-article (3) has not been made by the planning authority, the authority shall give notice in accordance with paragraph (b) to the following environmental authorities— (i) the Environmental Protection Agency, (ii) where it appears to the planning authority that the plan might have significant effects in relation to the architectural or archaeological heritage or to nature conservation, the Minister for the Environment, Heritage and Local Government, and (iii) where it appears to the planning authority that the plan might have significant effects on fisheries or the marine environment, the Minister for Communications, Marine and Natural Resources. (b) A notice under paragraph (a) shall— (i) state that the planning authority intends to review its existing development plan and to prepare a new development plan for its area. (ii) state that the planning authority must determine whether or not the implementation of a new development plan would be likely to have significant effects on the environment and that, in so doing, it must take account of relevant criteria set out in Schedule 2A, and (iii) indicate that a submission or observation in relation to whether or not the implementation of a new development plan would be likely to have significant effects on the environment may be made to the authority within a specified period which shall be not less than 4 weeks from the date of the notice. (5) Following the period specified in sub-article 4(b)(iii), the planning authority shall determine whether or not the implementation of a new development plan would be likely to have significant effects on the environment, taking account of relevant criteria set out in Schedule 2A and any submission or observation received in response to a notice under sub-article (4). (6) As soon as practicable after making a determination under sub-article (3) or (5), the planning authority shall— (a) make a copy of its decision, including, as appropriate, the reasons for not requiring an environmental assessment, available for public inspection at the offices of the planning authority during office hours, and (b) notify its decision to any environmental authority which was notified under sub-article (4). Notice of review of development plan. 13B. Where— (a) the population of the area of a planning authority is 10,000 persons or more, or (b) where the planning authority determines under article 13A(3) or (5) that the implementation of a new development plan would be likely to have significant effects on the environment, (i) the notice under section 11(1) of the Act shall, in addition to the requirements of section 11(2) of the Act, state that— (I) the planning authority proposes to carry out an environmental assessment...