Waste Water Discharge (Authorisation) (Environmental Impact Assessment) Regulations 2016.

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th January, 2017.

I, SIMON COVENEY, Minister for Housing, Planning, Community 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 hereby make the following Regulations:

Citation

1. These Regulations may be cited as the Waste Water Discharge (Authorisation) (Environmental Impact Assessment) Regulations 2016.

Interpretation

2. In these Regulations—

“Agency” means the Environmental Protection Agency;

“application for a licence” means an application made to the Agency for a waste water discharge licence under the principal Regulations and “review of a licence” shall be construed accordingly;

“environmental impact assessment” means an assessment, to include an examination, analysis and evaluation, carried out by the Agency in accordance with these Regulations that shall identify, describe and assess in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of Directive 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, the direct and indirect effects of a proposed activity on the following:

(i) human beings, flora and fauna;

(ii) soil, water, air, climate and the landscape;

(iii) material assets and the cultural heritage;

(iv) the interaction between the factors referred to in paragraphs (i), (ii) and (iii);

“principal Regulations” means the Waste Water Discharge (Authorisation) Regulations 2007 ( S.I. No. 684 of 2007 ).

Screening for Environmental Impact Assessment

3. (1) Where an application is made for a licence or for a review of a licence where no development is required, or where the Agency instigates a review of a licence under Regulation 14 of the principal Regulations, the Agency, as part of its consideration of the application or of the review, shall carry out a screening for an environmental impact assessment before a decision on the application is made.

(2) The Agency shall have due regard to the information provided by the applicant in carrying out screening under this Regulation and may require the applicant, within such period as may be specified by the Agency, to take such steps or furnish such submissions, plans, documents or other information and particulars as the Agency considers necessary.

(3) The Agency shall determine that an environmental impact assessment is required if it cannot be excluded, following screening under this Regulation, that the proposed activity will have a significant effect on the environment by virtue, inter alia, of its nature, size or location.

(4) The Agency shall...