S.I. No. 222/1988 - Local Government (Roads and Motorways) Act, 1974 (Prescribed Forms) (Amendment) Regulations, 1988.

S.I. No. 222 of 1988.

LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 (PRESCRIBED FORMS) (AMENDMENT) REGULATIONS, 1988.

The Minister for the Environment in exercise of the powers conferred on him by section 14 of the Local Government (Roads and motorways) Act, 1974 , hereby makes the following Regulations:—

1. These Regulations may be cited as the Local Government (Roads and Motorways) Act, 1974 (Prescribed Forms) (Amendment) Regulations, 1988.

2. In these Regulations—

"the Act" means the Local Government (Roads and Motorways) Act, 1974 (No. 6 of 1974):

"the 1977 Regulations" means the Local Government (Roads and Motorways) Act, 1974 (Prescribed Forms) Regulations, 1977 ( S.I. No. 395 of 1977 ).

3. The Form in the First Schedule to these Regulations is hereby substituted for Form No. 2 in the Schedule to the 1977 Regulations.

4. Form No. 5 in the Second Schedule to these Regulations or a form substantially to the like effect shall be the prescribed form for the purposes of subsection (1A) of section 5 of the Act.

FIRST SCHEDULE

FORM NO. 2

FORM OF NOTICE OF THE MAKING OF A SCHEME FOR THE PROVISION OF A MOTORWAY UNDER SECTION 4 (1) AND OF THE PREPARATION OF AN ENVIRONMENTAL IMPACT STUDY UNDER SECTION 4 (3) OF THE LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 , TO BE PUBLISHED IN ACCORDANCE WITH SECTION 5 OF THE ACT.

SCHEME FOR PROVISION OF A MOTORWAY

ENVIRONMENTAL IMPACT STUDY

The ............................................................ .. (hereinafter referred to as "the road authority") in exercise of the powers conferred on them by section 4 of the Local Government (Roads and Motorways) Act, 1974 have made a scheme entitled as above for the purpose of providing a motorway from(1)⁽¹⁾ ........................... to .................... and have prepared an environmental impact study of the proposed motorway. The scheme and study are about to be submitted to the Minister for the Environment for approval of the scheme.

If approved by the Minister after the holding of a public local inquiry under section 6 (1) of the Act, the scheme will have the same effect as if it were a compulsory purchase order in respect of the land proposed to be acquired which, consequent on a decision made by the road authority pursuant to section 10 (1) of the Local Government (No. 2) Act, 1960 , has been duly made and confirmed and the road authority will thereupon be authorised:—

( a ) to acquire compulsorily the land described in the First Schedule hereto,

( b ) to extinguish the public right(s) of way described in the Second Schedule hereto, by order made after the acquisition of the land over which there is/are the said public right(s) of way,

( c ) to close, stop up, remove, alter or divert any existing means of access to the motorway from the land described in Part I of the Third Schedule hereto,

( d ) by notice under section 8 of the Act to suspend, revoke or modify planning permissions in respect of the lands referred to in Part II of the third Schedule hereto.

It is provided that before approving a scheme submitted to him the Minister shall cause to be held a public local inquiry into all matters relating to the scheme (including the environmental impact of the proposed motorway) and shall consider the report of the person who conducted the inquiry, any objections to the scheme which have been made to him and which have not been withdrawn, the environmental impact study and any submissions made to him in relation to the environmental impact of the proposed motorway.

Written submissions may be made to the Minister for the Environment in relation to the environmental impact of the proposed motorway and should be addressed to the Minister for the Environment at the Custom House, Dublin.

A copy of the scheme, the map referred to therein and the environmental impact study may be inspected at ............................. between the hours of ............. and ....... on the normal working days of the road authority.

FIRST SCHEDULE⁽²⁾

SECOND SCHEDULE⁽²⁾

THIRD SCHEDULE⁽²⁾

Dated this ....................................	day of .......................................		19 ........

		............................................................ .............................
		County Secretary or Town Clerk

NOTES
⁽¹⁾ Describe the places between which it is proposed to provide the motorway.
⁽²⁾ Insert description(s) as in schedule(s) to Form No. 1.

SECOND SCHEDULE

FORM NO. 5

FORM OF NOTICE UNDER SECTION 5 (1A) OF THE LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974 .

(1)
ENVIRONMENTAL IMPACT ASSESSMENT
To ............................................................ ...............
of ............................................................ ................
............................................................ .......... ⁽²⁾
The ............................................... ⁽³⁾in exercise of the powers conferred on them by section 4 of the Local Government (Roads and Motorways) Act, 1974 have made a scheme entitled as above for the purpose of providing a motorway from ⁽⁴⁾ ................. to .......................... and have prepared an environmental impact study of the proposed motorway. The scheme and study are about to be submitted to the Minister for the Environment for approval of the scheme.
It is provided that before approving a scheme submitted to him the Minister shall cause to be held a public local inquiry into all matters relating to the scheme (including the environmental impact of the proposed motorway) and shall consider the report of the person who conducted the inquiry, any objections to the scheme which have been made to him and which have not been withdrawn, the environmental impact study and any submissions made to him in relation to the environmental impact of the proposed motorway.
Written submissions may be made to the Minister for the Environment in relation to the environmental impact of the proposed motorway and should be addressed to the Minister for the Environment at the Custom House, Dublin.
Dated this .............................................	day of ............................................................ .............		19
		............................................................ .....................
		County Secretary or Town Clerk

NOTES
⁽¹⁾Insert title of scheme as in paragraph 6 of Form No. 1.
⁽²⁾Insert the name and address of the body or person specified by or under section 5 (1A) of the Local Government (Roads and Motorways) Act, 1974 .
⁽³⁾Insert the name of the road authority.
⁽⁴⁾Describe the places between which it is proposed to provide the motorway.

GIVEN under the Official Seal of the Minister for the Environment

this 6th day of September, 1988.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations amend the 1977 Regulations prescribing the forms to be used by a road authority in connection with the preparation and submission to the Minister of a scheme for the provision of a motorway to include the environmental impact study required under the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 ( S.I. No. 221 of 1988 ).