Minerals Development Act 2017
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Public participation in decisions authorising certain activities | ||
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203. (1) Where the Minister determines under section 202 (1) that a decision under this Act may permit an activity which may have a significant effect on the environment, the Minister shall give public notice in accordance with this section that the Minister proposes to make the decision concerned and shall consider any matters that meet the requirements of subsection (3). | ||
(2) The Minister shall, for the purposes of subsection (1)— | ||
(a) deposit in the offices of the Department of Communications, Climate Action and Environment and in one or more places to which members of the public have access that are in the vicinity of the area to be subject to the decision, a map showing the boundaries of that area, together with the information relevant to the proposed decision, and | ||
(b) publish on the website of the Department of Communications, Climate Action and Environment, in a national newspaper and in at least one newspaper circulating in the vicinity of that area a notice describing the nature of the decision and stating that— | ||
(i) the Minister proposes to make the decision, | ||
(ii) a map showing the boundaries of that area to be subject to the decision, together with the information relevant to the proposed decision may be viewed at the places at which they have been deposited in accordance with paragraph (a), and | ||
(iii) the public may send written comments, information, analyses and opinions that meet the requirements of subsection (3) to the Minister at an address specified in the notice. | ||
(3) The Minister shall consider any comments, information, analyses and opinions that— | ||
(a) are in writing and have been delivered to the address specified in the notice under subsection (2)(b) within 21 days after the date of publication of the notice, and | ||
(b) are relevant to the activity to be permitted by the proposed decision. | ||
(4) In this section “information relevant to the proposed decision” includes— | ||
(a) a copy of the application on which the decision is based, | ||
(b) a description of the site and the physical and technical characteristics of the proposed activity, including an estimate of the expected residues and emissions, | ||
(c) a description of the significant effects of the proposed activity on the environment, | ||
(d) a description of the measures envisaged to prevent or reduce the effects, including emissions, | ||
(e) a non-technical summary of the information referred to in paragraphs (a) to (d), | ||
(f) where relevant, an outline of the main alternatives studied by the person seeking to carry out the activity, | ||
(g) details of any permissions, licences or other forms of authorisations under— | ||
(i) the Planning and Development Acts 2000 to 2016, | ||
(ii) the Environmental Protection Agency Acts 1992 to 2011, | ||
(iii) the Local Government (Water Pollution) Acts 1977 to 2007, | ||
(iv) the Air Pollution Act 1987 , | ||
(v) the Waste Management Acts 1996 to 2011, | ||
(vi) the Waste Management (Management of Waste from the Extractive Industries) Regulations 2009, or | ||
(vii) the European Communities (Birds and Natural Habitats) Regulations 2011, | ||
and | ||
(h) the main reports and advice that have been issued to the Minister at the time of the notification referred to in subsection (2)(b). | ||
(5) Notwithstanding this section, the Minister may, taking into account the public interest served by disclosure and whether the information concerned relates to emissions into the environment, refuse to disclose any information if the disclosure would adversely affect— | ||
(a) the confidentiality of the proceedings of public authorities, where such confidentiality is provided for under any enactment, | ||
(b) international relations, national defence or public security, | ||
(c) the administration of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature, | ||
(d) the confidentiality of commercial and industrial information, where such confidentiality is protected by law in order to protect a legitimate economic interest (within this framework, information on emissions which is relevant for the protection of the environment shall be disclosed), | ||
(e) intellectual property rights, | ||
(f) the confidentiality of personal data or files relating to an individual where that person has not consented to the disclosure of the information to the public, where such confidentiality is provided under any enactment, | ||
(g) the interests of a third party that has supplied the information requested without that party being under or capable of being put under a legal obligation to do so, and where that party does not consent to the release of the material, or | ||
(h) the environment to which the information relates, such as the breeding sites of rare species. |