Development (Emergency Electricity Generation) Act 2022
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Decision of Minister | ||
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7. (1) The Minister may, having considered an application made to him or her under section 4 for an approval under this section, having taken into account the assessments carried out by the Board under sections 5 (2) and 6 (1) and any conditions recommended by the Board arising from those assessments, including but not limited to conditions relating to mitigation measures, and having regard to the purpose referred to in section 2 (1)— | ||
(a) approve the designated development, | ||
(b) refuse to approve the designated development, or | ||
(c) approve the designated development subject to such conditions as he or she considers appropriate, including but not limited to conditions relating to mitigation measures. | ||
(2) An approval under subsection (1)(a) or (c) may, further to a recommendation made by the Board under section 6 (2), include a derogation for the purpose of Article 16 of the Habitats Directive in respect of the designated development and the Minister shall inform the Minister for Housing, Local Government and Heritage of any such derogation, if granted, and such derogation shall be included in a report provided to the European Commission under Regulation 54(6) of the Regulations of 2011. | ||
(3) Before making a decision under subsection (1)(a) or (c), the Minister shall give notice to the European Commission stating that the designated development is exempt from the provisions of the Environmental Impact Assessment Directive in accordance with subsection (1) of section 5 , of the reasons for the exemption as specified in that subsection, and of the carrying out of an assessment under section 5 (2), together with a copy of any information made available to the members of the public in relation to that assessment. | ||
(4) Notice of a decision of the Minister under subsection (1)(a) or (c) and of the reasons for the decision, and stating that the designated development is exempt from the provisions of the Environmental Impact Assessment Directive in accordance with subsection (1) of section 5 and the reasons for the exemption as specified in that subsection, shall, as soon as may be, be published in Iris Oifigiúil, on a website maintained by or on behalf of the Minister and in at least one daily newspaper published in the State. |