Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Application for screening for EIA | ||
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32. (1) An applicant for a relevant licence shall make an application in the specified form to the Minister for a screening determination for EIA where the proposed relevant works— | ||
(a) fall within a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) but do not exceed the relevant quantity, area or other limit specified in that Part, | ||
(b) consist of an activity within the meaning of Regulation 2(1) of the Regulations of 2011, or | ||
(c) consist of development within the meaning of Regulation 12 of the Regulations of 2017. | ||
(2) Without prejudice to the generality of section 223 , an application under subsection (1) shall contain— | ||
(a) the name and address of the applicant, | ||
(b) where the applicant is not the owner or occupier of the land the subject of the proposed relevant works, the name and address of the owner and, where the owner is not the occupier of the land, the occupier, | ||
(c) a location map for the proposed relevant works, and | ||
(d) a description of the nature and extent of the proposed relevant works, their characteristics, their likely significant effects on the environment (including the information specified in Annex IIA to the EIA Directive) including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the EIA Directive have been taken into account. | ||
(3) An application under subsection (1) may be accompanied by a description of the features (if any) of the proposed relevant works and the measures (if any) envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment. | ||
(4) An application under subsection (1) shall be accompanied by the prescribed fee (if any). | ||
(5) For the purposes of enabling the Minister to carry out a screening for EIA on foot of an application under subsection (1), he or she may do either or both— | ||
(a) seek further information that he or she considers necessary from the applicant or any other person that the Minister considers appropriate, and | ||
(b) consult the Board, the local authority in whose functional area the relevant monument is situated and the regional assembly in whose administrative area such monument is situated and any other persons who the Minister considers appropriate in the circumstances, | ||
and, where paragraph (a) or (b) applies, the Minister shall specify the period within which the information or views concerned are required to be received by the Minister. | ||
(6) Subject to subsection (7), where the applicant is not the owner or occupier of the land the subject of the proposed relevant works, the Minister shall invite in writing— | ||
(a) the owner to make a submission on an application made under subsection (1), and | ||
(b) where the owner is not the occupier of the land, the occupier of that land to make such a submission, | ||
and, where paragraph (a) or (b) applies, the Minister shall specify the period within which the submission or submissions is or are required to be received by the Minister. | ||
(7) The invitation under subsection (6) shall state that the owner or occupier may provide a description of the features (if any) of the proposed relevant works and the measures (if any) envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the relevant works. | ||
(8) The Minister may reject an application under subsection (1) if, in his or her opinion, the application is incomplete in any material detail. | ||
(9) Where the Minister rejects an application in accordance with subsection (8), he or she shall— | ||
(a) subject to subsection (10), return the documents to which subsection (2) relates to the applicant, and | ||
(b) give reasons for his or her decision to the applicant, | ||
and, where the applicant is not the owner or occupier of the land the subject of the proposed relevant works, the Minister shall also notify the owner and, where the owner is not the occupier of the land, the occupier of his or her decision under subsection (8). | ||
(10) Subsection (9) is without prejudice to the Minister— | ||
(a) making a copy of a document, | ||
(b) retaining an electronic copy of a document, or | ||
(c) by agreement with the applicant concerned, retaining a document, | ||
to which that subsection relates. |