Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Determination of application for screening for EIA | ||
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33. (1) The Minister shall make a screening determination for EIA in respect of the proposed relevant works on the basis of the information provided by the applicant under section 32 (2) and, as the case may be, section 32 (3) taking into account the relevant selection criteria specified in Annex III to the EIA Directive and, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation (other than the EIA Directive). | ||
(2) Where the Minister determines that the proposed relevant works would be likely to have significant effects on the environment, the screening determination for EIA shall specify, with reference to the relevant criteria listed in Annex III to the EIA Directive, the main reasons for that determination. | ||
(3) Where the Minister determines that the proposed relevant works would not be likely to have significant effects on the environment, the screening determination for EIA shall specify, with reference to the relevant criteria listed in Annex III to the EIA Directive, the main reasons for that determination and any of the following that the Minister has relied upon in making the decision: | ||
(a) any features of such works to avoid or prevent significant adverse effects on the environment; | ||
(b) measures proposed by the Minister, the applicant or another person, as the case may be, to avoid or prevent what would otherwise be significant adverse effects on the environment. | ||
(4) (a) Subject to paragraph (b), the Minister shall make his or her screening determination for EIA as soon as possible and within 90 days from the date on which the applicant has submitted to the Minister all the information referred to in section 32 (2) or, as the case may be, section 32 (3). | ||
(b) The Minister may, in exceptional cases, including where the nature, complexity, location or size of the proposed relevant works justifies it, extend the 90 day period referred to in paragraph (a) in order to make his or her determination and in such cases he or she shall inform the applicant (and, where the applicant is not the owner or occupier of the land the subject of the proposed relevant works, the owner and, where the owner is not the occupier of the land, the occupier) in writing of the reasons justifying the extension and of the date when his or her determination is expected. | ||
(5) Where, in consequence of the Minister’s screening determination for EIA, the applicant is not required to submit an EIAR to the Minister, the applicant shall comply with any specified measures relied upon by the Minister in accordance with subsection (3)(b) to make a determination. | ||
(6) The Minister shall publish a notice of (and containing) his or her screening determination for EIA (including the matters referred to in subsection (2) or (3), as the case may be) on the website of the Department and in such other (if any) form or manner as he or she considers appropriate, together with information on the procedure for seeking to have the decision judicially reviewed. |