Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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Relevant works at, etc., relevant monument to be subject to EIA

34. (1) The Minister shall, in accordance with subsection (2), and as part of his or her consideration of a relevant application, ensure that, before the application is determined, proposed relevant works likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location (or any combination thereof) are made subject to an EIA.

(2) (a) An EIA shall be carried out by the Minister in respect of a relevant application where the proposed relevant works would—

(i) be of a class specified in Part 1 of Schedule 5 to the Planning and Development Regulations 2001 and—

(I) such works would exceed any relevant quantity, area or other limit specified in that Part, or

(II) no quantity, area or other limit is specified in that Part in respect of such works,

(ii) be of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 and—

(I) such works would exceed any relevant quantity, area or other limit specified in that Part, or

(II) no quantity, area or other limit is specified in that Part in respect of such works,

or

(iii) consist of development referred to in Regulation 13(2)(a) or (b) of the Regulations of 2017.

(b) An EIA shall be carried out by the Minister in respect of a relevant application where the proposed relevant works, if carried out, would result in the demolition of a relevant monument to which special protection applies.

(c) An EIA shall be carried out by the Minister in respect of a relevant application where the proposed relevant works—

(i) would be of a class specified in Part 2 of Schedule 5 to the Planning and Development Regulations but do not exceed the relevant quantity, area or other limit specified in that Part,

(ii) consist of an activity within the meaning of Regulation 2(1) of the Regulations of 2011, or

(iii) consist of a development within the meaning of Regulation 12 of the Regulations of 2017,

and the Minister determines, pursuant to section 33 , that such works would be likely to have significant effects on the environment.

(3) The applicant shall, where the Minister is required by subsections (1) and (2) to carry out an EIA in respect of the relevant application, submit to the Minister an EIAR in respect of the proposed relevant works.

(4) Where the applicant has not submitted an EIAR to the Minister in accordance with subsection (3), the Minister shall, by notice in writing given to the applicant, require the applicant to submit to the Minister an EIAR in respect of the proposed relevant works and the applicant shall, as soon as is practicable after being given that notice, comply with that requirement.

(5) (a) Subject to paragraphs (b) to (d), an EIAR submitted to the Minister under this Chapter shall include, in relation to the proposed relevant works, at least the following information:

(i) a description of the project comprising information on the site, design, size and other relevant features of the project;

(ii) a description of the likely significant effects of the project on the environment;

(iii) a description of the features of the project and measures envisaged in order to avoid, prevent or reduce and, if possible, offset the likely significant adverse effects on the environment;

(iv) a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment;

(v) a non-technical summary of the information referred to in subparagraph (i) to (iv);

(vi) any additional information specified in Annex IV of the EIA Directive relevant to the specific characteristics of a particular project or type of project and to the environmental features likely to be affected.

(b) Where a relevant opinion has been given, the EIAR shall be based on that opinion and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects of the project on the environment taking into account current knowledge and methods of assessment.

(c) The applicant shall, with a view to avoiding duplication of EIAs, take into account, in preparing the EIAR, the available results of other relevant assessments under European Union or national law.

(d) The applicant shall ensure that the EIAR is prepared by persons who have sufficient expertise in the matters to be the subject of the EIAR.

(6) Subject to subsections (7) to (11), if the applicant, before submitting the EIAR to the Minister under this Chapter, so requests, the Minister shall, after consulting the applicant, 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, give an opinion in writing on the scope and level of detail of the information to be included in the EIAR.

(7) A request for a relevant opinion shall state the following:

(a) the name, address, telephone number and e-mail address (if any), of the applicant;

(b) the site, townland or postal address of the land on which the relevant monument is situated;

(c) a brief description of the proposed relevant works and of its possible effects on the environment.

(8) Where the Minister considers that he or she has insufficient information to enable him or her to give a relevant opinion, the Minister shall, as soon as is practicable, inform the applicant in writing that he or she is required to submit to the Minister, in writing, specified further information within a specified period, and the applicant shall comply with that requirement.

(9) In dealing with a request for a relevant opinion, the Minister shall have regard to the following:

(a) the information required to enable the Minister to perform his or her function under subsection (1) or to ensure compliance with the EIA Directive;

(b) the consultations under subsection (6);

(c) any information provided under subsection (7) and any further information submitted under subsection (8).

(10) The relevant opinion shall indicate the extent to which the additional information specified in Annex IV of the EIA Directive should be contained in the EIAR concerned.

(11) The giving by the Minister of the relevant opinion shall not prevent the Minister from requiring an applicant to submit further information under this Chapter.