Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Submissions on EIAR may be made to Minister

35. (1) Subject to subsection (2), where the applicant is required under this Chapter to submit an EIAR to the Minister, he or she shall, not more than 2 weeks before so submitting the EIAR, publish a notice of his or her intention to do so—

(a) in at least one national newspaper,

(b) on that part of the website of the Department set aside for that purpose, and

(c) on the EIA portal.

(2) A notice under subsection (1) shall state the following:

(a) the name of the applicant required to submit the EIAR;

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

(c) the nature and extent of the proposed relevant works;

(d) that an EIAR in relation to the proposed relevant works will be submitted to the Minister under this Chapter;

(e) that the EIAR will be available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient site as the Minister may specify;

(f) that the Minister, when he or she receives the EIAR, will make the EIAR available for inspection, for at least 5 weeks—

(i) on that part of the internet website of the Department set aside for that purpose, and

(ii) on the EIA portal;

(g) that submissions in relation to the EIAR may be made in writing to the Minister within the 5 weeks referred to in paragraph (f).

(3) The Minister shall specify such arrangements as he or she considers appropriate to allow the matters referred to in paragraph (e), (f) and (g) of subsection (2) to have effect.

(4) When submitting an EIAR to the Minister under this Chapter, the applicant shall accompany it with a copy of the relevant page of the national newspaper in which a notice under subsection (1) was published.

(5) Where it appears to the Minister that a notice published under subsection (1)

(a) does not comply with one or more than one of the requirements of that subsection or subsection (2), or

(b) because of its content or for any other reason, is misleading or inadequate for the information of the public,

the Minister shall, by notice in writing given to the applicant, require the applicant to publish a further notice in the manner specified by the Minister and to provide to the Minister evidence that that further notice has been so published, and the applicant shall comply with those requirements.

(6) Where the applicant submits an EIAR to the Minister under this Chapter, the Minister, for consultation purposes, shall, as soon as is practicable following receipt of the EIAR, send a copy of the EIAR to the Board, the local authority in whose functional area the relevant monument is situated, the regional assembly in whose administrative area such monument is situated and any other person that the Minister considers appropriate in the circumstances.

(7) The Minister shall, when sending an EIAR to a person under subsection (6), inform the person that submissions in relation to the EIAR may be made in writing to the Minister within the 5 weeks referred to in subsection (2)(f).