Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
|
Minister’s consideration of EIAR and power to require further action by applicant for relevant licence | ||
|
36. (1) (a) The Minister shall consider whether an EIAR submitted under this Chapter to him or her— | ||
(i) complies with the requirements of this Chapter, | ||
(ii) complies with the relevant opinion, and | ||
(iii) identifies and describes adequately the significant direct and indirect effects on the environment of the proposed relevant works. | ||
(b) The Minister shall ensure that he or she has access, or has access as necessary, to persons who have sufficient expertise in the matters the subject of the EIA. | ||
(c) Where necessary, the Minister may require the applicant to submit to him or her any additional information, specified in Annex IV of the EIA Directive, which is directly relevant to the Minister reaching the reasoned conclusion on the significant effects of the project on the environment, and the applicant shall comply with that requirement. | ||
(2) Where the Minister considers that an EIAR submitted under this Chapter to him or her— | ||
(a) does not comply with the requirements of this Chapter, | ||
(b) does not comply with the relevant opinion (if any), or | ||
(c) does not identify or describe adequately the direct and indirect effects on the environment of the proposed relevant works, | ||
the Minister shall require the applicant to submit to him or her any further information that the Minister considers necessary for the purpose of remedying the matters concerned referred to in paragraphs (a) to (c), and the applicant shall comply with that requirement. | ||
(3) In addition to any requirement arising under subsection (1)(c) or (2), the Minister shall require the applicant to provide any further information that the Minister considers necessary to enable him or her to carry out an EIA, and the applicant shall comply with that requirement. | ||
(4) The Minister shall give notice in writing to the applicant of any requirement for further information under subsection (1)(c), (2) or (3) and any notice so given to the applicant shall, where applicable, specify in what way the EIAR does not comply with this Chapter or with a relevant opinion or does not identify or describe adequately the significant direct and indirect effects on the environment of the proposed relevant works. | ||
(5) Where the Minister considers that further information submitted under subsection (1)(c), (2) or (3) contains significant additional data in relation to the effects on the environment of the proposed relevant works, the Minister shall, as soon as practicable after receipt of that further information— | ||
(a) send a copy of the further information to any person consulted under section 34 (6) and inform that person that submissions in relation to the further information may be made in writing to the Minister within a specified period, | ||
(b) notify any person who made submissions in relation to the proposed relevant works of the matters specified in subsection (6), and | ||
(c) require the applicant to publish a notice in at least one national newspaper stating the matters specified in subsection (7) (and the applicant shall comply with that requirement). | ||
(6) The matters specified for the purpose of subsection (5)(b) are the following: | ||
(a) that significant additional data in relation to the effects on the environment of the proposed relevant works has been provided to the Minister and that the further information submitted to the Minister containing that data is available for inspection, free of charge or for purchase at a fee not exceeding the reasonable cost of making a copy, at the offices of the Minister or such other convenient site as the Minister may specify; | ||
(b) that the further information is available for inspection— | ||
(i) on that part of the website of the Department set aside for that purpose, and | ||
(ii) on the EIA portal; | ||
(c) that submissions in relation to the further information may be made in writing to the Minister within a period specified by the Minister. | ||
(7) The matters specified for the purpose of subsection (5)(c) are 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) that significant additional data in relation to the effects on the environment of the proposed relevant works has been provided to the Minister and that the further information submitted to the Minister containing that data is available for inspection, free of charge or for purchase at a fee not exceeding the reasonable cost of making a copy, at the offices of the Minster or such other convenient site as the Minister may specify; | ||
(d) that the further information is available for inspection— | ||
(i) on that part of the website of the Department set aside for that purpose, and | ||
(ii) on the EIA portal; | ||
(e) that submissions in relation to the further information may be made in writing to the Minister within a period specified by the Minister. | ||
(8) The Minister shall specify such arrangements as he or she considers appropriate to allow the matters referred to in paragraphs (a), (b) and (c) of subsection (6) and paragraphs (c), (d) and (e) of subsection (7) to have effect. | ||
(9) Where it appears to the Minister that a notice published under subsection (5)(c)— | ||
(a) does not comply with one or more than one of the requirements of that subsection or subsection (7), 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. |