Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Carrying out of EIA by Minister, etc., and grant or refusal to grant relevant licence | ||
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37. (1) The Minister shall not grant a relevant licence other than where the requirements of this Chapter, including any requirement placed on the applicant by the Minister under this Chapter, have been complied with. | ||
(2) In carrying out an EIA under this Chapter, the Minister shall take into account the following: | ||
(a) the EIAR which was submitted to the Minister; | ||
(b) any further information submitted to the Minister under this Chapter; | ||
(c) any submissions made under this Chapter in relation to the environmental effects of the proposed relevant works; | ||
(d) the views (if any) provided by any other Transboundary State under this Chapter. | ||
(3) Where an EIA has been carried out by the Minister under this Chapter, the Minister shall, in deciding whether or not to grant a relevant licence, duly take into account the following: | ||
(a) the EIA and its results and findings; | ||
(b) the EIAR which was submitted to the Minister; | ||
(c) any further information submitted to the Minister under this Chapter; | ||
(d) any submissions made under this Chapter in relation to the environmental effects of the proposed relevant works; | ||
(e) the views (if any) provided by any other Transboundary State under this Chapter. | ||
(4) In carrying out an EIA under this Chapter, the Minister may take into account any reports prepared by his or her officers, agents or servants or by any consultants or advisors engaged by the Minister, whether or not for valuable consideration, for the purpose of assisting him or her in the performance of his or her functions under this Chapter. | ||
(5) Where an EIA has been carried out by the Minister under this Chapter, the Minister may, in deciding whether or not to grant a relevant licence, take into account any reports prepared by his or her officers, servants or agents or by any consultants or advisors engaged by the Minister, whether or not for valuable consideration, for the purpose of assisting him or her in the performance of his or her functions under this Chapter. | ||
(6) (a) Subject to paragraph (b), where, following the carrying out of an EIA under this Chapter, the Minister exercises his or her discretion to grant a relevant licence, the Minister may attach to such licence any conditions (in this subsection referred to as the “relevant conditions”) which the Minister considers necessary to avoid, prevent, reduce and, if possible, offset the significant adverse effects on the environment of the proposed relevant works. | ||
(b) Subject to paragraph (c), the Minister shall include, in the relevant conditions, additional conditions which provide for the monitoring (whether by existing or new monitoring arrangements or a combination thereof) of— | ||
(i) the measures implemented by the relevant conditions to avoid, prevent, reduce and, if possible, offset the significant adverse effects on the environment of the relevant works, and | ||
(ii) any significant adverse effects on the environment of the relevant works. | ||
(c) The Minister shall ensure that the types of parameters monitored and the duration of the monitoring are proportionate to the nature, site and size of the project concerned and the significance of the project’s effects on the environment. | ||
(7) Subsection (6) is without prejudice to any other power of the Minister under this Act to attach conditions to a licence. | ||
(8) Subsections (3), (5) and (6) shall have effect notwithstanding any provision of Part 7 relating to the matters to be considered by the Minister in the exercise of his or her discretion as to whether or not to grant a relevant licence. |