Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

Public notice of Minister’s decision to grant or refuse to grant relevant licence

39. (1) The Minister shall, as soon as is practicable following the making of a decision in relation to whether or not to grant a relevant licence after carrying out an EIA under this Chapter (but, in any case, not later than 3 working days after making that decision)—

(a) publish a notice of the decision in at least one national newspaper,

(b) arrange to make the EIAR submitted under this Chapter and information on the decision available for inspection by members of the public during a period specified by the Minister, and

(c) make the notice referred to in paragraph (a), and the EIAR and information referred to in paragraph (b), available for inspection—

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

(ii) on the EIA portal.

(2) Information made available under subsection (1)(b) and (c) shall include the following:

(a) the content of the relevant licence, if granted, including any conditions attached to the licence;

(b) the Minister’s evaluation of the significant direct and indirect effects of the relevant works on the factors specified in points (a) to (d) of Article 3.1 of the EIA Directive and on the interaction of those factors;

(c) having examined the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision (including any conditions attached to the relevant licence) is based, including information about the public participation process (including a summary of the results of the consultations and the information gathered pursuant to the Transboundary Convention and Articles 5 to 7 of the EIA Directive and how those results have been incorporated in the decision or otherwise addressed, in particular the comments received from the affected Transboundary State referred to in section 38);

(d) a description, where necessary, of the main measures to be taken to avoid, prevent, reduce and, if possible, offset the significant adverse effects on the environment and the main measures to be taken to monitor the implementation of the first-mentioned measures;

(e) information for the public on the procedures available to review the substantive and procedural legality of the decision.