Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
|
Exemption from requirements of sections 32 to 39 or 34 to 39 | ||
|
40. (1) A person may, before making an application for consent for relevant works, request the Minister to grant an exemption in respect of the relevant works from the requirements of sections 32 to 39 or 34 to 39 , as appropriate, and the Minister may, subject to this section, grant such exemption. | ||
(2) Before determining an application under subsection (1), the Minister shall— | ||
(a) invite the local authority in whose functional area the person proposes to carry out the relevant works, after having first consulted with the authority’s elected members from the relevant municipal district or local electoral area (within the meaning of section 2 of the Act of 2001), to make (within such period as the Minister may specify) observations to the Minister in relation to the request, | ||
(b) consider whether any other state party to the Transboundary Convention should be informed about the relevant works and, if the Minister considers that it should, invite such state party to make (within such period as the Minister may specify) observations to the Minister in relation to the request, and | ||
(c) consider any such submissions made and any submissions made by the person in his or her application. | ||
(3) The Minister shall not grant an exemption under this section unless he or she is satisfied that— | ||
(a) exceptional circumstances warrant the granting of such exemption, | ||
(b) the requirement to comply with sections 32 to 39 or 34 to 39 , as appropriate, in relation to the proposed relevant works would adversely affect the purpose of the relevant works, and | ||
(c) the objectives of the EIA Directive are capable of being achieved by other means, in particular by the carrying out of any other form of assessment of the effects of the relevant works required by law in relation to the relevant works. | ||
(4) Where the Minister grants an exemption under this section, he or she shall, as soon as may be thereafter— | ||
(a) publish a notice of the grant and the reasons therefor— | ||
(i) on the website of the Department, and | ||
(ii) in a national newspaper, | ||
(b) give notice in writing of the grant and the reasons therefor to— | ||
(i) the local authority in whose functional area the relevant works are proposed to be located, | ||
(ii) any state party to the Transboundary Convention which the Minister invited to make observations in accordance with subsection (2), and | ||
(iii) the European Commission, | ||
before the Minister makes a determination in relation to the application for consent for the relevant works to which the exemption applies. | ||
(5) The Minister shall not grant consent for any relevant works in respect of which an application under this section is pending before the Minister and, if the Minister purports to grant a consent in contravention of this subsection, the consent shall not be valid. | ||
(6) Where the Minister— | ||
(a) is satisfied that the carrying out of relevant works or part of relevant works is for the sole purpose of the defence of the State or responding to a civil emergency, and | ||
(b) considers that the application of this Part to the relevant works or such part of the relevant works would adversely affect that purpose, | ||
he or she may, by order, declare that this Part shall not apply to the relevant works or such part of the relevant works. | ||
(7) This Chapter shall not apply to relevant works or part of relevant works— | ||
(a) in respect of which an exemption has been granted under this section, or | ||
(b) declared by order under subsection (6) not to apply to that relevant works or such part. |