S.I. No. 25/1990 - Local Government (Planning and Development) Regulations, 1990.

S.I. No. 25 of 1990.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1990.

The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), by sections 4 and 78 of that Act as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), by section 25 of that Act as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976) and by the said Regulations, and by section 20 of the Local Government (Planning and Development) Act, 1976 as amended by the said Regulations, hereby makes the following Regulations:—

PART I PRELIMINARY AND GENERAL

1 Citation.

1. (1) These Regulations may be cited as the Local Government (Planning and Development) Regulations, 1990.

(2) These Regulations and the Local Government (Planning and Development) Regulations, 1977 to 1989 may be cited together as the Local Government (Planning and Development) Regulations, 1977 to 1990.

2 Interpretation.

2. (1) In these Regulations, any reference to a Part or article which is not otherwise identified is a reference to a Part or article of these Regulations.

(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(3) In these Regulations:—

"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 ;

"the Act of 1983" means the Local Government (Planning and Development) Act, 1983 (No. 28 of 1983);

"approval" means an approval consequent on an outline permission or an approval which is required to be obtained under a condition subject to which a permission or an approval is granted under the Local Government (Planning and Development) Acts, 1963 to 1983;

"the Board" means An Bord Pleanála;

"environmental impact statement" means a statement of the effects, if any, which proposed development, if carried out, would have on the environment;

"the Environmental Impact Assessment Regulations" means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 );

"the Minister" means the Minister for the Environment;

"outline application" means an application for an outline permission (being a permission for development subject to the subsequent approval of the planning authority);

"planning application" means an application to a planning authority for a permission to develop land and includes—

( a ) an application for permission for the retention of a structure, and

( b ) an application for permission for the continuance of any use of any structure or other land;

"the 1977 Regulations" means the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 );

"the 1982 Regulations" means the Local Government (Planning and Development) (Amendment) Regulations, 1982 ( S.I. No. 342 of 1982 );

"the 1984 Regulations" means the Local Government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984 ( S.I. No. 348 of 1984 ).

(4) In these Regulations, a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.

3 Revocations.

3. Article 13A (as substituted by article 8 of the 1984 Regulations), article 28, article 29 (1) (c) (as substituted by article 9 of the 1982 Regulations) and article 30A (as inserted by article 10 of the 1982 Regulations) of the 1977 Regulations are hereby revoked.

PART II PERMISSION REGULATIONS: SUBMISSION OF ENVIRONMENTAL IMPACT STATEMENTS AND RELATED MATTERS

4 Certain planning applications to be accompanied by environmental impact statement.

4. (1) A planning application in respect of any development of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations, or under any provision amending or replacing the said Article 24, shall, in addition to the requirements of Part IV of the 1977 Regulations, be accompanied by an environmental impact statement.

(2) Sub-article (1) shall not apply to a planning application in respect of which an exemption has been granted by the Minister in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963.

(3) Where the Minister has, in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963, applied other requirements in respect of a proposed planning application to which, had an exemption in accordance with the said subsection (3) not been granted, sub-article (1) would have applied, a planning authority shall, as soon as may be after receipt of notice of the grant of the exemption and of the other requirements applied, by notice in writing inform the person intending to make the planning application that the application will not be considered unless the said requirements have been complied with.

5 Procedure where planning application not accompanied by environmental impact statement.

5. (1) ( a ) Where a planning authority receive a planning application to which the requirement of article 4 (1) applies and the application is not accompanied by an environmental impact statement, they shall, as soon as may be, by notice in writing inform the applicant that the application does not comply with the said requirement and will not be considered until the said requirement has been complied with.

( b ) Where a planning application to which the requirement of article 4 (1) applied was not accompanied by an environmental impact statement and where, before the service of a notice in accordance with paragraph (a), a planning authority receive notice of the grant of an exemption in respect of the application in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963;

(i) a notice in accordance with paragraph (a) shall not be served in relation to the application,

(ii) the planning authority shall, where other requirements were applied in relation to the application in accordance with the said subsection (3), as soon as may be after receipt of notice of the grant of the exemption and of the other requirements applied, by notice in writing inform the applicant that the application will not be considered further until the said requirements have been complied with.

(2) ( a ) A notice in accordance with sub-article (1) (a) shall cease to have effect in relation to a planning application in respect of which an exemption has been granted by the Minister in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963 subsequent to service of the notice, on receipt by the planning authority of notice of the grant of the exemption.

( b ) A planning authority shall, as soon as may be after receipt of notice of the grant of an exemption in respect of a planning application in relation to which a notice has been served in accordance with sub-article (1) (a), by notice in writing inform the applicant of the cesser of the notice served in accordance with sub-article (1) (a), of the date on which the said notice ceased to have effect, and—

(i) where no other requirements have been applied in respect of the application in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963, that the application falls to be dealt with as if the notice in accordance with sub-article (1) (a) had been complied with on that date,

(ii) where other requirements have been applied in respect of the application in accordance with the said subsection (3), that the application will not be considered further until the said requirements have been complied with.

6 Submission of environmental impact statement in respect of certain other planning applications.

6. (1) Where a planning authority receive a planning application in respect of any development which would be of a class referred to in article 4 (1) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where they consider that the development would be likely to have significant effects on the environment, they shall by notice in writing require the applicant to submit an environmental impact statement in respect of the development, and shall state that the application will not be considered further until the notice has been complied with.

(2) ( a ) A notice in accordance with sub-article (1) shall cease to have effect in relation to a planning application in respect of which an exemption has been granted by the Minister in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963, on receipt by the planning authority of notice of the grant of the exemption.

( b ) A planning authority shall, as soon as may be after receipt of notice of the grant of an exemption in respect of a planning application in relation to which a notice has been served in accordance with sub-article (1), by notice in writing inform the applicant of the cesser of the notice served in accordance with sub-article (1), of the date on which the said notice ceased to have effect, and—

(i) where no other requirements have been applied in respect of the application in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963, that the application falls to be dealt with as if the notice in accordance with sub-article (1) had been complied with on that date,

(ii) where other requirements have been applied in respect of the application in accordance with the said subsection (3), that the application will not be considered further until the said requirements have been complied with.

7 Environmental impact statements submitted where notice in accordance with article 6 (1) has not been served.

7. (1) Where a planning application in respect of any development which would be of a class referred to in article 4 (1) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class is accompanied by an environmental impact statement, the planning authority shall deal with the application as if the statement had been submitted in accordance with a requirement of article 4 (1).

(2) A reference in these Regulations to an environmental impact statement submitted or received in accordance with a requirement of article 4 (1) shall include an environmental impact statement to which sub-article (1) applies.

8 Planning applications by local authorities.

8. (1) The provisions of article 4 (1) or article 6 (1) shall not apply to a planning application by a local authority in respect of development which would be located outside the functional area of that local authority.

(2) A planning authority in dealing with a planning application by a local authority in respect of development outside the functional area of that local authority shall have regard, in addition to the matters mentioned in subsection (1) of section 26 of the Act of 1963, to any certification of the proposed development by the Minister in accordance with article 37.

(3) In this article—

"local authority" means the council of a county, the corporation of a county or other borough or the council of an urban district, and

"functional area", in relation to a local authority which is a county council, means the relevant county health district.

9 Content of environmental impact statement.

9. An environmental impact statement submitted in accordance with any provision of this Part shall comply with Article 25 of the Environmental Impact Assessment Regulations, or with any provision amending or replacing the said Article 25.

10 Further information.

10. (1) Where a planning authority receive an environmental impact statement in accordance with any provision of this Part, they shall consider the adequacy of the information contained therein, having regard to the provisions of article 9 and to the particular circumstances of the application.

(2) ( a ) A planning authority may, where they consider it necessary so to do, by notice in writing require an applicant who has submitted an environmental impact statement in accordance with any provision of this Part to furnish such further information in relation to the effects on the environment of the development as they may specify.

( b ) A notice in accordance with paragraph (a) shall state that the application will not be considered further until the notice has been complied with.

11 Restriction of Part III of 1977 Regulations and prescribed development for purposes of section 4 (4) of Act of 1963.

11. (1) Notwithstanding Part III of the 1977 Regulations, and any Regulations amending that Part, development which is of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations, or under any provision amending or replacing the said Article 24, shall not be exempted development for the purposes of the Local Government (Planning and Development) Acts, 1963 to 1983.

(2) The prescribed development for the purposes of section 4 (4) (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963 shall be—

( a ) the use of uncultivated land or semi-natural areas for intensive agricultural purposes, where the area involved would be greater than 100 hectares,

( b ) initial afforestation, where the area involved would be greater than 200 hectares, or the replacement of broadleaf high forest by conifer species, where the area involved would be greater than 10 hectares,

( c ) peat extraction which would involve a new or extended area of 50 hectares or more.

12 Circumstances in which outline planning application may not be made.

12. (1) Notwithstanding the 1977 Regulations, no outline application may be made in respect of—

( a ) the retention on land of any structure or the continuance of any use of any structure or other land,

( b ) development of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations, or under any provision amending or replacing the said Article 24,

( c ) development in relation to which notice is served by a planning authority in accordance with sub-article (2).

(2) Where an outline application is received in respect of development which would be of a class referred to in sub-article (1) (b) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where the planning authority consider that the development would be likely to have significant effects on the environment, they shall, by notice in writing, inform the applicant that an outline application may not be made in respect of that development.

13 Notice of intention in relation to certain planning applications.

13. (1) Notwithstanding article 14 of the 1977 Regulations, notice of a planning application which will be accompanied by an environmental impact statement in accordance with a requirement of article 4 (1) shall be published in a newspaper circulating in the district in which the relevant land or other structure is situate.

(2) A notice in accordance with sub-article (1) shall state, in addition to the matters specified in article 15 of the 1977 Regulations, that the planning application will be accompanied by an environmental impact statement.

14 Additional notice of certain planning applications.

14. (1) An applicant who proposes to submit an environmental impact statement to a planning authority arising from a notice in accordance with article 5 (1) (a) or in accordance with a requirement under article 6(1) shall, before submitting the statement, publish in a newspaper circulating in the district in which the relevant land or other structure is situate notice of his intention to submit the statement.

(2) A notice published in a newspaper in accordance with sub-article (1) shall contain, as a heading, the name of the city, town or county in which the land or structure is situate and shall state—

( a ) the name of the applicant,

( b ) the location of the land or the address of the structure to which the planning application relates (as may be appropriate),

( c ) the date on which the planning application was made,

( d ) that an environmental impact statement will be submitted to the planning authority in connection with the planning application.

(3) An environmental impact statement submitted by an applicant arising from a notice in accordance with article 5 (1) (a) or in accordance with a requirement under article 6 (1) shall be accompanied by a copy of a newspaper in which there has been published a notice in accordance with sub-article (1).

15 Extension of article 23 of 1977 Regulations.

15. The power of a planning authority under article 23 of the 1977 Regulations to require publication of further notice by an applicant shall include power to require publication of such further notice where a notice published by an applicant does not comply with article 13 (2), or where an applicant fails to publish a notice required by article 14.

16 Additional requirement as to planning authority notice.

16. (1) The weekly list of planning applications published by a planning authority in accordance with article 24 of the 1977 Regulations shall indicate those applications, if any, in respect of which an environmental impact statement has been submitted in accordance with a requirement of article 4 (1).

(2) Where an environmental impact statement is received by a planning authority arising from a notice in accordance with article 5 (1) (a) or in accordance with a requirement under article 6 (1), notice of its receipt shall be included in the weekly list next published following its receipt in accordance with article 24 of the 1977 Regulations.

17 Notice to Minister of certain planning applications.

17. (1) A planning authority shall, as soon as may be after receipt of the application, notify the Minister of any planning application—

( a ) in respect of which an environmental impact statement has been submitted in accordance with a requirement of article 4 (1),

( b ) in respect of which they intend to serve a notice in accordance with article 5 (1) (a) or to require, in accordance with article 6 (1), the submission of an environmental impact statement,

and which relates to development likely to have significant effects on the environment in another Member State of the European Communities.

(2) The Minister may, where a planning application in respect of which an environmental impact statement has been submitted in accordance with any provision of this Part relates to development likely to have significant effects on the environment in another Member State of the European Communities, and where that Member State has sought to be consulted, require the planning authority to furnish to him such information or documents concerning the application as he may specify.

18 Additional requirements as to notice to certain bodies.

18. (1) Where an environmental impact statement is received by a planning authority in accordance with any provision of this Part, they shall send a copy of the statement to any body to which they are required by article 25 of the 1977 Regulations (as amended by article 10 of the 1984 Regulations) to give notice of the application.

(2) A copy of an environmental impact statement received by a planning authority in accordance with any provision of this Part shall, in addition to the requirement of sub-article (1), be sent—

( a ) where the application relates to development for the purposes of breeding of salmonid fish, to the Minister for the Marine,

( b ) where it appears to the planning authority that the development would have significant effects on public health, to the appropriate health board,

( c ) where it appears to the planning authority that the development would have significant effects on wildlife, to the Commissioners of Public Works in Ireland,

( d ) where the application relates to extraction of minerals within the meaning of the Minerals Development Acts, 1940 to 1979, to the Minister for Energy.

19 Inspection of environmental impact statements.

19. An environmental impact statement submitted in accordance with any provision of this Part shall be available for public inspection in accordance with article 29 of the 1977 Regulations (as substituted by article 9 of the 1982 Regulations and as amended by these Regulations).

20 Availability for purchase of copies of environmental impact statement.

20. Copies of an environmental impact statement submitted in accordance with any provision of this Part shall be available for purchase during office hours at the offices of the planning authority, for such fee as the planning authority may fix not exceeding the reasonable cost of making the copy.

21 Making of submissions or observations in relation to certain planning applications.

21. Without prejudice to any other right to make submissions or observations to a planning authority in connection with a planning application, any person or body may make submissions or observations to a planning authority in relation to the effects on the environment of development in respect of which an environmental impact statement has been submitted to the authority in accordance with any provision of this Part.

22 Minimum period for determination of planning application.

22. A planning authority shall not decide to grant or to refuse a permission or an approval until after—

( a ) in case the applicant has submitted an environmental impact statement to the authority in accordance with a requirement of article 4 (1):

(i) where the applicant has been required pursuant to article 23 of the 1977 Regulations (as extended by these Regulations) to publish a further notice of the application, the expiration of twenty eight days beginning on the day on which that requirement has been complied with,

(ii) where the applicant has not been required to publish such further notice, the expiration of twenty eight days beginning on the day of receipt by the planning authority of the application,

( b ) in case notice has been served on the applicant in accordance with article 5 (1) (a) or the applicant has been required in accordance with article 6 (1) to submit an environmental impact statement:

(i) where, on receipt by the authority of the statement, the applicant has been required pursuant to article 23 of the 1977 Regulations (as extended by these Regulations) to publish a further notice of the application, the expiration of twenty eight days beginning on the day on which that requirement has been complied with,

(ii) where the applicant has not been required to publish such further notice, the expiration of twenty eight days beginning on the day of receipt by the planning authority of the statement,

( c ) in any other case:

(i) where the applicant has been required pursuant to article 23 of the 1977 Regulations (as extended by these Regulations) to publish a further notice of the application, the expiration of fourteen days beginning on the day on which that requirement has been complied with,

(ii) where the applicant has not been required to publish such further notice, the expiration of fourteen days beginning on the day of receipt by the planning authority of the application.

23 Notice of decisions on certain planning applications.

23. (1) Where a planning authority have sent a copy of an environmental impact statement to a body in accordance with article 18 (2), such authority shall notify the body of the decision of the authority in respect of the application within seven days of the making of such decision.

(2) Notwithstanding article 32 (2) of the 1977 Regulations, a planning authority shall, within seven days of making a decision on a planning application in respect of which an environmental impact statement was submitted in accordance with any provision of this Part, publish notice of the decision in a newspaper circulating in the district.

(3) A planning authority shall, within seven days of making a decision on a planning application in respect of which notice was given to the Minister in accordance with article 17 (1), or in relation to which information or documents were furnished to the Minister in accordance with article 17 (2), notify the Minister of such decision.

PART III APPEALS TO THE BOARD: ENVIRONMENTAL IMPACT STATEMENTS AND RELATED MATTERS

24 Additional requirements as to documents, information, etc.

24. (1) Where an environmental impact statement or further information in relation to the effects on the environment of a development has been received by a planning authority from an applicant in connection with a planning application in accordance with a provision of Part II, the authority shall submit to the Board, in addition to the matters specified in article 39 (1) of the 1977 Regulations, such statement or further information.

(2) Where notice of, or information or documents in relation to, a planning application has been given to the Minister by a planning authority in accordance with article 17 and notice of the decision of the authority on the application has been given to the Minister in accordance with article 23 (3), the planning authority shall notify the Board of this fact when complying with article 39 (1) of the 1977 Regulations (as modified by this article).

25 Power of Board to require submission of environmental impact statement in connection with certain appeals.

25. (1) Where an appeal is made to the Board arising from a decision of a planning authority on a planning application for development which would be of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations (or under any provision amending or replacing the said Article 24) but for not exceeding a quantity, area or other limit specified in relation to that class, and where the planning authority did not require the applicant to submit an environmental impact statement in accordance with article 6 (1), the Board may, where it considers that the development would be likely to have significant effects on the environment, require the person by whom the planning application was made to submit to the Board an environmental impact statement in respect of the development.

(2) The power of the Board under sub-article (1) shall not apply in relation to—

( a ) an appeal arising from a decision of a planning authority on a planning application in respect of which an exemption was granted by the Minister in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963,

( b ) an appeal arising from a decision of a planning authority on a planning application by a local authority in respect of development which would be located outside the functional area of that local authority.

26 Content of environmental impact statement.

26. An environmental impact statement submitted in accordance with a requirement under article 25 shall comply with Article 25 of the Environmental Impact Assessment Regulations, or with any provision amending or replacing the said Article 25.

27 Further information.

27. (1) Where the Board receives an environmental impact statement in connection with an appeal in accordance with article 24 or article 25, the Board shall consider the adequacy of the information contained therein, having regard to the provisions of article 9 or article 26, as may be appropriate, and to the particular circumstances of the appeal.

(2) The Board may, where it considers it necessary so to do for the purposes of its consideration of an appeal in respect of which it has received an environmental impact statement in accordance with article 24 or article 25, by notice in writing require the submission to the Board by the person by whom the planning application was made of such further information in relation to the effects on the environment of the development as the Board may specify.

28 Availability for inspection and purchase of copies of environmental impact statements.

28. (1) Notwithstanding article 39 (4) of the 1977 Regulations, copies of an environmental impact statement received by the Board in accordance with article 24 or article 25 shall be available for inspection without charge and for purchase at the offices of the Board or at the offices of the planning authority or at such other convenient place as the Board may specify.

(2) ( a ) Copies of an environmental impact statement received by the Board in accordance with article 24 shall be available for purchase in accordance with sub-article (1) for the fee fixed by the planning authority in accordance with article 20.

( b ) Copies of an environmental impact statement received by the Board in accordance with article 25 shall be available for purchase in accordance with sub-article (1) for such fee as the Board may fix not exceeding the reasonable cost of making the copy.

29 Notice to Minister of certain appeals.

29. The Board shall, as soon as may be, notify the Minister of any appeal—

( a ) in respect of which notice in accordance with article 24 (2) has been given to the Board by the planning authority,

( b ) in respect of which the Board intends to require, in accordance with article 25, the submission of an environmental impact statement, and which relates to development likely to have significant effects on the environment in another Member State of the European Communities.

30 Notice of certain appeals.

30. (1) The Board shall publish in at least one daily newspaper published in the State notice of any appeal in respect of which an environmental impact statement has been received by the Board in accordance with article 24 or article 25.

(2) A notice published in accordance with sub-article (1) shall state—

( a ) the location or locations at which, and the period during which, the environmental impact statement will be available for inspection and purchase, and

( b ) the period during which submissions or observations may be made to the Board in relation to the effects on the environment of the development.

31 Making of submissions or observations to the Board in relation to certain appeals.

31. Without prejudice to any other right or provision enabling the making of submissions or observations to the Board as regards an appeal, any person or body may make submissions or observations to the Board, within such period as may be specified in the notice in accordance with article 30, in relation to the effects on the environment of any development in respect of which an environmental impact statement has been received by the Board in accordance with article 24 or article 25.

32 Notification by Board of decision on appeal—additional requirements in certain cases.

32. (1) Notice of the decision of the Board on an appeal in connection with which an environmental impact statement was received by the Board in accordance with article 24 or article 25 shall be published in at least one daily newspaper published in the State.

(2) The Board shall notify the Minister of its decision on any appeal in respect of which notice was given to the Minister in accordance with article 29.

PART IV ENVIRONMENTAL IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY OR ON BEHALF OF LOCAL AUTHORITIES

33 Definition for Part IV.

33. In this Part "local authority" means a local authority for the purposes of section 78 of the Act of 1963.

34 Environmental impact statement to be prepared in respect of certain proposed development.

34. Where development proposed to be carried out by or on behalf of a local authority is of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations, or under any provision amending or replacing the said Article 24, the local authority shall cause an environmental impact statement to be prepared in respect of that development.

35 Requirement by Minister to prepare an environmental impact statement in respect of certain other proposed development.

35. Where development proposed to be carried out by or on behalf of a local authority would be of a class referred to in article 34 but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, the Minister may, where he considers that the said development would be likely to have significant effects on the environment, require the local authority to cause an environmental impact statement to be prepared in respect of that development.

36 Content of environmental impact statement.

36. An environmental impact statement prepared in accordance with article 34 or article 35 shall comply with Article 25 of the Environmental Impact Assessment Regulations, or with any provision amending or replacing the said Article 25.

37 Certain development not to be carried out without certification of Minister.

37. Proposed development in respect of which an environmental impact statement has been prepared in accordance with article 34 or article 35 shall not be carried out unless the Minister has certified that the proposed development (or the proposed development as varied or modified by him in accordance with article 45) will not, in his opinion, have significant adverse effects on the environment, or that it will embody the best practicable means to prevent or limit such effects.

38 Application for certification of Minister.

38. Where an environmental impact statement has been prepared in respect of proposed development in accordance with article 34 or article 35, the local authority shall, as soon as may be, apply to the Minister for the certification mentioned in article 37, and shall send to the Minister three copies of the environmental impact statement prepared in respect of the proposed development.

39 Notice of application for certification of Minister.

39. Where an application has been made in accordance with article 38 for the certification of the Minister, the local authority shall, as soon as may be, publish in a newspaper circulating in the district in which the proposed development would be situate a notice staling that—

( a ) they have made the application and indicating the location and nature of the proposed development to which the application relates,

( b ) an environmental impact statement has been prepared in respect of the proposed development,

( c ) the environmental impact statement will be available, for inspection free of charge and for purchase by interested persons, during office hours at the offices of the local authority during a period of one month beginning on the day of publication of the notice, and

( d ) interested persons may during the said period of one month make submissions or observations to the Minister in relation to the effects on the environment of the proposed development.

40 Notice of application for certification of Minister to certain bodies.

40. (1) Where an application has been made in accordance with article 38 for the certification of the Minister, the local authority shall, as soon as may be, send notice of the application and a copy of the environmental impact statement prepared in respect of the proposed development to the bodies specified in sub-article (3).

(2) A notice in accordance with sub-article (1) shall state that submissions or observations may be made to the Minister in relation to the effects on the environment of the proposed development during a period of one month beginning on the day of sending of the notice to the body concerned.

(3) A notice in accordance with sub-article (1) shall be sent—

( a ) where it appears to the local authority that the proposed development would be situate in an area of special amenity, whether or not an order in respect of that area has been made under section 42 of the Act of 1963, to An Chomhairle Ealaíon, Bord Fáilte Éireann and An Taisce—the National Trust for Ireland,

( b ) where it appears to the local authority that the proposed development would affect the value of any tourist amenity works, to Bord Fáilte Éireann,

( c ) where it appears to the local authority that the proposed development would affect any cave, site, feature or other object of archaeological, geological or historical interest or any building of artistic, architectural or historical interest, to An Chomhairle Ealaíon, Bord Fáilte Éireann, the National Monuments Advisory Council and An Taisce—the National Trust for Ireland;

( d ) where it appears to the local authority that the area of another local authority would be affected by the proposed development, to the local authority concerned,

( e ) where it appears to the local authority that the proposed development would give rise to appreciable discharges of polluting matters to waters, to the appropriate Regional Fisheries Board,

( f ) where it appears to the local authority that the proposed development would have significant effects on public health, to the appropriate health board,

( g ) where it appears to the local authority that the proposed development would have significant effects on wildlife, to the Commissioners of Public Works in Ireland.

41 Availability for purchase of copies of environmental impact statement.

41. Copies of an environmental impact statement prepared in respect of proposed development in accordance with article 34 or article 35 shall be available for purchase during the period referred to in article 39 for such fee as the local authority may fix not exceeding the reasonable cost of making the copy.

42 Consultation with other Member States of European Communities.

42. Where the Minister considers that proposed development in respect of which certification has been sought in accordance with article 38 would have significant effects on the environment in another Member State of the European Communities, or where another Member State likely to be significantly affected so requests, he shall consult that Member State in relation to the effects on the environment of the proposed development.

43 Minister to have regard to certain matters in considering application for certification.

43. The Minister shall, when considering an application for certification in accordance with article 38, have regard to the environmental impact statement prepared in respect of the proposed development in accordance with article 34 or article 35, to any submissions or observations made to him in accordance with article 39 or article 40, and to the views of other Member States of the European Communities arising from consultation, if any, in accordance with article 42.

44 Further information.

44. The Minister may, where he considers it necessary so to do, require a local authority who have applied for certification for proposed development in accordance with article 38 to furnish to him such further information in relation to the effects on the environment of the proposed development as the Minister may specify.

45 Power of Minister to vary or modify proposed development.

45. (1) The Minister may, in certifying proposed development in accordance with article 37, direct that the proposed development shall be varied or modified in such manner as he considers necessary or appropriate to ensure that the proposed development will not, in his opinion, have significant adverse effects on the environment, or that it will embody the best practicable means to prevent or limit such effects.

(2) Where the Minister in certifying proposed development in accordance with article 37 directs that the proposed development shall be varied or modified, the development shall not be carried out save in conformity with that direction.

46 Notice of Minister's decision in relation to application for certification.

46. Notice of the Minister's decision in relation to an application for certification in accordance with article 38 shall be published in a newspaper circulating in the district in which the proposed development would be situate.

PART V MISCELLANEOUS

47 Notice of extension of appropriate period.

47. Where, in accordance with subsection (4AA) of section 26 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963, the Minister extends the appropriate period, the planning authority shall, as soon as may be after receipt of notification of the extension, publish notice of the extension in a newspaper circulating in the district in which the relevant land or structure is situate.

48 Procedure on receipt of notice of Minister's decision on request for exemption from requirement to submit environmental impact statement.

48. A planning authority shall, on receipt of notice of the decision of the Minister on a request for an exemption in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963, stamp the notice with the date of its receipt.

GIVEN under the Official Seal of the Minister for the Environment this 1st day of February, 1990.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations make provisions in connection with the incorporation into planning control procedures of Directive 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment and establish an environmental impact assessment procedure for development carried out by or on behalf of local authorities.