S.I. No. 351/1998 - European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998
S.I. No. 351 of 1998. | ||
EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT) REGULATIONS, 1998 | ||
The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 27 June 1985 (No. 85/337/EEC, O.J. No. L175/40, 5 July 1985), hereby makes the following Regulations:— | ||
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PART I PRELIMINARY AND GENERAL 1. (1) These Regulations may be cited as the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1998. | ||
(2) These Regulations, the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994 ( S.I. No. 84 of 1994 ) and the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1996 ( S.I. No. 101 of 1996 ) shall be construed as one and may be collectively cited as the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1998. 2. In these Regulations, | ||
"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963); | ||
"the 1989 Regulations" means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ). | ||
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PART II AMENDMENT OF THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1998, AND THE EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1989 TO 1996. 3. Section 25 of the Act of 1963 is hereby amended by— | ||
(a) the substitution for paragraph (b) of subsection (3) thereof, as inserted by article 7 of the 1989 Regulations, of the following paragraph :— | ||
" (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether — | ||
(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and | ||
(ii) the information collected in the course of such assessment should be made available to members of the public, | ||
and he may, by order, apply such requirements regarding these matters in relation to the application for permission as he considers necessary or appropriate."; | ||
(b) the substitution for paragraph (d) of subsection (3) thereof, as inserted by article 7 of the 1989 Regulations, of the following paragraph :— | ||
" (d) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption, and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, — | ||
(i) be published in the Iris Oifigiuil and in at least one daily newspaper published in the State, and | ||
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities."; | ||
(c) the addition after subsection (4), as inserted by article 7 of the 1989 Regulations, of the following subsection :— | ||
" (5) Where an applicant is required to submit an environmental impact statement in respect of proposed development and the development is likely to have significant effects on the environment in another Member State of the European Communities, the planning authority concerned may enter into consultations with such State regarding the effects of the development on the environment in that State.". 4. Section 26 of the Act of 1963 is hereby amended by— | ||
(a) the insertion after subparagraph (ii) of paragraph (b) of subsection (4) thereof of the following subparagraph :— | ||
"(iiA) where an applicant is required to submit an environmental impact statement in respect of proposed development and the development is likely to have significant effects on the environment in another Member State of the European Communities, within — | ||
(I) the period of two months beginning on the day on which submissions or observations in relation to the development have been made by such State and related consultations (if any) have been completed, or | ||
(II) the period within the meaning of subparagraphs (i) or (ii) above, | ||
whichever period ends the later;"; | ||
(b) the deletion of subsection (4AA) thereof, as inserted by article 8 of the 1989 Regulations. 5. Section 78 of the Act of 1963 is hereby amended by the substitution for paragraphs (b) and (c) of subsection (3) thereof, as inserted by article 10 of the 1989 Regulations, of the following paragraphs :— | ||
" (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether — | ||
(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and | ||
(ii) the information collected in the course of such assessment should be made available to members of the public, | ||
and he may, by order, apply such requirements regarding these matters as he considers necessary or appropriate. | ||
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption, and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, — | ||
(i) be published in the Iris Oifigiuil and in at least one daily newspaper published in the State, and | ||
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.". 6. The 1989 Regulations are hereby amended by the substitution for article 25 thereof of the following article :— | ||
"25. (1) An environmental impact statement for the purposes of these Regulations or of any enactment as amended or adapted by these Regulations shall contain — | ||
(a) the information specified in paragraph 1 of the Second Schedule, | ||
(b) the information specified in paragraph 2 of the Second Schedule to the extent that — | ||
(i) such information is relevant to a given stage of the consent procedure and to the specific characteristics of the development or type of development concerned and of the environmental features likely to be affected, and | ||
(ii) the person or persons preparing the environmental impact statement may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment, and | ||
(c) a summary in non-technical language of the information required pursuant to paragraphs (a) and (b).". 7. The 1989 Regulations are hereby amended by the substitution for the Second Schedule thereto of the following Schedule :— | ||
"INFORMATION TO BE CONTAINED IN AN ENVIRONMENTAL IMPACT STATEMENT | ||
1. (a) A description of the proposed development, comprising information about the site and the design and size or scale of the development; | ||
(b) The data necessary to identify and assess the main effects which that development is likely to have on the environment; | ||
(c) A description of the likely significant effects, direct and indirect, on the environment of the development, explained by reference to its possible impact on — | ||
human beings; | ||
flora; | ||
fauna; | ||
soil; | ||
water; | ||
air; | ||
climate; | ||
the landscape; | ||
the interaction between any of the foregoing; | ||
material assets; | ||
the cultural heritage; | ||
(d) Where significant adverse effects are identified with respect to any of the foregoing, a description of the measures envisaged in order to avoid, reduce, and, if possible, remedy those effects. | ||
2. Further information, by way of explanation or amplification of the information referred to in paragraph 1, on the following matters — | ||
(a) the physical characteristics of the proposed development, and the land use requirements during the construction and operational phases; | ||
(b) the main characteristics of the production processes proposed, including the nature and quantity of the materials to be used; | ||
(c) the estimated type and quantity of expected residues and emissions (including pollutants of surface water and groundwater, air, soil and substrata, noise, vibration, light, heat and radiation) resulting from the proposed development when in operation; | ||
(d) (in outline) the main alternatives (if any) studied by the applicant, appellant or authority and an indication of the main reasons for choosing the development proposed, taking into account the environmental effects; | ||
(e) the likely significant direct and indirect effects (including secondary, cumulative, short, medium and long term, permanent, temporary, positive and negative effects) on the environment of the proposed development which may result from — | ||
(i) the use of natural resources; | ||
(ii) the emission of pollutants, the creation of nuisances, and the elimination of waste; | ||
(f) the forecasting methods used to assess any effects on the environment about which information is given under subparagraph (e) ; and | ||
(g) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling information in this Schedule.". | ||
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PART III AMENDMENT OF MISCELLANEOUS ENACTMENTS 8. The Foreshore Act, 1933 (No. 12 of 1933), is hereby amended by— | ||
(a) the substitution for paragraphs (b) and (c) of subsection (4) of section 13A thereof, as inserted by article 13 of the 1989 Regulations, of the following paragraphs :— | ||
"(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether — | ||
(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and | ||
(ii) the information collected in the course of such assessment should be made available to members of the public, | ||
and he may, by order, apply such requirements regarding these matters in relation to the relevant application or the proposed relevant application as he considers necessary or appropriate. | ||
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, — | ||
(i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application or the proposed relevant application relates, and | ||
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities."; | ||
(b) the addition after subsection (2) of section 19B thereof, as inserted by article 13 of the 1989 Regulations, of the following subsection :— | ||
" (3) The Minister shall, where he considers that further information furnished in accordance with a requirement under subsection (2) of this section contains significant additional data in relation to the effects on the environment of the proposal, require the applicant to — | ||
(a) publish in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application relates a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period, and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and | ||
(b) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to the prescribed bodies, and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before a specified date.". 9. Section 37A of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), as inserted by article 14 of the 1989 Regulations, is hereby amended by— | ||
(a) the addition after paragraph (b) of subsection (5) thereof of the following paragraph :— | ||
"(c) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (b) of this subsection contains significant additional data in relation to the effects on the environment of the proposed aerodrome, require the relevant local authority to — | ||
(i) publish in one or more newspapers circulating in the area of the proposed aerodrome a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period, and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and | ||
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to the prescribed bodies, and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before a specified date."; | ||
(b) the substitution for paragraphs (b) and (c) of subsection (6) thereof of the following paragraphs :— | ||
"(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether — | ||
(i) the effects, if any, of the proposed aerodrome on the environment should be assessed in some other manner, and | ||
(ii) the information collected in the course of such assessment should be made available to members of the public, | ||
and he may, by order, apply such requirements regarding these matters in relation to the application or the proposed application as he considers necessary or appropriate. | ||
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, — | ||
(i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the area of the proposed aerodrome, and | ||
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.". 10. The Arterial Drainage Act, 1945 (No. 3 of 1945) is hereby amended by— | ||
(a) the substitution for paragraphs (b) and (c) of subsection (2B) of section 4 thereof, as inserted by article 16 of the 1989 Regulations, of the following paragraphs :— | ||
"(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether — | ||
(i) the effects, if any, of the proposed drainage works on the environment should be assessed in some other manner, and | ||
(ii) the information collected in the course of such assessment should be made available to members of the public, | ||
and he may, by order, apply such requirements regarding these matters in relation to the proposed drainage scheme as he considers necessary or appropriate. | ||
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, — | ||
(i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the area to be constituted a separate drainage district under the proposed drainage scheme, and | ||
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities."; | ||
(b) the addition after subsection (4) of section 7 thereof, as inserted by article 16 of the 1989 Regulations, of the following subsection :— | ||
" (5) (a) Where, in accordance with subsection (2A) of section 4 of this Act, a drainage scheme contains an environmental impact statement, the Minister may, where he considers it necessary so to do, require the Commissioners to furnish to him such further information in relation to the effects on the environment of the proposed drainage works as the Minister may specify. | ||
(b) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (a) of this subsection contains significant additional data in relation to the effects on the environment of the proposed drainage works, require the Commissioners to — | ||
(i) publish in one or more newspapers circulating in the area to be constituted a separate drainage district under the proposed drainage scheme a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period (which shall be not longer than one month), and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and | ||
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to such bodies as may be prescribed by the Minister by regulations, and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of a specified period (which shall not be longer than one month).". 11. Section 138 of the Harbours Act, 1946 (No. 9 of 1946) is hereby amended by— | ||
(a) the substitution for paragraphs (b) and (c) of subsection (2B) thereof, as inserted by article 17 of the 1989 Regulations, of the following paragraphs :— | ||
" (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether — | ||
(i) the effects, if any, of the proposed works on the environment should be assessed in some other manner, and | ||
(ii) the information collected in the course of such assessment should be made available to members of the public, | ||
and he may, by order, apply such requirements regarding these matters in relation to the application for the harbour works order as he considers necessary or appropriate. | ||
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, — | ||
(i) be published in the Iris Oifigiuil and in two newspapers circulating in the county in which is situated the principal office of the harbour authority concerned, and | ||
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b) , to the Commission of the European Communities."; | ||
(b) the insertion after subsection (3) of section 138 thereof of the following subsection : — | ||
" (3A) (a) Without prejudice to the generality of subsection (3) , where, in accordance with subsection (2A) of this section, an application for a harbour works order contains an environmental impact statement, the Minister may, where he considers it necessary so to do, require the relevant harbour authority to furnish to him such further information in relation to the effects on the environment of the proposed works as the Minister may specify. | ||
(b) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (a) of this subsection contains significant additional data in relation to the effects on the environment of the proposed works, require the relevant harbour authority to — | ||
(i) publish, in two newspapers circulating in the county in which is situated the principal office of the harbour authority a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period, and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and | ||
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to such bodies as may be specified by the Minister and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before a specified date.". 12. Section 13A of the Petroleum and Other Minerals Development Act, 1960 (No. 7 of 1960), as inserted by article 19 of the 1989 Regulations, is hereby amended by— | ||
(a) the addition after paragraph (b) of subsection (5) thereof of the following paragraph : — | ||
" (c) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (b) of this subsection contains significant additional data in relation to the effects on the environment of the proposed working of petroleum, require the applicant to — | ||
(i) publish in at least one daily newspaper published in the State a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period, and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and | ||
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to the prescribed bodies and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before a specified date."; | ||
(b) the substitution for paragraphs (b) and (c) of subsection (6) thereof of the following paragraphs : — | ||
" (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether — | ||
(i) the effects, if any, of the proposed working of petroleum on the environment should be assessed in some other manner, and | ||
(ii) the information collected in the course of such assessment should be made available to members of the public, | ||
and he may, by order, apply such requirements regarding these matters in relation to the plan or the proposed plan as he considers necessary or appropriate. | ||
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, — | ||
(i) be published in the Iris Oifigiuil and in at least one daily newspaper published in the State, and | ||
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.". 13. Section 40A of the Gas Act, 1976 (No. 30 of 1976) , as inserted by article 20 of the 1989 Regulations, is hereby amended by— | ||
(a) the addition after paragraph (b) of subsection (5) thereof of the following paragraph : — | ||
" (c) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (b) of this subsection contains significant additional data in relation to the effects on the environment of the proposed pipeline, require the Board or other person, as the case may be, to — | ||
(i) publish in one or more newspapers circulating in the area of the proposed pipeline a notice stating that significant further information in relation to the said effects has been furnished to the Minister, that the further information will be available, for inspection free of charge or for purchase, at a specified place and at specified times during a specified period, and that submissions or observations in relation to the further information may be made in writing to the Minister before the expiry of the said period, and | ||
(ii) send notice of the furnishing to the Minister of significant further information, and a copy of the further information, to the prescribed bodies and to indicate to those bodies that submissions or observations in relation to the further information may be made in writing to the Minister before a specified date."; | ||
(b) the substitution for paragraphs (b) and (c) of subsection (6) thereof of the following paragraphs : — | ||
" (b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether — | ||
(i) the effects, if any, of the proposed pipeline on the environment should be assessed in some other manner, and | ||
(ii) the information collected in the course of such assessment should be made available to members of the public, | ||
and he may, by order, apply such requirements regarding these matters in relation to the application or notice, or the proposed application or notice, as the case may be, as he considers necessary or appropriate. | ||
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, — | ||
(i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the area of the proposed pipeline, and | ||
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities.". 14. The Roads Act, 1993 (No. 14 of 1993), is hereby amended by— | ||
(a) the substitution for subsection (3) of section 50 thereof of the following subsection : — | ||
" (3) An environmental impact statement shall, in addition to and by way of explanation or amplification of the specified information referred to in subsection (2) , contain further information on the following matters : — | ||
(a) the estimated type and quantity of expected emissions resulting from the proposed road development when in operation; | ||
(b) the likely significant direct and indirect effects (including secondary, cumulative, short, medium and long term, permanent and temporary, positive and negative effects) on the environment of the development proposed which may result from — | ||
(i) the use of natural resources, | ||
(ii) the emission of pollutants, the creation of nuisances, and the elimination of waste; | ||
(c) the forecasting methods used to assess any effects on the environment about which information is given under sub-paragraph (b) ; and | ||
(d) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any specified information; | ||
to the extent that such information is relevant to a given stage of the consent procedure and to the specific characteristics of the development or type of development concerned, and of the environmental features likely to be affected, and the road authority preparing the environmental impact statement may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment."; | ||
(b) the insertion after subsection (4) of section 51 thereof of the following subsection : — | ||
" (4A) The Minister shall, where he considers that additional information furnished in accordance with a requirement under subsection (4) contains significant additional data in relation to the effects on the environment of the proposed road development, require the relevant road authority to — | ||
(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice stating that significant additional information in relation to the said effects has been furnished to the Minister, that the additional information will be available, for inspection or for purchase (on payment of a specified fee not exceeding the reasonable cost of making a copy) , at a specified place and at specified times during a specified period, and that submissions or observations in relation to the additional information may be made in writing to the Minister before a specified date, and | ||
(b) send notice of the furnishing to the Minister of significant additional information, and a copy of the additional information, to the bodies and persons and the authority (where appropriate) referred to in subsections (3) (b) and (c) and to indicate to such bodies and persons and the authority (where appropriate) that submissions or observations in relation to the additional information may be made in writing to the Minister before a specified date.". 15. Section 5 of the Transport (Dublin Light Rail) Act, 1996 (No. 24 of 1996) , is hereby amended by the substitution for subsection (2) of the following subsection :— | ||
" (2) An environmental impact statement shall, in addition to and by way of explanation or amplification of the specified information referred to in subsection (1) , contain further information on the following matters : — | ||
(a) the estimated type and quantity of expected emissions resulting from the proposed light railway works when in operation, | ||
(b) the likely significant direct and indirect effects (including secondary, cumulative, short, medium and long term, permanent and temporary, positive and negative effects) on the environment of the proposed light railway works which may result from — | ||
(i) the use of natural resources, | ||
(ii) the emission of pollutants, the creation of nuisances and the elimination of waste, | ||
(c) the forecasting methods used to assess any effects on the environment about which information is given under paragraph (b), and | ||
(d) any difficulties, such as technical deficiencies or lack of knowledge, encountered in compiling any specified information, | ||
to the extent that such information is relevant to a given stage of the consent procedure or to the specific characteristics of the development or type of development concerned, and of the environmental features likely to be affected, and the Board may reasonably be required to compile such information having regard, inter alia, to current knowledge and methods of assessment.". 16. Section 26 of the Dublin Docklands Development Authority Act, 1997 (No. 7 of 1997) , is hereby amended by— | ||
(a) the insertion after subsection (5) thereof of the following subsection : — | ||
" (5A) (a) Where an environmental impact statement has been furnished pursuant to subsection (5) , the Minister may, where he considers it necessary so to do, require the Authority to furnish to him such further information in relation to the effects on the environment of the proposed development as he may specify. | ||
(b) The Minister shall, where he considers that further information furnished in accordance with a requirement under paragraph (a) of this subsection contains significant additional data in relation to the effects on the environment of the proposed development, require the Authority to — | ||
(i) consult, in relation to the further information, with Dublin Corporation and with such statutory bodies as appear to the Authority to have an interest in the area to which the planning scheme relates, and | ||
(ii) make arrangements for the making of submissions by interested persons in relation to the further information."; | ||
(b) the addition after subsection (6) thereof of the following subsections : — | ||
" (7) (a) The Minister may, by order, where he is satisfied that exceptional circumstances so warrant and after consultation with Dublin Corporation, exempt a planning scheme from the requirement of subsection (1) (a) of this section. | ||
(b) The Minister shall, in granting an exemption under paragraph (a) of this subsection, consider whether — | ||
(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and | ||
(ii) the information collected in the course of such assessment should be made available to members of the public, | ||
and he may, by order, apply such requirements regarding these matters in relation to the planning scheme as he considers necessary or appropriate. | ||
(c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be, — | ||
(i) be published in the Iris Oifigiuil and in at least one daily newspaper published in the State, and | ||
(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b) , to the Commission of the European Communities.". | ||
Given under the Official Seal of the Minister for the Environment and Local Government this 18th day of September 1998. | ||
Noel Dempsey | ||
Minister for the Environment and Local Government. | ||
EXPLANATORY NOTE | ||
These Regulations amend the European Communities (Environmental Impact Assessment) Regulations, 1989 to 1996, and provisions relating to environment impact assessment in the Local Government (Planning and Development) Acts, 1963 to 1998 and a number of other Acts . The amendments restate provisions relating to the information to be contained in an environmental impact statement and exemptions from the requirement to prepare an environmental impact statement. The Regulations also extend the provisions concerning the furnishing of additional information relating to an environmental impact assessment. | ||
The Regulations also include provisions relating to applications for planning permission involving an environmental impact assessment, where the proposed development may have effects on another Member State of the European Communities. The provisions extend the time available to a planning authority to deal with such an application, and enable an authority to enter into. consultations with the Member State concerned. |