Planning and Development Act, 2000
Environmental Impact Assessment
Requirement for environmental impact statement.
172.—(1) Where a planning application is made in respect of a development or class of development referred to in regulations under section 176 , that application shall, in addition to meeting the requirements of the permission regulations, be accompanied by an environmental impact statement.
(2) In addition to the matters set out in section 33 (2), the Minister may make permission regulations in relation to the submission of planning applications which are to be accompanied by environmental impact statements.
(3) (a) At the request of an applicant or of a person intending to apply for permission, the Board may, having afforded the planning authority concerned an opportunity to furnish observations on the request, and where the Board is satisfied that exceptional circumstances so warrant, grant in respect of a proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact statement, except that no exemption may be granted in respect of a proposed development if another Member State of the European Communities or other state party to the Transboundary Convention, having been informed about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on those effects.
(b) The Board shall, in granting an exemption under paragraph (a), consider whether—
(i) the effect, if any, of the proposed development on the environment should be assessed in some other manner, and
(ii) the information arising from the assessment should be made available to the members of the public,
and the Board may apply such requirements regarding these matters in relation to the application for permission as it considers necessary or appropriate.
(c) The Board shall, as soon as may be, notify the planning authority concerned of the Board's decision on any request made under paragraph (a), and of any requirements applied under paragraph (b).
(d) Notice of any exemption granted under paragraph (a), of the reasons for granting the exemption, and of any requirements applied under paragraph (b) shall, as soon as may be—
(i) be published in Iris Oifigiúil and in at least one daily newspaper published in the State,
(ii) be given, together with a copy of the information, if any, made available to the members of the public in accordance with paragraph (b), to the Commission of the European Communities.
(4) (a) A person who makes a request to the Board for an exemption under subsection (3) shall, as soon as may be, inform the planning authority concerned of the making of the request and the date on which it was made.
(b) Notwithstanding subsection (8) of section 34 , the period for making a decision referred to in that subsection shall not, in a case in which a request is made to the Board under subsection (3) of this section, include the period beginning on the day of the making of the request and ending on the day of receipt by the planning authority concerned of notice of the Board's decision on the request.
(5) In addition to the matters provided for under Part VI, Chapter III, the Minister may prescribe additional requirements in relation to the submission of appeals to the Board which are to be accompanied by environmental impact statements.