Planning and Development Act, 2000
Transboundary environmental impacts.
174.—(1) (a) The Minister may make regulations in respect of applications for development which require the submission of an environmental impact statement, where the planning authority, or the Board on appeal, is aware that the development is likely to have significant effects on the environment in another Member State of the European Communities or a state which is a party to the Transboundary Convention or where the other State concerned considers that the development would be likely to have such effects.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for the following:
(i) the notification of the Minister regarding the application;
(ii) the submission of information to the Minister regarding the application;
(iii) the notification of the other State involved and the provision of information to that State;
(iv) the making of observations and submissions regarding the application from the other State involved and the entering into consultations with that State;
(v) the extension of time limits for the making of decisions under this Act.
(2) In addition to the requirements of section 173 (1) and 34 (3), the planning authority or the Board, as the case may be, shall have regard, where appropriate, to the views of any Member State of the European Communities or other party to the Transboundary Convention in relation to the effects on the environment of the proposed development.
(3) Notwithstanding any other provisions of this Act, a planning authority or the Board, as the case may be, may, following the consideration of any submissions or observations received or any consultations entered into by a planning authority or the Board, impose conditions on a grant of permission in order to reduce or eliminate potential transboundary effects of any proposed development.
(4) Where a planning authority or a State authority requests, or in any other case where the Minister otherwise decides, the Minister may request another Member State of the European Communities or other party to the Transboundary Convention to forward information in respect of any development which is subject to the Council Directive or Transboundary Convention and which is likely to have significant environmental effects in Ireland.
(5) (a) The Minister or a State authority or planning authority having consulted with the Minister, may decide to forward submissions or observations to, or enter into discussions with, the other state involved in respect of the development referred to in subsection (4) regarding the potential transboundary effects of that development and the measures envisaged to reduce or eliminate those effects.
(b) The Minister may make regulations regarding the provision of public notification of any environmental impact statement or other information received by the Minister, State authority or planning authority under subsection (4), and the making of submissions or observations regarding the information.
(6) The Minister may enter into an agreement with any other Member State of the European Communities or other party to the Transboundary Convention regarding the detailed procedures to be followed in respect of consultations regarding proposed developments which are likely to have significant transboundary effects.