Foreshore and Dumping at Sea (Amendment) Act 2009

Amendment of section 13A (environmental impact assessment of certain proposals relating to the foreshore) of Act of 1933.

10.— Section 13A (as amended by the European Communities (Foreshore) Regulations 2009 ( S.I. No. 404 of 2009 )) is amended by substituting the following for paragraphs (a) and (b) of subsection (4):

“(4) (a) The appropriate Minister may—

(i) where that Minister is satisfied that exceptional circumstances so warrant, and

(ii) where the appropriate Minister is the Minister for Agriculture, Fisheries and Food, after consultation with the Minister for the Environment, Heritage and Local Government,

exempt a relevant application or a proposed relevant application from the requirement of subsection (1) of this section.

(b) The appropriate Minister shall, in granting an exemption under paragraph (a) of this subsection—

(i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other manner, and

(ii) make available to the public—

(I) the information obtained in any assessment carried out under subparagraph (i),

(II) the information relating to any decision to exempt a relevant application under paragraph (a), and

(III) the reasons for the decision referred to in clause (II).”.