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S.I. No. 116/1990 - Air Navigation and Transport (Environmental Impact Assessment) Regulations, 1990.

S.I. No. 116 of 1990.

AIR NAVIGATION AND TRANSPORT (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS, 1990.

I, SEAMUS BRENNAN, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 37A (inserted by the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 )) of the Air Navigation and Transport Act, 1936 (No. 40 of 1936) and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), hereby make the following Regulations:—

1. These Regulations may be cited as the Air Navigation and Transport (Environmental Impact Assessment) Regulations, 1990.

2. In these Regulations "the Act of 1936" means the air Navigation and Transport Act, 1936 ( S.I. No. 40 of 1936 ).

3. The prescribed period provided in section 37 (A) (2) (d) of the Act of 1936 shall be:

( a ) in the case of prescribed bodies, one month from the date of issue by the local authority of a copy of the environmental impact statement to those bodies, and

( b ) in the case of any interested person, one month from the date of publication in the newspapers by the local authority of the notice referred to in subsection 2 of section 37A of the Act of 1936 giving details of the application and the place where and the times during which a copy of the environmental impact statement may be inspected or purchased.

4. The prescribed bodies provided for in section 37A (4) of the Act of 1936 shall be:

( a ) the Commissioners of Public Works in Ireland as regards any proposed development which might have a significant impact on wildlife;

( b ) Bord Fáilte Éireann and Shannon Free airport Development Company Limited (in respect of the area for which Shannon Free Airport Development Company Limited has responsibility) as regards any proposed development which might appear to obstruct or detract from the value of any tourist amenity;

( c ) Bord Fáilte Éireann, Shannon Free Airport Development Company Limited (in respect of the area for which Shannon Free Airport Development Company Limited has responsibility), the National Heritage Council, the Historic Monuments Council and An Taisce where it appears that any proposed development would be unduly close to any cave, site, feature or other object of archaeological, geological or historical interest, or would detract from the appearance of any building of artistic, architectural or historical interest, or from any view or prospect of special amenity value or in any of the aforesaid cases would obstruct any scheme for improvement of the surroundings of or any means of access to any such place, object or structure.

GIVEN under my Official Seal, this 25th day of April, 1990.

SEAMUS BRENNAN,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

These Regulations prescribe in relation to the establishment of aerodromes by local authorities the period during which Environmental Impact Statements required in accordance with the European Communities (Environmental Impact Assessment) Regulations, 1989, ( S.I. No. 349 of 1989 ) must be available for inspection and purchase. The Regulations also prescribe the bodies to which copies of the Environment Impact Statements are required to be provided.