Minerals Development Act 2017
|
Chapter 2 Public Participation and Access to Justice in Relation to Decisions on Specific Activities | ||
|
Activities which may have significant effect on environment | ||
|
202. (1) Before making any decision under this Act which permits an activity in respect of which planning permission is not required under the Planning and Development Acts 2000 to 2016 the Minister shall determine whether such activity is one which may have a significant effect on the environment. | ||
(2) For the purposes of determining whether an activity may have a significant effect on the environment the Minister shall have regard to the following: | ||
(a) the characteristics of the proposed activity, in particular— | ||
(i) the nature and duration of the activity, | ||
(ii) the resource requirements, in particular land, soil and water, of the activity, | ||
(iii) the type and volume of waste produced by the activity and the method proposed for its disposal, | ||
(iv) the measures and protocols proposed in order to minimise environmental impact and the risk of potential pollution or nuisance; | ||
(b) the location and zone of influence of the proposed activity, with particular regard to— | ||
(i) any area proposed as a natural heritage area and the subject of a notice made under section 16 (1) of the Wildlife (Amendment) Act 2000 , | ||
(ii) any area designated as, or proposed to be designated as, a natural heritage area by a natural heritage area order made under section 18 of the Wildlife (Amendment) Act 2000 , | ||
(iii) any nature reserve established or proposed to be established under an establishment order made under section 15 (as amended by section 26 of the Wildlife (Amendment) Act 2000 ) of the Wildlife Act 1976 , | ||
(iv) any nature reserve recognised or proposed to be recognised under a recognition order made under section 16 (as amended by section 27 of the Wildlife (Amendment) Act 2000 ) of the Wildlife Act 1976 , | ||
(v) any refuge for fauna or flora designated or proposed to be designated under a designation order made under section 17 (as amended by section 28 of the Wildlife (Amendment) Act 2000 ) of the Wildlife Act 1976 , | ||
(vi) national parks, and | ||
(vii) national monuments (within the meaning of section 2 of the National Monuments Act 1930 ); | ||
(c) the likely impact of the activity on the environment, in particular on— | ||
(i) surface water and groundwater, including the risk to human health from contamination of water sources, | ||
(ii) any area designated as a special area of conservation pursuant to Regulation 14 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ), and | ||
(iii) any areas designated by the State as special protection areas pursuant to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20091 on the conservation of wild birds. | ||
(3) The Minister shall publish any determination made under subsection (1), and the reasons for such determination, including publication on the website of the Department of Communications, Climate Action and Environment together with information on the procedure for seeking to have the decision judicially reviewed and notification that the costs of any such judicial review are governed by Part 2 of the Environment (Miscellaneous Provisions) Act 2011 . | ||