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Amendment of Act of 1992
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7. The Act of 1992 is amended by the insertion of the following sections after section 88:
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“Agency to take alternative assessment into account
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88A. (1) Before making a decision under section 83(1) in relation to a designated application the Agency shall take into account the alternative assessment in such manner as the Minister may prescribe for the purpose of ensuring that the objectives of the EIA Directive are met.
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(2) The Agency may make any feature of the project or measure envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, and any monitoring measure incorporated into the decision a condition of any licence granted on foot of the decision.
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(3) The Agency shall incorporate into a decision in relation to a designated application such documents relating to the alternative assessment as the Minister may prescribe for the purposes of ensuring that the objectives of the EIA Directive are met, including a description of any features of the project or measures envisaged to avoid, prevent or reduce and, where possible, offset the significant adverse effects on the environment and any appropriate monitoring measures that relate to conditions to be attached to the licence to be granted on foot of the decision.
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Notice of decision in relation to designated application
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88B. When a decision is taken under section 83(1), in relation to a designated application, to grant or refuse a licence, the Agency shall inform the public, and such persons as may be prescribed in accordance with regulations under section 89, of its decision and shall make available to the public the following information:
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(a) the content of the decision and any conditions attached thereto;
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(b) the main reasons and considerations on which the decision is based;
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(c) any reports referred to in section 83(2A)(g);
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(d) information on the procedures to review the substantive and procedural legality of the decision;
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(e) such other information as the Minister may prescribe.”.
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