Environmental Protection Agency (Emergency Electricity Generation) (Amendment) Act 2023

Amendment of section 89 of Act of 1992

8. Section 89 of the Act of 1992 is amended by the insertion of the following subsection after subsection (2):

“(2A) Without prejudice to the generality of subsection (1), regulations under this section shall make provision for an assessment (in this Part referred to as an ‘alternative assessment’) to be carried out by the Agency in relation to a designated application, in such form and manner as may be prescribed, for the purposes of ensuring that the objectives of the EIA Directive are met.

(2B) The Minister may prescribe such requirements and such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of an alternative assessment.

(2C) Regulations for the purposes of subsection (2A) may in particular provide for all or any of the following:

(a) the time periods within which the Agency is to carry out an alternative assessment;

(b) the information, including supplementary or additional information where required, relating to the alternative assessment to be provided to the Agency by a person making a designated application;

(c) the manner in which (which may include by electronic means) and the time periods within which, the information referred to in paragraph (b) is to be provided to the Agency;

(d) requirements and procedures for consultation and public participation in relation to the alternative assessment and the provision of information obtained under the alternative assessment to the public;

(e) the giving of notice, and publication of such notices as may be specified, in respect of the carrying out of the alternative assessment;

(f) requirements and procedures for co-ordination of assessments in accordance with subsection (2D);

(g) a requirement that, as part of the alternative assessment, the Agency assess the impacts (if any) of the designated development on the species listed in Annex IV of the Council Directive 92/43/EEC of 21 May 19924 on the conservation of natural habitats and of wild fauna and flora, amended by Council Directive 97/62/EC of 27 October 19975 , Regulation (EC) No. 1882/2003 of the European Parliament and of the Council of 29 September 20036 , Council Directive 2006/105/EC of 20 November 20067 and Council Directive 2013/17/EU of 13 May 20138 and their breeding sites and resting places and consider whether there is a need for a derogation for the purpose of Article 16 of that Directive in respect of the designated development.

(2D) An alternative assessment shall be co-ordinated with any appropriate assessment of the designated development that is carried out under Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ).”.

4 OJ No. L206, 22.7.1992, p. 7

5 OJ No. L305, 8.11.1997, p. 42

6 OJ No. L284, 31.10.2003, p. 1

7 OJ No. L363, 20.12.2006, p. 368

8 OJ No. L158, 10.6.2013, p. 193