Roads Act, 1993

Environmental impact assessment.

51.—(1) A proposed road development shall not be carried out unless the Minister has approved it or approved it with modifications.

(2) A road authority shall apply to the Minister for the approval referred to in subsection (1) in relation to a proposed road development and shall submit to the Minister the environmental impact statement prepared in respect of such development.

(3) Where a road authority has made an application for approval under subsection (2), it shall as soon as may be—

(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice in the prescribed form—

(i) stating that it has made an application to the Minister for the approval of the proposed road development,

(ii) stating that an environmental impact statement in respect of the proposed road development has been prepared,

(iii) indicating the times at which, the period (which shall be not less than one month) during which and the place where a copy of the environmental impact statement may be inspected,

(iv) stating that a copy of the environmental impact statement may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy, and

(v) stating that submissions may be made in writing to the Minister in relation to the likely effects on the environment of the proposed road development before a specified date (which shall be not less than two weeks after the end of the period for inspection);

(b) send a copy of the environmental impact statement together with a notice in the prescribed form, stating that the authority has made an application for approval of the proposed road development and that submissions may be made in writing to the Minister before a specified date (which shall be not less than two weeks after the end of the period for inspection referred to in subsection (3) (a) (iii)) in relation to the likely effects on the environment of the proposed road development to each of the following—

(i) the Commissioners of Public Works in Ireland,

(ii) Bord Fáilte Éireann,

(iii) An Taisce — the National Trust for Ireland,

(iv) any other prescribed body or person;

(c) send a copy of the environmental impact statement to the prescribed authority in Northern Ireland where the proposed road development is likely to have significant effects on the environment in Northern Ireland or where that authority so requests, together with a notice in the prescribed form, stating that the authority has made an appli-cation for approval of the proposed road development and that submissions may be made in writing to the Minister in relation to the likely effects on the environment of the proposed road development.

(4) The Minister may require a road authority which has applied to him for an approval in accordance with subsection (2) to furnish him with specified additional information in relation to the likely effects on the environment of the proposed road development and the authority shall comply with any such requirement.

(5) Before approving a proposed road development the Minister shall—

(a) consider the environmental impact statement submitted under subsection (2), any additional information furnished under subsection (4) and any submissions made in relation to the likely effects on the environment of the proposed road development,

(b) consider any views of the prescribed authority in Northern Ireland where a copy of the environmental impact statement was sent to it in accordance with subsection (3) (c),

(c) consider the report and any recommendation of the person conducting an inquiry referred to in subsection (7) where evidence is heard at such inquiry in relation to the likely effects on the environment of the proposed road development.

(6) The Minister may, by order, approve a proposed road development with or without modifications or he may refuse to approve such a development and shall—

(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place notice of his decision, including, where appropriate, particulars of any modifications to the proposed road development,

(b) inform the prescribed authority in Northern Ireland of his decision where a copy of the environmental impact statement was sent to it in accordance with subsection (3) (c).

(7) (a) The person conducting—

(i) a public local inquiry under section 49 , or

(ii) a local inquiry in relation to a bridge order under section 47 of the Act of 1946, or

(iii) a public local inquiry in relation to the compulsory acquisition of land,

which relates wholly or partly to a proposed road development in respect of which a road authority has applied for an approval under this section shall be entitled to hear evidence in relation to the likely effects on the environment of such development.

(b) Where an application for approval under this section relates to a proposed road development, and

(i) a scheme submitted to the Minister for approval under section 49 , or

(ii) an application submitted to the Minister for a bridge order under the Act of 1946, or

(iii) a compulsory purchase order submitted to the Minister for confirmation,

relate wholly or partly to the same proposed road development, the Minister shall make a decision on such approval and on the approval of such scheme or the making of such bridge order or the confirmation of such compulsory purchase order at the same time.

(8) (a) The European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 ( S.I. No. 221 of 1988 ) are hereby revoked.

(b) The European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ) and the Local Government (Planning and Development) Regulations, 1990 ( S.I. No. 25 of 1990 ) shall not apply to proposed road development.