S.I. No. 229/2005 - National Monuments Act, 1930 (Section 14B) Regulations, 2005

STATUTORY INSTRUMENTS

S.I. No. 229 of 2005

National Monuments Act, 1930 (Section 14B) Regulations, 2005

S.I. No. 229 2005

National Monuments Act, 1930 (Section 14B) Regulations, 2005.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by Section 14B(11) of the National Monuments Act, 1930 (No. 2 of 1930), (as inserted by Section 5 of the National Monuments (Amendment Act, 2004 (No. 22 of 2004)), hereby makes the following Regulations:

1. These Regulations may be cited as the National Monuments Act, 1930 (Section 14B) Regulations, 2004.

2. For the purposes of these Regulations, a reference to section 14B or to a provision of that section shall be read as a reference to section 14B of the National Monuments Act, 1930 as inserted by section 5 of the National Monuments (Amendment) Act, 2004.

3. For the purposes of paragraph (c) of section 14B(7) the prescribed bodies or persons are listed in Schedule A to these Regulations.

4. The prescribed forms for the purposes of section 14B(7) are set out in Schedule B to these Regulations as follows:

(a) Form No. 1 or a form substantially to the like effect shall be the prescribed form for the purposes of paragraph (b) of section 14B(7).

(b) Form No. 2 or a form substantially to the like effect shall be the prescribed form for the purposes of paragraph (c) of section 14B(7).

(c) Form No. 3 or a form substantially to the like effect shall be the prescribed form for the purposes of paragraph (d) of section 14B(7).

SCHEDULE A

The prescribed bodies or persons for the purposes of Article 3 of these Regulations shall be:

(a) The Minister for the Environment, Heritage and Local Government (where it appears to the road authority that the proposed change to the approved road development might have significant effects in relation to the architectural or archaeological heritage or to nature conservation).

(b) Road Authorities adjacent to the area in which the proposed road development is located,

(d) An Taisce — The National Trust for Ireland and

(e) Fáilte Ireland

SCHEDULE B: FORM NO. 1

NOTICE OF SUBMISSION OF AN ENVIRONMENTAL IMPACT STATEMENT TO AN BORD PLEANÁLA

(TO BE PUBLISHED IN A NEWSPAPER)

NATIONAL MONUMENTS ACTS 1930 to 2004

________________________________________________________________________¹ hereby gives notice that an Environmental Impact Statement (EIS) has been submitted to An Bord Pleanála in accordance with section 14B of the National Monuments Act 1930 (as amended), in respect of proposed changes __________________________________________________

________________________________________________________________________² to the already approved road development known as ________________________________________________________________________³

A copy of the EIS may be inspected at __________________________________________ ⁴ between the hours of _____________ and ______________ on working days between ________________________ and ________________________ ⁵ .

A copy of the EIS may be purchased from _______________________________________ ⁶ for a fee of € ________ ⁷ . A copy of the non-technical summary of the statement may also be purchased for a fee of € ________ ⁸ .

Written submissions in relation to the likely effects on the environment of the proposed change to the already approved road development may be made in writing to An Bord Pleanála at 64 Marlborough Street, Dublin 1⁹ before _____________________¹⁰ .

SCHEDULE B: FORM NO. 2

NOTICE OF SUBMISSION OF AN ENVIRONMENTAL IMPACT STATEMENT TO AN BORD PLEANÁLA FOR ISSUE TO PRESCRIBED BODIES

NATIONAL MONUMENTS ACTS, 1930 to 2004

To : _____________________________________________________________________¹ being a prescribed body for the purposes of section 14B(7)(c) of the National Monuments Act, 1930 (as amended).

________________________________________________________________________² hereby gives notice that an Environmental Impact Statement (EIS) has been submitted to An Bord Pleanála in accordance with section 14B of the National Monuments Act 1930 (as amended), in respect of proposed change___________________________________________________

________________________________________________________________________³ to the already approved road development known as ________________________________________________________________________⁴

Further information may be obtained from:⁷

Name ___________________________________________________

Address ___________________________________________________

___________________________________________________

Telephone ___________________________________________________

Email ___________________________________________________

Fax ___________________________________________________

A copy of the EIS is enclosed.

Director of Services⁸ /Town Clerk. _______________________________________

Date. ____________________

SCHEDULE B: FORM NO. 3

NOTICE OF SUBMISSION OF AN ENVIRONMENTAL IMPACT STATEMENT TO AN BORD PLEANÁLA TO BE ISSUED TO CERTAIN OTHER STATES.

NATIONAL MONUMENTS ACTS, 1930 to 2004

To : _________________________________________________________________¹ ________________________________________________________________________² hereby gives notice that an Environmental Impact Statement (EIS) has been submitted to An Bord Pleanála in accordance with section 14B of the National Monuments Act 1930 (as amended), in respect of proposed change___________________________________________________

An Bord Pleanála is an independent statutory body operating largely under the Planning and Development Acts and under various other statutes. Amongst its functions it is responsible for approving local authority infrastructure projects including motorways and certain roads under the Roads Acts. An Bord Pleanála, in exercising its functions, must have regard to any submissions which are received within the time specified.

Further information may be obtained from:⁷

Name ___________________________________________________

Address ___________________________________________________

___________________________________________________

Telephone ___________________________________________________

Email ___________________________________________________

Fax ___________________________________________________

A copy of the EIS is enclosed.

Director of Services⁸ /Town Clerk. _______________________________________

Date. ____________________

	Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this_29th__day of April 2005.
L.S.	Dick Roche
	________________________
	Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations prescribe the forms of notice to be used by a road authority and the bodies or persons to be notified by it pursuant to section 14B(7) of the National Monuments Act 1930 (as amended).

¹ Insert the name of the road authority responsible for submitting the EIS to An Bord Pleanála. Where the road authority is acting for another road authority, under an agreement pursuant to the Local Government Act, 2001 or otherwise, the name of that road authority should also be given and an appropriate statement included.

² Insert the location and a brief description of the proposed change to the approved road development

³ Insert the name of the approved road development

⁴ Insert Location. A copy of the EIS must be displayed in at least one location but there is no restriction on the number of locations.

⁵ Insert time and dates. The EIS must be displayed for at least one month.

⁶ Insert the name of the road authority responsible for submitting the EIS to An Bord Pleanála

⁷ Insert amount. The specified charge must not exceed the reasonable cost of making the copy.

⁸ Insert amount. The specified charge must not exceed the reasonable cost of making the copy.

⁹ Current Address of the Board

¹⁰ Insert date. The deadline must be not less than 28 days after the date of publication of this notice

¹ Insert the name and address of the body or person prescribed in Schedule B of these Regulations

² Insert the name of the Road Authority. Where the road authority is acting for another road authority under an agreement pursuant to the Local Government Act, 2001 or otherwise, the name of that road authority should also be given and an appropriate statement included.

³ Insert the location and a brief description of the proposed change to the approved road development

⁴ Insert the name of the approved road development.

⁵ Current address of the Board

⁶ Insert the specified date by which submissions must be made to An Bord Pleanála. This date must be the same as that published in the newspaper notice.

⁷ Insert details of the relevant official at the road authority

⁸ In the case of a county/city council the notice should be signed by the appropriate Director of Services or other senior official.

¹ Insert the name and address of the relevant authority in the State (most likely in Northern Ireland) for which the notice is intended.

² Insert the name of the Road Authority. Where the road authority is acting for another road authority under an agreement pursuant to the Local Government Act, 2001, or otherwise, the name of that road authority should also be given and an appropriate statement included.

³ Insert the location and a brief description of the proposed change to the approved road development

⁴ Insert the name of the already approved road development.

⁵ Current address of the Board

⁶ Insert the specified date by which submissions must be made to An Bord Pleanála. This date must be the same as that published in the newspaper notice.

⁷ Insert details of the relevant official at the road authority

⁸ In the case of a county/city council the notice should be signed by the appropriate Director of Services or other senior official.