Development (Emergency Electricity Generation) Act 2022

Arrangements for Environmental Impact Assessment

5. (1) Without prejudice to the generality of section 3 , the designated development shall be exempt from the provisions of the Environmental Impact Assessment Directive on the basis that the designated development is an exceptional case for the purposes of Article 2(4) of that Directive and the application of those provisions would adversely affect the purpose, referred to in section 2 (1), of the designated development.

(2) On receiving an application under section 4 , the Minister shall arrange for an assessment of the designated development, in such form and manner as may be prescribed, to be carried out by the Board for the purposes of this section and for the purpose of ensuring that the objectives of the Environmental Impact Assessment Directive are met.

(3) An assessment of the designated development by the Board under subsection (2) shall be co-ordinated with any appropriate assessment of the designated development that is carried out under Part 5 of the Regulations of 2011, as applied by section 6 .