S.I. No. 221/1988 - European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988.

S.I. No. 221 of 1988.

EUROPEAN COMMUNITIES (ENVIRONMENTAL IMPACT ASSESSMENT) (MOTORWAYS) REGULATIONS, 1988.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive No. 85/337/EEC(*) hereby makes the following Regulations:—

(*)OJ No. L175/40 of 5/7/1985.

1. These Regulations may be cited as the European Communities (Environmental impact Assessment) (Motorways) Regulations. 1988.

2. In these Regulations "the Act" means the Local government (Roads and motorways) Act, 1974 (No. 6 of 1974).

3. Section 4 of the Act is hereby amended by the substitution for subsection (3) of the following subsection:—

"(3) Before making a scheme under this section, a road authority shall have regard to the preservation of scenic and natural amenities and shall prepare an environmental impact study of the proposed motorway which shall identify, describe and assess the direct and indirect environmental effects of the construction of the proposed motorway on—

(i) human beings, fauna and flora,

(ii) soil, water, air, climate and the landscape,

(iii) the inter-action between the matters referred to at (i) and (ii) above,

(iv) material assets, and

(v) the cultural heritage.".

4. Section 4 of the Act is hereby further amended by the insertion after subsection (3) of the following subsection:—

"(3A) An environmental impact study under subsection (3) shall contain the following—

(i) a description of the proposed motorway, including information on its site, design and size.

(ii) a description of the likely significant effects of the proposed motorway on the environment, including the data required to identify and assess the main effects and information as to the emission of pollutants and the creation of nuisance.

(iii) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse environmental effects of the proposed motorway.

(iv) an outline of the main alternative motorway alignments (if any) studied and an indication of the main reasons for selecting the proposed alignment, taking into account the environmental effects, and

(v) a non-technical summary of the matters referred to at (i) to (iv) above.".

5. Section 4 of the Act is hereby further amended by the substitution for subsection (4) of the following subsection:—

"(4) A road authority shall—

(a) submit any scheme made by it under this section to the Minister for his approval:

(b) submit together with such scheme the environmental impact study prepared by it under this section to the Minister for his consideration.".

6. Section 5 of the Act is hereby amended by the substitution for paragraph (a) of subsection (1) of the following paragraph:—

"(a) publish in one more newspapers circulating in the area to which the scheme relates a notice in the prescribed form stating that a scheme has been made under this Act and that an environmental impact study of the motorway proposed in the scheme has been prepared, indicating times at which, the days on which and the place where a copy of the scheme, the map referred to therein and the environmental impact study may be inspected and stating that submissions can be made to the Minister in relation to the environmental impact of the proposed motorway;".

7. Section 5 of the Act is hereby further amended by the insertion after subsection (1) of the following subsection:

"(1A) The road authority shall—

(a) forward a copy of the scheme and of the environmental impact study together with a notice in the prescribed form, stating that submissions can be made to the Minister in relation to the environmental impact of the proposed motorway, 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) such other body or person as the Minister may prescribe from time to time;

(b) forward a copy of the scheme and of the environmental impact study to the Department of the Environment of Northern Ireland where the proposed motorway is likely to have significant effects on the environment in Northern Ireland or where that Department so requests.".

8. Section 6 of the Act is hereby amended by the substitution for subsection (1) of the following subsection:—

"(1) Before approving a scheme submitted to him under section 4 (4) of this Act, the Minister shall—

(a) cause a public local inquiry into all matters relating to the scheme (including the environmental impact of the proposed motorway) to be held,

(b) consider any objections to the scheme which have been lodged and which have not been withdrawn,

(c) consider the environmental impact study and any submissions made in relation to the environmental impact of the proposed motorway, and

(d) consider the report of the person conducting such inquiry.".

9. Section 4 of the Act is hereby further amended by the substitution for subsection (5) of the following subsection:—

"(5) The Minister may approve a scheme submitted to him under this section with or without modifications or he may refuse to approve such a scheme and shall—

(a) publish in one or more newspapers circulating in the area to which the scheme relates notice of his decision, including, where appropriate, particulars of any modifications to the scheme;

(b) inform the Department of the Environment of Northern Ireland of his decision where a copy of the scheme and of the environmental impact study was forwarded to that Department under subsection (1A) of section 5.".

GIVEN under the Official Seal of the Minister for the Environment

this 6th day of September, 1988.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

The purpose of these Regulations is to implement the Council Directive No. 85/337/EEC on the assessment of the effects of certain public and private projects on the environment insofar as it requires an environmental impact assessment of proposed motorways. The regulations provide for the incorporation of the environmental impact assessment requirements into the motorway scheme procedures set out in the Local Government (Roads and Motorways) Act, 1974 . The Act as amended by the regulations requires road authorities to prepare environmental impact studies of proposed motorways. It provides for the making of submissions to the Minister by specified bodies and the general public in relation to the environmental impact of proposed motorways and requires that the environmental impact of the proposed motorway be considered at the public local inquiry. Under the Act as so amended the Minister will consider the environmental impact study and submissions thereon before approving a motorway scheme.