Planning and Development Act, 2000
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Environmental impact assessment of certain development carried out by or on behalf of local authorities. |
175.—(1) Where development belonging to a class of development, identified for the purposes of section 176 , is proposed to be carried out— | |
(a) by a local authority that is a planning authority, whether in its capacity as a planning authority or in any other capacity, or | ||
(b) by some other person on behalf of, or jointly or in partnership with, such a local authority, pursuant to a contract entered into by that local authority whether in its capacity as a planning authority or in any other capacity, | ||
within the functional area of the local authority concerned (hereafter in this section referred to as “proposed development”), the local authority shall prepare, or cause to be prepared, an environmental impact statement in respect thereof. | ||
(2) Proposed development in respect of which an environmental impact statement has been prepared in accordance with subsection (1) shall not be carried out unless the Board has approved it with or without modifications. | ||
(3) Where an environmental impact statement has been prepared pursuant to subsection (1), the local authority shall apply to the Board for approval. | ||
(4) Before a local authority makes an application for approval under subsection (3), it shall— | ||
(a) publish in one or more newspapers circulating in the area in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and— | ||
(i) stating that— | ||
(I) it proposes to seek the approval of the Board for the proposed development, | ||
(II) an environmental impact statement has been prepared in respect of the proposed development, | ||
(ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the environmental impact statement may be inspected free of charge or purchased, and | ||
(iii) inviting the making, during such period, of submissions and observations to the Board relating to— | ||
(I) the implications of the proposed development for proper planning and sustainable development in the area concerned, and | ||
(II) the likely effects on the environment of the proposed development, | ||
if carried out, | ||
and | ||
(b) send a copy of the application and the environmental impact statement to the prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to— | ||
(i) the likely effects on the environment of the proposed development, and | ||
(ii) the implications of the proposed development for proper planning and sustainable development in the area concerned, | ||
if carried out. | ||
(5) (a) The Board may, where it considers it necessary to do so, require a local authority that has applied for approval for a proposed development to furnish to the Board such further information in relation to the effects on the environment of the proposed development as the Board may specify. | ||
(b) The Board shall, where it considers that the further information received pursuant to paragraph (a) contains significant additional data relating to— | ||
(i) the likely effects on the environment of the proposed development, and | ||
(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, | ||
require the local authority— | ||
(I) to publish in one or more newspapers circulating in the area in which the proposed development would be situate a notice stating that further information in relation to the proposed development has been furnished to the Board, indicating the times at which, the period (which shall not be less than 3 weeks) during which and the place, or places, where a copy of the further information may be inspected free of charge or purchased and that submissions or observations in relation to the further information may be made to the Board before the expiration of the indicated period, and | ||
(II) to send notice of the furnishing of the further information to the Board, and a copy of the information furnished to any prescribed authority to which notice was given pursuant to subsection (4)(b), and to indicate to the authority that submissions or observations in relation to the further information may be made to the Board before the expiration of a period (which shall not be less than 3 weeks) beginning on the day on which the notice is sent to the prescribed authority by the local authority. | ||
(6) Before making a decision in respect of a proposed development under this section, the Board shall consider— | ||
(a) the environmental impact statement submitted pursuant to subsection (1), any submissions or observations made in accordance with subsection (4) and any other information furnished in accordance with subsection (5) relating to— | ||
(i) the likely effects on the environment of the proposed development, and | ||
(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development, | ||
(b) the views of any other Member State of the European Communities or a state which is a party to the Transboundary Convention to which a copy of the environmental impact statement was sent, and | ||
(c) the report and any recommendations of the person conducting a hearing referred to in subsection (7) where evidence is heard at such a hearing relating to— | ||
(i) the likely effects on the environment of the proposed development, and | ||
(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development. | ||
(7) The person conducting an oral hearing in relation to the compulsory purchase of land which relates wholly or partly to a proposed development under this section in respect of which a local authority has applied for approval shall be entitled to hear evidence relating to— | ||
(a) the likely effects on the environment of the proposed development, and | ||
(b) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development. | ||
(8) (a) The Board may where it is satisfied that exceptional circumstances so warrant, grant an exemption in respect of proposed development from a requirement under subsection (1) to prepare an environmental impact statement except that no exemption may be granted in respect of proposed development where another Member State of the European Communities or a State party to the Transboundary Convention has indicated that it wishes to furnish views on the effects on the environment in that State of the proposed development. | ||
(b) The Board shall, in granting an exemption under paragraph (a), consider whether— | ||
(i) the effects, if any, of the proposed development on the environment should be assessed in some other manner, and | ||
(ii) the information arising from such an assessment should be made available to the members of the public, | ||
and it may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate. | ||
(c) Notice of any exemption granted under paragraph (a) of the reasons for granting the exemption, and of any requirements applied under paragraph (b) shall, as soon as may be— | ||
(i) be published in Iris Oifigiúil and in at least one daily newspaper published in the State, and | ||
(ii) be given, together with a copy of the information, if any, made available to the members of the public in accordance with paragraph (b), to the Commission of the European Communities. | ||
(9) The Board may— | ||
(a) approve, | ||
(b) approve, subject to conditions, or | ||
(c) refuse to approve, | ||
a proposed development under this section. | ||
(10) (a) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of— | ||
(i) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or | ||
(ii) controlling emissions related to or following the cessation of the operation of the activity. | ||
(b) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board may, in respect of any proposed development comprising or for the purposes of the activity, decide to refuse the proposed development, where the Board considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development is or will be situate. | ||
(c) (i) Before making a decision in respect of proposed development comprising or for the purposes of an activity, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development. | ||
(ii) When making its decision the Board shall have regard to the observations, if any, received from the Agency within the period specified under subparagraph (i). | ||
(d) The Board may, at any time after the expiration of the period specified by the Board under paragraph (c)(i) for making observations, make its decision on the application. | ||
(e) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under this Act. | ||
(11) (a) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for approval under this section. | ||
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for— | ||
(i) enabling a local authority to request the Board to give a written opinion on the information to be contained in an environmental impact statement, | ||
(ii) matters of procedure relating to the making of observations by the Environmental Protection Agency under this section and matters connected therewith, | ||
(iii) the notification of another Member State of the European Communities or other parties to the Transboundary Convention in relation to proposed development, receiving observations and submissions from the State or party and entering into consultations with them, and | ||
(iv) requiring the Board to give information in respect of its decision regarding the proposed development for which approval is sought. | ||
(12) In considering under subsection (6) information furnished relating to the likely consequences for proper planning and sustainable development of a proposed development in the area in which it is proposed to situate such development, the Board shall have regard to— | ||
(a) the provisions of the development plan for the area, | ||
(b) the provisions of any special amenity area order relating to the area, | ||
(c) if the area or part of the area is a European site or an area prescribed for the purposes of section 10 (2)(c), that fact, | ||
(d) where relevant, the policies of the Government, the Minister or any other Minister of the Government, and | ||
(e) the provisions of this Act and regulations under this Act where relevant. | ||
(13) A person who contravenes a condition imposed by the Board under this section shall be guilty of an offence. | ||
(14) This section shall not apply to proposed road development within the meaning of the Roads Act, 1993 , by or on behalf of a road authority. |