Planning and Development Act, 2000
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Prescribed classes of development requiring assessment. |
176.—(1) The Minister may, in connection with the Council Directive or otherwise, make regulations— | |
(a) identifying development which may have significant effects on the environment, and | ||
(b) specifying the manner in which the likelihood that such development would have significant effects on the environment is to be determined. | ||
(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for all or any one or more of the following matters: | ||
(a) the establishment of thresholds or criteria for the purpose of determining which classes of development are likely to have significant effects on the environment; | ||
(b) the establishment of different such thresholds or criteria in respect of different classes of areas; | ||
(c) the determination on a case-by-case basis, in conjunction with the use of thresholds or criteria, of the developments which are likely to have significant effects on the environment; | ||
(d) where thresholds or criteria are not established, the determination on a case-by-case basis of the developments which are likely to have significant effects on the environment; | ||
(e) the identification of selection criteria in relation to— | ||
(i) the establishment of thresholds or criteria for the purpose of determining which classes of development are likely to have significant effects on the environment, or | ||
(ii) the determination on a case-by-case basis of the developments which are likely to have significant effects on the environment. | ||
(3) Any reference in an enactment to development of a class specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), shall be deemed to be a reference to a class of development prescribed under this section. |