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Amendment of section 226 of Principal Act.
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43.— Section 226 of the Principal Act is amended—
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(a) by substituting the following subsection for subsection (2):
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“(2) (a) The Board may approve, approve subject to conditions, or refuse to approve a proposed development.
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(b) Without prejudice to the generality of paragraph (a), the Board may attach to an approval under this section conditions for or in connection with the protection of the marine environment (including the protection of fisheries) or, if the subject of a recommendation by the Minister for Transport to the Board with regard to the exercise of the power under this subsection in the particular case (which recommendation that Minister of the Government may, by virtue of this subsection, make), the safety of navigation.”,
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(b) by substituting the following subsections for subsection (6):
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“(6) (a) In the following case:
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(i) the local authority concerned, if it is of the opinion that the development concerned would be likely to have significant effects on the environment, shall refer; or
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(ii) the Minister for Communications, Marine and Natural Resources may refer;
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to the Board for its determination the question of whether the following development would be likely to have significant effects on the environment.
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(b) That case is one of development that is identified for the purposes of section 176 (other than development falling within a class of development identified for the purposes of that section) and which is proposed to be carried out wholly or partly on the foreshore—
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(i) by a local authority that is a planning authority, whether in its capacity as a planning authority or otherwise, or
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(ii) by some other person on behalf of, or jointly or in partnership with a local authority that is a planning authority, pursuant to an agreement entered into by that authority, whether in its capacity as a planning authority or otherwise.
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(c) Where required by the Board, the local authority or the Minister for Communications, Marine and Natural Resources shall provide to the Board such information as may be specified by the Board in respect of the effects on the environment of the proposed development, the subject of the question referred to it under this subsection.
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(7) (a) The Board shall consider and determine the question referred to it under subsection (6) and, where it determines that the development concerned would be likely to have significant effects on the environment, it shall—
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(i) notify the local authority concerned (and, where the question has been referred by the Minister for Communications, Marine and Natural Resources, that Minister of the Government) that it has determined that the development would be likely to have those effects, and
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(ii) specify, in that notification, that any application by the local authority concerned for approval under subsection (1) in respect of the development shall be accompanied by an environmental impact statement prepared or caused to be prepared by the authority in respect of the development,
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and, where that notification so specifies, any such application shall be accompanied by such a statement accordingly.
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(b) In making that determination, the Board shall have regard to the criteria for the purposes of determining which classes of development are likely to have significant effects on the environment set out in any regulations made under section 176.
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(c) Notwithstanding any other enactment, the determination of the Board of a question referred to it under subsection (6) shall be final.
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(8) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister, after consultation with the Minister for Communications, Marine and Natural Resources, to be necessary or expedient in respect of referring a question under subsection (6) or of making a determination under subsection (7).
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(9) This section shall apply to proposed development—
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(a) that, if carried out wholly within the functional area of a local authority that is a planning authority, would be subject to the provisions of section 175,
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(b) that a local authority has been notified under paragraph (a)(i) of subsection (7) is one which the Board has determined under that subsection would be likely to have significant effects on the environment, or
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(c) that is prescribed for the purposes of this section.”.
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