Planning and Development (Strategic Infrastructure) Act 2006
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Amendment of section 227 of Principal Act. |
44.— Section 227 of the Principal Act is amended— | |
(a) in subsection (5), by substituting “Minister for Communications, Marine and Natural Resources and the Minister for Transport” for “Minister for the Marine and Natural Resources”, | ||
(b) by substituting the following subsection for subsection (8): | ||
“(8) (a) Subject to paragraph (b), the Foreshore Acts 1933 to 2005 shall not apply in relation to any application to the Board under section 226, or matters to which subsection (5)(b) applies or a scheme submitted under section 49 of the Roads Act 1993 . | ||
(b) In any case where a local authority that is a planning authority applies for an approval for proposed development under section 226 or has been granted such an approval by the Board, but has not sought the compulsory acquisition of any foreshore on which the proposed development would be carried out under an enactment specified in section 214, the authority may apply for a lease or licence under section 2 or 3 of the Foreshore Act 1933 in respect of that proposed development; in such cases, it shall not, notwithstanding the provisions of any other enactment, be necessary for— | ||
(i) the local authority to submit an environmental impact statement in connection with its application for such lease or licence, or | ||
(ii) the Minister for Communications, Marine and Natural Resources to consider the likely effects on the environment of the proposed development.”, | ||
and | ||
(c) by deleting subsection (9). |