S.I. No. 404/2009 - European Communities (Foreshore) Regulations 2009

“Procedure in regard to certain relevant applications.

19A.—(1) Notwithstanding section 19 of this Act, a person who has submitted an environmental impact statement in accordance with a requirement of or under section 13A of this Act shall, as soon as may be, publish in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application relates a notice—(a) stating that the person has made the application and indicating the location and nature of the proposal to which the application relates,(b) stating that an environmental impact statement has been prepared in respect of the proposal,(c) stating that the Minister is responsible for making a decision on the application and that the Minister may either grant, approve or consent to the application with or without covenants, conditions or agreements, where applicable, or refuse the application, (d) stating whether section 19C of this Act applies to the proposal,(e) stating that submissions, comments or questions in relation to the effects on the environment of the proposal may be made in writing to the Minister within 8 weeks from the publication of the notice, and (f) specifying the times at which and the place where, within 8 weeks from the publication of the notice, a copy of the application, the environmental impact statement and any other relevant report or information (including copies of any submissions, comments or questions received by the Minister) may be inspected free of charge or purchased at a price to be determined by the Minister (which shall not be more than the reasonable cost of making the copy or copies concerned).(2) The Minister shall ensure that the following information is available for inspection or for purchase by members of the public on the terms specified in the notice published in accordance with subsection (1):(a) a copy of the application, (b) the environmental impact statement prepared pursuant to section 13A of this Act, (c) the views, if any, furnished by a Member State of the European Communities pursuant to section 19C of this Act, (d) any submissions, comments or questions received by the Minister (including those received from the bodies specified in subsection (3) of this section), and(e) any report or other information relevant to the decision. (3) A person who has submitted an environmental impact statement in accordance with a requirement of or under section 13A of this Act shall, as soon as may be, send a copy of the relevant application and environmental impact statement to—(a) the local authority in whose functional area the proposed development is to be located in whole or in part,(b) where the proposed development is to be located in any area contiguous to the functional area of a local authority, to each such local authority,(c) the National Tourism Development Authority (Fáilte Ireland),

(d) An Taisce - The National Trust for Ireland if the development is to take place on an area of special amenity value or special interest,(e) the Minister for the Environment, Heritage and Local Government if the development is to take place on an area of archaeological, water quality, scientific or ecological interest (or any combination of such areas), and(f) any other Minister of Government where the Minister considers that the proposal relates to a function of that other Minister,with a statement that the body may make objections or representations in relation to the effects on the environment of the proposal in writing to the Minister within 8 weeks from the date a copy of the environmental impact statement is sent to that body.(4) A reference, in this section, section 19B or section 21A of this Act to an environmental impact statement includes a reference to an alternative form of assessment referred to in section 13A(4)(b) of this Act.”.

“Publication of notice of Ministers decision in relation to certain relevant applications.

21A.— When the Minister determines a relevant application, the Minister shall—(a) publish a notice, in Iris Oifigiúil and in one or more newspapers circulating in the area where the foreshore subject to the determination is situate, of the determination and specifying the means by which any material received by the Minister upon which the Minister determined the application may be inspected free of charge or purchased at a price to be determined by the Minister (which shall not be more than the reasonable cost of making the copy or copies concerned),(b) ensure that the following information is available for inspection or for purchase by members of the public on the terms specified in the notice published in accordance with paragraph (a):(i) the determination; (ii) any conditions attached to such determination;(iii) the main reasons and considerations upon which the determination is based;(iv) details of the public participation process;(v) the main measures, if the Minister considers it necessary, to avoid, reduce or offset adverse effects on the environment arising from the relevant application;(vi) arrangements to comply with paragraph (c) of this section,(c) inform a Member State to which section 19C of this Act applies in respect of the relevant application of the determination and matters specified in paragraph (a) of this section, and (d) arrange to make the environmental impact statement relating to the relevant application and other material upon which the determination was based available for inspection for such period as the Minister considers appropriate.”.