S.I. No. 464/2011 - European Communities (Amendment to Planning And Development Regulations) Regulations 2011.

TABLE OF CONTENTS

1. Citation and commencement

2. Interpretation

3. Amendment of Article 8 of the Regulations

4. Amendment of Class 11 of Schedule 2, Part 3 of the Regulations

5. Amendment of Schedule 5, Part 2 of the Regulations

S.I. No. 464 of 2011

EUROPEAN COMMUNITIES (AMENDMENT TO PLANNING AND DEVELOPMENT REGULATIONS) REGULATIONS 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th September, 2011.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Council Directive No. 85/337/EEC of 27 June 1985 (as amended by Council Directive 97/11/EC of 3 March 1997 and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003), hereby make the following regulations:

Citation and commencement

1. (a) These Regulations may be cited as the European Communities (Amendment to Planning And Development Regulations) Regulations 2011.

(b) These Regulations shall come into force on the date of signature.

Interpretation

2. In these Regulations—

“the Regulations” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) as amended.

Amendment of Article 8 of the Regulations

3. Article 8 of the Regulations is amended—

(a) in 8B by the substitution of “drainage and/or reclamation of wetlands” for “drainage of wetlands”, and

(b) in 8C by the substitution of “Land reclamation works (other than reclamation of wetlands)” for “Land reclamation works”.

Amendment of Class 11 of Schedule 2, Part 3 of the Regulations

4. Column 1 of Class 11 of Schedule 2 Part 3 of the Regulations is substituted by the following:

“Development consisting of the carrying out of drainage and/or reclamation of wetlands”.

Amendment of Schedule 5, Part 2 of the Regulations

5. No. 1(c) of Schedule 5 Part 2 of the Regulations is substituted by the following:

“Development consisting of the carrying out of drainage and/or reclamation of wetlands where more than 2 hectares of wetlands would be affected.”

Given under my Official Seal

12 September 2011.

PHIL HOGAN, T.D.,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The primary purpose of these Regulations is to amend the provisions of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), as amended, to include the reclamation of wetlands in articles 8B and 8C, Class 11 of Schedule 2 of Part 3, and Schedule 5 Part 2.