Planning and Development Act 2024

Exemption from requirement for assessment by Minister

228. (1) The Minister may, subject to subsection (2), by order declare that the requirements of the Environmental Impact Assessment Directive and sections 229 , 230 and 236 shall not apply in relation to a relevant development or a specified part of relevant development (other than development or part of a development for which retrospective consent is required) proposed to be carried out, by or on behalf of a State authority or statutory undertaker.

(2) The Minister may, after having consulted such other Ministers of the Government as he or she considers appropriate, make an order under subsection (1) if he or she—

(a) is satisfied that the carrying out of the relevant development or part of a relevant development concerned is for the sole purpose of the defence of the State or responding to a civil emergency, and

(b) considers that the application of the Environmental Impact Assessment Directive and sections 229 , 230 and 236 to the relevant development or part of a relevant development concerned would adversely affect that purpose.

(3) Where the Minister makes an order under subsection (1), he or she shall publish a notice of the order and the reasons for the making of the order—

(a) on an internet website maintained by the Minister or on his or her behalf, and

(b) in a national newspaper.