Planning and Development Act 2024
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Preparation and submission of environmental impact assessment report | ||
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234. (1) An applicant for permission may prepare and submit to the competent authority with the application for permission concerned, an environmental impact assessment report in relation to a relevant development to which that application relates. | ||
(2) An environmental impact assessment report prepared in accordance with subsection (1) or prepared and submitted to a competent authority pursuant to a requirement in a notice under subsection (10) or (14) of section 229 shall— | ||
(a) be prepared by a person with the competence and expertise to so do, | ||
(b) contain the information specified in Annex IV of the Environmental Impact Assessment Directive, and | ||
(c) include such other information as may be prescribed. | ||
(3) Where an applicant for permission intends to submit an environmental impact assessment report with an application for permission in accordance with subsection (1) or submits an environmental impact assessment report to a competent authority pursuant to a requirement in a notice under subsection (10) or (14) of section 229 , the applicant shall publish a notice in a newspaper stating— | ||
(a) that he or she has applied or intends to apply, as the case may be, for permission for a relevant development, | ||
(b) that an environmental impact assessment report has been submitted or will be submitted, as the case may be, to the competent authority and that an environmental impact assessment of the relevant development will be carried out, | ||
(c) in circumstances where a competent authority has made a screening determination in respect of the relevant development concerned, that such a screening determination was made, | ||
(d) in circumstances where the environmental impact assessment report concludes that the relevant development has had, is having or is likely to have significant effects on the environment of the State, another Member State of the European Union or a Transboundary Convention state, that the report so concludes, | ||
(e) the name and address of the principal office of the competent authority, | ||
(f) the nature of the decisions that the competent authority is permitted to make upon the carrying out of such assessment, | ||
(g) that the environmental impact assessment report and other documentation submitted by the applicant to the competent authority in connection with the application will be available for inspection (free of charge) by members of the public at the offices of the competent authority during normal office hours, | ||
(h) that the environmental impact assessment report and other documentation submitted by the developer will be published on an internet website maintained by or on behalf of the competent authority, and | ||
(i) that any person may make submissions within such period as is specified in the notice. | ||
(4) Where an applicant for permission intends to submit an environmental impact assessment report with an application for permission in accordance with subsection (1), the obligation in subsection (3) shall be discharged by the inclusion of the information specified in that subsection in any public notice of the application that is required to be published under Part 4 . | ||
(5) Where an applicant for permission submits an environmental impact assessment report to the competent authority pursuant to a requirement in a notice under subsection (10) or (14) of section 229 , the notice referred to in subsection (3) shall be published not later than 3 days after the submission of the environmental impact assessment report to the competent authority. | ||
(6) The period to be specified in a notice under paragraph (i) of subsection (3) shall— | ||
(a) in circumstances where the obligation under subsection (3) is discharged in the manner specified in subsection (4), be— | ||
(i) the period prescribed for the making of submissions in relation to the application for permission in accordance with the applicable provisions of Part 4 , or | ||
(ii) the period of 30 days from the date of the notice, | ||
whichever expires later, | ||
(b) in all other cases, be the period of 5 weeks, or such other period as may be prescribed by the Minister, from the date of the notice. |