Planning and Development Act 2024

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Transboundary environmental impacts

238. (1) The Minister may prescribe arrangements for—

(a) consultation by a competent authority to whom an application for permission for relevant development requiring an environmental impact assessment is made with a Member State of the European Union or a Transboundary Convention state where—

(i) the competent authority considers that the relevant development has had, is having or is likely to have significant effects on the environment of that state, or

(ii) that Member State or Transboundary Convention state considers that the relevant development is likely to have such effects,

and

(b) consultation by the Minister or a planning authority with a Member State of the European Union or a Transboundary Convention state within which a project that has had, is having or is likely to have a transboundary impact (within the meaning of the Transboundary Convention) on the State is, or is proposed to be, located, where—

(i) the Minister or that planning authority considers that the project has had, is having or is likely to have significant effects on the environment of the State (including the exclusive economic zone of the State), or

(ii) that Member State or Transboundary Convention state considers that the project has had, is having or is likely to have such effects.

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may make provision for—

(a) the notification of the Minister by the competent authority of the application for permission for a relevant development that has had, is having or is likely to have significant effects on the environment in a Member State of the European Union or a Transboundary Convention state,

(b) the provision of information relating to the application, including any environmental impact assessment report, by the competent authority to the Minister,

(c) the notification of a Member State of the European Union or a Transboundary Convention state and the provision of information relating to the application for permission, including any environmental impact assessment report, to that state,

(d) the provision of information and the making of submissions (including submissions in relation to an environmental impact assessment report) by a Member State of the European Union or a Transboundary Convention state regarding the application for permission for the relevant development concerned and its significant effects or likely significant effects on the environment of a Member State of the European Union or a Transboundary Convention state concerned and the transmission of such information and submissions to the competent authority, and

(e) time limits for consultations with a Member State of the European Union or a Transboundary Convention state and, where necessary, the extension of time limits for the taking of steps and the making of decisions under this Act in order to facilitate consultations with the Member State of the European Union or a Transboundary Convention state.

(3) Where a Member State of the European Union or a Transboundary Convention state provides information or makes submissions regarding an application for permission for a relevant development and its significant effects or likely significant effects on the environment of that state, the competent authority concerned shall take such information or submissions into account when carrying out any environmental impact assessment or making a decision under Part 4 in relation to the application for permission.

(4) A competent authority may, following the taking into account of any information provided or submissions made by a Member State of the European Union or a Transboundary Convention state in accordance with subsection (3), attach to any grant of permission for the relevant development concerned conditions of a type referred to in subsection (6) of section 236 that are for the purpose of avoiding, preventing or reducing transboundary environmental effects of the relevant development.

(5) Without prejudice to the generality of subsection (1), regulations under that subsection may make provision for:

(a) the transmission by the Minister to the competent authority or State authority of any notification received by the Minister from another Member State of the European Union or a Transboundary Convention state in respect of a project in that state that has had, is having or may be likely to have significant environmental effects on the State or the exclusive economic zone of the State;

(b) the making of a request by a competent authority or State authority, whether in response to a notification of the type referred to in paragraph (a) or otherwise, for information in relation to a project in another Member State of the European Union (or its exclusive economic zone) or a Transboundary Convention state (or its exclusive economic zone) that the competent authority or State authority, as the case may be, considers has had, is having or is likely to have significant environmental effects in the State or the exclusive economic zone of the State;

(c) the forwarding by the Minister to the Member State of the European Union or a Transboundary Convention state concerned of a request of the type referred to in paragraph (b) or the making of a request of that type by the Minister to that Member State of the European Union or Transboundary Convention state;

(d) the provision of information received by the Minister from the Member State of the European Union or a Transboundary Convention state concerned in relation to the project concerned, including any environmental impact assessment report, to the relevant competent authority in the State or State authority;

(e) the notification of the public of any information received by the Minister from the Member State of the European Union or a Transboundary Convention state concerned in relation to the project concerned, including any environmental impact assessment report, and the making of submissions by the public in relation to the information so notified;

(f) the transmission by the Minister to the Member State of the European Union or a Transboundary Convention state concerned of any information or submissions received from a competent authority, State authority or the public in relation to the project concerned;

(g) the provision of information or making of submissions by the Minister, a State authority or a competent authority to the Member State of the European Union or a Transboundary Convention state concerned in relation to the project concerned;

(h) the initiation and conduct of discussions or consultations with the Member State of the European Union or a Transboundary Convention state concerned for the purpose of ensuring that the transboundary environmental effects in the State (including in the exclusive economic zone of the State) of any project carried out or proposed to be carried out in that Member State or Transboundary Convention state, are taken into account in accordance with the requirements of the Environmental Impact Assessment Directive and the Transboundary Convention.