Environmental Protection Agency Act, 1992
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Environmental impact assessment. |
72.—(1) (a) Subject to Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, and subsections (3) and (3A) of section 4 of the Local Government (Roads and Motorways) Act, 1974 , or to any provision amending or replacing that Article or those subsections, the Agency may, and shall at the request of the Minister, or of any other Minister of the Government in relation to those matters for which that Minister is the competent authority, prepare guidelines on the information to be contained in environmental impact statements in respect of development to which this section applies. | |
(b) The Agency shall, in preparing such guidelines, consult with the Minister and with any other Minister who in the opinion of the Agency is concerned. | ||
(2) Guidelines under subsection (1) may relate to all development, or to any particular class of development, to which this section applies. | ||
(3) (a) Regard shall be had, in the preparation of an environmental impact statement in respect of development to which this section applies, to any guidelines under subsection (1) which relate to the development concerned. | ||
(b) A competent authority to which an environmental impact statement is submitted in respect of development to which this section applies shall, in considering the said statement, have regard to any guidelines under subsection (1) which relate to the development concerned. | ||
(4) (a) A copy of an environmental impact statement prepared in respect of any development or class of development to which this section applies other than an activity for which a licence or revised licence under Part IV is required, shall be sent to the Agency by the person or body on whose behalf the environmental impact statement is prepared, at such time as may be prescribed. | ||
(b) (i) The Agency may, having considered an environmental impact statement received pursuant to paragraph (a), make to the competent authority concerned such submissions or observations as it considers appropriate within such period as may be prescribed. | ||
(ii) Where an environmental impact statement received by the Agency pursuant to paragraph (a) relates to development other than development by a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, a copy of any submissions or observations submitted to the competent authority under subparagraph (i) shall be sent by the Agency to the person or body by whom the environmental impact statement was sent pursuant to paragraph (a). | ||
(c) A competent authority which receives submissions or observations from the Agency under paragraph (b) (i) shall, notwithstanding the provisions of any other enactment as to the matters to which that authority is to have regard in dealing with a case involving an environmental impact statement, have regard to such submissions or observations. | ||
(5) The Agency shall be consulted and regard shall be had to its views, in the case of any development to which this section applies, before— | ||
(a) a decision is made on an application for an exemption from a requirement of any enactment to prepare an environmental impact statement, or | ||
(b) a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, decides that Article 23 (1) (a) shall not apply in relation to the proposed development. | ||
(6) Any submissions or observations made by the Agency under subsection (4) (b) (i) or subsection (5) shall be available for inspection by any person free of charge at the Agency's headquarters during office hours. | ||
(7) This section shall apply to— | ||
(a) development which is of a class for the time being specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989, or under any enactment amending or replacing that Article, and | ||
(b) a motorway which has the meaning assigned to it by the Local Government (Roads and Motorways) Act, 1974 . | ||
(8) In this section, unless the context otherwise requires— | ||
“competent authority” means— | ||
(a) a Minister of the Government or other public authority or body to which an environmental impact statement in respect of development to which this section applies is required by or under any enactment to be submitted, or | ||
(b) a State authority within the meaning of Article 23 of the European Communities (Environmental Impact Assessment) Regulations, 1989, by which an environmental impact statement in respect of development to which this section applies is required to be prepared; | ||
“environmental impact statement” includes an “environmental impact study” for the purposes of the European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988. |