Planning and Development Act 2024

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Additional provisions relevant to strategic gas infrastructure development and electricity transmission infrastructure development

128. (1) Where the proposed development to which an application to the Commission for permission for Chapter 4 development relates comprises or is for the purposes of strategic gas infrastructure development, the Commission shall request the Commission for Regulation of Utilities (in this section referred to as the “CRU”) to make observations on safety or operational matters including any relevant safety advice or to make specific recommendations which the CRU considers appropriate within such period as may be specified (which period shall not be less than 3 weeks from the date of the request).

(2) Where the Commission is considering not accepting the observations or any recommendation of the CRU it shall give notice of that fact and of the reasons therefor to, and consult with the CRU, and the Commission shall request the CRU to respond not later than the end of the period of 3 weeks beginning on the date of the giving of notice under this subsection.

(3) The Commission shall consider any response given by the CRU to a request under subsection (1) before it makes a decision under section 123 in relation to the application.

(4) Where the Commission, in deciding to grant permission for a proposed development under section 123 , or to refuse permission for a proposed development under that section, does not follow the observations or any recommendations of the CRU or part thereof, it shall give reasons.

(5) In making observations on safety or operational matters including any relevant safety advice or specific recommendations which the CRU considers appropriate under this section, the CRU may, without prejudice to the generality of the entitlement to make such observations, refer to such matters as it considers appropriate, including—

(a) a LPG and natural gas safety regulatory framework established under subsection (1G) of section 9 of the Act of 1999,

(b) a risk-based petroleum safety framework established under section 13I of the Act of 1999,

(c) directions given by the Minister for Environment, Climate and Communications, under section 13J of the Act of 1999,

(d) safety case guidelines prepared under section 13L of the Act of 1999,

(e) a safety case within the meaning of subsection (1) of section 13A of the Act of 1999,

(f) a revised safety case within the meaning of subsection (1) of section 13A of the Act of 1999,

(g) a safety permit issued under section 13P of the Act of 1999,

(h) an improvement notice served under section 9JB of the Act of 1999,

(i) an improvement notice served under section 13Z of the Act of 1999,

(j) a prohibition notice served under section 9JC of the Act of 1999,

(k) a prohibition notice served under section 13AA of the Act of 1999,

(l) safety standards, guidelines and codes of practice referred to in the framework established under subsection (1G) of section 9 of the Act of 1999,

(m) safety standards referred to in guidelines issued under section 13L of the Act of 1999,

(n) standards and codes of practice referred to in paragraph (c) of subsection (3) of section 13L of the Act of 1999,

(o) conditions relating to licences issued under both subsection (1) of section 16 of the Gas (Interim) (Regulation) Act 2002 and section 9JE of the Act of 1999,

(p) conditions relating to petroleum authorisations within the meaning of subsection (1) of section 13A of the Act of 1999, and

(q) international safety practices and international safety learning.

(6) An application for permission for Chapter 4 development referred to in subsection (1) shall, if the proposed development to which the application relates will consist of or include a pipeline, be accompanied by a certificate in relation to the pipeline provided under section 26 of the Gas Act 1976 or section 20 of the Gas (Amendment) Act 2000 by—

(a) in the case of a strategic upstream gas pipeline, the Minister for Environment, Climate and Communications, or

(b) in the case of a strategic downstream gas pipeline, the CRU.

(7) Subject to subsection (8), where the proposed development to which an application to the Commission for permission for Chapter 4 development relates comprises or is for the purposes of strategic gas infrastructure development or electricity transmission infrastructure development, the Commission may grant an exemption from a requirement to prepare an environmental impact assessment report in respect of the proposed development if it is satisfied that—

(a) exceptional circumstances so warrant,

(b) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and

(c) the objectives of the Environmental Impact Assessment Directive are otherwise met.

(8) No exemption may be granted in respect of proposed development under subsection (7) where another Member State of the European Union or a state which is a party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it wishes to furnish views on those effects.