Planning and Development Act 2024
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Obligation to carry out screening for environmental impact assessment and environmental impact assessment | ||
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225. (1) (a) The Minister may prescribe a class of relevant development for the purposes of this subsection. | ||
(b) A competent authority shall carry out an environmental impact assessment of relevant development of a class prescribed under paragraph (a) before it makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development. | ||
(2) (a) The Minister may— | ||
(i) prescribe a class of relevant development for the purposes of this subsection, and | ||
(ii) prescribe a threshold in respect of relevant development of that class. | ||
(b) Where, in relation to relevant development of a class prescribed under paragraph (a), the threshold prescribed under subparagraph (ii) of that paragraph in relation to relevant development of that class is reached or exceeded, then, before the competent authority makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development, the competent authority shall carry out an environmental impact assessment of that relevant development. | ||
(c) Where, in relation to a relevant development of a class prescribed under paragraph (a), the threshold prescribed under subparagraph (ii) of that paragraph in relation to that class is not reached, then, before the competent authority makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development, the competent authority shall— | ||
(i) carry out a screening for environmental impact assessment of that relevant development, and | ||
(ii) if, having carried out such screening, it determines that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, carry out an environmental impact assessment of the relevant development. | ||
(d) Paragraph (c) shall apply, in relation to— | ||
(i) the performance by a local authority or State authority of its functions as competent authority under subparagraph (i) of that paragraph, and | ||
(ii) the performance by the Commission, on an appeal under section 230 , of its functions under the said subparagraph (i), | ||
as if the words “then, before the competent authority makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development,” were deleted. | ||
(e) References in paragraph (c) to competent authority shall, for the purposes of the carrying out of a screening for environmental impact assessment of a relevant development by the Commission on an appeal under section 230 , be construed as including references to the Commission. | ||
(f) The Minister may prescribe the manner in which, and criteria by reference to which, a screening determination shall be made in accordance with paragraph (c). | ||
(3) (a) The Minister may— | ||
(i) prescribe a class of relevant development for the purposes of this subsection, and | ||
(ii) prescribe a threshold in respect of relevant development of that class. | ||
(b) Where relevant development of a class prescribed under paragraph (a) does not reach the threshold prescribed in respect of that class under subparagraph (ii) of that paragraph, then, before the competent authority makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development, the competent authority shall— | ||
(i) carry out an examination of the nature and location of that relevant development, | ||
(ii) if, having carried out such examination, it is not satisfied that the possibility of significant effects on the environment resulting from the relevant development can be excluded, carry out a screening for environmental impact assessment of that relevant development, and | ||
(iii) if, having carried out such screening, it determines that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, carry out an environmental impact assessment of the relevant development. | ||
(c) The Minister may prescribe the manner in which, and criteria by reference to which, a screening determination shall be made in accordance with paragraph (b). | ||
(4) (a) Where, following the conduct of an examination under subparagraph (i) of paragraph (b) of subsection (3) in relation to a relevant development consisting of local authority development or State authority development, the competent authority is satisfied that the possibility of significant effects on the environment resulting from the relevant development can be excluded, it shall declare in writing that it is so satisfied. | ||
(b) Any person may appeal a declaration under paragraph (a) to the Commission. | ||
(c) Paragraph (b) of subsection (3) shall apply, in relation to— | ||
(i) the performance by a local authority or State authority of its functions as competent authority under subparagraph (i) or (ii) of that paragraph, and | ||
(ii) the carrying out of— | ||
(I) an examination in accordance with subparagraph (i) of that paragraph by the Commission on appeal under this subsection, or | ||
(II) a screening for environmental impact assessment in accordance with subparagraph (ii) of that paragraph by the Commission, on an appeal under section 230 , | ||
as if the words “then, before the competent authority makes a decision under Chapter 3 , 4 or 5 of Part 4 in relation to an application for permission for that relevant development,” were deleted. | ||
(d) References, in paragraph (b) of subsection (3), to the competent authority shall, for the purposes of— | ||
(i) the carrying out of an examination in accordance with subparagraph (i) of that paragraph by the Commission on an appeal under this subsection, or | ||
(ii) the carrying out of a screening for environmental impact assessment of a relevant development under subparagraph (ii) of that paragraph by the Commission on an appeal under section 230 , | ||
be construed as including references to the Commission. | ||
(e) The Minister may make regulations for the purposes of the conduct of examinations under subparagraph (i) of paragraph (b) of subsection (3) and the bringing and conduct of appeals under paragraph (b) of this subsection, including— | ||
(i) the manner in which an examination shall be conducted, | ||
(ii) the matters that shall be taken into consideration when conducting an examination, | ||
(iii) the publication and giving of notice of the outcome of an examination, and | ||
(iv) the manner in which an appeal under paragraph (b) may be brought. | ||
(5) (a) The officers or members of staff of a local authority or State authority performing, or who have performed, any functions (other than functions under this Chapter)— | ||
(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or | ||
(ii) otherwise in relation to the relevant development (including the facilitating of the development), | ||
shall not carry out an examination of the development under subparagraph (i) of paragraph (b) of subsection (3). | ||
(b) The officers or members of staff of a local authority or State authority carrying out an examination of a relevant development under subparagraph (i) of paragraph (b) of subsection (3) shall not, in relation to the carrying out of such examination, be subject to the direction, control or supervision (direct or indirect) of any officer or member of staff of the local authority or State authority, as the case may be, who performs or has performed any function (other than a function under this Chapter)— | ||
(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or | ||
(ii) otherwise in relation to the relevant development (including the facilitating of the development). | ||
(c) In this subsection— | ||
“local authority” means a local authority that— | ||
(i) has carried out or proposes to carry out a relevant development, and | ||
(ii) is the competent authority for the purposes of the carrying out of an examination of that relevant development under subparagraph (i) of paragraph (b) of subsection (3); | ||
“State authority” means a State authority that— | ||
(i) has carried out or proposes to carry out a relevant development, and | ||
(ii) is the competent authority for the purposes of the carrying out of an examination of that relevant development under subparagraph (i) of paragraph (b) of subsection (3). | ||
(6) An environmental impact assessment of a relevant development shall not be required except in accordance with this section. |