S.I. No. 463/2025 - European Union (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2025
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 7th October, 2025. | ||
I, JAMES BROWNE, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purposes of giving further effect to Directive 2001/42/EC of the European Parliament and Council of 27 June 20011 , hereby make the following regulations: | ||
Citation | ||
1. (1) These Regulations may be cited as the European Union (Environmental Assessment of Certain Plans and Programmes) (Amendment) Regulations 2025. | ||
(2) These Regulations (other than Regulation 4(b)) come into operation on the 2nd day of October 2025. | ||
(3) Regulation 4(b) comes into operation on the commencement of sections 25(8) and 25(9) and Chapters 5 and 6 of the Planning and Development Act 2024 (No. 34 of 2024). | ||
Definition | ||
2. In these Regulations, “Principal Regulations” means European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 ( S.I. No. 435 of 2004 ). | ||
Amendment of Principal Regulations | ||
3. The Principal Regulations are amended— | ||
(a) in Article 3, by inserting after paragraph (2) the following: | ||
“(3) Articles 9 to 17 shall not apply to a plan or programme made under Part 3, 21 or 22 of the Planning and Development Act 2024 (No. 34 of 2024).”, | ||
and | ||
(b) by inserting after Article 17 the following: | ||
“Joint or coordinated assessments | ||
18. Where in relation to a plan or programme, there is an obligation to carry out an assessment under these Regulations and Article 6 of the Habitats Directive, a competent authority may for the purpose of avoiding duplication of effort— | ||
(a) carry out both assessments jointly to the extent that the carrying out of the assessments jointly, or | ||
(b) provide for a coordinated procedure in relation to both assessments to fulfil the requirements of these Regulations or that Article to the extent that the coordinated procedure, | ||
would not hinder compliance with any of the requirements of these Regulations or Article 6 of the Habitats Directive in relation to either such assessment.”. | ||
Revocation | ||
4. The following are revoked: | ||
(a) Article 7 of the Principal Regulations and | ||
(b) Articles 4 to 6 and 8 of the Principal Regulations. | ||
| ||
GIVEN under my Official Seal, | ||
2 October, 2025. | ||
JAMES BROWNE, | ||
Minister for Housing, Local Government and Heritage. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations provide for consequential amendments to the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 ( S.I. No. 435 of 2004 ) following the enactment of the Planning and Development Act 2024 . | ||
The amendments provide that these Regulations do not apply to the following plans made under Part 3, Part 21 and Part 22 of the Planning and Development Act 2024 : | ||
• National Planning Framework; | ||
• National Planning Statement; | ||
• Regional Spatial and Economic Strategy; | ||
• Development Plan; | ||
• Urban Area Plan; | ||
• Priority Area Plan; | ||
• Coordinated Area Plan; | ||
• Ministerial Direction; | ||
• Ministerial Order; | ||
• Planning Scheme for Strategic Development Zone; and | ||
• Planning Scheme for Urban Development Zone. | ||
The Regulations also revoke Articles 4, 5, 6, 7 and 8 which provided regulation making powers for the Minister in the Planning and Development Act 2000 regarding strategic environmental assessment. | ||
