Draft European Union (Environmental Impact Assessment) (Planning and Development) Regulations
The Department of the Environment, Community and Local Government invites submissions on the recently published draft European Union (Environmental Impact Assessment) (Planning and Development) Regulations. The draft regulations may be viewed at:
Comments should be forwarded, to arrive by 5.45pm on 17 January 2014, to:
EIA Regulations Consultation
Marine Planning and Foreshore Section
Department of the Environment, Community and Local Government
Please note that all submissions and comments submitted to the Department of the Environment, Community and Local Government for this purpose are subject to release under the Freedom of Information Acts 1997 and 2003 and the European Communities (Access to Information on the Environment) Regulations 2007 to 2011. They may also be published on the Department’s website.
European Union (Environmental Impact Assessment)(Planning and Development) Regulations 2014
A review of the transposition of the Environmental Impact Assessment (EIA) Directive in Irish law, as relevant to the Marine Planning and Foreshore section of the Department, has identified that amendments to the relevant legislation are required to ensure that Point 2(d) of Annex II of the Directive (which refers to deep drillings) is adequately transposed.
The relevant legislation includes the Planning and Development Act, the Planning and Development Regulations 2001 and the Foreshore Act. As the amendments will give effect to EU law, an amending regulation under the European Communities Act 1972 is appropriate. An amendment to each of these pieces of legislation is considered appropriate.
The purpose of the amendments is to bring any deep drilling, except drilling for investigating the stability of the soil (the exception permitted by the EIA Directive) into the legislative framework. All deep drilling requiring either planning permission or a foreshore consent will have to be screened for EIA on a case by case basis by the relevant competent authority (i.e. the planning authority/An Bord Pleanála in the case of planning applications, or the Minister in the case of foreshore consents). EIA will be mandatory in respect of such deep drilling unless the screening process determines otherwise