ARRANGEMENT OF REGULATIONS

PART 1

Preliminary Matters

1. Citation, collective citations and construction

2. Commencement

3. Transitional arrangements

4. Repeals

PART 2

Amendment of planning and development act 2000

5. Definition

6. Amendment of section 2 of Act of 2000

7. Amendment of section 5 of Act of 2000

8. Amendment of section 34 of Act of 2000

9. Amendment of section 37D of Act of 2000

10. Amendment of section 37H of Act of 2000

11. Amendment of section 38 of Act of 2000

12. Amendment of section 146 of Act of 2000

13. Amendment of section 146B of Act of 2000

14. Amendment of section 146C of Act of 2000

15. Provisions supplementary to sections 146B and 146C

16. Definitions

17. Amendment of section 172 of Act of 2000

18. Amendment of Act of 2000 — insertion of sections172A to 172C

19. Amendment of section 173 of Act of 2000

20. Amendment of section 175 of Act of 2000

21. Amendment of Act of 2000 — insertion of sections 176A to 176C

22. Amendment of section 177C of Act of 2000

23. Amendment of section 177D of Act of 2000

24. Amendment of section 177E of Act of 2000

25. Amendment of section 177F of Act of 2000

26. Amendment of section 177K of Act of 2000

27. Amendment of section 179 of Act of 2000

28. Amendment of section 181A of Act of 2000

29. Amendment of section 181B of Act of 2000

30. Amendment of section 181C of Act of 2000

31. Amendment of section 182A of Act of 2000

32. Amendment of section 182B of Act of 2000

33. Amendment of section 182C of Act of 2000

34. Amendment of section 182D of Act of 2000

35. Amendment of section 182E of Act of 2000

36. Amendment of Act of 2000 in relation to references to environmental impact statement

PART 3

Amendment of Planning and Development (Housing) and Residential Tenancies Act 2016

37. Definition

38. Amendment of section 7 of Act of 2016

39. Amendment of section 8 of Act of 2016

40. Amendment of section 9 of Act of 2016

41. Amendment of section 10 of Act of 2016

42. Construction of Fourth Schedule to Act of 2000 during remainder of specified period

43. Amendment of Act of 2016 in relation to references to environmental impact statement

PART 4

Amendment of Planning and Development (Amendment) Act 2018

44. Amendment of Schedule 2 to Planning and Development (Amendment) Act 2018

PART 5

Amendment of Planning and Development Regulations 2001

45. Definition

46. Amendment of article 3 of Regulations of 2001

47. Amendment of article 22 of Regulations of 2001

48. Amendment of article 26 of Regulations of 2001

49. Amendment of article 27 of Regulations of 2001

50. Amendment of article 31 of Regulations of 2001

51. Amendment of article 33 of Regulations of 2001

52. Amendment of article 35 of Regulations of 2001

53. Inclusion of URL to appeal on planning authority’s website, etc.

54. Amendment of article 69 of Regulations of 2001

55. Amendment of article 72 of Regulations of 2001

56. Amendment of article 74 of Regulations of 2001

57. Amendment of article 81 of Regulations of 2001

58. Amendment of article 82 of Regulations of 2001

59. Amendment of article 83 of Regulations of 2001

60. Amendment of article 87 of Regulations of 2001

61. Amendment of article 88 of Regulations of 2001

62. Amendment of article 92 of Regulations of 2001

63. Content of EIAR

64. Amendment of article 95 of Regulations of 2001

65. Copies of EIAR

66. Amendment of Regulations of 2001 — insertion of articles 97A to 97C

67. Amendment of article 103 of Regulations of 2001

68. Weekly list of planning applications

69. Amendment of article 109 of Regulations of 2001

70. Amendment of article 112 of Regulations of 2001

71. Amendment of article 114 of Regulations of 2001

72. Amendment of article 115 of Regulations of 2001

73. Scoping request to Board

74. Amendment of article 118 of Regulations of 2001

75. Amendment of article 120 of Regulations of 2001

76. Notification of URL to EIA portal

77. Content of decision

78. Amendment of article 123 of Regulations of 2001

79. Amendment of article 123A of Regulations of 2001

80. Amendment of article 132 of Regulations of 2001

81. Procedures for declarations and referrals under section 5 of Act

82. Amendment of article 210 of Regulations of 2001

83. Amendment of article 214 of Regulation of 2001

84. Notification of URL and reference number of application

85. Content of remedial EIAR

86. Amendment of article 223 of Regulations of 2001

87. Information to be provided to EIA portal

88. Amendment of article 227 of Regulations of 2001

89. Amendment of article 228 of Regulations of 2001

90. Amendment of article 235 of Regulations of 2001

91. Amendment of article 286 of Regulations of 2001

92. Amendment of article 289 of Regulations of 2001

93. Amendment of article 297 of Regulations of 2001

94. Amendment of Regulations of 2001 — insertion of articles 299A to 299C

95. Amendment of article 301 of Regulations of 2001

96. Notification of URL and reference number of application

97. Amendment of Regulations of 2001 — substitution of Schedules 6 and 7

98. Amendment of Regulations of 2001 in relation to references to environmental impact statement

99. Amendment of Schedule 3 to Regulations of 2001

SCHEDULE 1

Amendment of Act of 2000 in relation to References to Environmental Impact Statement

SCHEDULE 2

Amendment of Act of 2016 in relation to References to Environmental Impact Statement

SCHEDULE 3

Amendment of Regulations of 2001 in relation to References to Environmental Impact Statement

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

SCHEDULE 10

SCHEDULE 11

SCHEDULE 12

S.I. No. 296 of 2018

EUROPEAN UNION (PLANNING AND DEVELOPMENT) (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st July, 2018.

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011¹ on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014² amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, hereby make the following regulations:

Part 1

Preliminary Matters

Citation, collective citations and construction

1. (1) These Regulations may be cited as the European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018.

(2) Parts 2, 3 and 4 and Schedules 1 and 2 shall be included in the collective citation “Planning and Development Acts 2000 to 2018” and shall be construed together as one.

(3) The Planning and Development Regulations 2001 to 2017, the Planning and Development (Amendment) Regulations 2018 ( S.I. No. 29 of 2018 ), the Planning and Development (Amendment) (No. 2) Regulations 2018 ( S.I. No. 30 of 2018 ), the Planning and Development (Amendment) (No. 3) Regulations 2018 ( S.I. No. 31 of 2018 ), Part 5 and Schedules 3 to 12 may be collectively cited as the Planning and Development Regulations 2001 to 2018.

Commencement

2. (1) Subject to paragraph (2), these Regulations shall come into operation on 1 September 2018.

(2) Regulations 21, 67(d) and 69(e) shall come into operation on 1 January 2019.

Transitional arrangements

3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases:

(a) in respect of a determination under section 172(1)(b) of the Act of 2000, as so in force, as to whether such development has or would be likely to have significant effects on the environment, the planning authority or the Board, as the case may be, has, before 16 May 2017, initiated making such determination;

(b) a request has been made, before 16 May 2017—

(i) under section 37D (1), 173(2)(a) or (3)(a), 181C(3)(b) or 182E(3) of the Act of 2000, as so in force, for an opinion to be given or provided by the planning authority or the Board, as the case may be, on the information required to be contained in an environmental impact statement relating to such development, or

(ii) under article 117 of the Regulations of 2001, as so in force, for the Board to provide an opinion on the information to be contained in an environmental impact statement relating to such development;

(c) a request has been made, before 16 May 2017, under section 177F(2) of the Act of 2000, as so in force, for an opinion prepared by the Board on the information required to be contained in a remedial environmental impact statement relating to such development;

(d) an application for consent for proposed development referred to in section 172 of the Act of 2000, as so in force, accompanied by an environmental impact statement, has been made, before 16 May 2017, relating to such development.

(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.

(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.

(4) In this Regulation—

“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);

“Regulations of 2001” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ).

Repeals

4. (1) Section 26 of the Planning and Development (Housing) and Residential Tenancies Act 2006 (No. 17 of 2016) is repealed.

(2) Section 34 of the Planning and Development (Amendment) Act 2018 (No. 16 of 2018) is repealed.

PART 2

AMENDMENT OF PLANNING AND DEVELOPMENT ACT 2000

Definition

5. In this Part and Schedule 1, “Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000).

Amendment of section 2 of Act of 2000

6. Section 2 of the Act of 2000 is amended—

(a) in subsection (1)—

(i) by the substitution of the following definition for the definition of “Environmental Impact Assessment Directive”:

“ ‘Environmental Impact Assessment Directive’ means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011³ on the assessment of the effects of certain public and private projects on the environment as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014⁴ amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment;”,

(ii) by the substitution of the following definition for the definition of “environmental impact statement”:

“ ‘environmental impact assessment report’ means a report of the effects, if any, which proposed development, if carried out, would have on the environment and shall include the information specified in Annex IV of the Environmental Impact Assessment Directive;”, and

(iii) by the insertion of the following definitions:

“ ‘confirmation notice’ means the confirmation notice sent pursuant to article 97B(2) of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) following the entering onto the EIA portal of the information referred to in article 97A of those Regulations to which that notice relates;

‘EIA portal’ means the website referred to in section 172A;

‘European Union’ means European Union within the meaning of the European Communities Act 1972 (No. 27 of 1972);

‘this Act’ includes a statutory instrument made thereunder;”, and

(b) by the insertion of the following subsection after subsection (7):

“(8) Subject to this Act, a word or expression that is used in this Act and that is also used in the Environmental Impact Assessment Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.”.

Amendment of section 5 of Act of 2000

7. Section 5 of the Act of 2000 is amended—

(a) in subsection (2)—

(i) in paragraph (a), by the substitution of “paragraphs (b) and (ba)” for “paragraph (b)”, and

(ii) by the insertion of the following paragraph after paragraph (b):

“(ba)(i) Subject to subparagraph (ii), a planning authority shall not be required to comply with paragraph (a) within the period referred to in that paragraph where it appears to the planning authority that it would not be possible or appropriate, because of the exceptional circumstances of the development or proposed development (including in relation to the nature, complexity, location or size of such development) identified in the request under subsection (1) to do so.

(ii) Where subparagraph (i) applies, the planning authority shall, by notice in writing served on—

(I) the person who made the request under subsection (1), and

(II) each person to whom a request has been made under paragraph (c),

before the expiration of the period referred to in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with that paragraph within that period and shall specify the date before which the authority intends that the declaration concerned shall be made.”, and

(b) by the insertion of the following subsections after subsection (7):

“(7A) A planning authority or the Board, as the case may be, shall, in respect of a development or proposed development specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001, specify in its declaration or decision, as the case may be, whether the development or proposed development identified in the request under subsection (1) or in the referral under subsection (3) or (4), as the case may be, would be likely to have significant effects on the environment by virtue, at the least, of the nature, size or location of such development and require an environmental impact assessment.

(7B)(a) Where the planning authority issues its declaration on a request under subsection (1) or the Board makes its decision on a referral under subsection (3) or (4), as the case may be, the following documents shall, within 3 working days, be placed on the planning authority’s or Board’s, as the case may be, website for inspection and be made available for inspection and purchase by members of the public during office hours at the offices of the authority or Board, as the case may be, for at least the minimum period referred to in paragraph (b):

(i) a copy of the question arising as to what is or is not development or is or is not exempted development within the meaning of this Act and any information, particulars, evidence, written study or further information received or obtained from any of the following:

(I) the person making the request or referral, as the case may be;

(II) the owner or occupier of the land in question;

(III) any other person;

(ii) a copy of any submissions or observations in relation to the question arising as to what is or is not development or is or is not exempted development within the meaning of this Act;

(iii) a copy of any report prepared by or for the authority or the Board, as the case may be, in relation to the request or referral;

(iv) a copy of the declaration of the authority or the decision of the Board, as the case may be, in respect of the question identified in the request under subsection (1) or in the referral under subsection (3) or (4), as the case may be.

(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the issue of the declaration by the planning authority or the date of the decision of the Board, as the case may be.

(7C) For the purposes of subsection (7A), the Minister may, by regulations, provide for additional, consequential or supplementary matters as regards procedures in respect of a request under subsection (1) or a referral under subsection (3) or (4), as the case may be, in relation to—

(a) the submission of information to the planning authority or the Board for those purposes,

(b) time limits within which such information shall be so submitted,

(c) notifications to persons concerned with the declaration or decision, as the case may be, referred to in that subsection,

(d) steps to be taken (including matters which must be regarded) in the course of the making of such declaration or decision, or

(e) the publication of such declaration or decision.”.

Amendment of section 34 of Act of 2000

8. Section 34 of the Act of 2000 is amended—

(a) in subsection (8)(ca)(ii)—

(i) in clause (I), by the substitution of “within 8 weeks, in the case of further information in relation to the environmental impact assessment report, and within 4 weeks, in the case of further information in relation to the Natura impact statement,” for “within 4 weeks”, and

(ii) in clause (II), by the substitution of “within 8 weeks, in the case of such further information given in relation to the environmental impact assessment report, and within 4 weeks, in the case of such further information given in relation to the Natura impact statement,” for “within 4 weeks”, and

(b) in subsection (10)—

(i) in paragraph (a), by the substitution of “Subject to paragraph (c) and without prejudice to section 172(1I), a decision” for “A decision”, and

(ii) by the insertion of the following paragraph after paragraph (b):

“(c) Where, in the case of an application for planning permission accompanied by an environmental impact assessment report, a decision by a planning authority under this section or by the Board under section 37, as the case may be—

(i) to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report) in relation to the grant of permission is materially different, in relation to the terms of such condition, from the recommendation in—

(I) the reports on a planning application to the chief executive (or such other person delegated to make the decision) in the case of a planning authority, or

(II) a report of a person assigned to report on an appeal on behalf of the Board,

as the case may be, a statement under paragraph (a) shall indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the reports or report in relation to such condition referred to in clause (I) or (II), as the case may be,

(ii) to grant, subject to or without conditions, permission, such permission shall include or refer to a statement that the planning authority or the Board, as the case may be, is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, and

(iii) shall include a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.”.

Amendment of section 37D of Act of 2000

9. Section 37D of the Act of 2000 is amended—

(a) in subsection (1), by the substitution of “the scope and level of detail of the information to be included” for “what information will be required to be contained”,

(b) in subsection (2)(b), by the insertion of “after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment,” before “comply”, and

(c) by the insertion of the following subsection after subsection (3):

“(3A) Where an opinion referred to in subsection (2) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.”.

Amendment of section 37H of Act of 2000

10. Section 37H of the Act of 2000 is amended—

(a) in subsection (1A)(a), by the insertion of “as soon as may be” after “published”,

(b) in subsection (2)—

(i) in paragraph (a), by the insertion of “subject to paragraph (ba),” before “the main”,

(ii) in paragraph (b)—

(I) by the insertion of “subject to paragraph (bb),” before “where conditions”, and

(II) by the deletion of “and”, and

(iii) by the insertion of the following paragraphs after paragraph (b):

“(ba) in relation to the granting or refusal of any permission, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to grant or refuse permission is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to grant or refuse permission,

(bb) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to the grant of any permission is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,

(bc) in relation to the granting or refusal of any permission, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, and”, and

(c) by the insertion of the following subsection after subsection (2):

“(2A) A decision given under section 37G and the notification of the decision shall include a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.”.

Amendment of section 38 of Act of 2000

11. Section 38 of the Act of 2000 is amended—

(a) in subsection (1), by the insertion of “, subject to subsection (3),” after “the authority and”, and

(b) by the substitution of the following subsections for subsection (3):

“(3)(a) Where a planning application is not accompanied by an environmental impact assessment report, any other document referred to in subsection (1)(a) or (b) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority by placing the document on the authority’s website for inspection or in other electronic form.

(b) Where a planning application is accompanied by an environmental impact assessment report—

(i) a document referred to in subsection (1)(a) which is received or obtained by a planning authority shall be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document and may also be made available for inspection by the authority in other electronic form,

(ii) a document referred to in subsection (1)(b) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority for inspection by placing the document on the authority’s website or in other electronic form, and

(iii) a document referred to in subsection (1)(c), (d) or (e) which is received or obtained by a planning authority shall be placed on its website for inspection within 3 working days of the giving of the decision in respect of the application.

(3A) Without prejudice to the Freedom of Information Act 2014 , and the European Communities (Access to Information on the Environment) Regulations 2007 to 2014, and any regulations amending those regulations, and the Data Protection Acts 1988 to 2018, the documents placed on the planning authority’s website pursuant to subsection (3)(b) shall be maintained and available for inspection thereon in perpetuity.”.

Amendment of section 146 of Act of 2000

12. Section 146 of the Act of 2000 is amended—

(a) by the substitution of the following subsection for subsection (4):

“(4) It shall be sufficient compliance with the requirement referred to in subsection (3) for the Board—

(a) where an environmental impact assessment report or a remedial environmental impact assessment report (as construed in accordance with section 177F), or both such reports, is or are, as the case may be, submitted with an application or request, or any such report is received by the Board in the course of considering an application, request or appeal, to place on its website for inspection and make available for inspection and purchase by members of the public at the offices of the Board from as soon as may be after receipt of such report—

(i) the application, request or appeal, as the case may be,

(ii) the environmental impact assessment report or remedial environmental impact assessment report, or both such reports, as the case may be,

(iii) the notice or notices, as the case may be, published in one or more newspapers circulating in the area in which it is proposed to carry out the development, or in which the development is located, indicating the nature and location of the proposed development or development, as the case may be,

(iv) any further information furnished by, or alterations to the terms of the development made by, or a revised environmental impact assessment report or a revised remedial environmental impact assessment report (as construed in accordance with section 177F), or both such reports, as the case may be, furnished by, the person who is proposing to carry out or who has carried out the development, as the case may be, and

(v) any other relevant material or information, or

(b) in any other case, to do both of the following (or, as appropriate, the Board, in the exercise of the discretion referred to in subsection (3), may do both of the following):

(i) make the relevant material or information available for inspection—

(I) at the offices of the Board or any other place, or

(II) by electronic means; and

(ii) notify the person concerned that the relevant material or information is so available for inspection.”, and

(b) by the substitution of the following subsection for subsection (7):

“(7) The documents referred to in subsection (5) shall—

(a) where an environmental impact assessment was carried out, be made available for inspection on the Board’s website in perpetuity beginning on the third day following the making by the Board of the decision on the matter concerned, or

(b) where no environmental impact assessment was carried out, be made available by the means referred to in subsection (5)(b) for a period of at least 5 years beginning on the third day following the making by the Board of the decision on the matter concerned.”.

Amendment of section 146B of Act of 2000

13. Section 146B of the Act of 2000 is amended—

(a) by the substitution of the following subsection for subsection (3):

“(3)(a) If the Board decides that the making of the alteration would not constitute the making of a material alteration of the terms of the development concerned, it shall alter the planning permission, approval or other consent accordingly and notify the person who made the request under this section, and the planning authority or each planning authority for the area or areas concerned, of the alteration.

(b) If the Board decides that the making of the alteration would constitute the making of such a material alteration, it shall—

(i) by notice in writing served on the requester, require the requester to submit to the Board the information specified in Schedule 7A to the Planning and Development Regulations 2001 in respect of that alteration, or in respect of the alternative alteration being considered by it under subparagraph (ii)(II), unless the requester has already provided such information, or an environmental impact assessment report on such alteration or alternative alteration, as the case may be, to the Board, and

(ii) following the receipt of such information or report, as the case may be, determine whether to—

(I) make the alteration,

(II) make an alteration of the terms of the development concerned, being an alteration that would be different from that to which the request relates (but which would not, in the opinion of the Board, represent, overall, a more significant change to the terms of the development than that which would be represented by the latter alteration), or

(III) refuse to make the alteration.”,

(b) by the insertion of the following subsections after subsection (3):

“(3A) Where the requester is submitting to the Board the information referred to in subsection (3)(b)(i), that information shall be accompanied by any further relevant information on the characteristics of the alteration under consideration and its likely significant effects on the environment including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

(3B) Where the requester is submitting to the Board the information referred to in subsection (3)(b)(i), that information may be accompanied by a description of the features, if any, of the alteration under consideration and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the alteration.”,

(c) in subsection (4)—

(i) by the substitution of “determination under subsection (3)(b)(ii)” for “determination under subsection (3)(b)”, and

(ii) by the substitution of “subsection (3)(b)(ii)(II)” for “subsection (3)(b)(ii)”,

(d) by the insertion of the following subsection after subsection (4):

“(4A)(a) Subject to paragraph (b), within 8 weeks of receipt of the information referred to in subsection (3)(b)(i), the Board shall make its determination under subsection (4).

(b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period referred to in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the alteration under consideration (including in relation to the nature, complexity, location or size of such alteration) to do so.

(c) Where paragraph (b) applies, the Board shall, by notice in writing served on the requester before the expiration of the period referred to in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the Board intends that the determination concerned shall be made.”,

(e) in subsection (5)—

(i) by the substitution of “in subsection (3)(b)(ii)” for “in subsection (3)(b)”, and

(ii) in paragraph (a), by the substitution of “subsection (3)(b)(ii)” for “subsection (3)(b)”,

(f) in subsection (6), by the substitution of “subsection (3)(b)(ii)” for “subsection (3)(b)”,

(g) by the substitution of the following subsections for subsection (7):

“(7)(a) In making a determination under subsection (4), the Board shall have regard to—

(i) the criteria for the purposes of determining which classes of development are likely to have significant effects on the environment set out in any regulations made under section 176,

(ii) the criteria set out in Schedule 7 to the Planning and Development Regulations 2001,

(iii) the information submitted pursuant to Schedule 7A to the Planning and Development Regulations 2001,

(iv) the further relevant information, if any, referred to in subsection (3A) and the description, if any, referred to in subsection (3B),

(v) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(vi) in respect of an alteration under consideration which would be located on, or in, or have the potential to impact on—

(I) a European site,

(II) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

(III) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

(IV) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

(V) land designated as a refuge for flora or a refuge for fauna under section 17 of the Wildlife Act 1976 ,

(VI) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

(VII) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of such alteration on such site, area, land, place or feature, as appropriate.

(b) The Board shall include, or refer to, in its determination under subsection (4) the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination is based.

(7A) Where the determination of the Board under subsection (4) is that the alteration under consideration would not be likely to have significant effects on the environment and the applicant has, under subsection (3B), provided a description of the features, if any, of the alteration concerned and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the alteration concerned, the Board shall specify such features, if any, and such measures, if any, in the determination,”, and

(h) in subsection (8)—

(i) by the substitution of “a determination under subsection (3)(b)(ii)” for “a determination under subsection (3)(b)”, and

(ii) in paragraph (c), by the substitution of “subsection (3)(b)(ii)” for “subsection (3)(b)”.

Amendment of section 146C of Act of 2000

14. Section 146C of the Act of 2000 is amended—

(a) in subsection (1), by the substitution of “section 146B(3)(b)(ii)” for “section 146B(3)(b)”,

(b) in subsection (2)—

(i) in paragraph (a), by the substitution of “subsection (3)(b)(ii)(I) of that section” for “subsection (3)(b)(ii)”, and

(ii) in paragraph (b), by the substitution of “subsection (3)(b)(ii)(II) of that section” for “subsection (3)(b)(ii)”,

(c) in subsection (3)(b)—

(i) in subparagraph (i), by the deletion of “and” where it last occurs, and

(ii) by the deletion of subparagraph (ii),

(d) in subsection (4)—

(i) in paragraph (a), by the insertion of “and one electronic copy of the report (which shall be searchable by electronic means as far as practicable)” before “to the Board”,

(ii) by the insertion of the following paragraph after paragraph (a):

“(aa) submit a copy of the confirmation notice to the Board,”, and

(iii) in paragraph (b)(iv), by the substitution of “30 days” for “4 weeks”,

(e) in subsection (5), by the substitution of “section 146B(3)(b)(ii)” for “section 146B(3)(b)”,

(f) in subsection (7), by the substitution of “section 146B(3)(b)(ii)” for “section 146B(3)(b)”,

(g) in subsection (8)—

(i) by the substitution of “section 146B(3)(b)(ii)” for “section 146B(3)(b)”, and

(ii) by the substitution of the following paragraph for paragraph (a):

“(a) it shall—

(i) give public notice of the determination (including notice in the area in which the development concerned is proposed to be, or is being, carried out),

(ii) inform the prescribed bodies or persons sent a copy of the environmental impact assessment report in accordance with subsection (4)(c), and

(iii) inform any state to which an environmental impact assessment report has been sent under subsection (4)(d) of the determination, including, if the determination is of the kind referred to in paragraph (b), particulars of the determination, and”, and

(iii) in paragraph (b) by the substitution of “section 146B(3)(b)(ii)” for “section 146B(3)(b)”, and

(h) by the insertion of the following subsections after subsection (8):

“(8A) Where the Board makes a determination under section 146B(3)(b)(ii) in a case to which this section applies, the determination shall—

(a) state the reasoned conclusion, in relation to the significant effects on the environment of the proposed alteration, on which the determination is based,

(b) where the determination (being a determination which arises from the consideration of the environmental impact assessment report concerned) by the Board to make an alteration of either kind referred to in section 146B(3)(b)(ii), or to refuse to make an alteration, is different from the recommendation in a report of a person assigned to report on the request on behalf of the Board, state the main reasons for not accepting the recommendation in the last-mentioned report, and

(c) include a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the determination or otherwise addressed.

(8B) Where the Board makes a determination under section 146B(3)(b)(ii), in a case to which this section applies, to make an alteration of either kind referred to in that section and imposes a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to the determination which is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the request on behalf of the Board, the determination shall indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition.

(8C) Where the Board makes a determination under section 146B(3)(b)(ii), in a case to which this section applies, to make an alteration of either kind referred to in that section, the determination shall be accompanied by a statement that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the alteration was up to date at the time of the making of the determination.”.

Provisions supplementary to sections 146B and 146C

15. The Act of 2000 is amended by the insertion of the following section after section 146C:

“146CA. (1) (a) Paragraph (b) applies where a person—

(i) is carrying out or intending to carry out strategic infrastructure development and intends to make a request under section 146B(1), accompanied by an environmental impact assessment report, to the Board to alter the terms of the development, or

(ii) is required by the Board pursuant to section 146C to submit an environmental impact assessment report to the Board.

(b)(i) Subparagraph (ii) applies where, before a person submits an environmental impact assessment report to the Board, he or she requests the Board to give him or her an opinion in writing on the scope and level of detail of the information required to be included in the report.

(ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the person referred to in subparagraph (i), in particular on the specific characteristics of the proposed alteration, including its location and technical capacity, and its likely impact on the environment, give an opinion in writing on the scope and level of detail of the information to be included in an environmental impact assessment report, subject to any prescribed consultations to be carried out by the Board in relation to such opinion.

(iii) The Board shall give the opinion before the submission by the person referred to in subparagraph (i) of the environmental impact assessment report.

(2) Where an opinion referred to in subsection (1) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed alteration of the terms of the development, taking into account current knowledge and methods of assessment.”.

Definitions

16. The Act of 2000 is amended by the substitution of the following section for section 171A:

“171A. In this Part—

‘environmental impact assessment’ means a process—

(a) consisting of—

(i) the preparation of an environmental impact assessment report by the applicant in accordance with this Act and regulations made thereunder,

(ii) the carrying out of consultations in accordance with this Act and regulations made thereunder,

(iii) the examination by the planning authority or the Board, as the case may be, of—

(I) the information contained in the environmental impact assessment report,

(II) any supplementary information provided, where necessary, by the applicant in accordance with section 172(1D) and (1E), and

(III) any relevant information received through the consultations carried out pursuant to subparagraph (ii),

(iv) the reasoned conclusion by the planning authority or the Board, as the case may be, on the significant effects on the environment of the proposed development, taking into account the results of the examination carried out pursuant to subparagraph (iii) and, where appropriate, its own supplementary examination, and

(v) the integration of the reasoned conclusion of the planning authority or the Board, as the case may be, into the decision on the proposed development, and

(b) which includes—

(i) an examination, analysis and evaluation, carried out by the planning authority or the Board, as the case may be, in accordance with this Part and regulations made thereunder, that identifies, describes and assesses, in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed development on the following:

(I) population and human health;

(II) biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Birds Directive;

(III) land, soil, water, air and climate;

(IV) material assets, cultural heritage and the landscape;

(V) the interaction between the factors mentioned in clauses (I) to (IV), and

(ii) as regards the factors mentioned in subparagraph (i)(I) to (V), such examination, analysis and evaluation of the expected direct and indirect significant effects on the environment derived from the vulnerability of the proposed development to risks of major accidents or disasters, or both major accidents and disasters, that are relevant to that development;

‘proposed development’ means proposed development within the meaning of section 172(1A)(a).”.

Amendment of section 172 of Act of 2000

17. Section 172 of the Act of 2000 is amended—

(a) in subsection (1)—

(i) in paragraph (a)—

(I) in subparagraph (i)(I), by the substitution of “would equal or exceed, as the case may be,” for “would exceed”, and

(II) in subparagraph (ii)(I), by the substitution of “would equal or exceed, as the case may be,” for “would exceed”, and

(ii) in paragraph (b)(i), by the substitution of “does not equal or exceed, as the case may be,” for “does not exceed”,

(b) by the substitution of the following subsection for subsection (1B):

“(1B) An applicant for consent to carry out a proposed development referred to in subsection (1)(a) shall furnish an environmental impact assessment report, which shall be prepared by experts with the competence to ensure its completeness and quality, to the planning authority or the Board, as the case may be, in accordance with the permission regulations.”,

(c) by the substitution of the following subsection for subsection (1D):

“(1D)(a) The planning authority or the Board, as the case may be, shall consider whether an environmental impact assessment report submitted under this section identifies and describes adequately the direct and indirect significant effects on the environment of the proposed development.

(b) Where the planning authority or the Board, as the case may be, considers that the environmental impact assessment report does not identify or adequately describe such effects, it shall require the applicant for consent to furnish, within a specified period, such further information, prescribed under section 177, which is necessary to ensure the completeness and quality of the environmental impact assessment report and which is directly relevant to reaching the reasoned conclusion on the significant effects on the environment of the proposed development, as the planning authority or the Board, as the case may be, considers necessary to remedy such defect.”,

(d) by the insertion of the following subsection after subsection (1G):

“(1GA)(a) Paragraph (b) applies where an environmental impact assessment under this section and an appropriate assessment following a determination under section 177U(4) are required to be carried out simultaneously in respect of the same development.

(b) The planning authority or the Board, as the case may be, shall coordinate the 2 assessments.”,

(e) in subsection (1H), by the insertion of “shall ensure it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report to ensure its completeness and quality and” after “may be,”,

(f) by the substitution of the following subsection for subsection (1I):

“(1I)(a) Where the planning authority or the Board, as the case may be, decides to grant consent for the proposed development, it shall—

(i) attach such conditions, if any, to the grant as it considers necessary, to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development,

(ii) in the decision, specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development, and

(iii) subject to paragraph (b), where appropriate, specify in the decision measures to monitor the significant adverse effects on the environment of the proposed development, being measures which, as regards the types of parameters to be monitored and the duration of the monitoring, are proportionate to the nature, location and size of the proposed development and the significance of the effects on the environment of the proposed development.

(b) Where the planning authority or the Board, as the case may be, decides to grant consent for the proposed development, it may, if appropriate to avoid duplication of monitoring, and without prejudice to existing monitoring arrangements pursuant to national or European Union legislation (other than the Environmental Impact Assessment Directive), identify those arrangements (or such of those arrangements as it thinks appropriate in the particular case) to be used for the purpose of paragraph (a)(iii).”,

(g) in subsection (1J)—

(i) in paragraph (b), by the substitution of “significant effects of the proposed development on the matters set out in paragraph (b) of the definition of ‘environmental impact assessment’ in section 171A” for “effects of the proposed development on the matters set out in section 171A”, and

(ii) by the deletion of paragraph (d), and

(h) in subsection (3), by the substitution of the following paragraph for paragraph (a):

“(a)(i) At the request of an applicant or of a person intending to apply for permission, the Board may take the action specified in subparagraph (ii) after having afforded the planning authority concerned an opportunity to furnish observations on the request and where the Board is satisfied that—

(I) exceptional circumstances so warrant,

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

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

(ii) Subject to subparagraph (iii), the Board may grant in respect of the proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact assessment report.

(iii) No exemption may be granted under subparagraph (ii) in respect of the proposed development if another Member State of the European Union or other state 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 intends to furnish views on those effects.”.

Amendment of Act of 2000 — insertion of sections 172A to 172C

18. The Act of 2000 is amended by the insertion of the following sections after section 172:

“EIA portal

172A. The Minister shall provide, operate and maintain a website—

(a) to which the public has access,

(b) which contains summary information on applications and notifications of the intention to lodge applications for development consent subject to assessment under the Environmental Impact Assessment Directive or this Act, or both that Directive and this Act, as appropriate, and

(c) for the purpose of providing a point of access to the applications referred to in paragraph (b) and associated information, assessments and decisions held by the authorities to which the applications have been or are to be made.

Provision of information by applicants to EIA portal

172B.(1) Subject to subsection (2), an applicant for consent for proposed development shall, within the period of 2 weeks before—

(a) the making of an application for such consent which is to be accompanied by an environmental impact assessment report, or

(b) the submission of an environmental impact assessment report when required by the planning authority or the Board, as the case may be, to do so,

provide the prescribed information in electronic form to the EIA portal in the manner set out on the portal.

(2) Where it is provided for in national legislation that a person other than the applicant for consent for proposed development shall provide information to the EIA portal, that person shall, not later than public notification of a proposed development which is to be accompanied by an environmental impact assessment report, provide the prescribed information in electronic form to the EIA portal in the manner set out on the portal.

Response of Minister on submission of information to EIA portal

172C. On receipt of information pursuant to section 172B, or in respect of any other proposed application or application for development consent for projects likely to have significant effects on the environment, the Minister shall, within 3 working days, respond to the applicant in the prescribed manner.”.

Amendment of section 173 of Act of 2000

19. Section 173 of the Act of 2000 is amended—

(a) in subsection (2), by the substitution of the following paragraphs for paragraph (a):

“(a)(i) Subparagraph (ii) applies where an applicant or a person intending to apply for permission requests the planning authority concerned to give him or her a written opinion on the scope and level of detail of the information required to be included in an environmental impact assessment report.

(ii) Subject to subparagraph (iii), the planning authority shall, taking into account the information provided by the applicant or person referred to in subparagraph (i), as the case may be, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in an environmental impact assessment report, subject to—

(I) consultation with the Board to be carried out by the planning authority in relation to such opinion, and

(II) any prescribed consultations to be carried out by the planning authority in relation to such opinion.

(iii) The planning authority shall, in the case of the person referred to in subparagraph (i), give the written opinion before the submission by that person of an application for the grant of planning permission.

(aa) Where an opinion referred to in paragraph (a) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.”, and

(b) in subsection (3), by the substitution of the following paragraphs for paragraph (a):

“(a)(i) Subparagraph (ii) applies where a person required by or under this Act to submit an environmental impact assessment report to the Board requests the Board to give him or her a written opinion on the scope and level of detail of the information required to be included in the report.

(ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the person referred to in subparagraph (i), in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in the environmental impact assessment report, subject to any prescribed consultations to be carried out by the Board in relation to such opinion.

(iii) The Board shall give the written opinion before the submission by the person referred to in subparagraph (i) of the environmental impact assessment report.

(aa) Where an opinion referred to in paragraph (a) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.”.

Amendment of section 175 of Act of 2000

20. Section 175 of the Act of 2000 is amended—

(a) in subsection (5)(d)—

(i) in subparagraph (i), by the substitution of “5 weeks” for “3 weeks”, and

(ii) in subparagraph (ii), by the substitution of “5 weeks” for “3 weeks”,

(b) in subsection (8), by the substitution of the following paragraph for paragraph (a):

“(a)(i) The Board may take the action specified in subparagraph (ii) where it is satisfied that—

(I) exceptional circumstances so warrant,

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

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

(ii) Subject to subparagraph (iii), the Board may grant in respect of the proposed development an exemption from a requirement under subsection (1) to prepare an environmental impact assessment report.

(iii) No exemption may be granted under subparagraph (ii) in respect of the proposed development if another Member State of the European Union or a state 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.”, and

(c) in subsection (9)(a), by the substitution of “The Board shall, in respect of an application for approval under this section of proposed development, make its decision within a reasonable period of time and may, in respect of such application” for “The Board may, in respect of an application for approval under this section of proposed development”.

Amendment of Act of 2000 — insertion of sections 176A to 176C

21. The Act of 2000 is amended by the insertion of the following sections after section 176:

“Application for screening for environmental impact assessment

176A. (1) In this section and sections 176B and 176C—

‘screening determination for environmental impact assessment’ means a determination made as part of a screening for environmental impact assessment;

‘screening for environmental impact assessment’ means a determination—

(a) as to whether a proposed development would be likely to have significant effects on the environment, and

(b) if the development would be likely to have such effects, that an environmental impact assessment is required.

(2)(a) Subject to section 176B, where a proposed development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 and does not equal or exceed, as the case may be, the relevant quantity, area or other limit standing specified in that Part, an application for a screening for environmental impact assessment in respect of that development may be submitted to the planning authority in whose area the development would be situated.

(b) Subject to section 176B, where a proposed development is of a class standing prescribed under section 176 for the purposes of this paragraph, an application for a screening for environmental impact assessment in respect of that development shall be submitted to the planning authority in whose area the development would be situated.

(3) An application under subsection (2) shall contain—

(a) the name and address of the applicant,

(b) where the applicant is not the owner or occupier of the land the subject of the proposed development, the name and address of the owner and, where the owner is not the occupier of the land, the occupier,

(c) a location map for the proposed development,

(d) a description of the nature and extent of the proposed development, its characteristics, its likely significant effects on the environment (including the information specified in Schedule 7A to the Planning and Development Regulations 2001) including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account, and

(e) any such other information as may be prescribed by the Minister,

and be accompanied by such fee as may be prescribed under section 246(1)(ca).

(3A) An application under subsection (2) may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(4) For the purposes of enabling a planning authority to carry out a screening for environmental impact assessment on foot of an application under subsection (2), the authority may do either or both—

(a) seek further information that it considers necessary from the applicant or any other person that the authority considers appropriate, and

(b) consult any body prescribed by the Minister for the purposes of this subsection and consider any views of that body,

and, where paragraph (a) or (b) applies, the authority shall specify the period within which the information or views concerned are required to be received by the authority.

(5) Subject to subsection (5A), where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority concerned shall invite in writing—

(a) the owner to make a submission on an application made under subsection (2), and

(b) where the owner is not the occupier of the land, the occupier of that land to make such a submission,

and, where paragraph (a) or (b) applies, the authority shall specify the period within which the submission or submissions is or are required to be received by the authority.

(5A) The invitation under subsection (5) shall state that the owner or occupier may provide a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

(6) A planning authority may reject an application under subsection (2) if in the opinion of the authority the application is incomplete in any material detail.

(7) Where a planning authority rejects an application in accordance with subsection (6), it shall—

(a) subject to subsection (8), return the documents to which subsection (3) relates to the applicant, together with any fee received from the applicant, and

(b) give reasons for its decision to the applicant,

and, where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority shall also notify the owner and, where the owner is not the occupier of the land, the occupier of its decision under subsection (6).

(8) Subsection (7) is without prejudice to the planning authority—

(a) making a copy of a document,

(b) retaining an electronic copy of a document, or

(c) by agreement with the applicant concerned, retaining a document,

to which that subsection relates.

Screening for environmental impact assessment

176B. (1) A planning authority shall, where appropriate, carry out screening for appropriate assessment in respect of a proposed development as provided for by section 177U(10) at the same time as carrying out a screening for environmental impact assessment in respect of the development under subsection (2).

(2) Subject to subsections (1) and (2A), a planning authority shall, on foot of an application under subsection (2) of section 176A and to which subsections (6) and (7) of that section do not relate, carry out a screening for environmental impact assessment in respect of the proposed development—

(a) where further information, views or submissions—

(i) are duly sought by the planning authority under subsection (4) or (5) of section 176A, and

(ii) are duly received by the authority within the period specified under the said subsection (4) or (5),

within the period of 3 weeks from the date that such information, views or submissions are so received, or

(b) where further information, views or submissions are not sought by the planning authority under subsection (4) or (5) of section 176A, as the case may be, within the period of 4 weeks from the receipt of the application under section 176A(2).

(2A)(a) Subject to paragraph (b), the planning authority shall not be required to comply with subsection (2)(a) or (b) within the period of 3 weeks or 4 weeks, as the case may be, referred to in that subsection where it appears to the planning authority that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(b) Where paragraph (a) applies, the planning authority shall, by notice in writing served on—

(i) the applicant,

(ii) the owner of the land the subject of the proposed development, if he or she is not the applicant,

(iii) the occupier of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and

(iv) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),

before the expiration of the period of 3 weeks or 4 weeks, referred to in subsection (2)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the authority intends that the screening determination for environmental impact assessment concerned shall be made.

(3)(a) Before making a decision on an application under section 176A(2), the planning authority shall—

(i) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001,

(ia) take into account—

(I) the information provided pursuant to section 176A(3)(d), and

(II) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(ii) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A).

(b) A planning authority shall include, or refer to, in its screening determination for environmental impact assessment made under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which such determination is based.

(3A)(a) Paragraph (b) applies where the screening determination for environmental impact assessment made under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, under section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the proposed development.

(b) A planning authority shall specify such features, if any, and such measures, if any, in its screening determination for environmental impact assessment made under this section.

(4) A planning authority shall give notice in writing of its screening determination for environmental impact assessment made under this section to—

(a) the applicant,

(b) any person or body consulted under section 176A(4), and

(c) where section 176A(5) applies, the owner, the occupier, or both the owner and the occupier, as appropriate in the circumstances,

and the notice shall include—

(i) the planning authority’s reasons for that determination, and

(ii) information concerning referral of the determination to the Board for review under section 176C.

(4A) The notice under subsection (4) shall be placed with any application for consent for proposed development subsequently made in respect of which an application for a screening for environmental impact assessment was made under section 176A(2).

(5) A planning authority shall publish the screening determination for environmental impact assessment, either or both—

(a) on its website, and

(b) in a newspaper circulating in the area where the proposed development would be situated,

together with a notice—

(i) stating that the determination may be referred to the Board for review by—

(I) the applicant,

(II) the owner of the land, where he or she is not the applicant,

(III) the occupier of the land, where he or she is not the applicant or the owner of the land, and

(IV) any person or body consulted by the planning authority about the application,

(ii) stating that a person may question the validity of either or both—

(I) the screening determination for environmental impact assessment by the planning authority, and

(II) any determination by the Board of the said screening determination,

by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), in accordance with sections 50 and 50A, and

(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.

(6)(a) Where a planning authority makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours for at least the minimum period referred to in paragraph (b):

(i) a copy of the application made under section 176A(2) and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—

(I) the applicant,

(II) the owner of the land the subject of the proposed development, if he or she is not the applicant,

(III) the occupier of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and

(IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),

(ii) a copy of any report prepared by or for the authority in relation to the application, and

(iii) a copy of the screening determination for environmental impact assessment made under this section by the authority.

(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made under this section by the planning authority.

Review of screening determination for environmental impact assessment and referral of application for screening for environmental impact assessment

176C. (1) Where a screening determination for environmental impact assessment is made by a planning authority under section 176B, any person to whom subsection (4) or (5) of that section relates may, within 3 weeks of the issuing of the determination and on payment to the Board of the appropriate fee, refer the determination for review (in this section referred to as a ‘determination review’) by the Board.

(2) Without prejudice to section 176B, where an application was made under section 176A and no screening determination for environmental impact assessment has been issued by a planning authority within the appropriate period of time provided for by section 176B(2), then—

(a) the person who made the application may—

(i) within the period of 3 weeks after the latest date by which that determination was due to be issued under section 176B(2), and

(ii) on payment to the Board of the appropriate fee,

refer the application in question to the Board (which act is in this section referred to as an ‘application referral’) for determination, and

(b) the authority concerned shall repay to the applicant the fee paid to the authority in accordance with section 176A(3).

(3) Where a determination to which subsection (1) relates or an application to which subsection (2) relates is referred to the Board under either of those subsections, the person so referring shall give notice to that effect to the planning authority concerned, and accordingly that authority shall forthwith forward to the Board—

(a) a copy of the application submitted to the authority under paragraph (a) or (b) of section 176A(2) and any determination made, and

(b) any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A), in respect of the application to the planning authority.

(4) The Board shall, where appropriate, carry out screening for appropriate assessment in respect of the proposed development as provided for by section 177U(10) at the same time as making a determination under this section in respect of the development.

(5) Before making a determination under this section, the Board shall—

(a) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001,

(b) take into account—

(i) the information provided pursuant to section 176A(3)(d), and

(ii) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(c) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A) and any screening determination for environmental impact assessment made by the planning authority under section 176B.

(5A) The Board shall include, or refer to, in its determination under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination is based.

(6) Subject to subsection (6A), the Board shall make a determination on the determination review or the application referral—

(a) within 5 weeks of receiving from the planning authority the documents to which subsection (3) relates, or

(b) where the Board requests from the applicant, or any other person that it considers appropriate, further information with regard to the determination review or application referral in order to enable the Board to make a determination and specifies the period within which the information or views concerned are required to be received by the Board, within 4 weeks of the due receipt of the further information.

(6A)(a) Subject to paragraph (b), the Board shall not be required to comply with subsection (6)(a) or (b) within the 5 week period or 4 week period, as the case may be, referred to in that subsection where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(b) Where paragraph (a) applies, the Board shall, by notice in writing served on—

(i) the applicant,

(ii) the planning authority,

(iii) the owner of the land the subject of the proposed development, if he or she is not the applicant,

(iv) the occupier of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and

(v) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),

before the expiration of the period of 5 weeks or 4 weeks referred to in subsection (6)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the Board intends that the determination concerned shall be made.

(7) A determination review or a determination on foot of an application referral under this section shall consist of a determination by the Board—

(a) as to whether a proposed development would be likely to have significant effects on the environment, and

(b) if the development would be likely to have such effects, that an environmental impact assessment is required.

(7A)(a) Paragraph (b) applies where the determination under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, in accordance with section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(b) The Board shall specify such features, if any, and such measures, if any, in its determination under this section.

(8) The Board shall give notice in writing of its determination under this section to—

(a) the planning authority,

(b) the applicant,

(c) any person or body consulted under section 176A(4),

(d) where section 176A(5) applies, the owner, occupier or both the owner and the occupier, as appropriate in the circumstances, and

(e) any other person, requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,

by issuing in writing to each of them a notice to that effect and the notice shall include the Board’s reasons for that decision.

(8A) The notice issued under subsection (8) shall be placed with any application for consent for proposed development subsequently made to the planning authority or the Board, as the case may be, or any appeal or referral made to the Board in respect of which an application for a screening for an environmental impact assessment was made under section 176A(2).

(9) On notification by the Board of a determination under this section, the planning authority shall publish the determination either or both—

(a) on its website, and

(b) in a newspaper circulating in the area where the proposed development would be situated,

together with a notice—

(i) indicating the place or places at which the documents relating to the making of the determination are available for inspection and purchase by members of the public and, where applicable, the availability of the said documents for inspection by electronic means,

(ii) stating that a person may question the validity of the determination by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), in accordance with sections 50 and 50A, and

(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.

(10) The Board shall—

(a) keep a record of any determination made by it under this section and the main reasons and considerations on which its determination was based,

(b) from time to time, but at least once in every year, forward to each planning authority a copy of the record referred in paragraph (a), and

(c) make the record available for purchase and inspection during office hours or available on its website, or both,

and, where the record specified in paragraph (a) is made available for purchase and inspection, the Board may charge a specified fee as determined pursuant to section 144(1A)(ha) but such fee shall not exceed the cost of making the copy.

(11)(a) Where the Board makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours at the offices of the Board for at least the minimum period referred to in paragraph (b):

(i) a copy of the application made under section 176A(2), the referral for determination review or the application referral, as the case may be, and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—

(I) the applicant,

(II) the owner of the land the subject of the proposed development, if he or she is not the applicant,

(III) the occupier of the land the subject of the proposed development, if he or she is not the applicant or owner of such land,

(IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4), and

(V) any other person requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,

(ii) a copy of any report prepared by or for the Board in relation to the determination review or application referral, and

(iii) a copy of the screening determination for environmental impact assessment made under this section by the Board.

(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made by the Board.”.

Amendment of section 177C of Act of 2000

22. Section 177C of the Act of 2000 is amended—

(a) in subsection (3), by the insertion of the following paragraph after paragraph (a):

“(aa) in the case where a determination as to whether an environmental impact assessment was or is required, the information specified in Schedule 7A to the Planning and Development Regulations 2001, which shall be accompanied by any further relevant information on the characteristics of the development and its significant and likely significant effects on the environment, including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account;”, and

(b) by the insertion of the following subsection after subsection (3):

“(3A) The information furnished under subsection (3)(aa) may be accompanied by a description of the features, if any, of the development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the development.”.

Amendment of section 177D of Act of 2000

23. Section 177D of the Act of 2000 is amended—

(a) by the insertion of the following subsections after subsection (1):

“(1A) Where the Board makes a determination for the purposes of this section as to whether an environmental impact assessment is required, it shall, in making that determination, have regard to—

(a) the criteria set out in Schedule 7 to the Planning and Development Regulations 2001,

(b) the information submitted pursuant to Schedule 7A to the Planning and Development Regulations 2001,

(c) the further relevant information, if any, referred to in section 177C(3)(aa) and the description, if any, referred to in section 177C(3A),

(d) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(e) in respect of a development which would be located on, or in, or have the potential to impact on—

(i) a European site,

(ii) an area the subject of a notice under section 16(2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

(iii) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

(iv) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

(v) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 ,

(vi) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

(vii) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of the development on such site, area, land, place or feature, as appropriate.

(1B) The Board shall include, or refer to, in its decision under subsection (4) the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the decision is based.”,

(b) in subsection (3), by the insertion of “, information, if any, furnished under section 177C(3A)” after “section 177C(3)”,

(c) by the substitution of the following subsection for subsection (5):

“(5)(a) Subject to paragraph (b), the decision of the Board under subsection (4) shall be made—

(i)12 weeks after receipt of an application under section 177C(1),

(ii)12 weeks after receipt of additional information from the applicant under section 177C(3)(b), or

(iii)12 weeks after receipt of information from the planning authority under section 177C(5),

whichever is the later.

(b)(i) Subject to subparagraph (ii), the Board shall not be required to comply with paragraph (a)(i) or (ii) within the period concerned referred to in that paragraph where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the development (including in relation to the nature, complexity, location or size of such development) to do so.

(ii) The Board shall, by notice in writing served on the applicant before the expiration of the period concerned referred to in paragraph (a)(i) or (ii), inform him or her of the reasons why it would not be possible or appropriate to comply with that paragraph within that period and shall specify the date before which the Board intends that the decision concerned shall be made.”, and

(d) by the insertion of the following subsection after subsection (5):

“(5A)(a) Paragraph (b) applies where the determination under subsection (1A) is that the development did not or would not be likely to have significant effects on the environment (and, accordingly, an environmental impact assessment is or was not required) and the applicant has provided under section 177C(3A) a description of the features, if any, of the development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the development.

(b) The Board shall specify such features, if any, and such measures, if any, in its decision under subsection (4).”.

Amendment of section 177E of Act of 2000

24. Section 177E of the Act of 2000 is amended by the insertion of the following subsection after subsection (4):

“(4A)(a) The Board shall consider whether a remedial environmental impact assessment report submitted under this section identifies and describes adequately the direct and indirect significant effects on the environment of the development.

(b) Paragraph (c) applies where the Board considers that the remedial environmental impact assessment report does not identify or adequately describe such effects.

(c) The Board shall require the applicant for substitute consent to furnish, within a specified period, such further information which is necessary to ensure the completeness and quality of the remedial environmental impact assessment report and which is directly relevant to reaching the reasoned conclusion on the significant effects on the environment of the development as the Board considers necessary to remedy such defect.”.

Amendment of section 177F of Act of 2000

25. Section 177F of the Act of 2000 is amended—

(a) by the insertion of the following subsection after subsection (1):

“(1A) The remedial environmental impact assessment report shall be prepared by experts with the competence to ensure its completeness and quality.”, and

(b) in subsection (2), by the substitution of the following paragraphs for paragraph (a):

“(a)(i) Subparagraph (ii) applies where, before an applicant makes an application for substitute consent, he or she requests the Board to give to him or her an opinion in writing prepared by the Board on the scope and level of detail of the information required to be contained in the remedial environmental impact assessment report in relation to the development the subject of the application.

(ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the applicant, in particular on the specific characteristics of the development, including its location and technical capacity, and its impact and likely impact on the environment, as soon as may be give an opinion in writing on the scope and level of detail of the information to be included in the remedial environmental impact assessment report.

(iii) The Board shall give the opinion in writing before the submission by the applicant of the remedial environmental impact assessment report.

(aa) Where an opinion referred to in paragraph (a) has been provided, the remedial environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the development, taking into account current knowledge and methods of assessment.”.

Amendment of section 177K of Act of 2000

26. Section 177K of the Act of 2000 is amended—

(a) in subsection (1), by the insertion of “shall ensure it has, or has access as necessary to, sufficient expertise to examine the remedial environmental impact assessment report to ensure its completeness and quality and” after “thereunder the Board”,

(b) by the insertion of the following subsections after subsection (2):

“(2A)(a) Subject to paragraph (b), the Board shall make a determination for the purposes of this section as to whether an environmental impact assessment was or is required within 8 weeks of receipt of the information specified in Schedule 7A to the Planning and Development Regulations 2001.

(b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period specified in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the development (including in relation to the nature, complexity, location or size of such development) to do so.

(c) Where paragraph (b) applies, the Board shall, by notice in writing served on the applicant before the expiration of the period specified in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the Board intends that the determination concerned shall be made.

(2B) Where the Board makes a determination for the purposes of this section as to whether an environmental impact assessment was or is required, it shall, in making that determination, have regard to—

(a) the criteria set out in Schedule 7 to the Planning and Development Regulations 2001,

(b) the information submitted pursuant to Schedule 7A to the Planning and Development Regulations 2001,

(c) the further relevant information, if any, referred to in article 227(2)(cb) of the Planning and Development Regulations 2001 and the description, if any, referred to in article 227(2A) of those Regulations,

(d) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(e) in respect of a development which would be located on, or in, or have the potential to impact on—

(i) a European site,

(ii) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

(iii) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

(iv) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

(v) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 ,

(vi) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

(vii) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of the development on such site, area, land, place or feature, as appropriate.

(2C) The Board shall include, or refer to, in its decision under subsection (1) the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination under subsection (2A) is based.

(2D)(a) Paragraph (b) applies where the determination under subsection (2A) is that the development did not or would not be likely to have significant effects on the environment (and, accordingly, an environmental impact assessment is or was not required) and the applicant has provided, under article 227(2A) of the Planning and Development Regulations 2001, a description of the features, if any, of the development and the measures, if any, incorporated or envisaged, to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the development.

(b) The Board shall specify such features, if any, and such measures, if any, in its decision under subsection (1).

(2E)(a) Where the Board decides under subsection (1) to grant substitute consent for the development, it shall—

(i) attach such conditions, if any, to the grant as it considers necessary to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the development,

(ii) where the applicant has provided, under article 227(2A) of the Planning and Development Regulations 2001, a description of the features, if any, of the development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce and, if possible, offset what might otherwise have been the significant adverse effects on the environment of the development, specify such features, if any, and such measures, if any, in the decision, and

(iii) subject to paragraph (b), where appropriate, specify in the decision measures to monitor the significant adverse effects on the environment of the development (being measures, as regards the types of parameters to be monitored and the duration of the monitoring, that are proportionate to the nature, location and size of the development and the significance of the effects on the environment of the development).

(b) Where the Board decides under subsection (1) to grant substitute consent for the development, it may, if appropriate to avoid duplication of monitoring, and without prejudice to existing monitoring arrangements pursuant to national or European Union legislation (other than the Environmental Impact Assessment Directive) identify such arrangements (or parts thereof as it thinks appropriate in the particular case) to be used for the purpose of paragraph (a)(iii).”,

(c) in subsection (4)—

(i) in paragraph (a), by the substitution of “made,” for “made, and”, and

(ii) by the insertion of the following paragraph after paragraph (a):

“(aa) the reasoned conclusion by the Board on the significant effects on the environment of the development, taking into account the results of the examination of the information contained in the remedial environmental impact assessment report or the environmental impact assessment report, or both such reports, as the case may be, and any supplementary information provided, where necessary, by the applicant in accordance with regulations under this Part and any relevant information received through consultations with prescribed authorities in accordance with regulations under this Part and, where appropriate, its own supplementary examination, and”, and

(d) by the insertion of the following subsection after subsection (4):

“(4A)(a) Where the decision under subsection (1) by the Board to impose a condition (being an environmental condition which arises from the consideration of the remedial environmental impact assessment report or the environmental impact assessment report concerned, or both such reports, as the case may be) in relation to the grant of substitute consent is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the Board shall, in its statement under subsection (4)(b), indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition.

(b) Where the decision under subsection (1) by the Board is to grant, subject to or without conditions, substitute consent, the Board shall cause the decision to be accompanied by a statement that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision.

(c) The Board shall include in its decision under subsection (1) a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment concerned and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.”.

Amendment of section 179 of Act of 2000

27. Section 179 of the Act of 2000 is amended, in subsection (3)—

(a) by the substitution of the following paragraph for paragraph (a):

“(a)(i) The chief executive of a local authority shall, where an application is not made to the Board for a screening determination referred to in article 120(3)(b) of the Planning and Development Regulations 2001, within 8 weeks after the expiration of the period during which submissions or observations with respect to the proposed development may be made, in accordance with regulations under subsection (2), prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.

(ii) The chief executive of a local authority shall, where an application is made to the Board for a screening determination referred to in article 120(3)(b) of the Planning and Development Regulations 2001, within 8 weeks after the making by the Board of a screening determination that an environmental impact assessment is not required in respect of the proposed development, prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.”, and

(b) in paragraph (b), by the insertion of the following subparagraph after subparagraph (ii):

“(iia) include the screening determination on why an environmental impact assessment is not required and specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might have otherwise been significant adverse effects on the environment of the development,”.

Amendment of section 181A of Act of 2000

28. Section 181A of the Act of 2000 is amended—

(a) in subsection (7)—

(i) in paragraph (a), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall be not less than 3 weeks)”, and

(ii) in paragraph (b), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall not be less than 3 weeks)”, and

(b) by the insertion of the following subsection after subsection (7):

“(8) The period referred to in subsection (7)(a) or (b) shall, in a case relating to a revised environmental impact assessment report, not be less than—

(a) 30days where the report has been furnished to the Board, and

(b) 3weeks where the report has not been furnished to the Board.”.

Amendment of section 181B of Act of 2000

29. Section 181B of Act of 2000 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2)(a) The Board may take the action specified in paragraph (b) where it is satisfied that—

(i) exceptional circumstances so warrant,

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

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

(b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 181A(1) to prepare an environmental impact assessment report.

(c) No exemption may be granted under paragraph (b) in respect of the proposed development 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.

(d) The Board may, where it is satisfied that exceptional circumstances so warrant, grant an exemption in respect of proposed development from a requirement under section 181A(1) to prepare a Natura impact statement except that no exemption may be granted in respect of proposed development where another Member State of the European Union or a state which is a party to the Transboundary Convention has indicated that it wishes to furnish views on the effects on the environment in that Member State or state, as the case may be, of the proposed development.”,

(b) by the substitution of the following subsection for subsection (4):

“(4)(a) The Minister for Defence may, in the case of a proposed development or part of a proposed development, the sole purpose of which is national defence, grant an exemption in respect of the development or the relevant part of the development from a requirement under section 181A(1) to apply for approval and prepare an environmental impact assessment report if he or she is satisfied that the application of section 181A or 181C would have adverse effects on such purpose.

(b) The Minister for Defence may, in the case of proposed development in connection with, or for the purposes of, national defence, grant an exemption in respect of the development from a requirement under section 181A(1) to apply for approval and prepare a Natura impact statement if he or she is satisfied that the application of section 181A or 181C would have adverse effects on those purposes.”,

(c) in subsection (6), by the substitution of “The Board shall, in respect of an application under section 181A for approval of proposed development, make its decision within a reasonable period of time and may, in respect of such application” for “The Board may, in respect of an application under section 181A for approval of proposed development”, and

(d) by the insertion of the following subsections after subsection (6):

“(6A) A decision of the Board under subsection (6) shall state—

(a) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

(b) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,

(c) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for approval on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition, and

(d) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision.

(6B) A decision given under subsection (6) and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.”.

Amendment of section 181C of Act of 2000

30. Section 181C of the Act of 2000 is amended by the insertion of the following subsections after subsection (5):

“(5A)(a) Without prejudice to subsection (5) and subject to paragraph (b), where a prospective applicant has made a request under subsection (3)(b) in relation to what information will be required to be contained in an environmental impact assessment report, the Board shall, after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give an opinion in writing on the scope and level of detail of the information to be included in such report, subject to any consultations carried out by the Board in relation to such opinion.

(b) The Board shall give the opinion before the submission by the prospective applicant of the environmental impact assessment report.

(5B) Where an opinion referred to in subsection (5A) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.”.

Amendment of section 182A of Act of 2000

31. Section 182A of the Act of 2000 is amended—

(a) in subsection (4), by the insertion of the following paragraph after paragraph (a):

“(aa) comply with section 172B,”,

(b) in subsection (8)—

(i) in paragraph (a), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall not be less than 3 weeks)”, and

(ii) in paragraph (b), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall be not less than 3 weeks)”, and

(c) by the insertion of the following subsection after subsection (8):

“(8A) The period provided for in subsection (8)(a) or (b) shall, in a case relating to an environmental impact assessment report, not be less than—

(a) 30days where the report has been furnished to the Board, and

(b) 3weeks where the report has not been furnished to the Board.”.

Amendment of section 182B of Act of 2000

32. Section 182B of the Act of 2000 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2)(a) The Board may take the action specified in paragraph (b) where it is satisfied that—

(i) exceptional circumstances so warrant,

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

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

(b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 182A(2) to prepare an environmental impact assessment report.

(c) No exemption may be granted under paragraph (b) in respect of the proposed development 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.”,

(b) in subsection (5), by the substitution of “The Board shall, in respect of an application under section 182A for approval of the proposed development, make its decision within a reasonable period of time and may, in respect of such application” for “The Board may, in respect of an application under section 182A for approval of proposed development”,

(c) in subsection (5A)—

(i) by the insertion of the following paragraphs after paragraph (a):

“(aa) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

(ab) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,”,

(ii) by the insertion of the following paragraphs after paragraph (b):

“(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for approval on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,

(bb) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision,” and

(d) by the insertion of the following subsection after subsection (5A):

“(5AA) A decision of the Board under subsection (5) and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.”.

Amendment of section 182C of Act of 2000

33. Section 182C of the Act of 2000 is amended—

(a) in subsection (4)—

(i) in paragraph (a), by the deletion of “and” where it last occurs, and

(ii) by the insertion of the following paragraph after paragraph (a):

“(aa) comply with section 172B,”,

(b) in subsection (8)—

(i) in paragraph (a), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall not be less than 3 weeks)”, and

(ii) in paragraph (b), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall be not less than 3 weeks)”, and

(c) by the insertion of the following subsection after subsection (8):

“(8A) The period provided for in subsection (8)(a) or (b) shall, in a case relating to a revised environmental impact assessment report, not be less than—

(a) 30days where the report has been furnished to the Board, and

(b) 3weeks where the report has not been furnished to the Board.”.

Amendment of section 182D of Act of 2000

34. Section 182D of the Act of 2000 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2)(a) The Board may take the action specified in paragraph (b) where it is satisfied that—

(i) exceptional circumstances so warrant,

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

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

(b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 182C(1) to prepare an environmental impact assessment report.

(c) No exemption may be granted in respect of proposed development under paragraph (b) 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.”,

(b) in subsection (5), by the substitution of “The Board shall, in respect of an application under section 182C for approval of the proposed development, make its decision within a reasonable period of time and may, in respect of such application” for “The Board may, in respect of an application under section 182C for approval of proposed development”,

(c) in subsection (5A)—

(i) by the insertion of the following paragraphs after paragraph (a):

“(aa) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

(ab) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,”, and

(ii) by the insertion of the following paragraphs after paragraph (b):

“(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for approval on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,

(bb) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, and”, and

(d) by the insertion of the following subsection after subsection (5A):

“(5AA) A decision of the Board given under subsection (5) and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and state how those results have been incorporated into the decision or otherwise addressed.”.

Amendment of section 182E of Act of 2000

35. Section 182E of the Act of 2000 is amended by the substitution of the following subsections for subsection (3):

“(3)(a) Paragraph (b) applies where a prospective applicant requests the Board to give to him or her an opinion in writing on the scope and level of detail of the information required to be included by the prospective applicant in an environmental impact assessment report in relation to the proposed development.

(b) The Board shall—

(i) after consulting the prospective applicant and such bodies as may be specified by the Minister for the purpose, and

(ii) after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment,

give the opinion as soon as is practicable.

(3A) Where an opinion referred to in subsection (3) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.”.

Amendment of Act of 2000 in relation to references to environmental impact statement

36. (1) The provision of the Act of 2000 specified in column (2), opposite a reference number specified in column (1), is amended by the substitution of the words specified in column (4), opposite that reference number, for the words specified in column (3) opposite that reference number.

(2) In paragraph (1), a reference to a column is a reference to the Table set out in Schedule 1.

PART 3

AMENDMENT OF PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016

Definition

37. In this Part and Schedule 2, “Act of 2016” means the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016).

Amendment of section 7 of Act of 2016

38. Section 7 of the Act of 2016 is amended—

(a) in subsection (1)(a)(i)(I), by the substitution of “does not equal or exceed, as the case may be,” for “does not exceed”,

(b) in subsection (2)(b)—

(i) in subparagraph (i), by the substitution of “subject to subsection (2A), shall”, for “shall” and

(ii) in subparagraph (ii), by the substitution of “subject to subsection (2B), shall” for “shall”, and

(c) by the insertion of the following subsections after subsection (2):

“(2A)(a) Subject to paragraph (b), where a prospective applicant makes a request to the Board to which clause (I) of subsection (1)(a)(i) applies, the Board shall not be required to comply with subsection (2)(b)(i) within the period specified in subsection (2)(b)(i) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(b) Where paragraph (a) applies, the Board shall, by notice in writing served on the prospective applicant before the expiration of the period referred to in subsection (2)(b)(i), inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify in the notice the date before which the Board intends that the determination concerned shall be made.

(2B)(a) The period referred to in subsection (2)(b)(ii) shall not apply where a notice under subsection (2A)(b) has been served.

(b) Where paragraph (a) applies, the Board shall comply with the request under subsection (1)(b) within 8 weeks of making the determination concerned under subsection (1)(a)(i)(I).”.

Amendment of section 8 of Act of 2016

39. Section 8 of the Act of 2016 is amended—

(a) in subsection (1), by the insertion of the following paragraph after paragraph (a):

“(aa) comply with section 172B of the Planning and Development Act 2000 ,”,

(b) in subsection (3)(b), by the insertion of “subject to subsection (3A),” after “the Board shall,”, and

(c) by the insertion of the following subsection after subsection (3):

“(3A)(a) Subject to paragraph (b), the Board shall not be required to comply with subsection (3)(b), in so far as an environmental impact assessment report is concerned (including the originals referred to in that subsection and the information prescribed under section 12 referred to in that subsection to the extent that such originals or information relate to that report), within the period specified in the subsection where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(b) Where paragraph (a) applies, the Board shall, by notice in writing served on the applicant before the expiration of the period referred to in subsection (3)(b), inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify in the notice the date before which the Board intends to comply with that subsection.”.

Amendment of section 9 of Act of 2016

40. Section 9 of the Act of 2016 is amended, in subsection (5), by the insertion of “, or where an environmental impact assessment report is required, the application was not accompanied by such report” after “if such is required”.

Amendment of section 10 of Act of 2016

41. Section 10 of the Act of 2016 is amended—

(a) in subsection (3)—

(i) by the insertion of the following paragraphs after paragraph (a):

“(aa) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

(ab) if that decision arises from the Board’s consideration of the environmental impact assessment report concerned and is different from the recommendation in a report of a person assigned to report on the application concerned on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to refuse permission,”,

(ii) in paragraph (b), by the substitution of “may be,” for “may be, and”,

(iii) in paragraph (c), by the substitution of “them,” for “them.”, and

(iv) by the insertion of the following paragraphs after paragraph (c):

“(d) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any permission is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition, and

(e) in relation to the granting or refusal of a permission in respect of an application accompanied by an environmental impact assessment report, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision.”, and

(b) by the insertion of the following subsection after subsection (3):

“(3A) A decision given under section 9(4) in respect of an application accompanied by an environmental impact assessment report and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.”.

Construction of Fourth Schedule to Act of 2000 during remainder of specified period

42. The Fourth Schedule to the Act of 2000 has effect during the period commencing on 1 September 2018 and ending on the expiration of the specified period (within the meaning of section 3 of the Act of 2016) as if the following paragraph were inserted before paragraph 19:

“18B.In the case of proposed strategic housing development (within the meaning of Chapter 1 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ), the environmental impact assessment report submitted with the application for permission under section 4 of that Act is inadequate or incomplete.”.

Amendment of Act of 2016 in relation to references to environmental impact statement

43. (1) The provision of the Act of 2016 specified in column (2), opposite a reference number specified in column (1), is amended by the substitution of the words specified in column (4), opposite that reference number, for the words specified in column (3) opposite that reference number.

(2) In paragraph (1), a reference to a column is a reference to the Table set out in Schedule 2.

PART 4

Amendment of Planning and Development (Amendment) Act 2018

Amendment of Schedule 2 to Planning and Development (Amendment) Act 2018

44. Schedule 2 to the Planning and Development (Amendment) Act 2018 (No. 16 of 2018) is amended, in reference No. 66, in column 3, by the substitution of “paragraph (b)(iv)” for “paragraphs (a), and (b)(iv)”.

PART 5

Amendment of Planning and Development Regulations 2001

Definition

45. In this Part and Schedule 3, “Regulations of 2001” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ).

Amendment of article 3 of Regulations of 2001

46. Article 3 of the Regulation of 2001 is amended, in sub-article (3)—

(a) by the insertion of the following definitions:

“ ‘EIAR’ means an environmental impact assessment report;

‘remedial EIAR’ means a remedial environmental impact assessment report within the meaning of section 177F of the Act;”, and

(b) by the deletion of the definitions of “EIS” and “remedial EIS”.

Amendment of article 22 of Regulations of 2001

47. Article 22 of the Regulations of 2001 is amended—

(a) in sub-article (2)—

(i) in paragraph (g), by the deletion of “and”, and

(ii) by the insertion of the following paragraph after paragraph (g):

“(ga) where the application is accompanied by an EIAR, a copy of the confirmation notice, and”, and

(b) in sub-article (3), by the insertion of “searchable electronic or other” after “partly in”.

Amendment of article 26 of Regulations of 2001

48. Article 26 of the Regulations of 2001 is amended by the substitution of the following sub-article for sub-article (2):

“(2) Where a planning authority considers that a planning application complies with the requirements of articles 18, 19(1)(a) and 22 and, as may be appropriate, of article 24 or 25, it shall stamp each document with the date of its receipt and—

(a) send to the applicant an acknowledgement stating the date of receipt of the application, and

(b) if the application was accompanied by an EIAR, send to the EIA portal in electronic form in the manner set out on the portal—

(i) a copy of the confirmation notice received in accordance with article 22(2)(ga),

(ii) the reference number of the application on the register, and

(iii) the URL to the documents placed on its website pursuant to section 38(3)(b) of the Act.”.

Amendment of article 27 of Regulations of 2001

49. Article 27 of the Regulations of 2001 is amended, in sub-article (1), by the insertion of “, and display for inspection on its website,” after “make available”.

Amendment of article 31 of Regulations of 2001

50. Article 31 of the Regulations of 2001 is amended—

(a) by the insertion of the following paragraph after paragraph (h):

“(ha) in the case of a decision to grant permission for a proposed development to which article 103(3A) applies — a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development and such conditions, if any, as are necessary to ensure their implementation,”,

(b) in paragraph (k), by the deletion of “and”,

(c) in paragraph (l), by the substitution of “refuse permission, and” for “refuse permission.”, and

(d) by the insertion of the following paragraph after paragraph (l):

“(m) in the case of a decision to impose a condition (being an environmental condition which arises from the consideration of the EIAR concerned) in relation to the grant of a permission where the condition is materially different, in relation to the terms of such condition, from the recommendation in the report or reports on the planning application to the chief executive (or such other person delegated to make the decision) — the main reasons for not accepting, or for varying, as the case may be, the recommendation in the report or reports in relation to such condition.”.

Amendment of article 33 of Regulations of 2001

51. Article 33 of the Regulations of 2001 is amended, in sub-article (2)—

(a) in paragraph (a), by the substitution of “assessed,” for “assessed, or”, and

(b) by the insertion of the following paragraph after paragraph (a):

“(aa) where information specified in Schedule 7A is requested pursuant to article 103(1)(b), or”.

Amendment of article 35 of Regulations of 2001

52. Article 35 of the Regulations of 2001 is amended, in sub-article (1)(c), by the insertion of “or, in the case of a planning application accompanied by an EIAR, not later than 5 weeks after the receipt of the newspaper notice and site notice by the planning authority within the period specified in paragraph (a)” after “paragraph (a)”.

Inclusion of URL to appeal on planning authority’s website, etc

53. The Regulations of 2001 are amended by the insertion of the following article after article 68:

“68A.Where a copy of an appeal, accompanied by an EIAR, is sent to a planning authority by the Board pursuant to section 128 of the Act, the planning authority shall, as soon as may be after receipt of that copy, include the URL to the appeal on the Board’s website with the documents referred to in section 38(3)(b) of the Act.”.

Amendment of article 69 of Regulations of 2001

54. Article 69 of the Regulations of 2001 is amended, in sub-article (2), by the insertion of the following paragraph after paragraph (a):

“(aa) in the case of an appeal accompanied by an EIAR, specify the URL to the appeal on the Board’s website,”.

Amendment of article 72 of Regulations of 2001

55. Article 72 of the Regulations of 2001 is amended—

(a) in sub-article (1)—

(i) by the insertion of “, and display for inspection on its website,” after “make available”,

(ii) by the insertion of the following paragraph after paragraph (b):

“(ba) screening determinations made pursuant to article 120(3)(cc),”,

(iii) in paragraph (c), by the insertion of “section 181(3),” after “section 177AE(3),” and

(iv) in paragraph (d), by the insertion of “section 181(3),” after “section 177AE(3),”,

(b) in sub-article (6), by the insertion of “section 181(3),” after “section 177AE(3),”, and

(c) in sub-article (7), the insertion of “section 181(3),” after “section 177AE(3),”.

Amendment of article 74 of Regulations of 2001

56. Article 74 of the Regulations of 2001 is amended, in sub-article (2), by the insertion of the following paragraph after paragraph (h):

“(ha) in the case of a decision to grant permission for a proposed development to which article 103(3A) applies — a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development and such conditions, if any, as are necessary to ensure their implementation,”.

Amendment of article 81 of Regulations of 2001

57. Article 81 of the Regulations of 2001 is amended, in sub-article (2)—

(a) in paragraph (c), by the substitution of “this fact,” for “this fact, and”, and

(b) by the insertion of the following paragraph after paragraph (c):

“(ca) indicate its conclusion under article 120(1)(b)(i) or screening determination under article 120(1B)(b)(i), as the case may be (and, in the latter case, including, or referring to, the description, if any, provided under article 120(1A)(b) or 120(3)(cb)(ii), as the case may be), and”.

Amendment of article 82 of Regulations of 2001

58. Article 82 of the Regulations of 2001 is amended, in sub-article (2), by the substitution of “article 83, and its conclusion under article 120(1)(b)(i) or screening determination under article 120(1B)(b)(i), as the case may be (and, in the latter case, including, or referring to, the description, if any, provided under article 120(1A)(b) or 120(3)(cb)(ii), as the case may be)” for “article 84”.

Amendment of article 83 of Regulations of 2001

59. Article 83 of the Regulations of 2001 is amended, in sub-article (1)—

(a) in paragraph (e), by the substitution of “proposed development, and” for “proposed development.”, and

(b) by the insertion of the following paragraph after paragraph (e):

“(f) the conclusion under article 120(1)(b)(i) or the screening determination under article 120(1B)(b)(i), as the case may be (and, in the latter case, including, or referring to, the description, if any, provided under article 120(1A)(b) or 120(3)(cb)(ii), as the case may be),”.

Amendment of article 87 of Regulations of 2001

60. Article 87 of the Regulations of 2001 is amended, in sub-article (3)—

(a) by the insertion of “(or otherwise identify or refer to)” after “shall state”, and

(b) by the insertion of the following paragraph after paragraph (c):

“(ca) its conclusion under article 123A(1)(b)(i) or the screening determination under article 123A(1B)(b)(i), as the case may be (and, in the latter case, including, or referring to, the description, if any, provided under article 123A(1A)(b) or 123A(cb)(ii), as the case may be),”.

Amendment of article 88 of Regulations of 2001

61. Article 88 of the Regulations of 2001 is amended, in sub-article (3), by the substitution of the following paragraphs for paragraph (c):

“(c) be accompanied by—

(i) a copy of the drawings and particulars of the proposed development made available for inspection in accordance with article 89, and

(ii) the State authority’s conclusion under article 123A(1)(b)(i) or screening determination under article 123A(1B)(b)(i), as the case may be,

(ca) include the description if any, provided under article 123A(1A)(b) or 123A(cb)(ii), as the case may be,”.

Amendment of article 92 of Regulations of 2001

62. Article 92 of the Regulations of 2001 is amended—

(a) by the substitution of the following definition for the definition of “sub-threshold development”:

“ ‘sub-threshold development’ means development of a type set out in Part 2 of Schedule 5 which does not equal or exceed, as the case may be, a quantity, area or other limit specified in that Schedule in respect of the relevant class of development;”, and

(b) by the insertion of the following definitions:

“ ‘nuclear safety Directive’ means Council Directive 2009/71/Euratom of 25 June 2009⁵ establishing a Community framework for the nuclear safety of nuclear installations;

‘Seveso III Directive’ means Directive 2012/18/EU of the European Parliament and the Council of 4 July 2012⁶ on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC;”.

Content of EIAR

63. The Regulations of 2001 are amended by the substitution of the following article for article 94:

“94.An EIAR shall take into account the available results of other relevant assessments under European Union or national legislation with a view to avoiding duplication of assessments and shall contain—

(a) the information specified in paragraph 1 of Schedule 6,

(b) any additional information specified in paragraph 2 of Schedule 6 relevant to the specific characteristics of the development or type of development concerned and to the environmental features likely to be affected,

(c) a summary in non-technical language of the information required under paragraphs (a) and (b),

(d) a reference list detailing the sources used for the descriptions and assessments included in the report, and

(e) a list of the experts who contributed to the preparation of the report, identifying for each such expert—

(i) the part or parts of the report which he or she is responsible for or to which he or she contributed,

(ii) his or her competence and experience, including relevant qualifications, if any, in relation to such parts, and

(iii) such additional information in relation to his or her expertise that the person or persons preparing the EIAR consider demonstrates the expert’s competence in the preparation of the report and ensures its completeness and quality.”.

Amendment of article 95 of Regulations of 2001

64. Article 95 of the Regulations of 2001 is amended—

(a) in sub-article (1)—

(i) by the substitution of “section 146CA or 173” for “section 173”, and

(ii) by the substitution of the following paragraph for paragraph (c):

“(c) a description of—

(i) the nature of the proposed development,

(ii) the development’s specific characteristics, including its location and technical capacity, and

(iii) the development’s likely impact on the environment,”, and

(b) in sub-article (2)(a), by the insertion of “, under section 146CA or 173 of the Act or article 117,” after “receiving a request”.

Copies of EIAR

65. The Regulations of 2001 are amended by the substitution of the following article for article 97:

“97. (1) Subject to sub-article (2), where an EIAR is required to be submitted to—

(a) a planning authority in connection with a planning application, or

(b) the Board on appeal pursuant to a requirement under article 109,

the applicant for planning permission shall submit 10 copies and one electronic copy of the EIAR.

(2) The electronic copy of the EIAR submitted pursuant to sub-article (1) shall be searchable by electronic means as far as practicable.”.

Amendment of Regulations of 2001 — insertion of articles 97A to 97C

66. The Regulations of 2001 are amended by the insertion, in Part 10, in Chapter 1, of the following articles after article 97:

“Information to be provided to EIA portal

97A. The information prescribed for the purposes of section 172B of the Act is the following:

(a) the name of the applicant;

(b) a contact name, email address and phone number for correspondence with the applicant or his or her agent;

(c) the location of the proposed development in 256 characters or less;

(d) a description of the proposed development in 256 characters or less;

(e) the name of the planning authority or planning authorities, as the case may be, to which the application is to be made, or if this is being made to the Board or in the case of an appeal, a statement that the application or the appeal, as the case may be, has been made to the Board;

(f) a location map of sufficient size and containing details of features in the vicinity such as to permit the identification of the site to which the application relates, to a scale (which shall be identified thereon) of not less than 1:1000 in built up areas and 1:2500 in all other areas, or other scale as may be agreed by the Minister in a particular case, and marked so as to identify clearly the land or structure to which the application relates and the boundaries thereof in red;

(g) an electronic copy of the newspaper notice, searchable by electronic means as far as practicable, inserted or to be inserted pursuant to, as appropriate—

(i) section 37E(3)(a), 146C(4)(b), 175(4)(a), 181A(3)(a), 182A(4)(a) or 182C(4)(a) of the Act,

(ii) section 8(1)(a) of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016), or

(iii) article 17(1)(a), 105(1), 112(1) or 223(1)(a).

Entry of information from applicant, etc., onto EIA portal

97B. (1) On receipt of information submitted pursuant to article 97A, or in respect of any other application for development consent, the Minister shall satisfy himself or herself whether or not—

(a) the information provided is sufficient to identify—

(i) the name of the applicant,

(ii) the location and description of the proposed development, and

(iii) the planning authority or planning authorities, as the case may be, to whom the application is to be made, or the Board, or other competent authority, as appropriate, and

(b) the copy of the newspaper notice concerned referred to in article 97A(g) is searchable by electronic means as far as practicable.

(2) Where the Minister is so satisfied, he or she shall enter the information concerned referred to in article 97A (other than the information referred to in article 97A(b)) onto the EIA portal and send a confirmation notice by email to the email address provided for correspondence stating that he or she is so satisfied and that such information has been entered onto the portal.

(3) Where the Minister is not so satisfied, he or she shall—

(a) not enter the information onto the EIA portal, and

(b) inform the applicant or his or her agent, as appropriate, at the email address provided for correspondence of the reasons why he or she is not so satisfied.

Entry of information of competent authority onto EIA portal

97C. On receipt of the information provided pursuant to article 26(2)(b), or in respect of any other application for development consent, the Minister shall, within 3 working days, associate this with the information entered onto the EIA portal pursuant to article 97B(2).”.

Amendment of article 103 of Regulations of 2001

67. Article 103 of the Regulations of 2001 is amended—

(a) by the substitution of the following sub-articles for sub-article (1):

“(1)(a) Where a planning application for sub-threshold development is not accompanied by an EIAR, the planning authority shall carry out a preliminary examination of, at the least, the nature, size or location of the development.

(b) Where the planning authority concludes, based on such preliminary examination, that—

(i) there is no real likelihood of significant effects on the environment arising from the proposed development, it shall conclude that an EIA is not required,

(ii) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, it shall, by notice in writing served on the applicant, require the applicant to submit to the authority the information specified in Schedule 7A for the purposes of a screening determination unless the applicant has already provided such information, or

(iii) there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

(I) conclude that the development would be likely to have such effects, and

(II) by notice in writing served on the applicant, require the applicant to submit to the authority an EIAR and to comply with the requirements of article 105.

(1A)(a) Where an applicant is submitting to the planning authority the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development and its likely significant effects on the environment, including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

(b) Where an applicant is submitting to the planning authority the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

(1B)(a) Where a planning application for sub-threshold development is not accompanied by an EIAR but is accompanied by the information specified in Schedule 7A and sub-article (1A), or where an applicant submits to the planning authority such information pursuant to a requirement issued under sub-article (1)(b)(ii), the planning authority shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.

(b) The planning authority shall make a screening determination and—

(i) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or

(ii) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

(I) determine that the development would be likely to have such effects, and

(II) by notice in writing served on the applicant, require the applicant to submit to the authority an EIAR and to comply with the requirements of article 105.

(1C)(a) Subject to paragraph (b), any conclusion under sub-article (1)(b)(ii) or (iii) on a preliminary examination, or a screening determination under sub-article (1B)(b)(ii), shall be notified by the planning authority to the applicant within 8 weeks of receipt of the information specified in Schedule 7A.

(b) Subject to paragraph (c), a planning authority shall not be required to comply with paragraph (a) within the period specified in paragraph (a) where it appears to the planning authority that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(c) Where paragraph (b) applies, the planning authority shall, by notice in writing served on the applicant before the expiration of the period referred to in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the authority intends that the conclusion or screening determination concerned, as the case may be, shall be reached or made, as the case may be.”,

(b) by the deletion of sub-article (2),

(c) by the substitution of the following sub-articles for sub-article (3):

“(3)(a) A planning authority shall, in making its screening determination under sub-article (1B)(b) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from a proposed development, have regard to—

(i) the criteria set out in Schedule 7,

(ii) the information submitted pursuant to Schedule 7A,

(iii) the further relevant information, if any, referred to in sub-article (1A)(a) and the description, if any, referred to in sub-article (1A)(b),

(iv) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(v) in respect of a development which would be located on, or in, or have the potential to impact on—

(I) a European site,

(II) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

(III) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

(IV) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

(V) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 ,

(VI) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

(VII) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of the development on such site, area, land, place or feature, as appropriate.

(b) The planning authority’s screening determination under sub-article (1B)(b) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from a proposed development, as the case may be, including the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which that determination is based, and any notice under sub-article (1C)(c), shall be placed and kept with the documents relating to the planning application.

(3A) Where the screening determination under sub-article (1B)(b) is that the proposed development would not be likely to have significant effects on the environment and the applicant has provided, under sub-article (1A)(b), a description of the features, if any, of the development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development, the planning authority shall specify such features, if any, and such measures, if any, in that determination.”, and

(d) by the insertion of the following sub-article after sub-article (4):

“(5) This article shall not apply to a planning application for a proposed development in respect of which a screening for environmental impact assessment (within the meaning of section 176A(1)) of the Act) has been carried out by the planning authority pursuant to section 176B(2) of the Act or in respect of which a determination on a determination review or on an application referral has been made by the Board pursuant to section 176C(6) of the Act.”.

Weekly list of planning applications

68. The Regulations of 2001 are amended by the substitution of the following article for article 106:

“106.A list referred to in article 27 shall identify any planning application in respect of which—

(a) an EIAR has been received by the planning authority with a planning application,

(b) a notice has been served by the planning authority under article 103,

(c) a conclusion has been reached by the planning authority in respect of a planning application under article 103(1)(b),

(d) a screening determination has been made by the planning authority under article 103(1B), or

(e) an EIAR has been received by the planning authority pursuant to a notice under article 103.”.

Amendment of article 109 of Regulations of 2001

69. Article 109 of the Regulations of 2001 is amended—

(a) in sub-article (1), by the substitution of “equals or exceeds, as the case may be,” for “exceeds”,

(b) by the substitution of the following sub-articles for sub-article (2):

“(2)(a) Where an appeal relating to a planning application for sub-threshold development is not accompanied by an EIAR, the Board shall carry a preliminary examination of, at the least, the nature, size or location of the development.

(b) Where the Board concludes, based on such preliminary examination, that—

(i) there is no real likelihood of significant effects on the environment arising from the proposed development, it shall conclude that an EIA is not required,

(ii) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, it shall, by notice in writing served on the applicant, require the applicant to submit to the Board the information specified in Schedule 7A for the purposes of a screening determination unless the applicant has already provided such information, or

(iii) there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

(I) conclude that the development would be likely to have such effects, and

(II) by notice in writing served on the applicant, require the applicant to submit to the Board an EIAR and to comply with the requirements of article 112.

(2A)(a) Where an applicant is submitting to the Board the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development and its likely significant effects on the environment, including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

(b) Where the applicant is submitting to the Board the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

(2B)(a) Where a planning application for sub-threshold development is not accompanied by an EIAR but is accompanied by the information specified in Schedule 7A and sub-article (2A), or where an applicant submits to the Board such information pursuant to a requirement issued under sub-article (2)(b)(ii), the Board shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.

(b) The Board shall make a screening determination and—

(i) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or

(ii) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

(I) determine that the development would be likely to have such effects, and

(II) by notice in writing served on the applicant, require the applicant to submit to the Board an EIAR and to comply with the requirements of article 112.

(2C)(a) Subject to paragraph (b), any conclusion under sub-article (2)(b)(ii) or (iii) on a preliminary examination, or a screening determination under sub-article (2B)(b)(ii), shall be notified by the Board to the applicant within 8 weeks of receipt of the information specified in Schedule 7A.

(b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period specified in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(c) Where paragraph (b) applies, the Board shall, by notice in writing served on the applicant before the expiration of the period referred to in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the Board intends that the conclusion or screening determination concerned, as the case may be, shall be reached or made, as the case may be.

(c) by the deletion of sub-article (3),

(d) by the substitution of the following sub-articles for sub-article (4):

“(4)(a) The Board shall, in making its screening determination under sub-article (2B) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from the proposed development, have regard to—

(i) the criteria set out in Schedule 7,

(ii) the information submitted pursuant to Schedule 7A,

(iii) the further information, if any, referred to in sub-article (2A)(a) and the description, if any, referred to in sub-article (2A)(b),

(iv) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(v) in respect of a development which would be located on, or in, or have the potential to impact on—

(I) a European site,

(II) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

(III) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

(IV) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

(V) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 ,

(VI) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

(VII) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of the development on such site, area, land, place or feature, as appropriate.

(b) The Board’s screening determination under sub-article (2B) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from the proposed development, as the case may be, including the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which that determination is based, and any notice under sub-article (2C)(c), shall be placed and kept with the documents relating to the planning application.

(5) Where the screening determination under sub-article (2B) is that the proposed development would not be likely to have significant effects on the environment and the applicant has provided, under sub-article (2A)(b), a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment, the Board shall specify such features, if any, and such measures, if any, in that determination.”, and

(e) by the insertion of the following sub-article after sub-article (5):

“(6) This article shall not apply to an appeal relating to a planning application for a proposed development in respect of which a determination on a determination review or on an application referral in respect of a screening for environmental impact assessment (within the meaning of section 176A(1) of the Act) has been made by the Board pursuant to section 176C(6) of the Act.”.

Amendment of article 112 of Regulations of 2001

70. Article 112 of the Regulations of 2001 is amended—

(a) by the substitution of the following sub-article for sub-article (1):

“(1) Where an EIAR is required by the Board under article 109(1), (2) or (2B), the applicant shall—

(a) not more than 2 weeks before submitting the EIAR, publish notice of the intention to submit the EIAR in at least one approved newspaper, and

(b) comply with section 172B of the Act.”,

(b) by the substitution of the following sub-article for sub-article (3):

“(3) An EIAR submitted under article 109(1), (2) or (2B) shall be accompanied by—

(a) a copy of the relevant page of the newspaper in which a notice under sub-article (1)(a) was published, and

(b) a copy of the confirmation notice.”, and

(c) in sub-article (5)—

(i) by the substitution of “article 109(1), (2) or (2B)” for “article 109(1) or (2)”, and

(ii) by the insertion of the following paragraph after paragraph (c):

“(d) send to the EIA portal in electronic form in the manner set out on the portal—

(i) a copy of the confirmation notice,

(ii) the reference number of the appeal, and

(iii) the URL to the documents placed on its website pursuant to section 146(4)(a) of the Act.”.

Amendment of article 114 of Regulations of 2001

71. Article 114 of the Regulations of 2001 is amended by the insertion of “on its website for inspection and” after “made available”.

Amendment of article 115 of Regulations of 2001

72. Article 115 of the Regulations of 2001 is amended—

(a) in sub-article (1), by the insertion of “together with the URL to the EIAR on the Board’s website” after “authority”, and

(b) in sub-article (2), by the insertion of “and shall include the URL to the EIAR on the Board’s website with the documents on its website referred to in section 38(3)(b) of the Act” after “in relation to that appeal”.

Scoping request to Board

73. The Regulations of 2001 are amended by the substitution of the following article for article 117:

“117. (1) Before making an application for approval to the Board under section 175(3) of the Act, a local authority may, in accordance with article 95, request the Board to provide an opinion in writing on the scope and level of detail of the information to be contained in the EIAR.

(2) Where an opinion referred to in sub-article (1) has been provided, the EIAR shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.”.

Amendment of article 118 of Regulations of 2001

74. Article 118 of the Regulations of 2001 is amended—

(a) in paragraph (b), by the insertion of “and one electronic copy of the EIAR, searchable by electronic means as far as practicable,” before “for the proposed development”, and

(b) by the insertion of the following paragraph after paragraph (b):

“(ba) a copy of the confirmation notice,”.

Amendment of article 120 of Regulations of 2001

75. Article 120 of the Regulations of 2001 is amended—

(a) by the substitution of the following sub-articles for sub-article (1):

“(1)(a) Where a local authority proposes to carry out a sub-threshold development, the authority shall carry out a preliminary examination of, at the least, the nature, size or location of the development.

(b) Where the local authority concludes, based on such preliminary examination, that—

(i) there is no real likelihood of significant effects on the environment arising from the proposed development, it shall conclude that an EIA is not required,

(ii) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, it shall prepare, or cause to be prepared, the information specified in Schedule 7A for the purposes of a screening determination, or

(iii) there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

(I) conclude that the development would be likely to have such effects, and

(II) prepare, or cause to be prepared, an EIAR in respect of the development.

(1A)(a) Where the local authority prepares, or causes to be prepared, the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development and its likely significant effects on the environment, including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

(b) Where the local authority prepares, or causes to be prepared, the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

(1B)(a) Where the information specified in Schedule 7A and sub-article (1A) is prepared in respect of a proposed sub-threshold development, the local authority shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.

(b) The local authority shall make a screening determination and—

(i) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or

(ii) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

(I) determine that the development would be likely to have such effects, and

(II) prepare, or cause to be prepared, an EIAR in respect of the development.”,

(b) by the deletion of sub-article (2),

(c) in sub-article (3)—

(i) by the deletion of paragraph (a),

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) Where any person considers that a development proposed to be carried out by a local authority would be likely to have significant effects on the environment, he or she may, at any time before the expiration of 4 weeks beginning on the date of publication of the notice referred to in article 81(2), apply to the Board for a screening determination as to whether the development would be likely to have such effects.”,

(iii) in paragraph (c), by the insertion of “screening” before “determination”,

(iv) by the insertion of the following paragraphs after paragraph (c):

“(ca) The Board shall, by notice in writing served on the local authority, require the local authority to submit to the Board the information specified in Schedule 7A for the purposes of a screening determination.

(cb)(i) Where a local authority is submitting to the Board the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development and its likely significant effects on the environment, including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

(ii) Where a local authority is submitting to the Board the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

(cc)(i) Where a local authority submits the information specified in Schedule 7A and paragraph (cb) pursuant to a requirement under paragraph (ca), the Board shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.

(ii) The Board shall make a screening determination and—

(I) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or

(II) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

(A) determine that the development would be likely to have such effects, and

(B) by notice in writing served on the local authority, require the local authority to prepare, or cause to be prepared, an EIAR in respect of the development.”,

(v) by the deletion of paragraph (d), and

(vi) in paragraph (e), by the substitution of “paragraphs (b) and (ca)” for “paragraphs (a) and (b)”,

(d) by the insertion of the following sub-article after sub-article (3):

“(3A)(a) Subject to paragraph (b), the screening determination made by the Board under sub-article (3)(cc) shall be notified by the Board to the person who made the application under sub-article (3)(b) and the local authority within 8 weeks of receipt of the information specified in Schedule 7A.

(b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period specified in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(c) Where paragraph (b) applies, the Board shall, by notice in writing served on the person who made the application under sub-article (3)(b) and the local authority before the expiration of the period referred to in paragraph (a), inform them of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the Board intends that the screening determination concerned shall be made.”,

(e) by the substitution of the following sub-articles for sub-article (4):

“(4)(a) A local authority or the Board, as the case may be, shall, in making its screening determination under sub-article (1B) or (3)(cc), as the case may be, whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from the proposed development, have regard to—

(i) the criteria set out in Schedule 7,

(ii) the information submitted pursuant to Schedule 7A,

(iii) the further relevant information, if any, referred to in sub-article (1A)(a) or (3)(cb)(i), as the case may be and the description, if any, referred to in sub-article (1A)(b) or (3)(cb)(ii), as the case may be,

(iv) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(v) in respect of a development which would be located on, or in, or have the potential to impact on—

(I) a European site,

(II) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

(III) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

(IV) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

(V) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 ,

(VI) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

(VII) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of the development on such site, area, land, place or feature, as appropriate.

(b) The screening determination of the local authority or the Board, as the case may be, under sub-article (1B) or (3)(cc), as the case may be, shall include, or refer to, the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which the determination is based.

(4A)(a) Paragraph (b) applies where the screening determination of the local authority or the Board, as the case may be, under sub-article (1B) or (3)(cc), as the case may be, is that the proposed development would not be likely to have significant effects on the environment and the local authority has provided, under sub-article (1A)(b) or (3)(cb)(ii), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

(b) The local authority or the Board, as the case may be, shall specify such features, if any, and such measures, if any, in its screening determination under sub-article (1B) or (3)(cc), as the case may be.”, and

(f) by the substitution of the following sub-article for sub-article (7):

“(7) The local authority shall, in respect of its conclusion under sub-article (1)(b)(i) or its screening determination under sub-article (1B)(b)(i), as appropriate, and the description referred to in sub-article (4A)—

(a) in addition to the documents specified in article 83, make that conclusion or screening determination, as appropriate, and that description available for inspection or purchase (at a fee not exceeding the reasonable cost of making a copy) in accordance with that article, and

(b) publish that conclusion or screening determination, as appropriate, and that description for inspection on its website within 3 working days of the publication of the notice under article 83.”.

Notification of URL to EIA portal

76. The Regulations of 2001 are amended by the insertion of the following article after article 120:

“120A. The Board shall send to the EIA portal in electronic form in the manner set out on the portal—

(a) a copy of the confirmation notice,

(b) the reference number of the application for approval concerned under section 175(3) of the Act, and

(c) the URL to the documents placed on its website pursuant to section 146(4)(a) of the Act.”.

Content of decision

77. The Regulations of 2001 are amended by the substitution of the following article for article 122:

“122. A decision by the Board on an application for approval under section 175 of the Act shall—

(a) state the main reasons and considerations on which the decision is based,

(b) in relation to the granting or refusal of approval, where a decision (being a decision which arises from the consideration of the EIAR concerned) by the Board to grant or to refuse approval is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, indicate the main reasons for not accepting the recommendation in the report to grant or refuse approval,

(c) where a decision to impose a condition (being an environmental condition which arises from the consideration of the EIAR concerned) in relation to the approval is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on an application for approval on behalf of the Board, indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the report in relation to such condition,

(d) be accompanied by a statement that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, and

(e) include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.”.

Amendment of article 123 of Regulations of 2001

78. Article 123 of the Regulations of 2001 is amended—

(a) by the insertion of the following sub-article after sub-article (1):

“(1A) The Board shall, within 3 working days of making its decision on an application for approval, place and maintain that decision on its website for inspection thereon in perpetuity.”, and

(b) in sub-article (2), by the substitution of “sub-article (1), make a copy of the relevant EIAR available, and maintain such decision and EIAR, on its website for inspection thereon in perpetuity, and make such decision and EIAR available for inspection or purchase,” for “sub-article (1)(b), make a copy of the relevant EIS available for inspection or purchase,”.

Amendment of article 123A of Regulations of 2001

79. Article 123A of the Regulations of 2001 is amended—

(a) by the substitution of the following sub-articles for sub-article (1):

“(1)(a) Where a State authority proposes to carry out a sub-threshold development prescribed under section 181 of the Act, the authority shall carry out a preliminary examination of, at the least, the nature, size or location of the development.

(b) Where the State authority concludes, based on such preliminary examination, that—

(i) there is no real likelihood of significant effects on the environment arising from the proposed development, the authority shall conclude that an EIA is not required,

(ii) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, it shall prepare, or cause to be prepared, the information specified in Schedule 7A for the purposes of a screening determination, or

(iii) there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

(I) conclude that the development would be likely to have such effects, and

(II) prepare, or cause to be prepared, an EIAR in respect of the development.

(1A)(a) Where the State authority prepares, or causes to be prepared, the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development and its likely significant effects on the environment, including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

(b) Where the State authority prepares, or causes to be prepared, the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(1B)(a) Where the information specified in Schedule 7A and sub-article (1A) is prepared in respect of a proposed sub-threshold development, the State authority shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.

(b) The State authority shall make a screening determination and—

(i) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or

(ii) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

(I) determine that the development would be likely to have such effects, and

(II) prepare, or cause to be prepared, an EIAR in respect of the development.”,

(b) by the deletion of sub-article (2),

(c) in sub-article (3)—

(i) by the deletion of paragraph (a),

(ii) by the substitution of the following paragraph for paragraph (b)—

“(b) Where any person considers that a development proposed to be carried out by a State authority under section 181 of the Act would be likely to have significant effects on the environment, he or she may, at any time before the expiration of 4 weeks beginning on the date of the publication of the notice referred to in article 87(3), apply to the Board for a screening determination as to whether the development would be likely to have such effects.”,

(iii) in paragraph (c), by the insertion of “screening” before “determination”,

(iv) by the insertion of the following paragraphs after paragraph (c):

“(ca) The Board shall, by notice in writing served on the State authority, require the State authority to submit to the Board the information specified in Schedule 7A for the purposes of a screening determination.

(cb)(i) Where a State authority is submitting to the Board the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development and its likely significant effects on the environment, including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

(ii) Where a State authority is submitting to the Board the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

(cc)(i) Where a State authority submits the information specified in Schedule 7A and paragraph (cb) pursuant to a requirement issued under paragraph (ca), the Board shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.

(ii) The Board shall make a screening determination and—

(I) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or

(II) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

(A) determine that the development would be likely to have such effects, and

(B) by notice in writing served on the State authority, require the authority to prepare, or cause to be prepared, an EIAR in respect of the development.”,

(v) by the deletion of paragraph (d), and

(vi) in paragraph (e), by the substitution of “paragraphs (b) and (ca)” for “paragraphs (a) and (b)”,

(d) by the insertion of the following sub-article after sub-article (3):

“(3A)(a) Subject to paragraph (b), the screening determination made by the Board under sub-article (3)(cc) shall be notified by the Board to the person who made the application under sub-article (3)(b) and the State authority within 8 weeks of receipt of the information specified in Schedule 7A.

(b) Subject to paragraph (c), the Board shall not be required to comply paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(c) Where paragraph (b) applies, the Board shall, by notice in writing served on the person who made the application under sub-article (3)(b) and the State authority before the expiration of the period referred to in paragraph (a), inform them of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the Board intends that the screening determination concerned shall be made.”,

(e) by the substitution of the following sub-articles for sub-article (4):

“(4)(a) A State authority or the Board, as the case may be, shall, in making its screening determination under sub-article (1B) or (3)(cc), as the case may be, whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from the proposed development, have regard to—

(i) the criteria set out in Schedule 7,

(ii) the information submitted pursuant to Schedule 7A,

(iii) the further relevant information, if any, referred to in sub-article (1A)(a) or (3)(cb)(i), as the case may be, and the description, if any, referred to in sub-article (1A)(b) or (3)(cb)(ii), as the case may be,

(iv) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(v) in respect of a development which would be located on, or in, or have the potential to impact on—

(I) a European site,

(II) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

(III) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

(IV) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

(V) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 ,

(VI) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

(VII) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of the development on such site, area, land, place or feature as appropriate.

(b) The screening determination of the State authority or the Board, as the case may be, under sub-article (1B) or (3)(cc), as the case may be, shall include, or refer to, the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which the determination is based.

(4A)(a) Paragraph (b) applies where the screening determination of the State authority or the Board, as the case may be, under sub-article (1B) or (3)(cc), as the case may be, is that the proposed development would not be likely to have significant effects on the environment and the State authority has provided, under sub-article (1A)(b) or (3)(cb)(ii), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

(b) The State authority or the Board, as the case may be, shall specify such features, if any, and such measures, if any, in its screening determination under sub-article (1B) or (3)(cc), as the case may be.”, and

(f) by the substitution of the following sub-article for sub-article (7):

“(7) The State authority shall, in respect of its conclusion under sub-article (1)(b)(i) or screening determination under article (1B)(b)(i), as appropriate, and the description referred to in sub-article (4A)—

(a) in addition to the documents specified in article 89, make that conclusion or screening determination, as appropriate, and that description available for inspection or purchase (at a fee not exceeding the reasonable cost of making a copy) in accordance with that article, and

(b) publish that conclusion or screening determination, as appropriate, and that description for inspection on its website within 3 working days of the publication of the notice under article 83.”.

Amendment of article 132 of Regulations of 2001

80. Article 132 of the Regulations of 2001 is amended, in sub-article (3)—

(a) by the insertion of the following paragraph after paragraph (i):

“(ia) the URL, if known, to the application for development consent on the website of the relevant competent authority in the transboundary State concerned,”, and

(b) in paragraph (vi), by the insertion of “(being a period not earlier than 30 days after the publication of the notice)” after “specified period”.

Procedures for declarations and referrals under section 5 of Act

81. The Regulations of 2001 are amended, in Part 10, by the insertion of the following Chapter after Chapter 5:

“Chapter 6Procedure for declarations and referrals under section 5 of Act

Definitions

132B. In this Chapter—

‘referral’ means a referral under section 5(3) or (4) of the Act;

‘relevant development’, in relation to a request or referral, means the development or proposed development identified in the request or referral, as the case may be;

‘relevant person’—

(a) in relation to a request, means the person making the request, and

(b) in relation to a referral, means—

(i) the person making the referral pursuant to section 5(3) of the Act, or

(ii) where a planning authority has made a referral under section 5(4) of the Act, the person, if any, who made the request that gave rise to that referral;

‘request’ means a request under section 5(1) of the Act.

Preliminary examination of whether request or referral relates to development or proposed development requiring environmental impact assessment

132C. (1) Where a request is made to a planning authority or a referral is made to the Board, the authority or the Board, as appropriate, shall carry out a preliminary examination of, at the least, the nature, size or location of the relevant development.

(2) Where the planning authority or the Board, as appropriate, concludes, based on such preliminary examination, that—

(a) there is no real likelihood of significant effects on the environment arising from the relevant development, it shall conclude that an EIA is not required,

(b) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the relevant development, it shall, by notice in writing served on the relevant person, require the relevant person to submit to the planning authority or the Board, as appropriate, the information specified in Schedule 7A for the purposes of a screening determination unless the person has already provided such information, or

(c) there is a real likelihood of significant effects on the environment arising from the relevant development, it shall—

(i) conclude that the development would be likely to have such effects, and

(ii) by notice in writing served on the relevant person, declare, in the case of the authority or decide, in the case of the Board, that an EIA is or was required.

Time limit for provision of specified information

132D. (1) Sub-article (2) applies where—

(a) either—

(i) a request has been made by a relevant person other than the person who owns or occupies the land upon which the relevant development has taken place or may take place, or

(ii) such a request has become the subject of a referral, and

(b) a notice has been sent to that relevant person pursuant to article 132C(2)(b).

(2) The request or referral, as the case may be, shall be deemed to be withdrawn where the information specified in Schedule 7A is not provided to the planning authority or the Board, as appropriate, within 4 weeks of the date of issue of the notice referred to in sub-article (1)(b).

Notification to landowner or occupier where there is requirement for screening determination

132E. (1) Where a request to which a requirement under article 132C(2)(b) applies has been made by a relevant person other than the person who owns or occupies the land upon which the relevant development has taken place or may take place, the planning authority shall send a copy of the request, as soon as may be, to such owner or occupier, as the case may be.

(2)(a) The copy of the request sent to the owner or occupier pursuant to sub-article (1) shall be accompanied by a notice specifying the period, which shall be not less than 3 weeks, during which the owner or occupier may make submissions or observations—

(i) on the request, or

(ii) in the event that the request becomes the subject of a referral, on the referral.

(b) Such notice shall state that the owner or occupier may provide a description of the features, if any, of the relevant development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the relevant development.

(3)(a) Paragraph (b) applies where—

(i) a referral to which a requirement under article 132C(2)(b) applies has been made by a relevant person other than the person who owns or occupies the land upon which the relevant development has taken place or may take place, and

(ii) the planning authority has not sent a copy of the request to such owner or occupier.

(b) The Board shall send a copy of the request as soon as may be to such owner or occupier, as the case may be.

(4)(a) The copy of the request sent to the owner or occupier pursuant to sub-article (3) shall be accompanied by a notice specifying the period, which shall be not less than 3 weeks, during which the owner or occupier, as the case may be, may make submissions or observations on the referral.

(b) Such notice shall state that the owner or occupier may provide a description of the features, if any, of the relevant development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the relevant development.

Information requirement for deciding if certain requests or referrals require environmental impact assessment

132F. (1) Where the relevant person is submitting to the planning authority or the Board, as appropriate, the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the relevant development and its likely significant effects on the environment, including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

(2) Where the relevant person is submitting the information specified in Schedule 7A, the information may be accompanied by a description of the features, if any, of the relevant development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the relevant development.

Screening determination of whether request or referral with certain accompanying information relates to development requiring environmental impact assessment

132G. (1) Where the request or referral, as the case may be, is accompanied by the information specified in Schedule 7A and article 132F, or where information pursuant to a requirement issued under article 132C(2)(b) or a notification under article 132E(2) or (4) is provided, the planning authority or the Board, as appropriate, shall carry out an examination of, at the least, the nature, size or location of the relevant development for the purposes of a screening determination.

(2) The planning authority or the Board, as appropriate, shall make a screening determination and—

(a) if such determination is that there is no real likelihood of significant effects on the environment arising from the relevant development, it shall determine that an EIA is not required, or

(b) if such determination is that there is a real likelihood of significant effects on the environment arising from the relevant development, it shall—

(i) determine that such development would be likely to have such effects, and

(ii) by notice in writing served on the relevant person declare, in the case of the planning authority, or decide, in the case of the Board, that an EIA is or was required.

Extension of time for making screening determination on request or referral

132H. (1) Subject to sub-article (2), any screening determination made by the planning authority or the Board, as appropriate, shall be notified to—

(a) the relevant person,

(b) the owner of the land, where he or she is not the relevant person,

(c) the occupier of the land, where he or she is not the relevant person or the owner of the land,

(d) any person or body consulted by the Board, and

(e) any person who has been consulted by the planning authority about the request,

within 8 weeks of receipt by the planning authority or the Board, as appropriate, of the information specified in Schedule 7A.

(2) Subject to sub-article (3), the planning authority or the Board, as appropriate, shall not be required to comply with sub-article (1) within the period specified in sub-article (1) where it appears to it that it would not be possible or appropriate, because of the exceptional circumstances of the relevant development (including in relation to the nature, complexity, location or size of such development) to do so.

(3) Where sub-article (2) applies, the planning authority or the Board, as appropriate, shall, by notice in writing served on the persons listed at sub-article (1)(a) to (e) before the expiration of the period referred to in sub-article (1), inform those persons of the reasons why it would not be possible or appropriate to comply with sub-article (1) within that period and shall specify the date before which it intends that the screening determination concerned shall be made.

Matters which must be regarded

132I. (1) The planning authority or the Board, as appropriate, shall, in making its screening determination on a request or referral, as the case may be, under this Chapter whether there is no real likelihood of significant effects on the environment arising from the relevant development or there is a real likelihood of significant effects on the environment arising from the relevant development, have regard to—

(a) the criteria set out in Schedule 7,

(b) the information submitted pursuant to Schedule 7A,

(c) the further relevant information, if any, referred to in article 132F(1) and the description, if any, referred to in article 132F(2),

(d) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(e) in respect of relevant development which is or would be located on, or in, or have the potential to impact on—

(i) a European site,

(ii) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

(iii) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

(iv) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

(v) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 ,

(vi) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

(vii) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of such development on such site, area, land, place or feature, as appropriate.

(2) The planning authority or the Board, as appropriate, shall include, or refer to, in its screening determination made on a request or referral, the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which the determination is based.

Features or measures incorporated or envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment

132J. (1) Sub-article (2) applies where the screening determination made on a request or referral, as the case may be, is that the relevant development would not be likely to have, or does not have, as the case may be, significant effects on the environment and the owner or occupier of the land in question has provided, under article 132E, a description of the features, if any, of such development and the measures, if any, incorporated or envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the relevant development.

(2) The planning authority or the Board, as appropriate, shall specify such features, if any, and such measures, if any, in its screening determination made on a request or referral.

Publication of declaration by planning authority

132K. Where a planning authority has made a screening determination under article 132G, it shall publish the declaration pursuant to section 5(1) of the Act on its website, or in a newspaper circulating in the area where the relevant development is or would be situated, or both on that website and in such newspaper, together with a notice—

(a) stating that the declaration issued under section 5 of the Act may be referred to the Board for review by—

(i) the relevant person,

(ii) the owner of the land, where he or she is not the relevant person,

(iii) the occupier of the land, where he or she is not the relevant person or the owner of the land, or

(iv) any person or body consulted by the planning authority about the request,

(b) stating that a person may question the validity of the screening determination by the planning authority as to whether an EIA is or is not required by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), in accordance with sections 50 and 50A, and

(c) identifying where practical information on the mechanism for questioning the validity of the screening determination can be found.

Publication of decision by Board