Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th January, 2019.

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 No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011¹ as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014² , hereby make the following regulations:

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

(2) These Regulations shall come into operation on 1 January 2019.

2. Section 176A (inserted by Regulation 21 of the European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 ( S.I. No. 296 of 2018 )) of the Planning and Development Act 2000 (No. 30 of 2000) is amended—

(a) in subsection (4), by the substitution of the following paragraph for paragraph (b):

“(b) consult any person—

(i) to whom a planning authority is required to send a notice in accordance with Article 28 of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ), or

(ii) prescribed by the Minister,

and consider any submissions or observations made by that person,”, and

(b) in paragraph (a) of subsection (7), by the deletion of “together with any fee received from the applicant,”.

GIVEN under my Official Seal

21 December 2018.

EOGHAN MURPHY,

Minister for Housing Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

The purpose of these European Union Regulations is to give further effect in Irish law to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 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 2014.

The Regulations amend section 172A (inserted by Regulation 21 of the European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 ( S.I. No. 296 of 2018 )) of the Planning and Development Act 2000 , which provides for the making of an application to a planning authority for a screening determination as to whether a proposed development is likely to have significant effects on the environment.

1 OJ No. L26 of 28 January 2012, p.1

2 OJ No. L124 of 25 April 2014, p.1