European Union (Environmental Impact Assessment and Habitats) Regulations 2011.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: In these Regulations—
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paragraphs: Section 2 of the Act of 2000 is amended in the definition of “strategic infrastructure development” (inserted by section 6 of the Planning and Development (Strategic Infrastructure) Act 2006 ) by the substitution of “(c) any proposed development referred to in section 181A(1) which has been identified as likely to have significant effects on the environment in accordance with regulations made under section 176” for “(c) any proposed development referred to in section 181A(1)”.
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paragraphs: Section 5 of the Act of 2000 is amended by the insertion of the following subsection after subsection (7):
“(8)(a) The Minister for Arts, Heritage and the Gaeltacht may apply to the Board under this subsection, without charge, for a determination as to whether an activity requiring the consent of that Minister—
(i) pursuant to a notification under Regulation 14(2) of the European Communities (Natural Habitats) Regulations 1997 ( S.I. No. 94 of 1997 ) or under regulations made under the European Communities Act 1972 for the purpose of giving further effect to the Birds Directive or the Habitats Directive by designating a site as a special area of conservation or as a special protection area, or
(ii) under section 19 of the Wildlife (Amendment) Act 2000 ,
comprises development which is not exempted development, and the Board shall make such determination as soon as may be and shall inform that Minister of its determination and the reasons for the determination.
(b) An application from the Minister for Arts, Heritage and the Gaeltacht under this subsection shall include the following:
(i) a copy of the application for consent;
(ii) any other relevant information submitted with the application for consent;
(iii) the reasons why that Minister considers that the activity may not be exempted development;
(iv) the opinion of that Minister as to whether an appropriate assessment is required, and the reasons for that opinion;
(v) the opinion of that Minister as to whether the development is likely to have significant effects on a European site or an area designated as a Natural Heritage Area under section 18 of the Wildlife (Amendment) Act 2000 and the reasons for that opinion, having regard to the purposes for which the site was designated.
(c) The Board may seek additional information from—
(i) the applicant for consent, or
(ii) the Minister for Arts, Heritage and the Gaeltacht,
and where this is not provided within the period specified, or any further period as may be specified by the Board, the Board shall not make a determination on the matter and the application of that Minister under this subsection shall be deemed to be withdrawn and the Board shall inform that Minister accordingly.
(d) In paragraph (a)(i) “special area of conservation” and “special protection area” have the same meaning as they have in section 177R.”.
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paragraphs: Section 34 of the Act of 2000 is amended in subsection (8) by the insertion of the following paragraph after paragraph (c) (amended by section 23 of the Act of 2010):
“(ca) Where an environmental impact statement is submitted to a planning authority under section 172(1C), or where a Natura impact statement is submitted to a planning authority under section 177T (5), the planning authority shall make its decision on the application as follows—
(i) within 8 weeks commencing on the date on which the environmental impact statement or Natura impact statement, as the case may be, and a copy of the relevant public notice required in accordance with regulations under this Act, is received by the planning authority, or
(ii) where a planning authority, within 8 weeks of the receipt of an environmental impact statement submitted under section 172(1C) or a Natura impact statement under section 177T(5), serves notice in accordance with regulations under this Act requiring the applicant to give to the authority further information in relation to the environmental impact statement or Natura impact statement, as the case may be—
(I) within 4 weeks of the notice being complied with, or
(II) if in relation to further information given, the planning authority considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with regulations under this Act, and gives notice accordingly to the applicant, within 4 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority.”.
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paragraphs: Section 172 (amended by section 54 of the Act of 2010) of the Act of 2000 is amended—
(a) in subsection (1) by the substitution of the following for “consent for proposed development, or a class of such proposed development, prescribed by regulations under section 176.”:
“consent for—