European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Union (Waste Management) (Environmental Impact Assessment) Regulations 2020.
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paragraphs: (1) Where, in relation to an application for a waste licence, within the meaning of 40(2A) of the Principal Act, an environmental impact statement was submitted to the Environmental Protection Agency before 16 May 2017, the Principal Act and the Regulations of 2004 shall continue to apply as if these Regulations had not come into operation.
(2) In this Regulation, “environmental impact statement” means a statement of the direct and indirect effects that a proposed development will have or is likely to have on the environment and includes the information specified in Annex IV to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20111 .
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paragraphs: In these Regulations -
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paragraphs: The Principal Act is amended -
(a) by the substitution of “environmental impact assessment report” for “environmental impact statement” in each place where it occurs, and
(b) by the substitution of “such report” for “such statement” in each place where it occurs.
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paragraphs: Section 2 of the Principal Act is amended in the Table to that section by the insertion of “, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20142 ” after the reference to “Directive No. 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”.
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paragraphs: Section 5 of the Principal Act is amended -
(a) in subsection (1), by -
(i) the insertion of the following definition after the definition of “development”:
“ ‘EIA Directive’ means Directive 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 ;”,
(ii) the insertion of the following definition after the definition of “environmental impact assessment”:
“ ‘environmental impact assessment report’ shall be construed in accordance with section 40(2A);”, and
(iii) the deletion of the definition of “environmental impact statement”,
and
(b) by the substitution of the following subsection for subsection (3B):
“(3B) Subject to this Act, a word or expression that is used in this Act and that is also used in the EIA Directive has, unless the context otherwise requires, the same meaning in this Act as it has in that Directive.”.
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paragraphs: Section 15 of the Principal Act is amended by the insertion of the following subsection after subsection (1):
“(1A) Each local authority and the Agency shall carry out, or cause to be carried out, such monitoring of compliance with environmental conditions attached to a waste licence under section 41(2A) or section 41(2B) as it considers to be necessary having regard to the nature, location and size of the activity and the significance of its effects on the environment.”.
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paragraphs: Section 40 of the Principal Act is amended -
(a) in subsection (2)(b)(ii) -
(i) by the insertion, in clause (I), of “this Part, or with” after “and in accordance with”, and
(ii) by the insertion, in clause (III), of “this Part, or with” after “and in accordance with”,
and
(b) in subsection (2A) -
(i) by the substitution, in paragraph (a), of the following definition for the definition of “environmental impact assessment”:
“ ‘environmental impact assessment’ in relation to an application for a waste licence, means a process in respect of the proposed activity -
(i) consisting of -
(I) the preparation of an environmental impact assessment report in accordance with section 40(2A)(d),
(II) the carrying out of consultation with the public, public authorities and where applicable, another Member State,
(III) the examination by the Agency of the information presented in the environmental impact assessment report, any supplementary information provided by the applicant in accordance with section 40(2A)(e) and any relevant information received in written submissions made in accordance with regulations under section 45, or objections made to the Agency under section 42(3),
(IV) the reaching by the Agency of a reasoned conclusion on the significant effects of the proposed activity on the environment, and
(V) the integration by the Agency of its reasoned conclusion into its decision under section 42(11A),
and
(ii) including an examination by the Agency to identify, describe and assess the direct and indirect significant effects of the proposed activity, including the expected effects derived from the vulnerability of the activity to risks of major accidents and disasters relevant to it, on -
(I) population and human health,
(II) biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC of 21 May 19923 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 200944 ,
(III) land, soil, water, air and climate,
(IV) material assets, cultural heritage and the landscape, and
(V) the interaction between the factors mentioned in clauses (I) to (IV);”,
(ii) by the insertion, in paragraph (a), of the following definition after the definition of “environmental impact assessment”:
“ ‘environmental impact assessment report’ means a report prepared by competent experts which contains the following information:
(i) a description of the proposed activity comprising information on the site, design, size and other relevant features of the activity;
(ii) a description of the likely significant effects of the proposed activity on the environment;
(iii) a description of any features of the proposed activity and of any measures envisaged in order to avoid, prevent or reduce and if possible, offset likely significant adverse effects on the environment;
(iv) a description of the reasonable alternatives studied by the applicant which are relevant to the proposed activity and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed activity on the environment;