EUROPEAN COMMUNITIES (FOREST CONSENT AND ASSESSMENT) REGULATIONS 2010
Source: Iris Oifigiúl 2010-11-30

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paragraphs: These Regulations may be cited as the European Communities (Forest Consent and Assessment) Regulations 2010.
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paragraphs: (1) In these Regulations—
(a) where relevant, a Minister of the Government;
(b) the Environmental Protection Agency;
(c) the National Parks and Wildlife Service of the Department of the Environment, Heritage and Local Government;
(d) Inland Fisheries Ireland;
(e) the relevant local authority (as defined under section 2 of the Local Government Act 2001 (No. 37 of 2001));
(f) An Taisce — The National Trust of Ireland;
(a) Council Directive 97/11/EC of 3 March 1997, and
(b) Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003;
(a) a minimum area of 0.1 hectare,
(b) tree crown cover of more than 20 per cent of the total area, or the potential to achieve this cover at maturity,
(a) the occupier for the time being of the lands,
(b) the leasehold owner (if any) of the lands, and
(c) Coillte Teoranta;
(a) where afforestation is concerned — afforestation of fewer than 50 hectares,
(b) where forest road works are concerned — construction of a forest road under 2000 metres in length.
(2) Subject to paragraph (1), a word or expression that is used in these Regulations and is also used in the EIA Directive has, in these Regulations, the same meaning as in that Directive.
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paragraphs: (1) A person seeking an approval shall submit an application to the Minister in a manner as the Minister may determine.
(2) An application under paragraph (1) shall contain all material facts relating to the development and include such information including an EIS, as the Minister considers necessary.
(3) The Minister may require satisfactory evidence demonstrating that the applicant is—
(a) the owner of the lands concerned, or
(b) acting with the consent of, and on behalf of, the owner,
(4) If an application does not contain the information that the Minister considers necessary or the EIS does not otherwise conform to the requirements, the Minister shall—
(a) inform the applicant that the application cannot be considered by the Minister,
(b) indicate the basis on which the application may be considered,
(c) return the application to the applicant, including all particulars, plans, drawings and maps.
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paragraphs: (1) Where the Minister receives an application and it appears to him or her that the proposed development may—
(a) cause significant acidification of waters,
(b) have a significant impact on—
(i) nature conservation, or
(ii) an archaeological site or feature,
(c) be situated in an area of special amenity under an order made under section 202 of the Planning and Development Act 2000, or
(d) is located in or likely to have a significant effect on—
(i) a European site within the meaning of Regulation 2(3) of the European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004),
(ii) land established or recognised as a nature reserve under sections 15 or 16 of the Act of 1976, as amended by sections 26 and 27 of the Act of 2000,
(iii) land designated as a refuge for flora or fauna under section 17 of the Act of 1976, as amended by section 28 of the Act of 2000,
(iv) an area the subject of a notice under section 16(2)(b) of the Act of 2000, or
(v) an area designated as a natural heritage area under section 18 of the Act of 2000,
(2) A notice issued under paragraph (1) shall include a copy of the application, the EIS (if any), a map of the site on which the development is proposed and other information that the Minister considers relevant.
(3) Without prejudice to paragraph (1), the Minister may carry out such consultation in relation to an application that he or she considers appropriate.
(4) A consultation body to which a notice under paragraph (1) is sent may submit a submission or observation on the application in writing to the Minister within 4 weeks of the issue of the notice or whatever longer timeframe is set out in the notice and, if additional information is received by the Minister and forwarded to the consultation body, within 4 weeks from the date on which the last information is forwarded.
(5) Where a consultation body to whom a notice or further information is sent under this Regulation fails to make a submission or observation within 4 weeks from the date of the notice or such longer timeframe set out in the notice or further information, the Minister may make a decision without further communication to that body.
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paragraphs: (1) Where the Minister receives an application he or she shall, before making a decision, publish a notice of the application.
(2) A notice under paragraph (1) shall state—
(a) the reference number of the application,
(b) the location, townland and county to which the application relates,
(c) the nature and extent of the proposed development,
(d) the nature of possible decisions or, where there is one, the draft decision,
(e) that any person may make a submission or observation to the Minister within 4 weeks from the date of the notice or whatever longer timeframe appears on the notice,
(f) where and when the application and documents may be viewed,
(g) any other details of public participation, and
(h) any other information that the Minister believes relevant to the application.
(3) The Minister shall make the application available for inspection to the public free of charge, or for purchase at a fee not exceeding the reasonable cost of doing so, a map of the proposed development and any other information or documentation relevant to the application that the Minister has in his or her possession.
(4) The public may make submissions or observations in writing concerning the application to the Minister within 4 weeks from the date of publication or whatever longer timeframe is set out in the notice, and where additional information is published, at least 4 weeks from the date of the publication of that information.
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paragraphs: (1) The Minister, after expiration of the relevant timeframe, may, in whole or in part, approve the application, having regard to the following;
(a) any information relating to the application furnished by the applicant;
(b) any written submission or observation received under Regulation 4 or 5;
(c) the National Forest Standard;
(d) the Code of Best Forest Practice;
(e) any relevant environmental guidelines made by a Minister of the Government;
(f) any relevant policy of a Minister of the Government;
(g) any acts of the institutions of the European Union, including the Birds Directive and the Habitats Directive;
(h) the requirements of these Regulations;
(i) any other legal requirements;
(j) any other matter that the Minister considers relevant, including the capacity of the applicant to carry out the development.
(2) The Minister may attach such conditions to the approval of a development as he or she considers necessary, including conditions relating to—
(a) the route and dimensions of the forest road,
(b) the materials to be used the construction of the forest road,
(c) the removal of specified trees where necessary,
(d) species of trees to be planted and where on the site such trees are to be planted,
(e) water drainage,
(f) fertilisation,
(g) management of the flora and fauna on the site, and
(h) adherence to any relevant conservation objective.
(3) The Minister shall refuse an application if, in his or her opinion—
(a) the application is incomplete in any material detail,
(b) the EIS is inadequate,
(c) the proposed development—
(i) fails to comply with any of the matters specified in paragraphs (1)(c) to (j),
(ii) is likely to have an adverse impact on human health, or
(iii) is likely to have significant adverse impact on—
(I) animal or plant health,
(II) water quality,
(III) an archaeological, historical or cultural site or feature,
(IV) an area of special amenity, or
(V) nature conservation.
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paragraphs: (1) The Minister shall notify the applicant in writing and, subject to paragraph (2), any person who made a submission or observation under Regulation 4 or 5 of—
(a) the decision to grant or refuse approval and, in the case of a decision to grant approval, any conditions attached to the approval,
(b) the main reasons and considerations on which the decision to grant or refuse an approval is based, and where conditions are attached to any grant of approval, the reasons for the conditions,
(c) a description, where necessary, of the main measures to avoid, reduce, and if possible, offset the major adverse effects of the development, and
(d) the procedure for seeking a review under Regulation 8 of the decision.
(2) The Minister may dispense with the requirement to notify persons other than the applicant under paragraph (1) where—
(a) a large number of submissions or observations are made as part of an organised campaign,
(b) the submission or observation made is, in the opinion of the Minister, frivolous or vexatious, or
(c) it is not possible to readily ascertain the name and address of any person who made a submission or observation.
(3) The Minister shall publish the decision and make available to the public the matters referred to in paragraph (1).
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paragraphs: (1) The High Court shall be the court of law for the purposes of Article 10a of the EIA Directive.
(2) An application to review a decision shall be made by way of application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986).
(3) The High Court shall not grant leave in such an application unless the applicant—
(a) has a sufficient interest in the matter, or
(b) is a consultation body.
(4) In this Regulation—
(a) any decision or purported decision made or purportedly made,
(b) any action taken or purportedly taken, or
(c) any failure to take any action;
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paragraphs: A person shall not carry out work on a development, or cause or permit another person to carry out work on a development other than in accordance with an approval.
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paragraphs: (1) If a development is undertaken in contravention of Regulation 9, the Minister may direct the owner of the land—
(a) in respect of afforestation, to remove the trees planted,
(b) in respect of forest road works, to remove the forest road, and
(c) to restore the land to its condition prior to the commencement of the development within a specified timeframe,
(2) A person shall comply with a direction and any conditions attached.
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paragraphs: (1) Where the land is unoccupied or the owner does not comply with a direction, the Minister may—
(a) enter onto the land and remove the trees or the forest road, or
(b) authorise in writing any person to enter in the land and remove the trees during any specified period, not exceeding 12 months.
(2) The Minister shall not be liable for any costs incurred by the owner in complying with a direction.
(3) The owner shall be liable for any costs incurred by the Minister under this Regulation.
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paragraphs: (1) Subject to Regulations 13 and 14, where the Minister considers that an EIS is necessary under these Regulations, the applicant shall submit an EIS in respect of the development and ensure that the EIS contains at least the information set out in Schedule 1 and any other information requested by the Minister.
(2) In advance of submitting an EIS, an applicant or a person intending to apply for approval may seek the opinion of the Minister on the information that is to be supplied under paragraph (1).
(3) The Minister shall consult the applicant and the relevant consultation bodies before giving his or her opinion.
(4) The consultation body may, within 4 weeks of notification to it under paragraph (3), give its comments to the Minister.
(5) Where the consultation body fails to submit any comments within the timeframe referred to, the Minister may give his or her opinion without further communication to that body.
(6) Nothing in this Regulation shall preclude the Minister from, at any stage—
(a) rejecting an EIS or
(b) seeking further information.
(7) The Minister shall, within 4 weeks of the expiry of the period referred to in paragraph (4), give a written opinion to the person who made the request under paragraph (2).
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paragraphs: Where, in an application for a sub-threshold development, the Minister considers that the proposed development is likely to have significant environmental effects in accordance with the criteria set out in Schedule 2, or where the Minister so requires, the applicant shall submit an EIS and Regulation 12 shall apply.
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paragraphs: (1) At the request of an applicant or a person intending to apply for approval, the Minister may, following—
(a) consideration of whether another form of assessment would be suitable,
(b) consultation with the Minister for the Environment, Heritage and Local Government,
(c) publishing the reasons for granting the exemption, together with information in relation to it, including, where another form of assessment has been carried out, information in relation thereto, and
(d) informing the European Commission,
(2) An exemption shall not be granted in respect of proposed development if a Member State, having been informed about the proposed development and its likely effects on the environment in that State, has indicated to the Minister that it intends to furnish a submission or observation.
(3) Where the Minister grants an exemption, the Minister may impose such conditions as he or she considers necessary in the exemption.
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paragraphs: Where the Minister considers that a proposed development is likely to have significant effects on the environment in a Member State, or where a Member State considers that the development is likely to have such effects and so requests, the Minister shall, as soon as possible, send to that State—
(a) a description of the proposed development and any available information on its possible effects on the environment in that State including the EIS (if any), and
(b) relevant information about the nature of the decision that may be taken in respect of the proposed development,
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paragraphs: (1) Where Regulation 15 applies—
(a) the Minister shall apply Regulation 5 in respect of the public of that Member State, and
(b) Regulation 7 shall apply to any submissions or observations received from a Member State or the public of that state,
(2) Where Regulation 15 applies and a decision is subsequently made to approve the application, Regulation 8 shall apply in respect of the public of that Member State with any necessary modifications.
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paragraphs: (1) An authorised officer may enter on and survey any land for the purpose of—
(a) ascertaining whether it is suitable for a development,
(b) inspecting a development, or
(c) ensuring compliance with these Regulations.
(2) An authorised officer who enters on any land shall, if so required by the occupier of that land, produce his or her authority to such occupier.
(3) A person shall not obstruct or interfere with an authorised officer in the exercise of any function conferred on him or her by these Regulations.
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paragraphs: (1) A person shall not forge, or utter knowing it to be forged—
(a) an approval,
(b) information submitted for the purposes of an application,
(c) a direction,
(d) an EIS,
(e) an exemption under Regulation 14, or
(f) other document purporting to be issued, granted or given under these Regulations,
(2) A person shall not alter with intent to defraud or deceive, or utter knowing it to be so altered—
(a) an approval,
(b) information submitted for the purposes of an application,
(c) a direction,
(d) an EIS,
(e) an exemption under Regulation 14, or
(f) other document purporting to be issued, granted or given under these Regulations,
(3) A person shall not, without lawful authority, have in his or her possession a forged document or an altered document.
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paragraphs: (1) A person who contravenes Regulation 9 shall be guilty of an offence and be liable—
(a) on summary conviction, to a fine not exceeding €5,000, or
(b) on conviction on indictment, to a fine not exceeding €250,000.
(2) A person who contravenes Regulation 10(2), 17(3), or 18(1), (2) or (3) shall be guilty of an offence and be liable—
(a) on summary conviction, to a fine not exceeding €5,000, or
(b) on conviction on indictment, to a fine not exceeding €25,000.
(3) Where a person has been convicted of an offence under this Regulation in respect of a contravention of Regulation 10(2) and there is a continuation of the offence by the person after his or her conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable—
(a) on summary conviction, to a fine not exceeding €500 for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 6 months,
(b) on conviction on indictment, to a fine not exceeding €2,000 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years.
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paragraphs: Summary proceedings in relation to an offence under these Regulations may be brought and prosecuted by the Minister.
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paragraphs: If an offence under these Regulations is committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence is committed, is a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished as if guilty of the first-mentioned offence.
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paragraphs: Section 50B (inserted by section 33 of the Planning and Development (Amendment) Act 2010 (No. 30 of 2010)) of the Planning and Development Act 2000 applies to these Regulations.
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paragraphs: Part 5 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations 2001 ( S.I. No. 538 of 2001 ) is revoked.