European Union (Gas Act 1976) (Environmental Impact Assessment) Regulations 2021
Source: Iris Oifigiúl 31 2021-04-16 470

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paragraphs: These Regulations may be cited as the European Union (Gas Act 1976) (Environmental Impact Assessment) Regulations 2021.
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paragraphs: (1) In these Regulations “Principal Act” means the Gas Act 1976 (No. 30 of 1976).
(2) A word or expression that is used in these Regulations and that is also used in Directive 2011/92/EU of the European Union 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 ) has the same meaning in these Regulations as it has in that Directive.
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paragraphs: The Gas Act 1976 (Sections 4 and 40A) Regulations 1990 ( S.I. No. 51 of 1990 ) are revoked.
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paragraphs: Section 2 of the Principal Act is amended -
(a) by the insertion of the following definitions:
“ ‘Department’ means the Department of the Environment, Climate and Communications;
‘Environmental Assessment Unit’ has the meaning assigned to it by section 40C;
‘EIA Directive’ means Directive 2011/92/EU of the European Union 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 ;
‘effects on the environment’ includes, in relation to a proposed pipeline, the effects of the construction and operation of that pipeline on the environment;
‘environmental impact assessment’, in relation to a pipeline which is the subject of application for consent under section 39A(1) or 40(1), means a process in respect of the construction and operation of the pipeline -
(a) consisting of -
(i) the preparation of an environmental impact assessment report in accordance with section 40A(1)(f),
(ii) the carrying out of consultation in accordance with section 40A(2) and, where relevant, section 40A(7),
(iii) the examination by the Commission or the Environmental Assessment Unit, as the case may be, of -
(I) the information presented in the environmental impact assessment report,
(II) any additional information provided in accordance with section 40A(5)(b), and
(III) any relevant information received through consultation under section 40A(2) and, where relevant, under section 40A(7),
(iv) the reaching by the Commission or the Environmental Assessment Unit, as the case may be, of a reasoned conclusion in accordance with section 40B(5) on the significant effects on the environment of the proposed pipeline, taking into account the results of the examination referred to in subparagraph (iii) and, where appropriate, its own supplementary examination, and
(v) the integration by the Commission or the Minister, as the case may be, of the reasoned conclusion referred to in subparagraph (iv) into the decision made by the Commission or the Minister, as the case may be, under section 39A(1) or 40(1), as the case may be,
and
(b) including an examination, analysis and evaluation by the Commission or the Environmental Assessment Unit, as the case may be, under section 40B (5) to identify, describe and assess the direct and indirect significant effects on the environment of the proposed pipeline, including the expected significant effects derived from the vulnerability of the proposed pipeline 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 200910 ,
(iii) land, soil, water, air and climate,
(iv) material assets, cultural heritage and the landscape, and
(v) the interaction between the factors mentioned in subparagraphs (i) to (iv);
(a) where an application has been made under section 39A(1) or 40(1) in respect of a pipeline, that pipeline,
or
(b) where a request has been made under section 40A(1)(bb) in respect of a pipeline, that pipeline;
(a) in relation to a proposed pipeline other than an upstream pipeline, means -
(i) all local authorities in whose functional area the proposed pipeline would be situated,
(ii) the Commissioners of Public Works in Ireland,
(iii) An Taisce,
(iv) the Minister,
(v) the Minister for Agriculture, Food and the Marine,
(vi) the Minister for Housing, Local Government and Heritage,
(vii) the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media,
(viii) the Minister for Transport,
(ix) the Health and Safety Authority,
(x) the Environmental Pillar,
(xi) the Heritage Council,
(xii) Teagasc,
(xiii) Inland Fisheries Ireland,
(xiv) Inland Waterways Ireland, and
(xv) Bord FÃ¡ilte, and
(b) in relation to a proposed pipeline being an upstream pipeline, means -
(i) all local authorities contiguous to whose functional area the proposed upstream pipeline would be situated,
(ii) An Taisce,
(iii) the Minister for Agriculture, Food and the Marine,
(iv) the Minister for Housing, Local Government and Heritage,
(v) the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media,
(vi) the Minister for Transport,
(vii) the Health and Safety Authority,
(viii) the Sea-Fisheries Protection Agency,
(ix) Bord Iascaigh Mhara,
(x) the Marine Institute,
(xi) the Environmental Pillar,
(xii) the Irish Whale and Dolphin Group, and
(xiii) the Heritage Council.”,
(b) by the designation of the section as subsection (1), and
(c) by the insertion of the following subsection after subsection (1):
“(2) (a) A reference in this Act to an Annex is a reference to an Annex to the EIA Directive.
(b) A word or expression that is used in this Act that is also used in the EIA Directive has the same meaning in this Act as it has in the Directive.”.
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paragraphs: The Principal Act is amended by the substitution of “environmental impact assessment report” for “environmental impact statement” in each place where it occurs.
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paragraphs: The Principal Act is amended by the insertion of the following section after section 39A:
39B. (1) (a) A declaration by way of a notice under section 2(6)(b) of the Gas (Amendment) Act 1987 (No. 9 of 1987) in respect of a pipeline shall not apply in respect of a pipeline where an environmental impact assessment or an appropriate assessment is required in respect of that pipeline.
(b) A declaration by way of a notice under section 2(6)(b) of the Gas (Amendment) Act 1987 in respect of a class of pipelines shall not apply in respect of a pipeline in that class where an environmental impact assessment or an appropriate assessment is required in respect of the pipeline concerned.
(2) (a) Regulations made under section 12(2) of the Gas (Interim)(Regulation) Act 2002 (No. 10 of 2002) in respect of a pipeline shall not apply in respect of a pipeline where an environmental impact assessment or an appropriate assessment is required in respect of that pipeline.
(b) Regulations made under section 12(2) of the Gas (Interim) (Regulation) Act 2002 in respect of a class of pipelines shall not apply in respect of a pipeline in that class where an environmental impact assessment or an appropriate assessment is required in respect of the pipeline concerned.”.
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paragraphs: Section 40A of the Principal Act is amended -
(a) in subsection (1) -
(i) by the substitution of the following paragraphs for paragraphs (a) and (b):