S.I. No. 145 of 2021 European Union (Foreshore Act 1933) (Environmental Impact Assessment) (Amendment) Regulations 2021
Source: Iris Oifigiúl 26 2021-03-30 394

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paragraphs: These Regulations may be cited as the European Union (Foreshore Act 1933) (Environmental Impact Assessment) (Amendment) Regulations 2021.
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paragraphs: (1) In these Regulations -
(2) A word or expression that is used in these Regulations and that is also used in Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 20113 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20144 has the same meaning in these Regulations as it has in that Directive.
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paragraphs: The Act of 1933 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: Section 1 of the Act of 1933 is amended -
(a) by the substitution of the following definition for the definition of “Council Directive”:
“ ‘Council Directive’ means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 20115 as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 20146 on the assessment of the effects of certain public and private projects on the environment;”,
(b) by the substitution of the following definition for the definition of “environmental impact assessment”:
“ ‘environmental impact assessment’, in relation to a proposed development, means a process in respect of the development -
(a) consisting of -
(i) the preparation of an environmental impact assessment report in accordance with section 13A(1)(cc),
(ii) the carrying out of the consultations referred to in section 19A and, where relevant, section 19C,
(iii) the examination by the appropriate Minister of the information presented in the environmental impact assessment report and any supplementary information provided, where necessary, in accordance with section 13A(1)(d) and any relevant information received through the consultations under section 19A and section 19C,
(iv) the reaching of a reasoned conclusion referred to in section 13A(2)(a) by the appropriate Minister on the significant effects of the project on the environment, taking into account the results of the examination referred to in subparagraph (iii) and, where appropriate, the appropriate Minister’s own supplementary examination; and
(v) the integration of the appropriate Minister’s reasoned conclusion into a decision referred to in section 13A(2)(cc) to grant or refuse consent for the relevant application,
and
(b) including an examination, analysis and evaluation, by the appropriate Minister under section 13A(2)(a) in order to identify, describe and assess the direct and indirect significant effects of the particular proposed development, including significant effects derived from the vulnerability of the proposed development 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 19927 and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 20098 ,
(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);”,
(c) by the insertion of the following definition after the definition of “environmental impact assessment”:
“ ‘environmental impact assessment report’ shall be construed in accordance with section 13A(1)(c) to (cd);”,
and
(d) by the deletion of the definition of “environmental impact statement”.
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paragraphs: Section 13A of the Act of 1933 is amended -
(a) in subsection (1) -
(i) in paragraph (b) -
(I) by the substitution of the following subparagraph for subparagraph (ii):
“(ii) An environmental impact assessment shall be carried out by the appropriate Minister in respect of a proposed development where -