Foreshore Act 1933

F96 [ Environmental impact assessment of certain proposals relating to the foreshore.

13A
13A

13A. F97 [ (1)( a ) The appropriate Minister shall, as part of his consideration of a relevant application, in accordance with paragraph ( b ), ensure that, before a decision on the application is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to an environmental impact assessment.

F98 [ ( b )(i) An environmental impact assessment shall be carried out by the appropriate Minister in respect of a relevant application for consent where the proposed development would be of a class specified in

(I) Part 1 of Schedule 5 of the Planning and Development Regulations 2001, and either

(A) such development would exceed any relevant quantity, area or other limit specified in that Part, or

(B) no quantity, area or other limit is specified in that Part in respect of the development concerned,

or

(II) Part 2 of Schedule 5 of the Planning and Development Regulations 2001 and either

(A) such development would exceed any relevant quantity, area or other limit specified in that Part, or

(B) no quantity, area or other limit is specified in that Part in respect of the development concerned.

(ii) An environmental impact assessment shall be carried out by the appropriate Minister in respect of a proposed development where such development

(I) would be of a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001 but does not exceed the relevant quantity, area or other limit specified in that Part, and

(II) the appropriate Minister determines that the proposed development would be likely to have significant effects on the environment. ]

( c ) An environmental impact statement shall be submitted with all applications for consent in respect of development referred to in paragraph ( b )(i) and shall also be submitted where the appropriate Minister determines that development referred to in paragraph ( b )(ii) would be likely to have significant effects on the environment.

( d ) The appropriate Minister shall require the production by the applicant of any additional or supplemental information that he considers necessary to enable him to make an assessment as required under this section.

( e ) The appropriate Minister shall consider the content of the environmental impact statement (and any other material including maps or plans) submitted as part of the application and determine whether same adequately identifies, describes and assesses the direct and indirect effects on the environment of the proposed development.

( f ) If he considers that the environmental impact statement (and other material) is inadequate, then the appropriate Minister shall serve a notice (in this section referred to as a request for further information ) which sets out the manner in which the information is inadequate and requires the applicant to submit further information to remedy those inadequacies.

(2)( a ) In carrying out his consideration and environmental impact assessment the appropriate Minister shall have regard to the following matters:

(i) the particulars submitted with the application for consent, including the environmental impact statement and any other material, including maps and plans,

(ii) any additional material submitted in response to a request for further information, if any, pursuant to paragraph ( f ) of subsection (1),

(iii) any submissions or observations made in relation to the effects on the environment of the proposed development, including those made by bodies referred to in section 19A(3) (as amended by section 13 of the Foreshore and Dumping at Sea (Amendment) Act 2009 ) or members of the public, and

(iv) the views, if any, furnished by other Member States of the European Communities pursuant to section 19C.

( b ) In the event that the appropriate Minister decides to grant consent for the relevant application, he may attach such conditions to the consent as he considers necessary to avoid, reduce and, if possible, offset the major adverse effects (if any) of the proposed development.

( c ) In carrying out his consideration and environmental impact assessment, the appropriate Minister may have regard to, and adopt in whole or in part, any reports prepared by his officials or by consultants, experts or other advisors.

( d ) When a decision to grant or refuse consent for the relevant application has been taken, the appropriate Minister shall, without prejudice to section 21A, inform the applicant and the public thereof and shall make the following information available to the applicant and the public:

(i) the content of the decision and any conditions attached thereto,

(ii) his evaluation of the project s direct and indirect effects on the factors set out in paragraphs ( a ) to ( c ) of the definition of environmental impact assessment and the interaction between those factors,

(iii) having examined the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision is based and the main reasons and considerations for the attachment of any conditions,

(iv) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects,

(v) the reports referred to in paragraph ( c ),

(vi) information for the public on the procedures available to review the substantive and procedural legality of the decision. ]

F99 [ (2A) Where a relevant application would involve the undertaking of development which would

F100 [ ( a ) be of a class referred to in subsection (1)( b )(ii), and ]

( b ) be located on

F101 [ (i) a European Site, meaning

(I) a candidate site of Community importance,

(II) a site of Community importance,

(III) a candidate special area of conservation,

(IV) a special area of conservation,

(V) a candidate special protection area, or

(VI) a special protection area ]

(ii) F102 [ ]

(iii) F102 [ ]

(iv) F102 [ ]

(v) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act, 1976 (No. 39 of 1976) ,

(vi) land designated as a refuge for fauna under section 17 of the Wildlife Act, 1976 , ( No. 39 of 1976 ),

the F103 [ appropriate Minister ] shall decide whether the said development would or would not be likely to have significant effects on the environment.

F100 [ (2B) The appropriate Minister shall, where he is deciding pursuant to this section whether a proposed development would or would not be likely to have significant effects on the environment, have regard to the criteria specified in Annex III to the Council Directive. ]

(2C) Where the F104 [ appropriate Minister ] makes a decision pursuant to subsection (2A) on whether a proposed development would or would not be likely to have significant effects on the environment, he shall make arrangements to make the said decision available for inspection by members of the public. ]

(3) F105 [ ]

F106 [ (3A) ( a ) If a person, before submitting an environmental impact statement in accordance with a requirement of or under this section, so requests, the F107 [ appropriate Minister ] shall, after consulting the person who made the request and such bodies as may be prescribed for that purpose, give a written opinion on the information to be contained in such statement.

( b ) The giving of a written opinion in accordance with paragraph ( a ) of this subsection shall not prejudice the exercise by the F108 [ appropriate Minister ] of his powers under this Act to require the person who made the request to furnish further information in relation to the effects on the environment of development proposed in the relevant application concerned. ]

F109 [ (4) ( a ) The appropriate Minister may

(i) where that Minister is satisfied that exceptional circumstances so warrant, and

(ii) where the appropriate Minister is the Minister for Agriculture, Fisheries and Food, after consultation with the Minister for the Environment, Heritage and Local Government,

exempt a relevant application or a proposed relevant application from the requirement of subsection (1) of this section.

( b ) The appropriate Minister shall, in granting an exemption under paragraph ( a ) of this subsection

(i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other manner, and

(ii) make available to the public

(I) the information obtained in any assessment carried out under subparagraph (i),

(II) the information relating to any decision to exempt a relevant application under paragraph ( a ), and

(III) the reasons for the decision referred to in clause (II). ]

F110 [ (c) Notice of any exemption granted under paragraph (a) of this subsection, of the reasons for granting such exemption and of any requirements applied under paragraph (b) of this subsection shall, as soon as may be,

(i) be published in the Iris Oifigiuil and in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application or the proposed relevant application relates, and

(ii) be given, together with a copy of the information, if any, made available to members of the public in accordance with the said paragraph (b), to the Commission of the European Communities. ]

F111 [ ( d ) An exemption shall not be granted under paragraph ( a ) of this subsection in respect of a relevant application or a proposed relevant application if another Member State of the European Communities, having been informed pursuant to section 19C of this Act about the proposed development and its likely effects on the environment in that State, has indicated that it intends to furnish views on the said effects. ]

(5) In this section and in F98 [ sections 13B, 19A, 19C, 21A and 21B ] relevant application means, as the case may be

( a ) an application to the F112 [ appropriate Minister ] for a lease under section 2 of this Act,

( b ) an application to the F113 [ appropriate Minister ] for a licence under section 3 of this Act,

( c ) an application to the F114 [ appropriate Minister ] for his approval under section 10 of this Act for maps, plans, and specifications for erection of structures on the foreshore,

( d ) an application to the F115 [ Minister for the Environment, Heritage and Local Government ] for his consent under section 13 of this Act for the deposit of material on the foreshore. ]

F116 [ (6) In this section relevant application does not include an application for an aquaculture licence (within the meaning of the Fisheries (Amendment) Act 1997 ) that is accompanied by an environmental impact statement. ]

Annotations:

Amendments:

F96

Inserted (1.02.1990) by European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989), reg. 13(c), in effect as per reg. 2(1).

F97

Substituted (31.10.2012) by European Union (Environmental Impact Assessment) (Foreshore) Regulations 2012 (S.I. No. 433 of 2012), reg. 3(c)(i).

F98

Substituted (5.12.2014) by European Union (Environmental Impact Assessment and Appropriate Assessment) (Foreshore) Regulations 2014 (S.I. No. 544 of 2014), reg. 2(a), (b), in effect as per reg. 1(2).

F99

Inserted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 9(a), in effect as per reg. 2(1).

F100

Substituted (31.10.2012) by European Union (Environmental Impact Assessment) (Foreshore) Regulations 2012 (S.I. No. 433 of 2012), reg. 3(c)(ii) and (iii).

F101

Substituted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(1)(a), in effect as per reg. 1(3).

F102

Repealed (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(1)(b), in effect as per reg. 1(3).

F103

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 55, commenced as per s. 1(4).

F104

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 57, commenced as per s. 1(4).

F105

Deleted (31.10.2012) by European Union (Environmental Impact Assessment) (Foreshore) Regulations 2012 (S.I. No. 433 of 2012), reg. 3(c)(iv).

F106

Inserted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 9(b), in effect as per reg. 2(1).

F107

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 58, commenced as per s. 1(4).

F108

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 59, commenced as per s. 1(4).

F109

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 10, commenced as per s. 1(4).

F110

Substituted (18.09.1998) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998), reg. 8(a).

F111

Inserted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 9(d), in effect as per reg. 2(1).

F112

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 60, commenced as per s. 1(4).

F113

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 61, commenced as per s. 1(4).

F114

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 62, commenced as per s. 1(4).

F115

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 63, commenced as per s. 1(4).

F116

Inserted (30.09.2009) by European Communities (Foreshore) Regulations 2009 (S.I. No. 404 of 2009), reg. 3(b).

Editorial Notes:

E24

Previous affecting provision: subs. (5) amended (23.07.2014) by European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014), reg. 6(b); substituted as per F-note above.

E25

Previous affecting provision: subss. (1) and (2) amended (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 items 53 and 54, commenced as per s. 1(4); substituted as per F-note above.

E26

Previous affecting provision: subs. (2B) amended (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 6(2)(a) and sch. 1 part 1 item 56, commenced as per s. 1(4); substituted as per F-note above.

E27

Previous affecting provision: subs. (4)(a) and (b) substituted (30.09.2009) by European Communities (Foreshore) Regulations 2009 (S.I. No. 404 of 2009), reg. 3(a); substituted as per F-note above.

E28

Previous affecting provision: subs. (4)(a) substituted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 9(c), in effect as per reg. 2(1); substituted as per E-note above.

E29

Previous affecting provision: subs. (4)(b) substituted (18.09.1998) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998), reg. 8(a); substituted as per E-note above.