Foreshore Act 1933

F141[Procedure in regard to certain relevant applications.

19A

19A. (1) Notwithstanding section 19 of this Act, a person who has submitted an F142[environmental impact assessment report] in accordance with a requirement of or under section 13A of this Act shall, as soon as may be, publish in one or more newspapers circulating in the district in which is situated the foreshore to which the relevant application relates a notice

(a) stating that the person has made the application and indicating the location and nature of the proposal to which the application relates,

(b) stating that an F142[environmental impact assessment report] has been prepared in respect of the proposal,

(c) stating that the appropriate Minister is responsible for making a decision on the application and that that Minister may either grant, approve or consent to the application with or without covenants, conditions or agreements, where applicable, or refuse the application,

(d) stating whether section 19C of this Act applies to the proposal,

(e) stating that submissions, comments or questions in relation to the effects on the environment of the proposal may be made in writing to the appropriate Minister within 8 weeks from the publication of the notice, and

(f) specifying the times at which and the place where, within 8 weeks from the publication of the notice, a copy of the application, the F142[environmental impact assessment report] and any other relevant report or information (including copies of any submissions, comments or questions received by the appropriate Minister) may be inspected free of charge or purchased at a price to be determined by that Minister (which shall not be more than the reasonable cost of making the copy or copies concerned).

F143[(1A) A person who has submitted an environmental impact assessment report in accordance with a requirement of, or under, section 13A of this Act shall, as soon as practicable, send to the appropriate Minister an electronic version of

(a) the notice referred to in subsection (1),

(b) the environmental impact assessment report in respect of the proposed development, and

(c) a map of the location of the proposed development to a scale of not less than 1:1000 in relation to built-up areas and 1:2500 in relation to all other areas, or such other scale as may be agreed with the Minister for Housing, Local Government and Heritage in a particular case, and marked so as to identify clearly the land or structure to which the application relates,]

(2) The appropriate Minister shall ensure that the following information is available for inspection or for purchase by members of the public on the terms specified in the notice published in accordance with subsection (1) F143[and, together with the notice referred to in subsection (1) and the map referred to in subsection (1A), is made available in electronic form on the website of the Department of which the appropriate Minister is in charge at the location referred to in section 19A(2A)(g) and]:

(a) a copy of the application,

(b) the F142[environmental impact assessment report] prepared pursuant to section 13A of this Act,

(c) the views, if any, furnished by a Member State of the European Communities pursuant to section 19C of this Act,

(d) any submissions, comments or questions received by the appropriate Minister (including those received from the bodies specified in subsection (3) of this section), and

(e) any report or other information relevant to the decision.

F143[(2A) The appropriate Minister shall send to the Minister for Housing, Local Government and Heritage each of the following:

(a) the name of the person who has made the application with a contact email address and phone number for correspondence;

(b) a description of the location of the proposed development;

(c) a description of the proposed development;

(d) notice that the appropriate Minister is the competent authority to which the application has been made;

(e) a map of the location of the proposed development to a scale of not less than 1:1000 in relation to built-up areas and 1:2500 in relation to all other areas, or such other scale as may be agreed with the Minister for Housing, Local Government and Heritage in a particular case, and marked so as to identify clearly the land or structure to which the application relates;

(f) a searchable electronic version of the notice referred to in subsection (1);

(g) notification of the location where information in electronic form that relates to the application, including the determination under section 13A(2)(cc), is available on the website of the Department of which the appropriate Minister is in charge.]

(3) A person who has submitted an F142[environmental impact assessment report] in accordance with a requirement of or under section 13A of this Act shall, as soon as may be, send a copy of the relevant application and F142[environmental impact assessment report] to

(a) the local authority in whose functional area the proposed development is to be located in whole or in part,

(b) where the proposed development is to be located in any area contiguous to the functional area of a local authority, to each such local authority,

(c) the National Tourism Development Authority (Fáilte Ireland),

(d) An Taisce The National Trust for Ireland if the development is to take place on an area of special amenity value or special interest,

(e) where not the appropriate Minister for the purposes of section 13A, the Minister for the Environment, Heritage and Local Government if the development is to take place on an area of archaeological, water quality, scientific or ecological interest (or any combination of such areas), and

(f) any other Minister of Government where the appropriate Minister considers that the proposal relates to a function of that other Minister,

with a statement that the body may make objections or representations in relation to the effects on the environment of the proposal in writing to the appropriate Minister within 8 weeks from the date a copy of the F142[environmental impact assessment report] is sent to that body.

(4) A reference, in this section, section 19B or section 21A of this Act to an F142[environmental impact assessment report] includes a reference to an alternative form of assessment referred to in section 13A(4)(b) of this Act.]

Annotations

Amendments:

F141

Substituted (15.01.2010) by Foreshore and Dumping at Sea (Amendment) Act 2009 (39/2009), s. 13, commenced as per s. 1(4).

F142

Substituted (25.03.2021) by European Union (Foreshore Act 1933) (Environmental Impact Assessment) (Amendment) Regulations 2021 (S.I. No. 145 of 2021), reg. 3.

F143

Inserted (25.03.2021) by European Union (Foreshore Act 1933) (Environmental Impact Assessment) (Amendment) Regulations 2021 (S.I. No. 145 of 2021), reg. 7(a)-(c).

Editorial Notes:

E51

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

E52

Previous affecting provision: power pursuant to section exercised (24.08.1990) by Foreshore (Environmental Impact Assessment) Regulations 1990 (S.I. No. 220 of 1990); revoked (30.09.2009) by European Communities (Foreshore) Regulations 2009 (S.I. No. 404 of 2009), reg. 7.

E53

Previous affecting provision: section inserted (1.02.1990) by European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989), reg. 13(d), in effect as per reg. 2(1); substituted as per E-note above.