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Arterial Drainage Act 1945
F14[Pre-submission consultation
5.—(1) When the Commissioners have prepared a drainage scheme in respect of proposed arterial drainage works they shall—
(a) send a copy of such scheme to the council of every county in which the area or any part of the area proposed by such scheme to be constituted a separate drainage district is situate,
(b) publish in Iris Oifigiúil and such one or more newspapers circulating in each area, referred to in paragraph (a), as they shall consider appropriate, a notice stating—
(i) that such scheme has been prepared by them,
(ii) the electoral divisions to which or to a part of which the scheme relates,
(iii) that the Minister is the competent authority for the taking of a decision in relation to the scheme and the nature of the possible decisions,
(iv) where applicable, that the proposed arterial drainage works concerned are subject to an environmental impact assessment,
(v) where the proposed arterial drainage works concerned are subject to an environmental impact assessment, that an environmental impact assessment report in respect of those works has been prepared,
(vi) where applicable, that subsection (6) applies,
(vii) the place or places at which and the period, not being less than 30 days, during which a copy of the scheme (and the environmental impact assessment report, where applicable) will be available for inspection in accordance with subsection (2),
(viii) where the proposed arterial drainage works concerned are subject to an environmental impact assessment, the website on which a copy of the environmental impact assessment report is available, and
(ix) where the proposed arterial drainage works concerned are subject to an environmental impact assessment, that submissions may be made in writing to the Commissioners by members of the public in relation to the likely effects on the environment of the works during the period referred to in subparagraph (vii),
(c) where the scheme is an EIA drainage scheme, send a notice to the consultation bodies, including copy of the scheme and the environmental impact assessment report with the notice, indicating that submissions may be made in writing by the consultation body concerned to the Commissioners in relation to the likely effects on the environment of the scheme within such period as may be specified in the notice, not being less than 30 days after the date of the notice, and
(d) where the scheme is an EIA drainage scheme, provide the following information in electronic form to the EIA portal:
(i) that the applicants for development consent in respect of the EIA drainage scheme are the Commissioners;
(ii) the name, e-mail address and phone number of the person to whom correspondence in relation to the EIA drainage scheme should be sent;
(iii) the location of the EIA drainage scheme;
(iv) a description of the EIA drainage scheme;
(v) that the application for development consent will be made to the Minister;
(vi) a location map of sufficient size and containing details of features in the vicinity such as to permit the identification of the site to which the EIA drainage scheme relates;
(vii) an electronic copy of the notice published in accordance with paragraph (b).
(2) A member of the public may make a submission in writing to the Commissioners in relation to the likely effects on the environment of a drainage scheme in respect of which a notice has been published under paragraph (b) of subsection (1) within the period referred to in subparagraph (vii) of that paragraph.
(3) A consultation body to which a notice is sent under paragraph (c) of subsection (1) may make a submission in writing to the Commissioners in relation to the likely effects on the environment of the drainage scheme concerned within the period specified in that notice.
(4) Every council of a county to which a copy of a drainage scheme is sent by the Commissioners in pursuance of this section—
(a) shall cause such copy to be exhibited in their principal offices or other convenient place during the period specified in that behalf in the notice relating to such scheme published under subsection (1)(b) and shall permit such copy to be inspected during office hours by any person claiming to be interested therein,
(b) shall examine and consider the drainage scheme of which such copy is a copy, and
(c) may, at any time within 3 months after the date of the publication in the Iris Oifigiúil of the notice relating to such scheme under subsection (1), send to the Commissioners all such observations in regard to such scheme as such council shall think proper.
(5) The duty imposed on the council of a county by paragraph (b) of subsection (4) and the power conferred on the council of a county by paragraph (c) of that subsection shall each be a reserved function.]
Annotations
Amendments:
F14
Substituted (21.09.2019) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019), reg. 3(d), subject to transitional provisions in reg. 4.
Editorial Notes:
E7
Consideration of and observations in regard to a drainage scheme prepared by the Commissioners of Public Works in Ireland under section is a reserved function that may be performed under Local Government Act 2001, s. 131A(1)(b) in respect of a Municipal District by Municipal District Members or the Local Authority, as provided by Local Government Act 2001, s. 131A and sch. 14A part 2 ref. no. 23, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014. This is subject to restrictions on delegation imposed (1.06.2014) by Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 (S.I. No. 231 of 2014, regs. 6-10, in operation as per reg. 2.
E8
Examining and considering a drainage scheme sent to a county council by the Commissioners of Public Works and providing observations to the Commissioners in regard to such scheme under section is a reserved function to be performed by the local authority, as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 ref. no. 79, as insertd (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I.No. 214 of 2014.
E9
Previous affecting provision: subss. (1)(c), (1B), (2B) inserted (23.09.2009) by European Communities (Arterial Drainage) Regulations 2009 (S.I. No. 388 of 2009), reg. 5(1), (2), in operation as per reg. 2(2); section substituted (21.09.2019) as per F-note above.
E10
Previous affecting provision: subss. (1)(b), (2)(c) applied with modifications (17.07.1995) by Arterial Drainage (Amendment) Act 1995 (14/1995), s. 5, commenced on enactment; section substituted (21.09.2019) as per F-note above.
E11
Previous affecting provision: power pursuant to section exercised (15.11.1990) by Arterial Drainage Acts, 1945 and 1955 (Environmental Impact Assessment) Regulations 1990 (S.I. No. 323 of 1990), reg. 1; revoked (21.09.2019) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019), reg. 5.
E12
Previous affecting provision: subss. (1)(aa), (1A), (5)(aa) inserted (16.12.1989) by European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989), by s. 16(c), (d), (e), in operation as per reg. 2(1); section substituted (21.09.2019) as per F-note above.