40B. — (1) F104[…]

(2) The Commission or the Minister shall, as part of the consideration of the application for consent made by the Board or another person, in accordance with subsection (3) ensure that before consent 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.

F105[(3) An environmental impact assessment shall be carried out by the Commission or the Environmental Assessment Unit, as the case may be, in respect of an application for consent under section 39A(1) or 40(1) where the proposed pipeline concerned is—

(a) a pipeline referred to in section 40A(1)(a), or

(b) a pipeline, other than a pipeline referred to in section 40A(1)(a), which the Commission or the Environmental Assessment Unit has, in accordance with section 40A, determined is likely to have significant effects on the environment and has directed that that proposed pipeline is to be the subject of an environmental impact assessment.]

F106[(3A) In carrying out an environmental impact assessment, the Commission or Environmental Assessment Unit, as the case may be, shall—

(a) ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report, and

(b) where appropriate, coordinate the assessment with any assessment of the proposed pipeline under the European Communities (Birds and Natural Habitats) Regulations 2011.]

(4) F104[…]

F105[(5) In carrying out an environmental impact assessment under this section, the Commission or the Environmental Assessment Unit, as the case may be, shall duly take into account—

(a) the particulars submitted with the application including the environmental impact assessment report submitted in accordance with section 40A,

(b) any additional information furnished under section 40A (5)(b),

(c) any submissions duly made in relation to the likely effects on the environment of the proposed pipeline, and

(d) the views of another Member State following consultation, if any, under section 40A(7)(a),

and, having taken those matters into account, shall reach a reasoned conclusion on the significant effects on the environment of the proposed pipeline.

(6) (a) The Commission having reached a reasoned conclusion under subsection (5) or, as the case may be, the Minister, having considered the reasoned conclusion reached by the Environmental Assessment Unit, and being satisfied that the reasoned conclusion remains up to date, may decide—

(i) to grant consent under section 39A(1) or 40(1), as the case may be, subject to whatever (if any) environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring) that the Commission or the Environmental Assessment Unit, as the case may be, considers necessary, to avoid, prevent or reduce, or offset significant adverse effects (if any) on the environment, or

(ii) to refuse to grant consent under section 39A(1) or 40(1), as the case may be.

(b) Where the Commission or the Minister, as the case may be, decides to grant consent, the Commission or the Minister, as the case may be, shall incorporate into the decision—

(i) the reasoned conclusion, and

(ii) any environmental conditions attached to the consent, a description of any features of the proposed pipeline or measures envisaged to avoid, prevent or reduce and, where possible, offset significant adverse effects on the environment and any appropriate monitoring measures.

(c) The Commission or the Minister (on the recommendation of the Environmental Assessment Unit), as the case may be, shall attach to a consent granted under section 39A (1) or 40(1), as the case may be, the implementation of any feature, or the carrying out of any measure, envisaged to avoid, prevent, reduce or offset significant adverse effects on the environment, and any monitoring measure referred to in paragraph (b)(ii), as an environmental condition of that consent.

(d) Where the Commission or the Minister, as the case may be, decides to refuse to grant consent under section 39A(1) or 40(1), as the case may be, the decision shall set out the main reasons for that decision.]

F106[(6A) The decision of the Commission or the Minister, as the case may be, under subsection (6) shall be made as soon as possible and, in any case, not later than eighteen weeks after—

(a) the receipt of an environmental impact assessment report submitted in accordance with section 40A(1),

(b) the receipt of any further information provided by the applicant in accordance with section 40A(5)(b), or

(c) the expiry of the period specified in a notice issued under section 40A(5)(c) for receipt of submissions or observations in relation to further information provided by the applicant in accordance with section 40A(5)(b), whichever is the later.]

(7) In carrying out the consideration and the environmental impact assessment of the application, the Commission or the F105[the Environmental Assessment Unit] may have regard to, and adopt in whole or in part, any reports prepared by officers of the F105[the Environmental Assessment Unit] or the Commission, as the case may be, or by consultants, experts or other advisors.

F106[(7A) The Commission or the Minister, as the case may be, shall promptly notify the Board or other person of the decision made in accordance with subsection (6).

(7B) The notification referred to in subsection (7A) shall state the reasons for the decision to which that notification relates.]

F105[(8) The Commission or the Minister, as the case may be, having made a decision in accordance with subsection (6), shall—

(a) promptly publish—

(i) in one or more newspapers circulating in the State or locally, as the Commission or the Minister, as the case may be, considers appropriate, a notice—

(I) stating that a decision in accordance with subsection (6) has been made,

(II) stating whether or not an environmental impact assessment or appropriate assessment, or both, were carried out,

(III) stating that a copy of the decision is available for inspection during specified hours, at a specified place, for a stated period of time, and in electronic form on the website of the Commission or the Department, as the case may be, and

(IV) stating that the decision may be subject to judicial review and providing information as to where practical information concerning the procedures in that regard may be found, and

(ii) on its website, the following:

(I) the decision;

(II) the main reasons and considerations on which the decision is based, including—

(A) information about the public participation process,

(B) a summary of the results of the consultations and the information gathered pursuant to section 40A and this section (in particular, where a copy of the environmental impact assessment report was sent in accordance with section 40A(7) the result of consultations and the information gathered under that subsection), and

(C) a description of how the results referred to in subclause (B) have been incorporated or otherwise addressed;

(III) where the decision is to grant consent, where the consent is subject to environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring), particulars of those conditions,

(IV) a statement that a copy of the decision is available for inspection during specified hours, at a specified place, for a stated period of time, and

(V) a statement that the decision may be subject to judicial review together with information as to where practical information concerning the procedures in that regard may be found,

(b) forward to each of the relevant specified bodies a copy of the decision, and

(c) where a copy of the environmental impact assessment report was sent in accordance with section 40A(7), forward to the relevant state a copy of the decision.]]