Roads Act 1993

F43 [ Environmental impact assessment report ]

50

F44 [ 50. (1) ( a ) A road development that is proposed that comprises any of the following shall be subject to an environmental impact assessment:

(i) the construction of a motorway;

(ii) the construction of a busway;

(iii) the construction of a service area;

(iv) any prescribed type of road development consisting of the construction of a proposed public road or the improvement of an existing public road.

( b ) If An Bord Plean á la considers that any road development proposed (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be likely to have significant effects on the environment it shall direct that the development be subject to an environmental impact assessment.

( c ) Where a road authority or, as the case may be, the Authority considers that a road development that it proposes (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be likely to have significant effects on the environment, it shall inform An Bord Plean á la in writing prior to making any application to the Bord for an approval referred to in section 51(1) in respect of the development.

( d ) In particular, where a proposed development (other than development to which paragraph (a) applies) consisting of the construction of a proposed public road or the improvement of an existing public road would be located on

(i) a European Site within the meaning of Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ),

(ii) 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),

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

(iv) land designated a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,

the road authority or the Authority, as the case may be, proposing the development shall decide whether or not the proposed development would be likely to have significant effects on the environment.

( e ) Where a decision is being made pursuant to this subsection on whether a road development that is proposed would or would not be likely to have significant effects on the environment, An Bord Plean á la, or the road authority or the Authority concerned (as the case may be), shall take into account the relevant selection criteria specified in Annex III.

( f ) Where a road authority or the Authority, as the case may be, makes a decision under paragraph (d) it shall

(i) make the decision available for inspection by members of the public, and

(ii) make an electronic version of the decision available on its website.

(1A) ( a ) Unless An Bord Plean á la is satisfied that a road development that is proposed consisting of the construction of a proposed public road or the improvement of an existing public road (other than development to which subsection (1)(a) applies)

(i) would not be likely to have significant effects on the environment, or

(ii) would be likely to have significant effects on the environment,

An Bord Plean á la shall require the road authority, or as the case may be the Authority, proposing the road development to provide it with information on the characteristics of the road development proposed and its likely effects on the environment.

( b ) Where a road authority or the Authority is subject to a requirement by An Bord Plean á la under paragraph (a) it shall

(i) provide the information specified in Annex IIA, and

(ii) where relevant, take into account the available results of other relevant assessments of the effects on the environment carried out pursuant to any Act of the Oireachtas or under European Union legislation (other than the EIA Directive).

( c ) Where a road authority or the Authority is subject to a requirement by An Bord Plean á la under paragraph (a) it may also provide a description of any features of the development or measures envisaged to avoid or prevent significant adverse effects on the environment.

( d ) Where An Bord Plean á la receives information from a road authority or the Authority under paragraph (b) it shall make a determination as to whether the road development proposed should be subject to an environmental impact assessment on the basis of such information, taking into account the relevant selection criteria specified in Annex III and, where relevant, the results of preliminary verifications or assessments of the effects on the environment carried out pursuant to any Act of the Oireachtas or under European Union legislation (other than the EIA Directive).

( e ) A determination under paragraph (d) shall

(i) where An Bord Plean á la determines that the development should be subject to an environmental impact assessment, specify with reference to the relevant criteria listed in Annex III the main reasons for that determination, and

(ii) where An Bord Plean á la determines that the development should not be subject to an environmental impact assessment, specify

(I) the main reasons for that determination by reference to the relevant criteria listed in Annex III, and

(II) any features of the proposed road development and measures proposed by the road authority, or as the case may be the Authority, to avoid or prevent significant adverse effects on the environment.

( f ) Subject to paragraph (g) , An Bord Plean á la shall make its determination under paragraph (d) as soon as possible and within 90 days from the date on which the road authority or, as the case may be, the Authority has submitted all the information required by An Bord Plean á la under paragraph (a) .

( g ) An Bord Plean á la may, in exceptional cases, including where it is justified by the nature, complexity, location or size of the proposed road development, extend the 90 day period referred to in paragraph (f) in order to make its determination and in such cases it shall inform the road authority or, as the case may be, the Authority in writing of the reasons justifying the extension and of the date when its determination is expected.

( h ) An Bord Plean á la shall make an electronic version of any determination under paragraph (d) available to the public on its website.

(1B) A road authority or, as the case may be the Authority, shall prepare an environmental impact assessment report in respect of any road development that it proposes that is subject to an environmental impact assessment under this section.

(2) The road authority or the Authority, as the case may be, shall ensure that an environmental impact assessment report referred to in subsection (1B)

( a ) is prepared by competent experts,

( b ) subject to subsection (3) , contains the following information:

(i) a description of the proposed road development comprising information on the site, design, size and other relevant features of the development;

(ii) a description of the likely significant effects of the proposed road development on the environment;

(iii) a description of any features of the proposed road development and of any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(iv) a description of the reasonable alternatives studied by the road authority or the Authority, as the case may be, which are relevant to the proposed road development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the proposed road development on the environment;

(v) a non-technical summary of the information referred to in subparagraphs (i) to (iv) ;

(vi) any additional information specified in Annex IV that is relevant to the specific characteristics of the particular proposed road development or type of proposed road development and to the environmental features likely to be affected,

and

( c ) takes into account the available results of other relevant assessments carried out pursuant to any Act of the Oireachtas or under European Union legislation with a view to avoiding duplication of assessments.

(3) Where An Bord Plean á la issues an opinion under subsection (4) the road authority or the Authority, as the case may be, shall

( a ) prepare the environmental impact assessment report referred to in subsection (1B) based on that opinion, and

( b ) include in the report the information that may reasonably be required for reaching a reasoned conclusion on the significant effects of the proposed road development on the environment, taking into account current knowledge and methods of assessment.

(4) ( a ) An Bord Plean á la shall, on the request of a road authority, or the Authority, that proposes a road development to which this section applies, made before the road authority or the Authority, as the case may be, has submitted an environmental impact assessment report

(i) consult with the road authority or the Authority, as the case may be,

(ii) consult the authorities referred to in section 51(3)(b) , and

(iii) taking into account the information provided by the road authority or the Authority, as the case may be, in particular on the specific characteristics of the project, including its location and technical capacity, and its likely impact on the environment, issue an opinion on the scope, and level of detail, of the information to be included by the road authority or the Authority, as the case may be, in the environmental impact assessment report in accordance with subsection (2) .

( b ) The issuing of an opinion under this subsection shall not prejudice the exercise by An Bord Plean á la of its powers pursuant to section 51(4) to require the road authority concerned or the Authority, as the case may be, to furnish it with specified additional information in relation to the likely effects on the environment of the proposed road development.

(5) In this section, construction of a proposed public road or the improvement of an existing public road includes any change or extension to a proposed road development already authorised, executed or in the process of being executed. ]

Annotations:

Amendments:

F43

Substituted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 4, subject to interpretation provision in reg. 2(2).

F44

Substituted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 5, subject to interpretation provision in reg. 2(2).

Modifications (not altering text):

C27

Application of section extended (11.03.2002) by Planning and Development Act 2000 (30/2000), s. 227(2), S.I. No. 599 of 2001, subject to restriction in s. 227(11).

Acquisition of land etc. on foreshore.

227.—...

(2) The functions of a road authority under sections 49, 50 and 51 of the Roads Act, 1993, shall extend to the foreshore adjoining the functional area of the road authority concerned.

...

(11) This section shall not apply to any application to the Minister for the Marine and Natural Resources for a lease under section 2 of the Foreshore Act, 1933, or for a licence under section 3 of that Act made before the coming into operation of this section.

C28

Application of section extended by Planning and Development Act 2000 (30/2000), s. 217B(4) and (5), as inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 38, S.I. No. 684 of 2006.

Transferred functions under this Part: supplemental provisions

217B.—...

(4) The Board may—

(a) if it considers it necessary to do so, require a road authority that has submitted a scheme under section 49 of the Roads Act 1993 or made an application for approval under section 51 of that Act to furnish to the Board such further information in relation to—

(i) the effects on the environment of the proposed scheme or road development, or

(ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development, as the Board may specify, or

(b) if it is provisionally of the view that it would be appropriate to approve the scheme or proposed road development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the road authority that it is of that view and invite the authority to make to the terms of the scheme or proposed road development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the scheme or road development, in the terms as so altered, or, where necessary, a revised environmental impact statement in respect of it.

(5) If a road authority makes the alterations to the terms of the scheme or proposed road development specified in a notification given to it under subsection (4), the terms of the scheme or road development as so altered shall be deemed to be the scheme or proposed road development for the purposes of sections 49, 50 and 51 of the Roads Act 1993.

C29

Application of subs. (1)(b) restricted (18.07.2004) by National Monuments (Amendment) Act 2004 (22/2004), s. 8(4), commenced on enactment.

South Eastern Route and National Monuments Acts 1930 to 2004.

8.— ...

(4) Section 50(1)(b) of the Roads Act 1993 shall not apply in respect of the South Eastern Route.

Editorial Notes:

E61

Power pursuant to section exercised (17.09.2019) by Roads (Amendment) Regulations 2019 (S.I. No. 486 of 2019).

E62

Power to determine fees under section provided by Planning and Development Act 2000 (30/2000), s. 144(1A)(e), as inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 44, S.I. No. 477 of 2010.

E63

Power pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).

E64

Previous affecting provisions: subs. (1)(d)(i) substituted and subparas. (ii)-(iv) repealed (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 56(7); section substituted as per F-note above.

E65

Previous affecting provisions: subs. (1)(a) substituted and (5) inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(d), commenced on enactment; section substituted as per F-note above.

E66

Previous affecting provisions: subs. (1)(d), (e)(f) inserted, subss. (2), (3) substituted and subs. (4) inserted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 14(a)-(c); section substituted as per F-note above.

E67

Previous affecting provision: subs. (3) substituted (18.09.1998) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998), reg. 14(a); substituted as per E-note above.