Roads Act 1993

Environmental impact assessment.

51

51. F45 [ (1) A proposed road development shall not be carried out unless An Bord Plean á la has approved it or approved it with modifications.

(2) The road authority concerned or the Authority, as the case may be, shall apply to An Bord Plean á la for the approval referred to in subsection (1) in relation to a proposed road development it proposes and shall submit to An Bord Plean á la the F46 [ environmental impact assessment report ] prepared in respect of the development. ]

F47 [ (2A) An Bord Plean á la shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report. ]

(3) Where a road authority F47 [ or the Authority ] has made an application for approval under subsection (2), it shall as soon as may be—

( a) publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice in the prescribed form—

(i) stating that it has made an application to the Minister for the approval of the proposed road development,

(ii) stating that an F46 [ environmental impact assessment report ] in respect of the proposed road development has been prepared,

(iii) indicating the times at which, the period F48 [ (not being less than 6 weeks) ] during which and the place where a copy of the F46 [ environmental impact assessment report ] may be inspected,

(iv) stating that a copy of the F46 [ environmental impact assessment report ] may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy, F49 [ ]

(v) stating that submissions may be made in writing to the Minister in relation to the likely effects on the environment of the proposed road development F48 [ during the period referred to in paragraph (a)(iii) ] ;

F50 [ (vi) where relevant, stating that the proposed road development is likely to have significant effects on the environment in Northern Ireland, and

(vii) specifying the types of decision F51 [ An Bord Plean á la ] may make, under section 51(6) , in relation to the application; ]

F47 [ ( aa ) send to An Bord Plean á la an electronic version of

(i) the notice referred to in paragraph (a) ,

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

(iii) a map of the location of the proposed road 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, Planning and Local Government in a particular case, and marked so as to identify clearly the land or structure to which the application relates, ]

( b) send a copy of the F46 [ environmental impact assessment report ] together with a notice in the prescribed form, stating that the authority has made an application for approval of the proposed road development and that submissions may be made in writing to the Minister F48 [ within a specified period (which shall be that referred to in paragraph (a)(iii) ) ] in relation to the likely effects on the environment of the proposed road development to each of the following—

(i) the Commissioners of Public Works in Ireland,

(ii) Bord Fáilte Éireann,

(iii) An Taisce — the National Trust for Ireland,

F52 [ (iv) the Environmental Protection Agency,

(v) any other prescribed body or person; ]

( c) send a copy of the F46 [ environmental impact assessment report ] to the prescribed authority in Northern Ireland where the proposed road development is likely to have significant effects on the environment in Northern Ireland or where that authority so requests, together with a notice in the prescribed form, stating that the authority has made an application for approval of the proposed road development and that submissions may be made in writing to the Minister in relation to the likely effects on the environment of the proposed road development.

F53 [ ( d ) where the F46 [ environmental impact assessment report ] and a notice has been sent to the prescribed authority in Northern Ireland pursuant to paragraph (c) , enter into consultations with that authority regarding the potential effects on the environment of the proposed road development and the measures envisaged to reduce or eliminate such effects. ]

F47 [ (3A) An Bord Plean á la shall make an electronic version of the documents specified in subsection (3) (aa) available to the public on its website (at the location referred to in subsection (3B) (g) ).

(3B) An Bord Plean á la shall send to the Minister for Housing, Planning and Local Government each of the following:

( a ) the name of the road authority, or as the case may be, the Authority, proposing the road development together with a contact name, 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 An Bord Plean á la is the competent authority to which the application has been made;

( e ) a map of the location of the proposed road 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, Planning and Local Government 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 (3)(a) ;

( g ) notification of the location where information in electronic form that relates to the application, including any determination under section 50(1A) (d) , is available on An Bord Plean á la s website. ]

F52 [ (4) Where a road authority or the Authority has applied to An Bord Plean á la for an approval in accordance with subsection (2) , An Bord Plean á la may require the road authority or the Authority, as the case may be, to furnish it with any additional information specified in Annex IV which is directly relevant to reaching a reasoned conclusion on the significant effects of the development on the environment and a road authority or, as the case may be the Authority shall comply with any such requirement. ]

F54 [ (4A) The Minister shall, where he considers that additional information furnished in accordance with a requirement under subsection (4) contains significant additional data in relation to the effects on the environment of the proposed road development, require the relevant road authority to

( a ) publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice stating that significant additional information in relation to the said effects has been furnished to the Minister, that the additional information will be available, for inspection or for purchase (on payment of a specified fee not exceeding the reasonable cost of making a copy) , at a specified place and at specified times during a specified period, and that submissions or observations in relation to the additional information may be made in writing to the Minister before a specified date, and

( b ) send notice of the furnishing to the Minister of significant additional information, and a copy of the additional information, to the bodies and persons and the authority (where appropriate) referred to in subsections (3) (b) and (c) and to indicate to such bodies and persons and the authority (where appropriate) that submissions or observations in relation to the additional information may be made in writing to the Minister before a specified date. ]

F47 [ (4B) Where An Bord Plean á la requires the relevant road authority, or as the case may be the Authority, to publish a notice in accordance with subsection (4A)(a) the relevant road authority, or as the case may be the Authority, shall provide An Bord Plean á la with an electronic version of that notice and An Bord Plean á la shall make the electronic version of the notice and an electronic version of the additional information referred to in subsection (4A) available at the location referred to in subsection (3B)(g) .

(4C) Where An Bord Plean á la receives any submissions made in relation to the likely effects on the environment of the proposed road development it shall make them available in electronic form at the location referred to in subsection (3B) (g) . ]

F52 [ (5) Before approving a proposed road development An Bord Plean á la shall

( a ) duly take into account

(i) the environmental impact assessment report submitted under subsection (2) ,

(ii) any additional information furnished under subsection (4) ,

(iii) any submissions made in relation to the likely effects on the environment of the proposed road development, and

(iv) where a copy of the environmental impact assessment report was sent in accordance with subsection (3)(c) , the results of consultations and the information gathered under subsection (3)(d) ,

( b ) consider the report and any recommendation of the person conducting an inquiry referred to in subsection (7) where evidence is heard at such inquiry in relation to the likely effects on the environment of the proposed road development,

and

( c ) taking into account the results of the examination referred to in paragraphs (a) and (b) , reach a reasoned conclusion on the significant effects of the proposed road development on the environment. ]

F47 [ (5A) An Bord Plean á la shall make a decision under subsection (6) in relation to a proposed road development within a reasonable period of time following receipt of an environmental impact assessment report under subsection (2) or, where relevant, of receipt of additional information under subsection (4) . ]

F52 [ (6) An Bord Plean á la, having reached a reasoned conclusion under subsection (5)(c) and being satisfied that the reasoned conclusion remains up-to-date, may, by order, approve a proposed road development, with or without modifications and subject to whatever environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring) it considers appropriate, or may refuse to approve such development. ]

F52 [ (6A) An order under subsection (6) approving a proposed road development shall include

( a ) the reasoned conclusion referred to in subsection (5) ,

( b ) any environmental conditions, including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring, to which the approval is subject, and

( c ) a description of any features of the proposed road development, or any measures envisaged, to avoid, prevent or reduce, or offset significant adverse effects on the environment. ]

F47 [ (6B) An order under subsection (6) refusing to approve a proposed road development shall include the main reasons for the refusal.

(6C) Where An Bord Plean á la makes an order referred to in subsection (6) it shall

( a ) publish in one or more newspapers circulating in the area in which the proposed road development would take place, and in electronic form at the location referred to in subsection (3B) (g) , a notice stating

(i) that An Bord Plean á la has approved or, as the case may be, refused to approve the proposed road development,

(ii) the main reasons and considerations on which the decision to approve or refuse to approve is based, including

(I) information about the public participation process,

(II) a summary of the results of the consultations and the information gathered pursuant to section 50 and this section (in particular, where a copy of the environmental impact assessment report was sent in accordance with subsection (3)(c) , the results of consultations and the information gathered under subsection (3)(d) ), and,

(III) a description of how the results referred to in clause (II) have been incorporated or otherwise addressed,

(iii) where the proposed road development was approved subject to modifications or environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring), particulars of those modifications or conditions,

(iv) that a copy of the order is available for inspection during specified hours, at a specified place, for a specified period of time, and in electronic form at the location referred to in subsection (3B)(g) , and

(v) that practical information regarding the judicial review procedures by which a person may seek to question the validity of a determination by An Bord Plean á la on a proposed road development can be found at the location referred to in subsection (3B)(g) ,

( b ) forward to each of the bodies referred to in subsection (3)(b) a copy of the order under subsection (6) ,

and

( c ) where a copy of the environmental impact assessment report was sent in accordance with subsection (3)(c) , forward to the prescribed authority in Northern Ireland a copy of the order under subsection (6) . ]

(7) ( a) The person conducting—

(i) a public local inquiry under section 49 , or

(ii) a local inquiry in relation to a bridge order under section 47 of the Act of 1946, or

(iii) a public local inquiry in relation to the compulsory acquisition of land,

which relates wholly or partly to a proposed road development in respect of which a road authority has applied for an approval under this section shall be entitled to hear evidence in relation to the likely effects on the environment of such development.

( b) Where an application for approval under this section relates to a proposed road development, and

(i) a scheme submitted to the Minister for approval under section 49 , or

(ii) an application submitted to the Minister for a bridge order under the Act of 1946, or

(iii) a compulsory purchase order submitted to the Minister for confirmation,

relate wholly or partly to the same proposed road development, the Minister shall make a decision on such approval and on the approval of such scheme or the making of such bridge order or the confirmation of such compulsory purchase order at the same time.

(8) ( a) The European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 (S.I. No. 221 of 1988) are hereby revoked.

( b) The European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989) and the Local Government (Planning and Development) Regulations, 1990 (S.I. No. 25 of 1990) shall not apply to proposed road development.

F55 [ (9) F56 [ ] ]

F47 [ (10) In carrying out an environmental impact assessment on a proposed road development under this section, An Bord Plean á la shall, where appropriate, coordinate the assessment with any assessment of the proposed development under Council Directive 92/43/EEC of 21 May 1992 3 or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 4 . ]

Annotations:

Amendments:

F45

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(e), commenced on enactment.

F46

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).

F47

Inserted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 6(a), (b)(i), (ii), (c), (e), (g), (j), (l), subject to interpretation provision in reg. 2(2).

F48

Substituted (31.1.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 51(3), S.I. No. 684 of 2006.

F49

Deleted (31.1.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 51(3), S.I. No. 684 of 2006.

F50

Inserted (31.1.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 51(3), S.I. No. 684 of 2006.

F51

Substituted (11.07.2007) by Roads Act 2007 (34/2007), s. 9, commenced on enactment.

F52

Substituted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 6(b)(iii), (d), (f), (h), (i), subject to interpretation provision in reg. 2(2).

F53

Inserted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 14(a), (c).

F54

Inserted (18.09.1998) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998), reg. 14(2).

F55

Inserted (11.07.2007) by Roads Act 2007 (34/2007), s. 9(1)(d)(ii), commenced on enactment.

F56

Deleted (24.06.2019) by European Union (Roads Act 1993) (Environmental Impact Assessment) (Amendment) Regulations 2019 (S.I. No. 279 of 2019), reg. 6(k), subject to interpretation provision in reg. 2(2).

Modifications (not altering text):

C30

Functions transferred and terms “Department of the Environment, Heritage and Local Government” and “Minister” construed (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011).

2. (1) The administration and business in connection with the exercise, performance or execution of any powers, duties and functions transferred by this Order are transferred to the Department of Tourism, Culture and Sport.

(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Tourism, Culture and Sport.

3. (1) The powers, duties and functions vested in the Minister for the Environment, Heritage and Local Government—

(a) by or under any of the Acts mentioned in Part 1 of the Schedule,

...

are transferred to the Minister for Tourism, Culture and Sport.

(2) References to the Minister for the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any powers, duties and functions transferred by this Order shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism, Culture and Sport.

...

SCHEDULE

Part 1

Enactments, powers, duties and functions by or under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Tourism, Culture and Sport.

...

Section 51 (3)(b) of the Roads Act 1993 (No. 14 of 1993);

...

The Minister for Tourism, Culture and Sport was changed to the Minister for Arts, Heritage and the Gaeltacht (2.06.2011) by Tourism, Culture and Sport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 220 of 2011).

However, see C-note at beginning of Act which shows transfer of functions of Minister under section (and ss. 49 and 50) to An Bord Pleanála (1.01.2001) by Planning and Development Act 2000 (30/2000), ss. 214(1) and 215, other than any powers to make regulations or prescribe any matters. The untransferred regulation-making power was transferred from the Minister for Environment and Local Government to the Minister for Public Enterprise (18.06.2002) by National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 298 of 2002). The Minister for Public Enterprise was renamed Minister for Transport (19.06.2002) by Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 305 of 2002). The Minister for Transport was renamed Minister for Transport, Tourism and Sport (2.04.2011) by Transport (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 141 of 2011).

The power at issue under subs. (3)(b) is a power to receive submissions and not to make regulations. Because the assignment of functions in 2001 was made by an Act which takes precedence over a statutory instrument, it appears that the function under subs. (3) continues to belong to An Bord Pleaná, not the Minister for Arts, Heritage and the Gaeltacht.

C31

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.

C32

Application of section not restricted (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 216, S.I. No. 449 of 2000.

Confirmation of compulsory purchase order where there are no objections.

216. —(1) Where a compulsory purchase order is made in respect of the acquisition of land by a local authority in accordance with any of the enactments referred to in section 214 (1) and—

(a) no objections are received by the Board or the local authority, as the case may be, within the period provided for making objections,

(b) any objection received is subsequently withdrawn at any time before the Board makes its decision, or

(c) the Board is of opinion that any objection received relates exclusively to matters which can be dealt with by a property arbitrator, the Board shall, where appropriate, inform the local authority and the local authority shall, as soon as may be, confirm the order with or without modification, or it may refuse to confirm the order.

(2) Subsection (1) shall not prejudice any requirement to obtain approval for a scheme in accordance with section 49 of the Roads Act, 1993, or proposed road development in accordance with section 51 of the Roads Act, 1993, or for proposed development under section 175 of this Act.

C33

Application of section not extended (26.02.1930) by National Monuments Act 1930 (2/1930), s. 14, commenced on enactment, as inserted (18.07.2004) by National Monuments (Amendment) Act 2004 (22/2004), s. 5, commenced on enactment.

Ministerial direction under section 14A and function of An Bord Pleanála.

14B.— ...

(3) ...

(b) Nothing in this section shall be construed so as to put in question any part of the scheme duly approved under section 49 of the Roads Act 1993, or of the road development duly approved under section 51 of that Act, and to which the directions of the Minister do not relate.

C34

Application of section not extended (26.02.1930) by National Monuments Act 1930 (2/1930), s. 23, commenced on enactment, as inserted (18.07.2004) by National Monuments (Amendment) Act 2004 (22/2004), s. 6, commenced on enactment.

Reports of finding of archaeological objects.

23.— ...

(9) This section shall not apply—

(a) to any person who discovers an archaeological object under and in pursuance of— ...

(v) an approved road development under either or both sections 49 and 51 of the Roads Act 1993,

...

C35

Application of section extended (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 217B, S.I. No. 449 of 2000, as amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 38(4) and (5), 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.

Editorial Notes:

E68

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

E69

Power pursuant to section exercised (17.09.2019) by Roads (Schemes) (Forms) (Amendment) Regulations 2019 (S.I. No. 485 of 2019).

E70

Power pursuant to section exercised (7.03.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008).

E71

Form for the purposes of subs. (3)(a) prescribed (7.03.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 6 and sch. 4.

E72

Form for the purposes of subs. (3)(b) prescribed (7.03.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 7 and sch. 5.

E73

Form for the purposes of subs. (3)(c) prescribed (7.03.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 8 and sch. 6.

E74

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

E75

Previous affecting provision: power pursuant to section exercised (1.01.2001) by Roads Regulations 2000 (S.I. No. 453 of 2000); revoked (28.02.2008) by Roads (Schemes) (Forms) Regulations 2008 (S.I. No. 49 of 2008), reg. 9.

E76

Previous affecting provision: subs. (6)(aa), (ab) inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg 12(2); section substituted as per F-note above.

E77

Previous affecting provision: subs. (6A) inserted (1.05.1999) by European Communities (Environmental Impact Assessment)(Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 14(e); subsection substituted as per F-note above.