176A.—(1) In this section and sections 176B and 176C—

"screening determination for environmental impact assessment" means a determination made as part of a screening for environmental impact assessment;

"screening for environmental impact assessment" means a determination—

(a) as to whether a proposed development would be likely to have significant effects on the environment, and

(b) if the development would be likely to have such effects, that an environmental impact assessment is required.

F805[(1A) A planning authority shall not consider an application under this section in respect of proposed development to which Chapter II of Part XXI applies, unless the applicant—

(a) is the holder of a—

(i) maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

(b) is the owner of land on which it is proposed to carry out the development concerned,

(c) is the lessee, under a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, or

(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]

(2)(a) Subject to section 176B, where a proposed development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 and does not equal or exceed, as the case may be, the relevant quantity, area or other limit standing specified in that Part, an application for a screening for environmental impact assessment in respect of that development may be submitted to the planning authority in whose area the development would be situated.

(b) Subject to section 176B, where a proposed development is of a class standing prescribed under section 176 for the purposes of this paragraph, an application for a screening for environmental impact assessment in respect of that development shall be submitted to the planning authority in whose area the development would be situated.

(3) An application under subsection (2) shall contain—

(a) the name and address of the applicant,

F806[(b) where the applicant is not the owner or occupier of the land that is the subject of the proposed development, the name and address of the owner (if any) and, where the owner is not the occupier of the land, the occupier (if any),]

(c) a location map for the proposed development,

(d) a description of the nature and extent of the proposed development, its characteristics, its likely significant effects on the environment (including the information specified in Schedule 7A to the Planning and Development Regulations 2001) including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account, and

(e) any such other information as may be prescribed by the Minister,

and be accompanied by such fee as may be prescribed under section 246(1)(ca).

(3A) An application under subsection (2) may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(4) For the purposes of enabling a planning authority to carry out a screening for environmental impact assessment on foot of an application under subsection (2), the authority may do either or both—

(a) seek further information that it considers necessary from the applicant or any other person that the authority considers appropriate, and

F807[(b) consult any person—

(i) to whom a planning authority is required to send a notice in accordance with Article 28 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), or

(ii) prescribed by the Minister,

and consider any submissions or observations made by that person,]

and, where paragraph (a) or (b) applies, the authority shall specify the period within which the information or views concerned are required to be received by the authority.

(5) Subject to subsection (5A), where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority concerned shall invite in writing—

(a) the owner F805[(if any)] to make a submission on an application made under subsection (2), and

F806[(b) where the owner is not the occupier of the land, the occupier (if any) of that land to make such a submission,]

and, where paragraph (a) or (b) applies, the authority shall specify the period within which the submission or submissions is or are required to be received by the authority.

(5A) The invitation under subsection (5) shall state that the owner or occupier may provide a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

(6) A planning authority may reject an application under subsection (2) if in the opinion of the authority the application is incomplete in any material detail.

(7) Where a planning authority rejects an application in accordance with subsection (6), it shall—

(a) subject to subsection (8), return the documents to which subsection (3) relates to the applicant, F808[…] and

(b) give reasons for its decision to the applicant,

and, where the applicant is not the owner or occupier of the land the subject of the proposed development, F806[the planning authority shall also notify the owner (if any) or, where the owner is not the occupier of the land, the occupier (if any) of its decision under subsection (6)].

(8) Subsection (7) is without prejudice to the planning authority—

(a) making a copy of a document,

(b) retaining an electronic copy of a document, or

(c) by agreement with the applicant concerned, retaining a document,

to which that subsection relates.]