Prisons Act 2007

20.

Notice of development.

20.— (1) On receipt of the documents mentioned in section 19(4), the Minister shall give notice of the development to—

(a) the planning authority or authorities for the area where the development is to be situated,

(b) members of the public,

(c) the Minister for the Environment, Heritage and Local Government, and

(d) if the development or any part thereof is adjacent to or on the foreshore, the Minister for Communications, Marine and Natural Resources.

(2) The Minister shall cause a copy of the notice to be laid before each House of the Oireachtas.

(3) Notice of the development shall be given to members of the public by placing—

(a) a notice or notices on the site so that it or they is or are easily visible from the public roadway, and

(b) by placing a notice in at least one daily newspaper and one other newspaper in circulation in the area concerned.

(4) If the development is likely to have significant effects on the environment of another party to the Espoo Convention, the Minister shall give notice of the development to the appropriate authority in that state and proceed in other respects in accordance—

(a) with the Convention, and

(b) if the other state is a member state of the European Union, with Article 7 of the Council Directive as if that Article applied, with the necessary modifications, in relation to the development.

(5) In this section—

“Council Directive” means Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment 1 , as amended by Council Directive 97/11/EC of 3 March 1997 2 ;

“Espoo Convention” means the Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland) on 25 February 1991.

Annotations

Modifications (not altering text):

C8

Functions under subs. (1)(c) transferred (14.09.2020) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020), art. 3(1) and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note alteration of name of Department and title of Minister to Housing, Local Government and Heritage (30.09 2020) by Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408 of 2020), in effect as per art. 1(2).

3. (1) The functions vested in the Minister for Culture, Heritage and the Gaeltacht by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule are transferred to the Minister for Housing, Planning and Local Government.

(2) References to the Minister for Culture, Heritage and the Gaeltacht contained in any Act or instrument made thereunder and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.

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SCHEDULE

Part 2

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Sections 20(1)(c) and 28 of the Prisons Act 2007 (No. 10 of 2007);

Editorial Notes:

E15

Previous affecting provision: functions under subs. (1)(c) transferred (1.05.2011) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 192 of 2011), art. 3(1) and sch. part 1, in effect as per art. 1(2); superseded as per C-note above.