C1

Functions transferred and references to Minister for and Department of the Environment, Climate and Communications construed as Minister for and Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media (1.06.2025) by Telecommunications (Transfer of Departmental Administration and Ministerial Functions) Order 2025 (S.I. No. 237 of 2025), arts. 2, 3 and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. See below in E-notes for history of transfers of functions and changes of names of Minister and Department.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Department of the Environment, Climate and Communications contained in any Act or any instrument made under an Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.

3. (1) The functions vested in the Minister for the Environment, Climate and Communications —

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

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

(2) References to the Minister for the Environment, Climate and Communications contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be construed as references to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

Schedule

Part 1

Sections 10 and 12A of the Wireless Telegraphy Act 1926 (No 45 of 1926)

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Note change of name of Minister and Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media to

• Culture, Communications and Sport (2.06.2025) by Tourism, Culture, Arts, Gaeltacht, Sport and Media (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 236 of 2025), in effect as per art. 1(2).

C2

Application of collectively cited Communications Regulation Acts 2002 to 2010 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

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Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

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General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

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SECOND SCHEDULE