Foreshore Act 1933

13B

F107[Environmental impact assessments, etc., carried out by the Minister for Communications, Energy and Natural Resources

13B.(1) When considering a relevant application in respect of a petroleum activity the appropriate Minister shall consult with the Minister for Communications, Energy and Natural Resources.

(2) Notwithstanding section 13A, the appropriate Minister shall not be required to carry out a screening or assessment, in relation to a relevant application in respect of a petroleum activity where the appropriate Minister

(a) confirms that the authorisation of the Minister for Communications, Energy and Natural Resources records that a screening or assessment has been carried out by that Minister, in respect of the underlying project to which the petroleum activity relates, for the purposes of

(i) Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011),

(ii) section 40B of the Gas Act 1976 (inserted by Regulation 2 of the European Union (Environmental Impact Assessment) (Gas) Regulations 2012 (S.I. No. 403 of 2012),

(iii) section 13B of the Petroleum and Other Minerals Development Act 1960 (No. 7 of 1960) (inserted by the European Union (Environmental Impact Assessment) (Petroleum) Regulations 2012 (S.I. No. 404 of 2012)), or

(iv) Regulation 4 of the European Union (Environmental Impact Assessment) (Petroleum Exploration) Regulations 2013 (S.I. No. 134 of 2013),

or

(b) confirms with the Minister for Communications, Energy and Natural Resources that such screening or assessment will be so carried out by that Minister in respect of the underlying project to which the petroleum activity relates.

(3) Subject to subsection (2), the appropriate Minister shall proceed to carry out a screening or assessment in relation to a relevant application in respect of a petroleum activity in respect of which the Minister for Communications, Energy and Natural Resources has granted a petroleum authorisation if the petroleum activity is altered in a material way prior to the decision of the appropriate Minister in relation to a relevant application in respect of that petroleum activity.

(4) Subsections (1) to (3) do not apply to a relevant application to the appropriate Minister in respect of a petroleum activity where the application was made before 5th December 2014.

(5) In this section

"appropriate assessment" has the meaning given to it by Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011;

"petroleum activity" has the meaning given to it by section 13A(2) (inserted by section 3 of the Petroleum (Exploration and Extraction) Safety Act 2010 (No. 4 of 2010)) of the Electricity Regulation Act 1999 (No. 23 of 1999);

"petroleum authorisation" has the meaning given to it by section 13A(1) (inserted by section 3 of the Petroleum (Exploration and Extraction) Safety Act 2010) of the Electricity Regulation Act 1999;

"screening or assessment" means

(a) a screening for an environmental impact assessment or an environmental impact assessment, or

(b) a screening for an appropriate assessment or an appropriate assessment.]

Annotations

Amendments:

F107

Inserted (5.12.2014) by European Union (Environmental Impact Assessment and Appropriate Assessment) (Foreshore) Regulations 2014 (S.I. No. 544 of 2014), reg. 3, in effect as per reg. 1(2).

Editorial Notes:

E51

The section heading is taken from the amending provision in the absence of one included in the amendment.