Arterial Drainage Act 1945

7F

F22[Publication of decision on EIA drainage scheme

7F.(1) Where the Minister has made his or her decision under section 7E(1) in relation to an EIA drainage scheme, he or she shall—

(a) publish on a website maintained by him or her, and

(b) send to the consultation bodies,

the information referred to in subsection (2).

(2) The information to be published and sent under subsection (1) shall be the following:

(a) the decision of the Minister in relation to the EIA drainage scheme concerned;

(b) where the decision is to confirm the EIA drainage scheme, the conditions, if any, included in the order made under section 7E(1);

(c) the main reasons and considerations on which the decision was based, including information about the public participation process.

(3) The information referred to in subsection (2)(c) shall include a summary of the following in relation to the EIA drainage scheme concerned:

(a) the results of the consultations carried out in accordance with sections 7C and 7D;

(b) the environmental impact assessment report;

(c) the submissions if any, made by members of the public and consultation bodies under section 7C(5) and (6);

(d) the observations sent and submissions made, if any, pursuant to section 7D;

(e) how the submissions and observations (and in particular the observations, if any, sent by an affected Member State under section 7D) referred to in paragraphs (c) and (d) have been incorporated or otherwise addressed.

(4) The Minister shall send to a Member State consulted in accordance with section 7D a copy of the information published in accordance with subsection (1)(a).

(5) Where the Minister receives information from a Member State pursuant to the law of that Member State giving effect to Article 9(2) of the directive, the Minister shall publish that information on a website maintained by him or her.

(6) A notice published in accordance with subsection (1)(a) shall—

(a) inform the public that a person may question the validity of the decision concerned by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), and

(b) identify where practical information on the judicial review mechanism may be found.]

Annotations

Amendments:

F22

Inserted (21.09.2019) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019), reg. 3(g), subject to transitional provisions in reg. 4.