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Arterial Drainage Act 1945
F24[Monitoring of effects on environment
7H.—(1) The Minister may, where he or she considers it appropriate, attach conditions in relation to the monitoring of significant adverse effects on the environment, to an order made under section 7E(1)(a).
(2) Where conditions referred to in subsection (1) are attached to an order made under section 7E(1)(a)—
(a) the type of parameters to be monitored in those conditions, and
(b) the duration of the monitoring,
shall be proportionate to the nature, location and size of the drainage scheme concerned and the significance of its effects on the environment.
(3) The Minister shall, in determining whether it is appropriate to attach conditions referred to in subsection (1) to an order made under section 7E(1)(a), consider whether those conditions would duplicate monitoring arrangements under the law of the European Union or the law of the State (other than the law of the State giving effect or further effect to the directive).
(4) The Minister may consider matters other than that referred to in subsection (3) in determining whether it is appropriate to attach conditions referred to in subsection (1) to an order made under section 7E(1)(a).
(5) For the purposes of ensuring—
(a) implementation of the features of an EIA drainage scheme (if any), or measures envisaged (if any), to avoid, prevent, reduce and, where possible, offset the significant adverse effects (if any) of the drainage scheme on the environment, and
(b) compliance with conditions attached to an order made under section 7E(1)(a),
the Minister may request the Commissioners to furnish to him or her, within a specified period, information in relation to its implementation of features or measures referred to in paragraph (a) or compliance with conditions referred to in paragraph (b).
(6) In particular the Minister may request the Commissioners, under subsection (5), to provide information within a specified period on—
(a) the number and location of places within an area at which monitoring is being carried out and the frequency of such monitoring,
(b) the manner in which samples and measurements are taken and analyses are carried out,
(c) the equipment being used for the purposes of taking such samples and measurements, or of carrying out such analyses, or
(d) the results of such monitoring.
(7) The Minister may, having notified the Commissioners of his or her intention to do so, carry out an assessment of the Commissioners’ implementation of features or measures referred to in subsection (5)(a) or compliance with condition referred to in subsection (5)(b) and for that purpose the Minister may, during the course of such assessment, request the Commissioners—
(a) to furnish to the Minister information, records or reports or the results of any monitoring by the Commissioners, or
(b) to afford to the Minister access to any premises occupied by the Commissioners.
(8) The Commissioners shall comply with a request under this section.]
Annotations
Amendments:
F24
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.