C63

Prospective affecting provision: s. 88D inserted by Environment (Miscellaneous Provisions) Act 2026 (5/2026), s. 15, not commenced as of date of revision.

F198[88D.— (1) Before a person makes an application for a licence under section 83(1) or for a review of a licence or revised licence under section 90(1)(b), the person may request the Agency to grant an exemption in respect of an activity the subject of the proposed application from the requirements of the EIA Directive and paragraphs (b) to (bi) and (c) of section 83(2A), and the Agency may grant the exemption or refuse to grant the exemption for the purposes of its consideration of the application concerned.

(2) Before making a decision in relation to a request under subsection (1), the Agency shall—

(a) invite each planning authority in whose functional area the activity is proposed to be carried out to make observations to the Agency in relation to the request within such period as the Agency may specify,

(b) consider whether any Member State or Transboundary Convention state should be informed about the application and, if the Agency considers that it should, invite that Member State or state to make observations to the Agency in relation to the request within such period as the Agency may specify, and

(c) consider the observations (if any) made in accordance with an invitation under paragraph (a) or (b).

(3) The Agency may, by notice to the person who made the request under subsection (1), request the person to provide to the Agency such further information in relation to the first-mentioned request as may be specified in the notice, and the person shall endeavour to provide such information within such period as the Agency may specify in the notice.

(4) The Agency shall not grant the exemption unless it is satisfied that—

(a) exceptional circumstances warrant the grant of the exemption,

(b) applying the requirements of the EIA Directive and paragraphs (b) to (bi) and (c) of section 83(2A) to the consideration of the application would adversely affect the purpose of the activity, and

(c) the objectives of the EIA Directive will be achieved by other means.

(5) Where a Member State or Transboundary Convention state is informed in accordance with subsection (2)(b), the Agency shall not grant an exemption where that Member State or state informs the Agency that—

(a) it does not consider that the request for an exemption should be granted, or

(b) it wishes to be given an opportunity to make observations on the likely significant effects of the activity on the environment.

(6) Where the Agency grants the exemption, it shall—

(a) specify requirements in relation to the assessment of the effects (if any) of the activity on the environment by the means referred to in subsection (4)(c),

(b) publish a notice of the exemption, any requirements referred to in paragraph (a), and the reasons for the exemption—

(i) on a website maintained by it or on its behalf, and

(ii) in a national newspaper,

and

(c) send a copy of the notice published in accordance with paragraph (b) to—

(i) each planning authority in whose functional area the activity is proposed to be carried out,

(ii) each Member State or Transboundary Convention state that the Agency invited to make observations in accordance with subsection (2)(b), and

(iii) the European Commission.

(7) The Agency shall comply with requirements specified under subsection (6)(a) in determining the application.

(8) A person shall not apply for a licence for the activity under section 83(1), or for a review of a licence or revised licence for the activity under section 90(1)(b), while the request under subsection (1) in respect of the activity is being considered by the Agency and such an application shall not be considered by the Agency until the Agency has made a decision in relation to the request.

(9) The Agency shall, where an exemption is granted and before the making of a decision in relation to the application to which the request under subsection (1) refers—

(a) inform the European Commission in writing of the reasons justifying the exemption, and

(b) provide the European Commission with the information that was made available to the public in relation to the application concerned, including the information obtained from the assessment of the effects (if any) of the activity on the environment by the means referred to in subsection (4)(c).

(10) An assessment referred to in subsection (6)(a) shall be co-ordinated with any appropriate assessment of the activity that is carried out under Part 5 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011).

(11) The Minister may by regulations specify—

(a) the form and manner in which the request under subsection (1) shall be made, and

(b) the information which shall accompany the request under subsection (1).]