E311

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

F199[88E. (1) The Minister may by order declare that subsections (2) to (9) of section 87 shall not apply to the Agency’s consideration of an application for a licence to carry on an activity under section 83(1), or an application for a review of a licence or a revised licence by a licensee under section 90(1)(b), where the Minister—

(a) has consulted with the Agency, and

(b) is satisfied of the matters referred to in subsection (2).

(2) The matters referred to in subsection (1)(b) are—

(a) that the carrying on of the activity is required due to an accident or an emergency, and applying the requirements of subsections (2) to (9) of section 87 to the consideration of the application would adversely affect the purpose of the activity,

(b) that a grant of permission (within the meaning of the Act of 2000 or the Act of 2024) is made in respect of the development (within the meaning of the Act of 2000 or the Act of 2024, as the case may be) comprising or for the purpose of the activity, or is not necessary, and that—

(i) any proceedings in relation to the grant of permission taken under section 50 of the Act of 2000 or Part 9 of the Act of 2024 have concluded, or

(ii) the period for the bringing of such proceedings referred to in subsections (6) and (7) of section 50 of the Act of 2000 or section 281(1) of the Act of 2024, as the case may be, has expired without such proceedings being brought,

and

(c) that an environmental impact assessment is not necessary for the purposes of the consideration of the application.

(3) Where the Minister makes an order under subsection (1), the Minister shall, as soon as practicable after the making of the order—

(a) publish a notice of the making of the order and the reasons for the making of the order—

(i) on a website maintained by or on behalf of the Minister, and

(ii) in a national newspaper,

and

(b) cause a copy of the notice to be transmitted to the Agency and, as the Minister considers appropriate, to one or both of the following:

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

(ii) the Commission.]