51.—F58[(1) A proposed road development shall not be carried out unless An Bord Pleanála has approved it or approved it with modifications.

(2) The road authority concerned or the Authority, as the case may be, shall apply to An Bord Pleanála for the approval referred to in subsection (1) in relation to a proposed road development it proposes and shall submit to An Bord Pleanála the F59[environmental impact assessment report] prepared in respect of the development.]

F60[(2A) An Bord Pleanála shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report.]

(3) Where a road authority F60[or the Authority] has made an application for approval under subsection (2), it shall as soon as may be—

(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice in the prescribed form—

(i) stating that it has made an application to the Minister for the approval of the proposed road development,

(ii) stating that an F59[environmental impact assessment report] in respect of the proposed road development has been prepared,

(iii) indicating the times at which, the period F61[(not being less than 6 weeks)] during which and the place where a copy of the F59[environmental impact assessment report] may be inspected,

(iv) stating that a copy of the F59[environmental impact assessment report] may be purchased on payment of a specified fee not exceeding the reasonable cost of making such copy, F62[…]

(v) stating that submissions may be made in writing to the Minister in relation to the likely effects on the environment of the proposed road development F61[during the period referred to in paragraph (a)(iii)];

F63[(vi) where relevant, stating that the proposed road development is likely to have significant effects on the environment in Northern Ireland, and

(vii) specifying the types of decision F64[An Bord Pleanála] may make, under section 51(6), in relation to the application;]

F60[(aa) send to An Bord Pleanála an electronic version of —

(i) the notice referred to in paragraph (a),

(ii) the environmental impact assessment report in respect of the proposed development, and

(iii) a map of the location of the proposed road development to a scale of not less than 1:1000 in relation to built-up areas and 1:2500 in relation to all other areas, or such other scale as may be agreed with the Minister for Housing, Planning and Local Government in a particular case, and marked so as to identify clearly the land or structure to which the application relates,]

(b) send a copy of the F59[environmental impact assessment report] together with a notice in the prescribed form, stating that the authority has made an application for approval of the proposed road development and that submissions may be made in writing to the Minister F61[within a specified period (which shall be that referred to in paragraph (a)(iii))] in relation to the likely effects on the environment of the proposed road development to each of the following—

(i) the Commissioners of Public Works in Ireland,

(ii) Bord Fáilte Éireann,

(iii) An Taisce — the National Trust for Ireland,

F65[(iv) the Environmental Protection Agency,

(v) any other prescribed body or person;]

(c) send a copy of the F59[environmental impact assessment report] to the prescribed authority in Northern Ireland where the proposed road development is likely to have significant effects on the environment in Northern Ireland or where that authority so requests, together with a notice in the prescribed form, stating that the authority has made an application for approval of the proposed road development and that submissions may be made in writing to the Minister in relation to the likely effects on the environment of the proposed road development.

F66[(d) where the F59[environmental impact assessment report] and a notice has been sent to the prescribed authority in Northern Ireland pursuant to paragraph (c), enter into consultations with that authority regarding the potential effects on the environment of the proposed road development and the measures envisaged to reduce or eliminate such effects.]

F60[(3A) An Bord Pleanála shall make an electronic version of the documents specified in subsection (3) (aa) available to the public on its website (at the location referred to in subsection (3B) (g)).

(3B) An Bord Pleanála shall send to the Minister for Housing, Planning and Local Government each of the following:

(a) the name of the road authority, or as the case may be, the Authority, proposing the road development together with a contact name, email address and phone number for correspondence;

(b) a description of the location of the proposed development;

(c) a description of the proposed development;

(d) notice that An Bord Pleanála is the competent authority to which the application has been made;

(e) a map of the location of the proposed road development to a scale of not less than 1:1000 in relation to built-up areas and 1:2500 in relation to all other areas, or such other scale as may be agreed with the Minister for Housing, Planning and Local Government in a particular case, and marked so as to identify clearly the land or structure to which the application relates;

(f) a searchable electronic version of the notice referred to in subsection (3)(a);

(g) notification of the location where information in electronic form that relates to the application, including any determination under section 50(1A) (d), is available on An Bord Pleanála’s website.]

F65[(4) Where a road authority or the Authority has applied to An Bord Pleanála for an approval in accordance with subsection (2), An Bord Pleanála may require the road authority or the Authority, as the case may be, to furnish it with any additional information specified in Annex IV which is directly relevant to reaching a reasoned conclusion on the significant effects of the development on the environment and a road authority or, as the case may be the Authority shall comply with any such requirement.]

F67[(4A) The Minister shall, where he considers that additional information furnished in accordance with a requirement under subsection (4) contains significant additional data in relation to the effects on the environment of the proposed road development, require the relevant road authority to —

(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place a notice stating that significant additional information in relation to the said effects has been furnished to the Minister, that the additional information will be available, for inspection or for purchase (on payment of a specified fee not exceeding the reasonable cost of making a copy) , at a specified place and at specified times during a specified period, and that submissions or observations in relation to the additional information may be made in writing to the Minister before a specified date, and

(b) send notice of the furnishing to the Minister of significant additional information, and a copy of the additional information, to the bodies and persons and the authority (where appropriate) referred to in subsections (3) (b) and (c) and to indicate to such bodies and persons and the authority (where appropriate) that submissions or observations in relation to the additional information may be made in writing to the Minister before a specified date.]

F60[(4B) Where An Bord Pleanála requires the relevant road authority, or as the case may be the Authority, to publish a notice in accordance with subsection (4A)(a) the relevant road authority, or as the case may be the Authority, shall provide An Bord Pleanála with an electronic version of that notice and An Bord Pleanála shall make the electronic version of the notice and an electronic version of the additional information referred to in subsection (4A) available at the location referred to in subsection (3B)(g).

(4C) Where An Bord Pleanála receives any submissions made in relation to the likely effects on the environment of the proposed road development it shall make them available in electronic form at the location referred to in subsection (3B) (g).]

F65[(5) Before approving a proposed road development An Bord Pleanála shall —

(a) duly take into account—

(i) the environmental impact assessment report submitted under subsection (2),

(ii) any additional information furnished under subsection (4),

(iii) any submissions made in relation to the likely effects on the environment of the proposed road development, and

(iv) where a copy of the environmental impact assessment report was sent in accordance with subsection (3)(c), the results of consultations and the information gathered under subsection (3)(d),

(b) consider the report and any recommendation of the person conducting an inquiry referred to in subsection (7) where evidence is heard at such inquiry in relation to the likely effects on the environment of the proposed road development,

and

(c) taking into account the results of the examination referred to in paragraphs (a) and (b), reach a reasoned conclusion on the significant effects of the proposed road development on the environment.]

F60[(5A) An Bord Pleanála shall make a decision under subsection (6) in relation to a proposed road development within a reasonable period of time following receipt of an environmental impact assessment report under subsection (2) or, where relevant, of receipt of additional information under subsection (4).]

F65[(6) An Bord Pleanála, having reached a reasoned conclusion under subsection (5)(c) and being satisfied that the reasoned conclusion remains up-to-date, may, by order, approve a proposed road development, with or without modifications and subject to whatever environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring) it considers appropriate, or may refuse to approve such development.]

F65[(6A) An order under subsection (6) approving a proposed road development shall include—

(a) the reasoned conclusion referred to in subsection (5),

(b) any environmental conditions, including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring, to which the approval is subject, and

(c) a description of any features of the proposed road development, or any measures envisaged, to avoid, prevent or reduce, or offset significant adverse effects on the environment.]

F60[(6B) An order under subsection (6) refusing to approve a proposed road development shall include the main reasons for the refusal.

(6C) Where An Bord Pleanála makes an order referred to in subsection (6) it shall—

(a) publish in one or more newspapers circulating in the area in which the proposed road development would take place, and in electronic form at the location referred to in subsection (3B) (g), a notice stating—

(i) that An Bord Pleanála has approved or, as the case may be, refused to approve the proposed road development,

(ii) the main reasons and considerations on which the decision to approve or refuse to approve is based, including—

(I) information about the public participation process,

(II) a summary of the results of the consultations and the information gathered pursuant to section 50 and this section (in particular, where a copy of the environmental impact assessment report was sent in accordance with subsection (3)(c), the results of consultations and the information gathered under subsection (3)(d)), and,

(III) a description of how the results referred to in clause (II) have been incorporated or otherwise addressed,

(iii) where the proposed road development was approved subject to modifications or environmental conditions (including conditions regarding monitoring measures, parameters to be monitored and the duration of monitoring), particulars of those modifications or conditions,

(iv) that a copy of the order is available for inspection during specified hours, at a specified place, for a specified period of time, and in electronic form at the location referred to in subsection (3B)(g), and

(v) that practical information regarding the judicial review procedures by which a person may seek to question the validity of a determination by An Bord Pleanála on a proposed road development can be found at the location referred to in subsection (3B)(g),

(b) forward to each of the bodies referred to in subsection (3)(b) a copy of the order under subsection (6),

and

(c) where a copy of the environmental impact assessment report was sent in accordance with subsection (3)(c), forward to the prescribed authority in Northern Ireland a copy of the order under subsection (6).]

(7) (a) The person conducting—

(i) a public local inquiry under section 49, or

(ii) a local inquiry in relation to a bridge order under section 47 of the Act of 1946, or

(iii) a public local inquiry in relation to the compulsory acquisition of land,

which relates wholly or partly to a proposed road development in respect of which a road authority has applied for an approval under this section shall be entitled to hear evidence in relation to the likely effects on the environment of such development.

(b) Where an application for approval under this section relates to a proposed road development, and

(i) a scheme submitted to the Minister for approval under section 49, or

(ii) an application submitted to the Minister for a bridge order under the Act of 1946, or

(iii) a compulsory purchase order submitted to the Minister for confirmation,

relate wholly or partly to the same proposed road development, the Minister shall make a decision on such approval and on the approval of such scheme or the making of such bridge order or the confirmation of such compulsory purchase order at the same time.

(8) (a) The European Communities (Environmental Impact Assessment) (Motorways) Regulations, 1988 (S.I. No. 221 of 1988) are hereby revoked.

(b) The European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989) and the Local Government (Planning and Development) Regulations, 1990 (S.I. No. 25 of 1990) shall not apply to proposed road development.

F68[(9) F69[…]]

F60[(10) In carrying out an environmental impact assessment on a proposed road development under this section, An Bord Pleanála shall, where appropriate, coordinate the assessment with any assessment of the proposed development under Council Directive 92/43/EEC of 21 May 1992³ or Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009⁴.]