C36

Prospective affecting provision: s. 44A inserted by Environment (Miscellaneous Provisions) Act 2026 (5/2026), s. 26, not commenced as of date of revision.

F249[Exemption from EIA Directive for civil emergency or defence.

44A.— (1) Subject to subsection (2), the Minister may by order declare that the requirements of the EIA Directive and paragraphs (b) and (c) of section 40(2A) shall not apply in respect of a waste disposal activity or a waste recovery activity for the purpose of the Agency’s consideration of—

(a) an application for a waste licence to carry on the activity under section 40(1), or

(b) an application by the holder of the licence for a review of a waste licence to carry on the activity under section 46(1)(b).

(2) The Minister may make an order where—

(a) the Minister has consulted with such other Minister of the Government as the first-mentioned Minister considers appropriate,

(b) the Minister is satisfied that the carrying out of the activity is for the sole purpose of—

(i) the defence of the State, or

(ii) responding to a civil emergency,

and

(c) the Minister considers that applying the EIA Directive and paragraphs (b) and (c) of section 40(2A) to the consideration of the application would have an adverse effect on the purpose referred to in subparagraph (i) or (ii) of paragraph (b).

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

(a) cause a copy of the order to be laid before each House of the Oireachtas,

(b) 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

(c) 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.]