176C.—(1) Where a screening determination for environmental impact assessment is made by a planning authority under section 176B, any person to whom subsection (4) or (5) of that section relates may, within 3 weeks of the issuing of the determination and on payment to the Board of the appropriate fee, refer the determination for review (in this section referred to as a "determination review") by the Board.

(2) Without prejudice to section 176B, where an application was made under section 176A and no screening determination for environmental impact assessment has been issued by a planning authority within the appropriate period of time provided for by section 176B(2), then—

(a) the person who made the application may—

(i) within the period of 3 weeks after the latest date by which that determination was due to be issued under section 176B(2), and

(ii) on payment to the Board of the appropriate fee,

refer the application in question to the Board (which act is in this section referred to as an ‘application referral’) for determination, and

(b) the authority concerned shall repay to the applicant the fee paid to the authority in accordance with section 176A(3).

(3) Where a determination to which subsection (1) relates or an application to which subsection (2) relates is referred to the Board under either of those subsections, the person so referring shall give notice to that effect to the planning authority concerned, and accordingly that authority shall forthwith forward to the Board—

(a) a copy of the application submitted to the authority under paragraph (a) or (b) of section 176A(2) and any determination made, and

(b) any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A), in respect of the application to the planning authority.

(4) The Board shall, where appropriate, carry out screening for appropriate assessment in respect of the proposed development as provided for by section 177U(10) at the same time as making a determination under this section in respect of the development.

(5) Before making a determination under this section, the Board shall—

(a) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001,

(b) take into account—

(i) the information provided pursuant to section 176A(3)(d), and

(ii) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(c) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A) and any screening determination for environmental impact assessment made by the planning authority under section 176B.

(5A) The Board shall include, or refer to, in its determination under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination is based.

(6) Subject to subsection (6A), the Board shall make a determination on the determination review or the application referral—

(a) within 5 weeks of receiving from the planning authority the documents to which subsection (3) relates, or

(b) where the Board requests from the applicant, or any other person that it considers appropriate, further information with regard to the determination review or application referral in order to enable the Board to make a determination and specifies the period within which the information or views concerned are required to be received by the Board, within 4 weeks of the due receipt of the further information.

(6A)(a) Subject to paragraph (b), the Board shall not be required to comply with subsection (6)(a) or (b) within the 5 week period or 4 week period, as the case may be, referred to in that subsection where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(b) Where paragraph (a) applies, the Board shall, by notice in writing served on—

(i) the applicant,

(ii) the planning authority,

(iii) the owner F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,

(iv) the occupier F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and

(v) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),

before the expiration of the period of 5 weeks or 4 weeks referred to in subsection (6)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the Board intends that the determination concerned shall be made.

(7) A determination review or a determination on foot of an application referral under this section shall consist of a determination by the Board—

(a) as to whether a proposed development would be likely to have significant effects on the environment, and

(b) if the development would be likely to have such effects, that an environmental impact assessment is required.

(7A)(a) Paragraph (b) applies where the determination under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, in accordance with section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(b) The Board shall specify such features, if any, and such measures, if any, in its determination under this section.

(8) The Board shall give notice in writing of its determination under this section to—

(a) the planning authority,

(b) the applicant,

(c) any person or body consulted under section 176A(4),

F815[(d) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development, and]

(e) any other person, requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,

by issuing in writing to each of them a notice to that effect and the notice shall include the Board’s reasons for that decision.

(8A) The notice issued under subsection (8) shall be placed with any application for consent for proposed development subsequently made to the planning authority or the Board, as the case may be, or any appeal or referral made to the Board in respect of which an application for a screening for an environmental impact assessment was made under section 176A(2).

(9) On notification by the Board of a determination under this section, the planning authority shall publish the determination either or both—

(a) on its website, and

(b) in a newspaper circulating in the area where the proposed development would be situated,

together with a notice—

(i) indicating the place or places at which the documents relating to the making of the determination are available for inspection and purchase by members of the public and, where applicable, the availability of the said documents for inspection by electronic means,

(ii) stating that a person may question the validity of the determination by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50 and 50A, and

(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.

(10) The Board shall—

(a) keep a record of any determination made by it under this section and the main reasons and considerations on which its determination was based,

(b) from time to time, but at least once in every year, forward to each planning authority a copy of the record referred in paragraph (a), and

(c) make the record available for purchase and inspection during office hours or available on its website, or both,

and, where the record specified in paragraph (a) is made available for purchase and inspection, the Board may charge a specified fee as determined pursuant to section 144(1A)(ha) but such fee shall not exceed the cost of making the copy.

(11)(a) Where the Board makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours at the offices of the Board for at least the minimum period referred to in paragraph (b):

(i) a copy of the application made under section 176A(2), the referral for determination review or the application referral, as the case may be, and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—

(I) the applicant,

(II) the owner F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,

(III) the occupier F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land,

(IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4), and

(V) any other person requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,

(ii) a copy of any report prepared by or for the Board in relation to the determination review or application referral, and

(iii) a copy of the screening determination for environmental impact assessment made under this section by the Board.

(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made by the Board.]