Planning and Development Act 2000

F857[Remedial environmental impact statement.

177F

177F. (1) A F858[remedial environmental impact assessment report] shall contain the following:

(a) a statement of the significant effects, if any, on the environment, which have occurred or which are occurring or which can reasonably be expected to occur because the development the subject of the application for substitute consent was carried out;

(b) details of

(i) any appropriate remedial measures undertaken or proposed to be undertaken by the applicant for substitute consent to remedy any significant adverse effects on the environment;

(ii) the period of time within which any proposed remedial measures shall be carried out by or on behalf of the applicant;

(c) such information as may be prescribed under section 177N.

F859[(1A) The remedial environmental impact assessment report shall be prepared by experts with the competence to ensure its completeness and quality.]

(2) F860[(a)(i) Subparagraph (ii) applies where, before an applicant makes an application for substitute consent, he or she requests the Board to give to him or her an opinion in writing prepared by the Board on the scope and level of detail of the information required to be contained in the remedial environmental impact assessment report in relation to the development the subject of the application.

(ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the applicant, in particular on the specific characteristics of the development, including its location and technical capacity, and its impact and likely impact on the environment, as soon as may be give an opinion in writing on the scope and level of detail of the information to be included in the remedial environmental impact assessment report.

(iii) The Board shall give the opinion in writing before the submission by the applicant of the remedial environmental impact assessment report.]

F861[(aa) Where an opinion referred to in paragraph (a) has been provided, the remedial environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the development, taking into account current knowledge and methods of assessment.]

(b) An applicant shall, in connection with a request under paragraph (a), forward to the Board sufficient information in relation to the development the subject of the application for substitute consent to enable the Board to comply with that request, and shall forward any additional information requested by the Board.

(c) The provision of an opinion under this subsection shall not prejudice the performance by the Board of any of its functions under this Act or regulations under this Act and cannot be relied upon in the application for substitute consent or in any legal proceedings.]

Annotations

Amendments:

F857

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.

F858

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 78, in effect as per reg. 2(1).

F859

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 25(a), in effect as per reg. 2(1).

F860

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 25(b), in effect as per reg. 2(1).

F861

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 25(b), in effect as per reg. 2(1).

F862

Substituted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 28(a)(i), (ii)(I), (II), (iii), (b), not commenced as of date of revision.

F863

Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 28(a)(ii)(III), not commenced as of date of revision.

Modifications (not altering text):

C147

Prospective affecting provision: subs. (2)(a)(i) substituted, (ii), (iii) amended, subs. (2)(b) amended by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 28(a), (b), not commenced as of date of revision.

F862[(i) A person may request the Board to give him or her an opinion referred to in subparagraph (ii) in relation to a development—

(I) before he or she makes an application for substitute consent in respect of the development, or

(II) after he or she has made such an application, where required by the Board under section 177K(2CA) to submit a remedial environmental impact assessment report.]

(ii) Subject to subparagraph (iii), F862[the Board shall, when requested to do so by the person referred to in subparagraph (i),] taking into account the information provided by F862[the person], in particular on the specific characteristics of the development, including its location and technical capacity, and its impact and likely impact on the environment, as soon as may be give an opinion in writing on the scope and level of detail of the information to be included in the remedial environmental impact assessment report F863[in relation to the development].

(iii) The Board shall give the opinion in writing before the submission by F862[the person referred to in subparagraph (i)] of the remedial environmental impact assessment report.

...

(b) F862[The person referred to in paragraph (a)(i)] shall, in connection with a request under paragraph (a), forward to the Board sufficient information in relation to the development the subject of the application for substitute consent to enable the Board to comply with that request, and shall forward any additional information requested by the Board.

C148

Transitional arrangements provided (21.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(1)(c), in effect as per reg. 2(1).

Transitional arrangements

3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases: ...

(c) a request has been made, before 16 May 2017, under section 177F(2) of the Act of 2000, as so in force, for an opinion prepared by the Board on the information required to be contained in a remedial environmental impact statement relating to such development;

...

(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.

(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.

(4) In this Regulation—

“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);

“Regulations of 2001” means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).