Planning and Development Act 2000

F990[Approval of certain State development requiring environmental impact assessment.

181A

181A.—(1) F991[Subject to section 181B(4) and (4A)], where a State authority proposes to carry out or have carried out development—

(a) of a class specified in regulations made under section 181(1)(a), and

F991[(b) identified as likely to have significant effects on the environment in accordance with section 176 or, in respect of such development not directly connected with or necessary to the management of a European site, likely to have a significant effect either individually or in combination with other plans or projects on a European site in accordance with section 177U,]

(hereafter referred to in this section and sections 181B and 181C as "proposed development"), the authority shall prepare, or cause to be prepared, an application for approval of the development under section 181B and an F992[F993[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] in respect of the development and shall apply to the Board for such approval accordingly.

(2) F991[Subject to section 181B(4) and (4A)], the proposed development shall not be carried out unless the Board has approved it with or without modifications.

(3) Before a State authority makes an application for approval under subsection (1), it shall—

(a) publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—

(i) stating that—

(I) it proposes to seek the approval of the Board for the proposed development,

(II) an F992[F994[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] has been prepared in respect of the proposed development,

(III) where relevant, the proposed development is likely to have significant effects on the environment in another Member State of the European Communities or other party to the Transboundary Convention,

(ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the application and the F992[F995[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),

(iii) inviting the making, during such period, of submissions and observations to the Board relating to—

(I) the implications of the proposed development for proper planning and sustainable development in the area or areas concerned, and

(II) the likely F992[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development,

if carried out, and

(iv) specifying the types of decision the Board may make, under section 181B, in relation to the application,

F996[(v) stating that a person may question the validity of a decision of 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) and

(vi) stating where practical information on the review mechanism can be found.]

(b) send a copy of the application and the F992[F997[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] to the local authority or each local authority in whose functional area the proposed development would be situate and to any prescribed bodies, together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—

(i) the implications of the proposed development for proper planning and sustainable development in the area concerned, and

(ii) the likely F992[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development,

if carried out, and

(c) where the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or a state which is a party to the Transboundary Convention, send a prescribed number of copies of the application and the F998[environmental impact assessment report] to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board.

(4) The Board may—

(a) if it considers it necessary to do so, require a State authority that has applied for approval for a proposed development to furnish to the Board such further information in relation to the effects on proper planning and sustainable development or the environment of the proposed development as the Board may specify, or

(b) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the State authority that it is of that view and invite the State authority to make to the terms of the proposed development alterations specified in the notification and, if the State authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a F992[F999[revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] in respect of it.

(5) If a State authority makes the alterations to the terms of the proposed development specified in a notification given to it under subsection (4), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section and section 181B.

(6) The Board shall—

(a) where it considers that any further information received pursuant to a requirement made under subsection (4)(a) contains significant additional data relating to—

(i) the likely F992[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development, and

(ii) the likely consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said development of such development,

(b) where the State authority has made the alterations to the terms of the proposed development specified in a notification given to it under subsection (4)(b),

require the State authority to do the things referred to in subsection (7).

(7) The things which a State authority shall be required to do as aforesaid are—

(a) to publish in one or more newspapers circulating in the area or areas in which the proposed development would be situate a notice stating that, as appropriate—

(i) further information in relation to the proposed development has been furnished to the Board, or

(ii) the State authority has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a F992[F1000[revised environmental impact assessment report or revised Natura impact statement or both that report and that statement], as the case may be,] in respect of the development has been furnished to the Board,

indicating the times at which, the period F1001[(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)] during which and the place, or places, where a copy of the F1002[information or the environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be, referred to in subparagraph (i) or (ii) may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy) and that submissions or observations in relation to F1003[that information, report or statement] may be made to the Board before the expiration of the indicated period, and

(b) to send to each prescribed authority to which a notice was given pursuant to subsection (3)(b) or (c)—

(i) a notice of the furnishing to the Board of, as appropriate, the further information referred to in paragraph (a)(i) or the F1004[information, report or statement] referred to in paragraph (a)(ii), and

(ii) a copy of that further information, F1005[information, report or statement],

and to indicate to the authority that submissions or observations F1006[in relation to that further information, information, report or statement] may be made to the Board before the expiration of a period F1007[(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)] beginning on the day on which the notice is sent to the prescribed authority by the State authority. ]

F1008[(8) The period referred to in subsection (7)(a) or (b) shall, in a case relating to a revised environmental impact assessment report, not be less than—

(a) 30 days where the report has been furnished to the Board, and

(b) 3 weeks where the report has not been furnished to the Board.]

Annotations

Amendments:

F990

Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 36, S.I. No. 684 of 2006.

F991

Substituted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 5(a)(i), (ii), (b).

F992

Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 37, S.I. No. 474 of 2011.

F993

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. 87, in effect as per reg. 2(1).

F994

F995

F996

Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 10(d).

F997

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36, sch. 1 table item 90, in effect as per reg. 2(1).

F998

F999

F1000

F1001

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 28(a)(i), in effect as per reg. 2(1).

F1002

F1003

F1004

F1005

F1006

F1007

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 28(a)(ii), in effect as per reg. 2(1).

F1008

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 28(b), in effect as per reg. 2(1).

Modifications (not altering text):

C124

"Proposed development" construed (23.06.2022) by European Union (Planning and Development) (Displaced Persons From Ukraine Temporary Protection) Regulations 2022 (S.I. No. 306 of 2022), reg. 3(2) and sch.

3. (1) The Act of 2000 (other than sections 181A to 181C) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period for the purposes of providing temporary protection to displaced persons.

(2) A reference to “proposed development” in sections 181A to 181C of the Act of 2000 shall include a reference to development of a class specified in the Schedule to which section 181A(1) of the Act of 2000 would apply if it was development of a class specified in regulations made under section 181(1)(a) of the Act of 2000.

SCHEDULE

Article 3

1. Reception and integration facilities.

2. Residential accommodation, including ancillary recreational and sporting facilities.

3. Medical and other health and social care accommodation.

4. Education and childcare facilities, including ancillary recreational and sporting facilities.

5. Emergency management coordination facilities.

6. Structures or facilities ancillary to development referred to in paragraphs 1 to 5, including administration and storage facilities.

7. Infrastructure and other works ancillary to development referred to in paragraphs 1 to 6.

C125

Application of Act restricted (27.03.2020 for relevant period) by Planning and Development Act 2000 (Section 181) Regulations 2020 (S.I. No. 93 of 2020).

2. In these Regulations “relevant period” means the period commencing on the making of these Regulations and ending on the day on which Part 3 of the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020 (No. 1 of 2020) ceases to have effect by virtue of subsection (3) of section 2 of that Act.

3. The Planning and Development Act 2000 (other than section 181) shall not apply to the classes of development specified in the Schedule carried out by, or on behalf of, a State authority during the relevant period.

SCHEDULE

Classes of development to which Planning and Development Act 2000 (other than section 181) shall not apply

acute and other health and social care accommodation

self-isolation or other Covid-19 related short stay accommodation

Covid-19 and other step down accommodation

medical testing centre or laboratory

emergency management coordination facilities

mortuary facilities

ancillary and other accommodation including storage facilities

ancillary infrastructure and other works to support the above development

C126

Application of Act extended (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 20(2), S.I. No. 403 of 2019.

Noise insulation scheme

20. ...

(2) Subject to subsection (3), on and after the relevant day, a scheme shall be deemed to be a noise mitigation measure introduced by the competent authority and the provisions of this Act and the Act of 2000 shall, with all necessary modifications, apply to the scheme accordingly.

(3) On and after the relevant day, the competent authority shall ensure that the scheme applies to all homes located within the relevant noise contours.

C127

Certain functions transferred to Cork City Council as a result of the Cork City and Council areas boundary alteration (31.01.2019) by Local Government Act 2019 (1/2019), s. 31, S.I. No. 20 of 2019.

Planning applications and development contribution schemes

31. (1) For the purposes of the Act of 2000 or any instrument under that Act and subject to subsection (2), the county council shall, after the transfer day, be the planning authority in relation to any planning application made before the transfer day in respect of development or proposed development in the relevant area.

(2) (a) Subject to paragraph (b), the functions of a planning authority under the Act of 2000 shall, as respects—

(i) a decision under section 34 of that Act, or

(ii) a determination under section 37 of that Act,

made before the transfer day in relation to development or proposed development in the relevant area, be performable from that day by the city council.

(3) Any contribution—

(a) paid before the transfer day in accordance with section 49 of the Act of 2000 for the purpose of any public infrastructure service or project in the relevant area, and

(b) vested in the city council under Part 2,

shall be expended by the city council for that purpose.

(4) Any development contribution scheme under section 48 of the Act of 2000 or supplementary development contribution scheme under section 49 of that Act made by the city council shall, from the transfer day, apply to the relevant area as it applies to the rest of the functional area of the city council.

...

C128

Application of collectively cited Planning and Development Acts 2000 to 2016 restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 4(1), S.I. No. 270 of 2017.

Strategic housing developments and planning applications

4. (1) Subject to subsection (4), during the specified period and notwithstanding anything to the contrary contained in any other provision of the Planning and Development Acts 2000 to 2016—

(a) an application for permission for a strategic housing development shall—

(i) be made to the Board under this section and not to a planning authority, other than an application for permission, the purpose of which is as set out in section 34(3A) of the Act of 2000,

(ii) be so made only where section 6(7)(b) applies or, in the case that a request is made under section 7(1), when the Board has complied with the request pursuant to section 7(2),

(iii) be so made only where the applicant for permission has fulfilled the requirements set out in section 8,

(iv) be in such form and contain such information as is prescribed, and

(v) be accompanied by the appropriate fee,

and

(b) a copy of the application, shall be sent by the applicant to the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated.

...

C129

Certain functions of Board restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 11(3), S.I. No. 270 of 2017.

Strategic Housing Division

11. ...

(3) The Strategic Housing Division shall, subject to subsections (8), (9) and (10), determine any matter falling to be determined by the Board under the Planning and Development Acts 2000 to 2016 in relation to strategic housing development other than development to which section 4 (4) relates.

...

C130

Act applied with modifications (8.02.2016) by Dublin Transport Authority Act 2008 (15/2008), s. 44(6)(iii), as substituted by Public Transport Act 2016 (3/2016), s. 1(b)(iii), commenced on enactment.

Functions of Authority in relation to public transport infrastructure

44. —...

[(6) Where —

(a) a decision is made by the Authority under subsection (2)(b) or (5)(a) for the performance of a particular function otherwise than through a public transport authority or statutory body, or

(b) the Authority is performing its function of securing the provision of public transport infrastructure in accordance with subsection (2)(e),

the following provisions have effect —

(i) the Authority shall be empowered (notwithstanding any other enactment) to perform the function, including the acquisition of land for that purpose, and to do any other thing which arises out of or is consequential on or is necessary for the purposes of or would facilitate the performance of the function,

(ii) for the purpose of paragraph (a) or (b), land may be acquired by agreement or by means of a compulsory purchase order made by the Authority in accordance with Part XIV of the Act of 2000,

(iii) the provisions of any enactment concerned apply in relation to the performance of the function subject to such modifications as may be necessary and as if the Authority was named in such enactment in each place where a public transport authority or other statutory body entitled to exercise the function is named, and

...]

C131

Functions to be performed by municipal district members and local authorities prescribed (1.06.2014) by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A parts 1-3, as inserted by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.

SCHEDULE 14A

Section 131 and 131A

PART 1

Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District Members

Reference No. (1)	Description of reserved function (2)	Provision under which reserved function is conferred (3)
...	...	...
30	Making, or refusing to make, or revocation or amendment of, a tree preservation order.	Section 205 of the Act of 2000.
...	...	...

PART 2

Reserved Functions that May be Performed under Section 131A(1) (b) in Respect of a Municipal District by Municipal District Members or the Local Authority

Reference No. (1)	Description of reserved function (2)	Provision under which reserved function is conferred (3)
...	...	...
11	Approving a proposal of the chief executive to grant permission for the development of land which would contravene materially the development plan or local area plan.	Section 34 (as amended by Schedule 2 to the Local Government Reform Act 2014) of the Act of 2000.
12	A decision in relation to the making, amendment or revocation of a local area plan within the meaning of the Act of 2000.	Section 20 (as amended by section 9 of the Planning and Development (Amendment) Act 2002 and section 13 of the Planning and Development (Amendment) Act 2010 ) of the Act of 2000.
13	The making of an addition to, or a deletion from, a record of protected structures to which Part IV of the Act of 2000 relates.	Section 54 of the Act of 2000.
14	Approving, amending or revoking a special planning control scheme.	Section 85 and 86 of the Act of 2000.
15	Deciding to vary or modify a proposed local authority own development, or deciding not to proceed with the development.	Section 179 of the Act of 2000.
16	Making, or refusing to make an order creating a public right of way over any land.	Section 207 of the Act of 2000.
17	Deciding to vary or modify, or not to proceed with, an event proposed to be carried out by a local authority.	Section 238 of the Act of 2000.
...	...	...

PART 3

Reserved Functions to be Performed by the Local Authority

Reference No. (1)	Description of reserved function (2)	Provision under which reserved function is conferred (3)
...	...	...
32	Making an order to declare an area to be an area of special amenity.	Section 202 of the Act of 2000.
33	Making, or refusing to make, or revocation or amendment of, an order designating any area or place as a landscape conservation area.	Section 204 of the Act of 2000.
...	...	...
52	The making and amending of a scheme which determines the order of priority for allocation of affordable houses provided under Part V of the Planning and Development Act 2000 .	Section 98 of the Act of 2000.
...	...	...
69	The making of a development plan and making or refusing to make a variation of a development plan which for the time being is in force.	Sections 9, 12 and 13 of the Act of 2000.
70	The revocation or modification of a permission to develop land if the development to which the permission relates no longer conforms with the provisions of the development plan.	Section 44 of the Act of 2000.
71	Making a development contribution scheme.	Section 48 of the Act of 2000.
72	Making or amending a supplementary development contribution scheme.	Section 49 of the Act of 2000.
73	Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones.	Section 169 (as amended by section 51 of the Planning and Development (Amendment) Act 2010 ) of the Act of 2000.
74	Amending or revoking a planning scheme for strategic development zones.	Section 171 of the Act of 2000.
75	Adoption by a planning authority of a code of conduct for dealing with conflicts of interest and promoting public confidence in the integrity of the conduct of its business.	Section 150 of the Act of 2000.
76	Making or terminating of an agreement by two or more planning authorities for sharing the cost of performing functions under the Planning and Development Act 2000 .	Section 244 of the Act of 2000.
...	...	...

C132

References to a “sanitary authority” construed as “Irish Water” (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), ss. 6, 7(4), S.I. No. 575 of 2013.

Transfer day

6.— The Minister shall, by order, appoint a day to be the transfer day for the purposes of this Act.

Transfer of functions from water service authorities to Irish Water

7.— ...

(4) References to a sanitary authority in any enactment or instrument under any enactment shall, on and after the transfer day, in so far as they relate to any function transferred by subsection (3), be construed as references to Irish Water.

...

C133

References to “county council”, “city council”, “town council” and “regional assemblies” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 9(2), 25(2) and 62(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.— ...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

...

Dissolution of town councils — consequential provisions

25.— ...

(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.

...

Regional assemblies

62.— ...

(2) The bodies established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 (S.I. No. 226 of 1999) which are subsisting at the commencement of this section shall upon such commencement continue in being until dissolved or replaced under a provision of an establishment order and be known or continue to be known, as the case may be, as regional assemblies and accordingly—

(a) subject to paragraph (b) that order shall continue to apply to each of them as it applied before such commencement and that order may be amended or revoked under this section,

(b) references in any enactment to regional authorities within the meaning of section 43 (as amended by this Act) of the Local Government Act 1991 shall, where the context admits, be read as references to regional assemblies,

...

C134

Application of Act extended (29.03.2013) by Water Services Act 2013 (6/2013), s. 21(2), S.I. No. 108 of 2013.

Installation of pipes.

21.— ...

(2) For the avoidance of doubt, the provisions of the Planning and Development Act 2000 shall apply to a metering authority as, by virtue of subsection (12) of section 41 of the Act of 2007, they apply to a water services authority.

C135

Provision made as to costs of proceedings under Act (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 6, 7, S.I. No. 433 of 2011, art. 2(a).

Costs of proceedings to be borne by each party in certain circumstances.

3.— (1) Notwithstanding anything contained in any other enactment or in— ...

and subject to subsections (2), (3) and (4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.

(2) The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that he or she succeeds in obtaining relief and any of those costs shall be borne by the respondent, or as the case may be, defendant or any notice party, to the extent that the acts or omissions of the respondent, or as the case may be, defendant or any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining relief.

(3) A court may award costs against a party in proceedings to which this section applies if the court considers it appropriate to do so—

(a) where the court considers that a claim or counter-claim by the party is frivolous or vexatious,

(b) by reason of the manner in which the party has conducted the proceedings, or

(4) Subsection (1) does not affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.

(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section applies, a reference to the District Court, the Circuit Court, the High Court or the Supreme Court, as may be appropriate.

C136

Application of Act restricted (24.12.2006) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 22(4), (5) and (6), commenced on enactment.

Certain development approvals under Part XI of Planning and Development Act 2000.

22.— ...

(4) Nothing in section 182C or any other provision of the Act of 2000 shall be read as meaning that, notwithstanding the permission granted under section 34 of the Act of 2000 in respect of that terminal before such commencement, a permission—

(a) under section 34 or 37G of the Act of 2000, and

(b) granted after the commencement of the amendments of that Act made by the Act of 2006,

is required, either in circumstances generally or in the circumstances referred to in subsection (5), in respect of the terminal referred to in subsection (6).

(5) The circumstances mentioned in subsection (4) are that an application is made under section 182C in relation to a development which, if it is carried out, will consist of the alteration or modification of the terms of the strategic gas infrastructure development referred to in subsection (6) other than the terms of that development that comprise the terminal referred to in that subsection.

(6) The terminal mentioned in subsections (4) and (5) is a terminal comprised in a strategic gas infrastructure development (within the meaning of the Act of 2000) the pipeline comprised in which development has been the subject of a consent referred to in subsection (3)(iii)(I).

C137

Application of Act restricted by Environmental Protection Agency Act 1992 (7/1992), s. 99F(1) as substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 15, S.I. No. 393 of 2004.

[Application of other Acts.

99F.—(1) Notwithstanding section 34 of the Act of 2000, or any other provision of that Act, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 of that Act in respect of any development comprising or for the purposes of the activity, subject the permission to conditions which are for the purposes of—

(a) controlling emissions from the operation of the activity, including the prevention, elimination, limitation, abatement, or reduction of those emissions, or

(b) controlling emissions related to or following the cessation of the operation of the activity.

...]

C138

Powers and functions in relation to Act transferred (10.07.2002) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 356 of 2002), arts. 3, 4(1) and sch. part 1.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Environment and Local Government.

(2) References to the Department of Community, Rural and Gaeltacht Affairs contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Environment and Local Government.

4. (1) The functions vested in the Minister for Community, Rural and Gaeltacht Affairs —

(a) by or under any of the instruments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b) under the Regulations mentioned in Part 2 of that Schedule, and ...

are transferred to the Minister for the Environment and Local Government.

...

Schedule Part 1

Enactments and provisions of enactments, functions under which are transferred from the Minister for Community, Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government

...

Planning and Development Act 2000 (No. 30 of 2000) (in so far as it relates to or refers to the Minister for Community, Rural and Gaeltacht Affairs (except section 33 (3)(c)))

...

Part 2

Regulations, functions under which are transferred from the Minister for Community, Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government

Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) (in so far as they relate to or refer to the Minister for Community, Rural and Gaeltacht Affairs (except Article 28 (1)(n) Article 82 (3)(m), Article 121 (1)(m) and Article 179 (2)(p)))

...

C139

Application of Act restricted (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55/2001), s. 39(4), commenced on enactment, as substituted (1.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 49(b), S.I. No. 684 of 2006.

[Environmental impact statement.

39.— ...

(4) The European Communities (Environmental Impact Assessment) Regulations 1989 to 2005 and the Act of 2000 and any regulation made thereunder in relation to environmental impact assessment shall not apply to anything done under an order made under this Act.]

Editorial Notes:

E431

Power pursuant to section exercised (1.01.2014) by Planning and Development (Amendment) (No. 2) Regulations 2013 (S.I. No. 520 of 2013).

E432

Previous affecting provision: subs. (1)(b) amended (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 37, S.I. No. 474 of 2011; para. (b) substituted (20.12.2022) as per F-note above.

E433

Previous affecting provision: substitutions made by Planning and Development (Amendment) Act 2010 (30/2010), s. 60, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.

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