Planning and Development Act 2000

F912[ Application for approval of strategic gas infrastructure development.

182C

182C. (1) Where a person (hereafter referred to in this section as the undertaker) intends to carry out a strategic gas infrastructure development (hereafter referred to in this section and section 182D as proposed development) F913[, and where the Board determines following consultations under section 182E that the development comes within paragraph (a), (b) or (c) of section 37A(2),] the undertaker shall prepare, or cause to be prepared

(a) an application for approval of the development under section 182D, and

(b) an F914[F915[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, indicating in the application whether the application relates to a strategic upstream gas pipeline or a strategic downstream gas pipeline.

(2) An application under subsection (1) for approval of a proposed development shall, if it will consist of or include a pipeline, be accompanied by a certificate in relation to the pipeline provided under section 26 of the Gas Act 1976, as amended, or section 20 of the Gas (Amendment) Act 2000 by

(a) in the case of a strategic upstream gas pipeline, the Minister for Communications, Marine and Natural Resources, or

(b) in the case of a strategic downstream gas pipeline, the Commission.

(3) The proposed development shall not be carried out unless the Board has approved it with or without modifications.

(4) Before an undertaker 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 F914[F916[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, and

(III) where relevant, the proposed development is likely to have significant effects on the environment of a 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 F914[F917[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 F914[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 182D, in relation to the application,

F918[(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.]

F919[]

F920[(aa) comply with section 172B,]

(b) send a copy of the application and the F914[F921[environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] to

(i) the local authority or each local authority in whose functional area the proposed development would be situate,

(ii) any prescribed bodies,

(iii) where the proposed development comprises or is for the purposes of a strategic downstream gas pipeline, the Commission, and

(iv) 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, the prescribed body 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 in relation to

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

(II) the likely effects on the environment of the proposed development,

if carried out.

(5) The Board may

(a) if it considers it necessary to do so, require an undertaker that has applied for approval for a proposed development to furnish to the Board such further information in relation to

(i) the F914[effects on the environment or adverse effects on the integrity of a European site, as the case may be,] of the proposed development, or

(ii) the 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,

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 undertaker that it is of that view and invite the undertaker to make to the terms of the proposed development alterations specified in the notification and, if the undertaker 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 revised F914[F922[revised environmental impact assessment report or Natura impact statement or both that report and that statement], as the case may be,] in respect of it.

(6) If an undertaker makes the alterations to the terms of the proposed development specified in a notification given to it under subsection (5), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section and section 182D.

(7) The Board shall

(a) where it considers that any further information received pursuant to a requirement made under subsection (5)(a) contains significant additional data relating to

(i) the likely F914[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,

or

(b) where the undertaker has made the alterations to the terms of the proposed development specified in a notification given to it under subsection (5)(b),

require the undertaker to do the things referred to in subsection (8).

(8) The things which an undertaker 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 undertaker 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 F914[a F923[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 F924[(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 F925[the F926[information or the revised environmental impact assessment report or revised 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 F927[in relation to 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 (4)(b)

(i) a notice of the furnishing to the Board of, as appropriate, the further information referred to in paragraph (a)(i) or the F928[information, report or statement] referred to in paragraph (a)(ii), and

(ii) a copy of that further information, F929[information, report or statement],

and to indicate to the authority that submissions or observations F930[in relation to that further information, information, report or statement] may be made to the Board before the expiration of a period F931[(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 undertaker.

F932[(8A) The period provided for in subsection (8)(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.]

F933[(9) In the case of any application to the Board under this section, the Board shall request the Commission to make observations on safety or operational matters including any relevant safety advice or specific recommendations which the Commission considers appropriate within such period as may be specified (which period shall not be less than 3 weeks from the date of the request).]

F913[(9A) In considering the likely effects of a proposed development on the environment or significant effects on a European site and the consequences of the development for proper planning and sustainable development, the Board shall have particular regard to the observations that the Commission considers it appropriate to make to the Board as requested under subsection (9).

(9B) Where the Board is considering not accepting the observations of the Commission it shall give notice to and consult with the Commission, giving its reasons and the Board shall request the Commission to respond within 3 weeks of the giving of notice under this subsection.

(9C) The Board shall consider any response given by the Commission under subsection (9B) before it makes a decision under section 182D.

(9D) The Board, in giving an approval for a proposed development under section 182D(5)(a), (b) or (c) or refusing to approve a proposed development under section 182D(5)(d), where it does not follow the observations of the Commission or part thereof, shall give reasons.

(9E) In making observations on safety or operational matters including any relevant safety advice or specific recommendations which the Commission considers appropriate under this section, the Commission may, without prejudice to the generality of the entitlement to make such observations, refer to such matters as it considers appropriate, including

(a) a safety framework established under section 13I of the Act of 1999,

(b) directions made by the Minister for Communications, Energy and Natural Resources under section 13J of the Act of 1999,

(c) guidelines issued under section 13L of the Act of 1999,

(d) a safety case as defined by section 13A(1) of the Act of 1999,

(e) a revised safety case within the meaning of section 13N of the Act of 1999,

(f) a safety permit issued pursuant to section 13P of the Act of 1999,

(g) an improvement notice issued under section 13Z of the Act of 1999,

(h) a prohibition notice issued under section 13AA of the Act of 1999,

(i) safety standards referred to in guidelines issued under section 13L of the Act of 1999,

(j) standards and codes of practice referred to in section 13L(3)(c), and

(k) conditions relating to petroleum authorisations.

(9F) In subsection (9E)

(a) Act of 1999 means the Electricity Regulation Act 1999;

(b) a term or expression used in that subsection has the same meaning as it has in Part IIA of the Electricity Regulation Act 1999.]

(10) The Minister, after consultation with the Minister for Communications, Marine and Natural Resources, may make regulations to provide for matters of procedure in relation to the making of a request of the Commission under subsection (9) and the making of observations by the Commission on foot of such a request.

(11) In this section Commission means the Commission for Energy Regulation. ]

Annotations

Amendments:

F912

Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 4, S.I. No. 684 of 2006.

F913

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 65(a) and (f), S.I. No. 477 of 2010.

F914

Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 40, S.I. No. 474 of 2011.

F915

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

F916

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

F917

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

F918

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

F919

Deleted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 33(a)(i), in effect as per reg. 2(1).

F920

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 33(a)(ii), in effect as per reg. 2(1).

F921

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

F922

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

F923

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

F924

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 33(b)(i), in effect as per reg. 2(1).

F925

Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 40(c)(ii), S.I. No. 474 of 2011.

F926

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

F927

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

F928

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

F929

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

F930

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

F931

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 33(b)(ii), in effect as per reg. 2(1).

F932

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 33(c), in effect as per reg. 2(1).

F933

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 65(e), S.I. No. 477 of 2010.

Modifications (not altering text):

C124

Application of section clarified (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).

Editorial Notes:

E382

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

E383

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).

E384

Power pursuant to section exercised (21.12.2006) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).

E385

Previous affecting provision: section amended by Planning and Development (Amendment) Act 2010 (30/2010), s. 65(b), (c) and (d), not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.