Planning and Development Act 2000

F1226[Opinion of Board on information to be contained in environmental impact assessment report

290

290. (1) A prospective applicant may, in relation to proposed development to which this Chapter applies, request the Board to give to him or her an opinion in writing on the scope of the information and the extent of detail that should be set out in an environmental impact assessment report.

(2) Upon receipt by the Board of a request referred to in subsection (1), the Board shall

(a) consult with the prospective applicant and such other persons as may be prescribed for the purpose of this section, and

(b) after considering the information provided to the Board by the prospective applicant, in particular in relation to

(i) the specific characteristics of the proposed development, including its location and technical capacity (within the meaning of paragraph 2 of Article 5 of the Environmental Impact Assessment Directive), and

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

comply with the request as soon as is practicable.

(3) A prospective applicant shall give the Board such information in relation to the proposed development as the Board may reasonably require for the purpose of enabling it to comply with subsection (2).

(4) An environmental impact assessment report shall

(a) take account of an opinion provided to the applicant concerned in accordance with this section, and

(b) contain such information (including such information as is specified in the said opinion) as is reasonably necessary to enable the Board to come to a reasoned conclusion with regard to the likely effects of the proposed development concerned on the environment.

(5) The provision of an opinion under this section shall not prejudice the performance by the Board of any of its functions under this Act.

(6) An opinion provided under this section may not be relied upon in relation to the making of an application under this Chapter or the bringing of any proceedings before a court.]

Annotations:

Amendments:

F1226

Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 171, S.I. No. 488 of 2022.