Planning and Development Act 2000
F1236[Submission and notification of environmental impact assessment report and Natura impact statement
302.—(1) The requesting person shall, as soon as may be after preparing an environmental impact assessment report in accordance with a requirement under subsection (6) of section 297—
(a) submit to the Board—
(i) such number of copies, as the Board may specify, of the report in paper form, and a copy of the report in electronic form, and
(ii) a copy of the notice—
(I) published in accordance with paragraph (c), or
(II) that he or she proposes to publish in accordance with paragraph (c), accompanied by particulars of the date on which he or she proposes to so publish the notice,
(b) submit a copy of the confirmation notice relating to that report to the Board,
(c) publish a notice, in the prescribed form, on his or her internet website and in at least one national newspaper stating—
(i) that an environmental impact assessment report has been submitted to the Board in relation to the requested alteration,
(ii) the times at which, the period (which shall not be less than 30 days) during which and the place or places at which a copy of the environmental impact assessment report may be inspected by members of the public,
(iii) that a copy of the environmental impact assessment report may be purchased on payment of such fee (not exceeding the reasonable cost of making such copy) as may be specified in the notice, and
(iv) that submissions or observations in relation to the likely effects on the environment of the requested alteration may be made in writing to the Board before the expiration of such period (which shall not be less than 30 days after the notice is first published in accordance with this paragraph) as is specified in the notice,
(d) send a copy of the environmental impact assessment report to—
(i) the Environmental Protection Agency,
(ii) any planning authority—
(I) within whose functional area it is proposed that the development would be situated, or
(II) whose functional area adjoins the maritime site in which it is proposed that the development would be situated,
and
(iii) each person who made submissions or observations in relation to the requested alteration in accordance with an invitation under section 297,
and a notice in the prescribed form to each of the foregoing stating that—
(A) that report has been submitted to the Board, and
(B) submissions or observations may be made in writing to the Board, in relation to the likely effects on the environment of the requested alteration, within the period (for the making of submissions and observations) specified in the notice published under paragraph (c) in respect of the requested alteration,
and
(e) if the Board informs the requesting person that it is of the opinion that the requested alteration is likely to have significant effects on the environment of a Member State of the European Union or another state that is a party to the Transboundary Convention, send a copy of the environmental impact assessment report and a notice in the prescribed form stating—
(i) that that report has been submitted to the Board, and
(ii) submissions or observations may be made in writing to the Board, in relation to the likely effects on the environment of the requested alteration, within the period (for the making of submissions and observations) specified in the notice published under paragraph (c) in respect of the requested alteration,
to that Member State or other state, as the case may be.
(2) The requesting person shall, as soon as may be after preparing a Natura impact statement in accordance with a requirement under subsection (6) of section 297—
(a) submit to the Board—
(i) a copy of the statement in paper form and a copy of the statement in electronic form, and
(ii) a copy of the notice—
(I) published in accordance with paragraph (c), or
(II) that he or she proposes to publish in accordance with paragraph (c), accompanied by particulars of the date on which he or she proposes to so publish the notice,
(b) publish a notice in the prescribed form in at least one national newspaper stating—
(i) that a Natura impact statement has been submitted to the Board in relation to the requested alteration,
(ii) the times at which, the period (which shall not be less than 30 days) during which and the place or places at which a copy of the Natura impact statement may be inspected by members of the public,
(iii) that a copy of the Natura impact statement may be purchased on payment of such fee (not exceeding the reasonable cost of making such copy) as may be specified in the notice, and
(iv) that submissions or observations in relation to the likely effects on the environment or any European site of the requested alteration may be made in writing to the Board before the expiration of such period (which shall not be less than 30 days after the notice is first published in accordance with this paragraph) as is specified in the notice,
and
(c) send a copy of that statement to—
(i) the Environmental Protection Agency,
(ii) any planning authority—
(I) within whose functional area it is proposed that the development would be situated, or
(II) whose functional area adjoins the maritime site in which it is proposed that the development would be situated,
and
(iii) each person who made submissions or observations in relation to the requested alteration in accordance with an invitation under section 297,
and a notice in the prescribed form to each of the foregoing stating that—
(A) that statement has been submitted to the Board in relation to the requested alteration, and
(B) submissions or observations may, within the period (for the making of submissions and observations) specified in the notice published under paragraph (b) in respect of the requested alteration, be made in writing to the Board in relation to the likely effects on the environment or any European site of the requested alteration.]
Annotations
Amendments:
F1236
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 171, S.I. No. 488 of 2022.
Modifications (not altering text):
C348
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 20204 (34/2024), s. 187, not commenced as of date of revision.
Continued operation of sections 297, 298, 299, 300, 301 and 302 of Act of 2000 for certain purposes
187. Where a request was made to the Board under section 297 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not commence or complete the performance of the functions under section 298 or 299 of that Act in relation to the request before such repeal, the said sections 297, 298 and 299 and sections 300, 301 and 302 of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that request.