Wildlife (Amendment) Act 2000

F9[Procedure in regard to submission of EIS.

19B

19B.—(1) Where a person is required to submit an environmental impact statement in accordance with a requirement of section 19A, the person shall, not more than 2 weeks before submitting the environmental impact statement, publish notice of his or her intention to submit the environmental impact statement in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate.

(2) A notice under subsection (1) shall state—

(a) the name of the person required to submit the environmental impact statement,

(b) the location, townland or postal address of the land to which the proposed works relate,

(c) the nature and extent of the proposed works,

(d) that, following a requirement of the Minister, an environmental impact statement will be submitted to the Minister in respect of the proposed works,

(e) that the environmental impact statement will be available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and

(f) that submissions or observations in relation to the environmental impact statement may be made in writing to the Minister within 5 weeks of the date of receipt by the Minister of the environmental impact statement.

(3) An environmental impact statement submitted pursuant to a requirement of section 19A shall be accompanied by a copy of the relevant page of the newspaper in which a notice under subsection (1) was published.

(4) Where it appears to the Minister that a notice published under subsection (1)

(a)  does not comply with any of the requirements of subsections (1) or (2), or

(b)  because of its content or for any other reason, is misleading or inadequate for the information of the public,

the Minister shall require the person concerned to give such further notice in such manner and in such terms as the Minister may specify and to submit such evidence as he or she may specify in relation to compliance with such requirement.

(5) An environmental impact statement submitted pursuant to a requirement of section 19A shall be made available for inspection free of charge or purchase, at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify.

(6) Where the Minister receives an environmental impact statement in accordance with a requirement of section 19A he or she shall, as soon as may be following receipt of the environmental impact statement, send a copy of the environmental impact statement to the planning authority in whose functional area the land is situated, and such Minister of the Government or other body or bodies as the Minister considers appropriate in the circumstances, and shall indicate that a submission or observation in relation to the effects on the environment of the proposed works may be made in writing to the Minister within 5 weeks of the date of receipt by the Minister of the environmental impact statement.

(7) The Minister shall consider whether an environmental impact statement submitted in accordance with a requirement of section 19A complies with subsection (2) of that section or, where the Minister has given a written opinion under subsection (3) of that section, he or she shall consider whether the environmental impact statement complies with the said opinion.

(8) Where the Minister decides that an environmental impact statement does not comply with subsection (2) of section 19A or any relevant written opinion given by the Minister under subsection (3) of that section, as appropriate, he or she shall require the person who submitted the environmental impact statement to submit such further information as may be necessary to comply with the relevant subsection.

(9) The Minister shall, where he or she considers that further information furnished in accordance with a requirement under subsection (8) contains significant additional data in relation to the effects on the environment of the proposed works, as soon as may be following receipt of the further information,—

(a) send notice and a copy of the further information to any person or body consulted under subsection (6) indicating that a submission or observation in relation to the further information may be made in writing to the Minister within a specified period, and

(b) notify any person who made a submission or observation in relation to the proposed works—

(i) that significant further information in relation to the proposed works has been furnished to the Minister, and is available for inspection free of charge or purchase at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and

(ii) that a submission or observation in relation to the further information received may be made in writing to the Minister within a specified period,

and

(c) require the person intending to carry out the proposed works to publish a notice in at least one newspaper circulating in the district in which is situated the land to which the proposed works relate, stating—

(i) the name of the person intending to carry out the proposed works,

(ii) the location, townland or postal address of the land to which the proposed works relate,

(iii) that significant further information in relation to the proposed works has been furnished to the Minister, and is available for inspection free of charge or purchase at a fee not exceeding the reasonable cost of making a copy, during office hours at the offices of the Minister or such other convenient place as the Minister may specify, and

(iv) that a submission or observation in relation to the further information may be made in writing to the Minister within a period specified by the Minister.

(10) Where it appears to the Minister that a notice published in accordance with subsection (9)(c) does not adequately inform the public, the Minister shall require the person who published the notice to give such further notice in such a manner and in such terms as the Minister may specify and to submit such evidence as he or she may specify in relation to compliance with such requirement.]

Annotations

Amendments:

F9

Inserted (10.12.2001) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 2001 (S.I. No. 538 of 2001), reg. 5, in effect as per reg. 2(1), subject to transitional provision in reg. 2(2).