Planning and Development (Amendment) Act 2010

54.

Amendment of section 172 of Principal Act.

54.— Section 172 of the Principal Act is amended—

( a) by substitution of the following for subsection (1):

“(1) An environmental impact assessment shall be carried out by a planning authority or the Board, as the case may be, in respect of an application for consent for proposed development, or a class of such proposed development, prescribed by regulations under section 176.

(1A) In subsection (1)—

( a) ‘ proposed development ’ means—

(i) a proposal to carry out one of the following:

(I) development to which Part III applies;

(II) development that may be carried out under Part IX;

(III) development by a local authority or a State authority under Part XI;

(IV) development on the foreshore under Part XV;

(V) development under section 43 of the Act of 2001;

(VI) development under section 51 of the Roads Act 1993; and

(ii) notwithstanding that development has been carried out, development in relation to which an application for substitute consent is required under Part XA;

( b) ‘consent for proposed development’ means, as appropriate—

(i) grant of permission;

(ii) a decision of the Board to grant permission on application or on appeal;

(iii) consent to development under Part IX;

(iv) consent to development by a local authority or a State authority under Part XI;

(v) consent to development on the foreshore under Part XV;

(vi) consent to development under section 43 of the Act of 2001;

(vii) consent to development under section 51 of the Roads Act 1993; or

(viii) substitute consent under Part XA.

(1B) An applicant for consent to carry out a proposed development referred to in subsection (1) shall furnish an environmental impact statement to the planning authority or the Board, as the case may be, in accordance with the permission regulations.

(1C) A planning authority or the Board, as the case may be, shall refuse to consider an application for planning permission in respect of a development referred to in subsection (1) if the applicant fails to furnish an environmental impact statement under subsection (1B).”.