58. (1) The Agency shall, as soon as may be, and following consultation with the Minister and such public authorities as the Agency considers appropriate, prepare and issue technical guidelines on the categories of abstraction that are likely to require a retrospective EIA or a retrospective screening determination under this Part, including the abstractions that are considered to be of a class specified in—

(a) subparagraph (ii) of section 15(4)(b),

(b) paragraph (a) or (b) of section 29(3), and

(c) paragraph (a) or (b) of section 37(5).

(2) Before making guidelines under subsection (1), the Agency shall have regard to the EIA Directive and may have regard to the Act of 2000 F16[or the Act of 2024] and the Regulations of 2001.

(3) The Agency shall have regard to the EIA Directive and to the Regulations of 2001 in the preparation of guidelines under subsection (1).

(4) The Agency shall, as soon as practicable, publish on its website guidelines issued under subsection (1).

(5) The Agency shall, at such intervals as it considers appropriate, revise guidelines issued under subsection (1) and the provisions of this section shall apply to the preparation, issuing and publication of such revised guidelines as they apply to the guidelines first issued.

(6) A failure on the part of any person to observe any provision of guidelines issued and published under this section shall not, of itself, render that person liable to any proceedings.