Dáil Éireann Debate, Tuesday - 7 May 2013
259. Deputy Jack Wall asked the Minister for the Environment, Community and Local Government his views on a submission (details supplied) regarding quarries; his plans to address this matter; and if he will make a statement on the matter. [21154/13]
View answerIn response to the Judgment of the European Court of Justice in case C215/06, a new Section 261A was inserted into the Planning and Development Acts 2000 - 2112. Under this Section each planning authority was asked to determine which quarries in its administrative area would, having regard to the dates of implementation of the EIA Directive and the Habitats Directive, respectively, have required an EIA, a determination in relation to EIA, or an appropriate assessment in relation to possible effects on the integrity of a European site, but which were not subject to such assessment/determination. Where a planning authority determined that a quarry comes within this category, the planning authority is required to make a further decision in relation to the planning status of the quarry, including registration status. Flowing from this decision, the planning authority must then either require an application for substitute consent or take enforcement action requiring the quarry to cease operations. The determination of the planning authority that EIA, a determination in relation to EIA, or an appropriate assessment were required but not carried out/made is reviewable by An Bord Pleanála, as is the decision on the planning/registration status. While the process has been challenging for some quarry operators, my Department has engaged extensively with industry representatives to ensure that the provisions, which were required for purposes of compliance with the ECJ judgment, are implemented fairly and consistently. I am considering making a number of small modifications to the practical operation of the 261A process to ensure its effectiveness.
