Dáil Éireann Debate, Thursday - 26 November 2020
248. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if his Department will consider carrying out an examination of the adequacy and accuracy of environmental impact assessments being undertaken on behalf of wind farm developments in sensitive areas. [39415/20]
View answerIn planning matters, the requirements for carrying out an Environmental Impact Assessment (EIA) are set out at Part X of the Planning and Development Act 2000, as amended.
Under section 172 of the Planning and Development Act 2000, an applicant for consent to carry out proposed development requiring EIA must submit an Environmental Impact Assessment Report (EIAR) to the planning authority, or the Board as the case may be. Article 94 and Schedule 6 to the Planning and Development Regulations 2001 (as amended) set out the information to be contained in an EIAR. Section 172(1B) of the Act requires that an EIAR furnished to the planning authority or An Bord Pleanála (the Board) must be prepared by experts with the competence to ensure its completeness and quality. Article 94 further specifies that the EIAR must list the experts who contributed to the preparation of the report and identify his or her competence and experience, including relevant qualifications. Under section 172(1H) of the 2000 Act, the relevant planning authority or the Board, as the case may be, must ensure that it has, or has access to, sufficient expertise to examine the EIAR to ensure its completeness and quality.
In this context, it is a matter for the relevant planning authority or the Board carrying out the EIA to satisfy itself as to the adequacy and accuracy of the EIAR prepared by or on behalf of the developer. Where it is not satisfied with the quality of the EIAR, the competent authority may seek further information from the developer as it considers necessary to enable it to carry out the EIA and where such information is not provided, the application is deemed withdrawn. Furthermore, the planning authority or the Board in carrying out the EIA must consider, in addition to the EIAR itself, any submissions or observations made in relation to the environmental effects of the proposed development.
In addition to the above, under section 30 of the Act, as Minister, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
