Dáil Éireann Debate, Tuesday - 5 March 2024
379. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage his views on extending environmental impact assessments to projects currently falling outside them because of type or scale; and if he will make a statement on the matter. [9937/24]
View answerThe Environmental Impact Assessment (EIA) Directive, Directive 2011/92/EU as amended by Directive 2014/52/EU, specifies projects which, by virtue of their nature, size or location are likely to have significant effects on the environment and should be subject to EIA. The Directive requires projects listed in Annex I of the Directive to be subject to mandatory EIA and provides that Member States may determine whether projects listed in Annex II of the Directive shall be subject to EIA.
Annex I and II of the EIA Directive are transposed in the planning code by Part 1 and Part 2 of Schedule 5 of the Planning and Developments Regulations 2001 (the Regulations).
Part 2 of Schedule 5 of the Regulations, transposes Annex II of the Directive, listing the projects that must be subject to EIA screening.
It is a matter for a Planning Authority or An Bord Pleanála to assess planning applications for these projects in accordance with the requirements of the EIA Directive, as transposed in the Planning and Development Act 2000 and the Regulations, to determine if an EIA is required or not.
The EIA Directive is clear in that circumstances may arise in which any project, regardless of type or scale, may be subject to a requirement for EIA, based on the nature, size or location of that project.
Article 12 of the EIA Directive provides for a reporting and review mechanism, whereby the European Commission seeks information from Member States on the practical implementation of the Directive.
The Commission reports regularly on the application and effectiveness of the EIA Directive. Further information can be accessed at the link below:
environment.ec.europa.eu/law-and-governance/environmental-assessments/environmental-impact-assessment_en
