On 15 July 2004, the Government received a detailed letter from the European Commission in regard to implementation of the directive on environmental impact assessment in Ireland. The letter lists a number of individual cases, including the Derrybrien wind farm project. In view of the complexity of the issues involved, Ireland sought an extension of the period for reply to the Commission until 14 November 2004. The Department is now finalising a comprehensive response to the Commission's letter. On the basis of legal advice, my Department does not divulge details of correspondence with the European Commission in connection with EU complaints.
My Department issued guidelines for planning authorities on wind farm development as far back as 1996. The guidelines noted that "wind farm developments, both during the construction and operational phases, may impact significantly on the ecology, archaeology, geology and heritage of an area". They recommended, inter alia, that an assessment of the impact of development on the known or likely geological interest of a site should be made.
In August 2004 my predecessor issued for public consultation draft guidelines for planning authorities in regard to wind energy development, updating the 1996 guidelines. To be fair, the 1996 guidelines could not have envisaged what took place. The recent guidelines update policy on the siting and design of wind farms and include strengthened recommendations on the consideration of geotechnical issues. Some 65 submissions were received by the closing date for the receipt of submissions on 30 September 2004 and are now under consideration by my Department. It was the intention to publish the finalised guidelines in early 2005 but I intend to publish them as soon as is possible.
Responsibility for ensuring the adequacy of an environmental impact statement submitted with a planning application rests with the planning authority in the first instance and, in the event of an appeal, with An Bord Pleanála. Under section 72 of the Environmental Protection Agency Act 1992, the EPA issued in 2002 guidelines on the information to be contained in environmental impact statements. These guidelines and the accompanying detailed advice notes on current practice have been updated and are available.
Additional information not given on the floor of the House
These guidelines, and accompanying detailed advice notes on current practice in the preparation of environmental impact statements, updated draft guidelines and accompanying detailed advice notes issued by the EPA in 1995. The Act provides that those preparing and assessing environmental impact statements must have regard to the EPA guidelines. The guidelines and advice notes address issues in regard to impacts on soil and geology.
