Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I move amendment No. 92:

In page 27, line 24, to delete “a class specified” and substitute “a class standing specified”.

Amendments Nos. 92 and 93 are technical in nature. They are required to make it clear that the requirement to carry out a screening EIA for a proposed development in respect of prescribed classes of development will apply to whatever class of development are prescribed at the relevant time, and not just to the classes of development prescribed at the time section 20 of the Bill regarding screening for EIA comes into force.

I propose amendment No. 94 in order make it clear that classes of development will be prescribed under section 176 of the 2000 Act for the purposes of the proposed section 176A(2)(a) of that Act, that is, requiring a person proposing to undertake a development of a class prescribed under section 176 to apply to a planning authority for an EIA screening in respect of the proposed development. Certain classes of development are already prescribed under section 176 for the purpose of requiring that an EIA be carried out. Other classes of development are also prescribed under that section for the purpose of requiring an EIA if it is determined that the proposed development would be likely to have a significant effect on the environment.

Amendment No. 102 is required to ensure that the fee paid to the planning authority by an applicant for an EIA screening should be repaid to him or her if the planning authority fails to carry out a screening within the allotted time.

Amendment No. 107 provides for additional text to be inserted in subsection (6)(b) of proposed section 176C of the 2000 Act in order to enable the board to specify the period within which the additional information must be provided. The additional text also refers to “within 4 weeks of the due receipt of the further information” so that the period for the board to determine a determination review of an application referral commences on the expiry of the period given for the receipt of additional information.

Under amendment No. 109, if the board asks a person to supply further information in respect of the determination review or application referral, the board is required to notify that person of its determination.

Amendment No. 116 is a technical amendment. I tabled the amendment because the proposed paragraph to be inserted does not fit in with the text of section 144(1A) of the Planning and Development Act 2000, as amended, that provides for the matters for which the board may determine fees.

Amendment No. 117 provides thatthe ministerial regulations, to be issued in respect of the environmental impact assessment directive, will include matters covered by sections 176A, 176B and 176C on environmental impact assessment screening, that are proposed to be inserted into the Planning and Development Act 2000, as amended.

Section 20 deals with EIA screening. I intend to bring forward a small technical amendment to section 20 on Report Stage. I am not sure what it will be yet but I wish to flag my intention to do so. It will be on Thursday, Friday or whenever.