Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I move amendment No. 266:

In page 187, between lines 7 and 8, to insert the following: “Environmental impact assessments – special cases

175. The Act of 1933 is amended by the insertion of the following section after section 13B:

“13C. (1)Subsection (2) applies where a local authority that is a planning authority (within the meaning of the Act of 2000)—

(a) applies for approval for a proposed development under—

(i) section 226 of the Act of 2000, or

(ii) on and after the coming into operation of section 12(2) of the Maritime Area Planning Act 2021, section 175 of the Act of 2000,

or

(b) has an approval referred to in paragraph (a).

(2) Notwithstanding the provisions of any other enactment, it shall not be necessary for—

(a) the local authority to submit an Environmental Impact Assessment Report in connection with its application under this Act for a lease or licence for the proposed development, or

(b) the appropriate Minister to undertake an environmental impact assessment in determining an application referred to in paragraph (a).”.”.

Amendment No. 266 is consequential on the repeal of Part XV of the Planning and Development Act, which is the part of that Act that deals with the foreshore. This amendment inserts a new provision into the Foreshore Act to recreate a specific element of Part XV, where a local authority own development requires both planning permission and foreshore consent, and an environmental impact assessment report, it is subject to a single environmental impact assessment in the planning permission process. This is not a new policy or approach. Appropriate assessment will still be required under both regulatory regimes.