Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Amendments Nos. 874 and 875 relate to section 205 of the Bill. Section 205 provides for an exemption from the requirement to carry out an environmental impact assessment and gives effect to Article 2.4 of the EIA directive. In accordance with the directive, an exemption can only be granted in exceptional cases; where the application of the EIA directive would adversely impact the purpose of the development; and where the objectives of the EIA directive are otherwise met.

Amendment No. 874, if made, would require that the public are consulted in relation to the granting of an exemption from the requirement to carry out an environmental impact assessment. This goes beyond what is required by Article 2.4 of the EIA directive. Furthermore, section 205(5) already provides that the commission shall publish a notice of the granting of an exemption and the reasons for granting that exemption. As the provision in the directive, and by extension the Bill, is intended as an exceptional measure, and the public will be informed of the granting of an exemption, I must oppose this amendment.

Amendment No. 875 if made would require that an exemption can only be granted where, inter alia, the application of the requirements of the environmental impact assessment directive would adversely affect public participation of the development concerned. As noted, the purpose of section 205(5) is to give effect to the Article 2.4 of the EIA directive, which specifically references "the purpose of the development".

For this reason, this amendment is not necessary and I again have to oppose it.