Catherine Murphy (Kildare North, Independent)
Link to this: Individually | In context

Question 138: To ask the Minister for the Environment, Community and Local Government in view of the fact that it is almost one year since the Planning and Development (Amendment) Act 2010 was enacted, when will section 261([i]a[/i]) designed to introduce a sunset provision for quarries in response to the findings of the European Court of Justice in case C-215/06 be commenced; if our failure to implement the ruling of the European Court of Justice is putting the State at continued risk of fines; the reason there has been a delay in commencing this section; and if he will make a statement on the matter. [16798/11]

Willie Penrose (Longford-Westmeath, Labour)
Link to this: Individually | In context

Significant new provisions were enacted in the Planning and Development (Amendment) Act 2010 in relation to:

· appropriate assessment of development proposals;

· a new substitute consent system for projects requiring environmental impact assessment in exceptional circumstances; and

· a new examination of all quarries by planning authorities under new section 261A, to be followed by applications for substitute consent or planning enforcement, as the case may be.

Substantial regulations are required before these provisions can be commenced and, in the case of section 261A, guidance on the implementation of these complex provisions will also be issued. Both regulations and guidance are at an advanced stage of preparation and it is intended to commence these sections and publish the enabling regulations and associated guidance over the summer.

The essence of the judgment in case C-215-06 was that, in allowing applications for retention permission in relation to projects requiring environmental impact assessment, in the absence of exceptional circumstances, Ireland was in contravention of the EIA Directive. Following the consideration of the July 2008 decision of the European Court of Justice in this case, planning authorities were instructed in August 2008 that they should cease accepting retention applications in such cases: in that sense, the judgment was complied with promptly.

Notwithstanding the fact that the practice had ceased since 2008, section 34 of the Planning and Development Act 2000 was amended in the 2010 Act to provide beyond any doubt that a planning authority could not accept an application for retention permission in respect of a development which would have required an environmental impact assessment, or a determination as to whether an environmental impact assessment was required. The above provision was commenced on 23 March 2011.