Written answers

Wednesday, 18 April 2012

Department of Environment, Community and Local Government

Ministerial Responsibilities

10:00 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 895: To ask the Minister for the Environment, Community and Local Government the body, State agency or section of his Department which is responsible for monitoring environmental impact statements and the compliance of same with EU Directives; and if he will make a statement on the matter. [18998/12]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Environmental Impact Assessment (EIA) is the process by which the anticipated effects on the environment of a proposed development or project are examined. The document produced to facilitate this process is known as an Environmental Impact Statement (EIS).

EIA requirements derive from Directive 85/337/EEC (EIA Directive) on the assessment of the effects of certain public and private projects on the environment, as amended, which has been transposed into Irish law primarily by means of the European Communities (Environmental Impact Assessment) Regulations 1989 to 1999 and also, more generally, through various legislation providing for relevant consents in respect of projects.

In each such consent system, which is governed by separate legislation, a competent authority is identified as the body responsible for examining the EIS, including its compliance with the EIA Directive, as amended. The competent authority then makes its decision to refuse or grant permission for the development or project, having regard to the information contained in the EIS, among other factors. For example, the competent authority in respect of land use consent is the local planning authority and/or An Bord Pleanála; in the case of petroleum and gas extraction, it is the Minister for Communications, Energy and Natural Resources.

In effect, no single body is responsible for examining EISs to ensure, inter alia, their compliance with the EIA Directive, as amended; rather, this responsibility is appropriately assigned to a defined competent authority in the context of each relevant statutory consent system.

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