Written answers

Tuesday, 2 May 2017

Department of Housing, Planning, Community and Local Government

EU Directives

Photo of Noel GrealishNoel Grealish (Galway West, Independent)
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409. To ask the Minister for Housing, Planning, Community and Local Government to list the Departments that have statutory responsibilities as competent authorities in respect of EU directives (details supplied). [19222/17]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Under Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, the Environmental Impact Assessment (EIA) Directive, a competent authority is the relevant consenting authority.

Appropriate assessment (AA) is required under Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) and Directive 2009/147/EC on the conservation of wild birds (the Birds Directive). Under the European Communities (Birds and Natural Habitats) Regulations 2011, a broad list of public authorities are listed as consent authorities, to include Government Ministers and Departments as appropriate, for the purposes of these Directives.

The Planning and Development Act 2000, as amended, provides that local planning authorities and An Bord Pleanála are the competent and consent authorities for EIA and AA, when considering applications or appeals for proposed development. Under the Foreshore Act 1933, as Minister, I consider proposals for development and activity on the foreshore in accordance with the requirements of the EIA, Birds and Habitats Directives.

Other Government Departments also have responsibilities under these Directives in respect of any consent process they have under other enactments.

Strategic environmental assessment (SEA) is undertaken in accordance with the requirements of EU Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, otherwise known as the SEA Directive.  The SEA Directive does not define a competent authority but rather specifies a plan and programme making authority. In this regard, my Department is the relevant authority for undertaking an SEA in relation to the proposed National Planning Framework, Ireland 2040 - Our Plan, and the Draft River Basin Management Plan for Ireland (2018-2021). Other Government Departments also will have responsibilities under this Directive in relation to any plan or programme they may be making that comes within the Directive’s scope.

In relation to the Water Framework Directive (Directive 2000/60/EC on establishing a framework for Community action in the field of water policy), the competent authorities in Ireland in relation to a river basin district include myself as Minister, the Environmental Protection Agency and local authorities in various roles under the Directive.

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