Written answers
Tuesday, 22 September 2020
Department of Culture, Heritage and the Gaeltacht
Environmental Impact Assessments
Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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342. To ask the Minister for Housing, Planning, and Local Government if changes will need to be made to environmental impact assessment legislation in view of the European Court of Judgement decision on the planning permission by a company (details supplied) in County Kerry. [25124/20]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I understand the Question refers to the Court of Justice of the European Union (CJEU) preliminary ruling of 9 September 2020 in case C-254/19 that a decision to extend the period originally set for the construction of a liquefied natural gas regasification terminal must be considered an agreement of a project under Article 6(3) of Council Directive 92/43/EEC (the Habitats Directive) where the original consent has lapsed and works have not been undertaken.
The CJEU ruling and its implications for the planning system in respect of the Habitats Directive are currently being examined by my Department, in consultation with the Office of the Attorney General.
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