On the 15 of November 2011 the Minister for the Environment, Community and Local Government signed the Planning and Development (Amendment) Act 2010 (Commencement) (No.3) (Order 2011). This order commences sections 74 and 75 of the Planning and Development Act (Amendment) Act 2010 that amended the Planning and Development Act 2000 by the insertion of a new section 261a which relates to the regulation of quarries.
The new regulations were required because of the European Court decision in case C-215/06 that found that Ireland was in breach of the Environmental Impact Directive because it granted permission for retention to projects that required an Environmental Impact Assessment (EIA). Under section 261a each planning authority will have a maximum of 9 months to examine every quarry in its operational area to determine whether development was carried out which would have required EIA, a determination as to whether EIA would have been required, or an appropriate assessment under the Habitats Directive (this is called a determination under section 2a).
Once this determination is made if the quarry commenced operation before 1 October 1964 or if planning permission was granted for the quarry and the requirements under the original section 261 quarry registration process were fulfilled the planning authority shall issue a notice directing the quarry operator/owner to apply to An Bord Pleanala for substitute consent under section 177E of the Planning and Development (Amendment) Act 2010. This application must be made within 12 weeks and accompanied by a Remedial Environmental Impact Statement or Remedial Natura Impact Statement or both. Where a quarry which would have required EIA, a determination as to whether EIA would have been required, or an appropriate assessment under the Habitats Directive commenced operation after 1 October 1964 and never obtained planning permission, or failed to fulfil its section 261 requirements, the planning authority must issue an enforcement notice requiring the cessation of the operation of the quarry.
Cite this post as:
Mount, C. Minister for the Environment commences new quarry legislation. The Charles Mount Blog, November 17, 2011. http://charles-mount.ie/wp/?p=657