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
Thank you for the interpretation of this new legislation. Can you please tell me what sort of public submissions, if any, are allowed as part of this new process?
Michael, thanks for your comment. Within 4 weeks of the commencement of section 261a each planning authority must publish a notice in a newspaper or on its website stating its intention to examine every quarry. This notice will also invite members of the public to make written submissions to the planning authority within 6 weeks.
Charles, Thank you for your reply.
If a submission is made to the planning authority, in this case, is it correct to presume that a follow on submission can then be made to An Bord Pleanala if an application is made for substitute consent?
Is it necessary, in this case, to make a submission to the planning authority in order to make a follow on submission to An Bord Pleanala if an application is then made for substitute consent?
Is the planning authority obliged in this new legislation to do anything else beyond issuing an enforcement notice requiring the cessation of the operation of the quarry?
Michael,
Yes the draft guidelines state that anyone making a submission will receive a copy of any notice served on a quarry operator and the person making the submission will have the right to ask an Bord Pleanala to review the planning authority’s determination in relation to the matter of EIA or appropriate assessment , and its decision as to the planning and legal status of the quarry within 21 days. So it looks as though one would have to make an initial submission to the planning authority to make a follow on submission to an Bord Pleanala.
Regarding enforcement the act states the planning authority will issue an enforcement notice “and the taking of such steps as the planning authority considers appropriate”.