the systematic examination of the likely effects
on the environment of a proposed development;This page is a simple guide to Environmental Impact Assessment (EIA) and to Environment Impact Statements (EIS), which form the basis of EIA.
This page is intended as a practical guide to the operation of the procedures where a planning application has to be made. It is not a definitive interpretation of planning law. For more information you should contact your local planning authority.
1. What is Environmental Impact Assessment (EIA)?
Environmental Impact Assessment (EIA) is a procedure for
the systematic examination of the likely effects
on the environment of a proposed development;
ensuring that adequate consideration is
given to any likely effects; and
avoiding, reducing or offsetting any
significant adverse effects.
The procedure is generally designed to be carried out by environmental consultants on behalf of planning authorities (and by An Bord Pleanála on appeal) as part of the processing of planning applications, with the Environmental Protection Agency (EPA) assessing the environmental pollution aspects where an application has to be made for an integrated pollution control licence. These arrangements ensure that measures to improve the proposal can be taken at the earliest opportunity. The developer is obliged to prepare an Environmental Impact Statement (EIS) and active public involvement in the assessment of the EIS is encouraged.
2. What types of development require EIA?
Generally, large scale developments, including agriculture, food industry, chemical industry, infrastructure, urban developments, etc., require an EIA. In some cases, EIA is mandatory irrespective of the size of the project. In most cases, however, a threshold is set and if this is exceeded, the project must be subject to EIA. Even if thresholds are not exceeded, the planning authority (or An Bord Pleanála in the case of a planning appeal) must start the EIA process if it considers that the project would have significant effects on the environment. The full list of projects and threshold limits are set out in the European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989). EIA is obligatory for all projects needing an integrated pollution control licence from the EPA, even where the relevant threshold isn't exceeded - see Question 17 below.
3. How does EIA work?
The person who wishes to carry out the development prepares an Environmental Impact Statement (EIS), which is submitted with the planning application for assessment by the planning authority. (It is not possible to apply for outline permission in EIA cases.) The newspaper notice of the planning application must refer to the EIS. The EIS is available for inspection and purchase at the offices of the planning authority. Any member of the public or any organisation may comment on the project and its possible environmental effects. These must be taken into account when the planning decision is made and the decision can be appealed to An Bord Pleanála in the normal way. However, in the case of projects requiring an integrated pollution control licence from the EPA, the environmental pollution aspects of the EIS will be assessed by the Agency - see Question 17 below.
4. What is an EIS?
An Environmental Impact Statement (EIS) contains the developer's analysis of the likely effects, good and bad, of the project on the environment. It will set out any measures to be taken to avoid or moderate any adverse environmental effects and may identify decisions already taken by the developer for this purpose.
5. What does an EIS include?
It must include
· a description of the proposed development;
· data necessary to identify and assess the main effects which it is likely to have on the environment; and
· a description of these effects by reference to many factors such as people, flora, fauna, soil, water, air, landscape, cultural heritage, etc.
Where significant adverse effects are identified, the statement must also include
- a description of the measures envisaged to avoid, reduce or remedy these effects.
The EIS must contain a non-technical summary so that it can be more easily understood by the lay person.
6. What extra information can an EIS contain?
In the EIS, the developer can expand and amplify on any of the required information. Where relevant, the EIS will normally describe the main characteristics of production processes, expected emissions (to air, water, soil, noise, vibration, etc.), any alternatives (e.g. processes or locations) studied by the developer and the reasons for choosing the proposed development, difficulties encountered in preparing the EIS, etc.
7. Do I need help preparing an EIS?
EIS's can be complex documents, sometimes of a highly technical nature, and it will almost certainly be necessary to engage experts in various fields when preparing an EIS. You are strongly advised to contact the planning authority, and the EPA in appropriate cases, for pre-application consultations if your proposal involves preparation of an EIS. These will help you scope the EIS i.e. help identify which aspects should be covered and the amount of detail required.Careful scoping will ensure that your EIS addresses all important issues and help avoid requests for further information, which could delay a decision on your application.
The EPA is preparing guidelines on the content of EISs and these will be published shortly. When they are available, regard must be had to these guidelines when an EIS is being prepared.
8. How long does the EIA process take?
A planning authority cannot make a decision on a planning application with an EIS until 28 days have elapsed, or where the planning authority requires the developer to give further public notice, 28 days after this notice. A planning authority must decide an application with an EIS within 2 months of its receipt, or where further information has been requested from the applicant, within 2 months of receipt of that information. Similar time limits apply where an application for an integrated pollution control licence is made to the EPA.
9. How will I know an EIS has been submitted?
Applicants for planning permission, or for an integrated pollution control licence from the EPA, must publish notice of the application, with details of the EIS, in a locally circulating newspaper. The notice must state the location, nature and extent of the proposed development. Applications must be received within 2 weeks of publication of the newspaper notice, or else further notice will be required. A site notice must also be erected on or before the date the application is made and be kept in position for at least one month after it is submitted. Weekly lists of applications can be circulated on request to residents' associations, interest groups etc.
10. Where can 1 see an EIS?
An EIS is available for public inspection, free of charge, at the planning authority offices during office hours from the date of receipt of the EIS until a decision is made on the planning application by the planning authority or by An Bord Pleanála on appeal. A copy may also be inspected at the headquarters of the EPA, where an application for an integrated pollution control licence has been made.
11. Can I get copies of an EIS?
Yes. Copies of any E.I.S. and of extracts from such a statement can be purchased at a reasonable cost from the planning authority, or the EPA, where an application for an integrated pollution control licence has been made.
12. Can I comment on an EIS?
Yes. Just as with any other planning application, any person or organisation may comment in writing on an application which includes an EIS. The planning authority is obliged to take account of all submissions and observations when making its decision on the application. Comments may be made at any time until the application is decided by the planning authority. Similar arrangements apply in relation to making comments to the EPA on the environmental pollution aspects when an application is made to the Agency for an integrated pollution control licence.
13. Where do I make my comments?
You should address all comments on planning issues relating to an EIS, in writing, to the planning authority dealing with the application. Where the EPA is involved in assessing the proposal, comments on the environmental pollution aspects should be sent to the Agency.
14. Will I be informed of the decision?
Yes. The planning authority and the EPA are obliged to publish, within 7 days, a notice of the decision on any application involving an EIS in a locally circulating newspaper. They will normally also inform by post anyone who has made written comments within 3 days of their decision.
15. Can I appeal against a planning decision?
Yes. Any person can appeal, on payment of a fee to An Bord Pleanála, a planning decision, including one to which an EIS relates. Written observations on someone else's appeal can also be made. The Board must publish a newspaper notice of any appeal received involving an EIS. The EIS and any further information prepared at the request of the Board will continue to be available at the planning authority offices. For details on the appeals process, fees, time limits, etc. see the information page PL.10 - 'Making a Planning Appeal'. In relation to appeal procedures on matters with which the EPA is concerned, see Question 17 below.
16. Can An Bord Pleanála request the submission of an EIS?
When an appeal is made to the Board, and the Board considers the project would have significant effects on the environment, it must require the developer to prepare an EIS, even if the planning authority did not look for one. The processing of the appeal will be held in abeyance until the EIS, and any other information requested, has been received. Public notice of the submission of the EIS will be given by the Board. The EIS will be available for inspection or purchase at the Board's offices (and generally at the offices of the planning authority also). The Board must take into account any comments received from any member of the public who pays the required fee (currently £30).
17. What is the role of the Environmental Protection Agency?
The EPA has responsibility for preventing and controlling environmental emissions from certain activities with potential for significant impact on the environment through the operation of a system of integrated pollution control licences. In the case of activities which need an integrated pollution control licence from the EPA, the Agency will assess those parts of the EIS relating to the environmental pollution issues. Planning authorities (and An Bord Pleanála in the case of appeals) will continue to be responsible for assessing the planning issues arising (e.g. site suitability, location, landscaping, traffic movements and safety, etc.), while the EPA will be concerned with emissions to air and water, the treatment and disposal of waste and the control of noise. The projects to be licenced by the EPA are set out in the First Schedule to the Environmental Protection Agency Act, 1992. These activities are being brought into the licencing system on a phased basis over a number of years.
In the case of projects subject to licensing by the EPA, it will act in the first instance in the manner of a planning authority (ensuring that a complete application is made, taking into account comments made, etc.). It will then give an indication of its proposed determination in a similar manner to a planning authority decision. It will be open to any person to object to this proposed determination to the EPA, within 28 days in the case of the applicant, and 21 days in the case of any other person. The EPA must fully examine any objections before giving its final decision, in due course. The Agency has discretion to hold oral hearings in appropriate cases.
The law governing the planning system in general is set out in the Local Government (Planning and Development) Acts, 1963 to 1993 and the Local Government (Planning and Development) Regulations, 1994 and 1995, Provisions relating to EIA specifically are also set out in the European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989) and the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994. (5.1. No. 84 of 1994). The Roads Act, 1993 governs EIA for roads and motorway projects. The Environmental Protection Agency Act, 1992, and the Environmental Protection Agency (Licensing) Regulations, 1994 (S.I. No. 85 of 1994) set out the arrangements for cases concerning the EPA. All legislation may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin, 2, Telephone (01) 661 3111.