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S.I. No. 168 of 2006
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European Communities (Environmental
Impact Assessment) (Forestry Consent System) (Amendment) Regulations 2006
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I, Mary Coughlan,
Minister for Agriculture and Food in exercise of the powers conferred on me
by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the
purpose of giving full effect to Council Directive No. 85/337/EEC of 27 June
19851 , as amended by
Council Directive No. 97/11/EC of 3 March 19972 and Directive No. 2003/35/EC of the European Parliament
and of the Council of 26 May 20033 , in so far as these Directives relate to the forest
consent system, hereby make the following regulations-
1. (1) These Regulations may be cited
as the European Communities (Environmental Impact Assessment) (Forestry
Consent System) (Amendment) Regulations 2006.
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(2) These Regulations and the European
Communities (Environmental Impact Assessment) Regulations 1989 to 2001 shall
be construed as one and may be collectively cited as the European
Communities (Environmental Impact Assessment) Regulations, 1989 to 2006.
2. The European
Communities (Environmental Impact Assessment) (Amendment) Regulations 2001 (
S.I. No. 538 of 2001 ) are amended-
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(a) by
the insertion, after Regulation 7, of-
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“7A A word
or expression that is used in Council Directive No. 85/337/EEC of 27 June
1985 (as amended by Council Directive No. 97/11/EC of 3 March 1997 and
Directive No. 2003/35/EC of the European Parliament and of the Council of 26
May 2003) (“the Council Directive”) that is also used in this Part has, in
this Part, the same meaning as it has in the Council Directive.”,
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(b) by
the substitution, for Regulation 17(2)(b) of- “(b) make available to the
public concerned the information obtained under other forms of assessment
referred to in sub-paragraph (a), the information relating to the exemption
decision and the reasons for granting it.”
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(c) by
the insertion, after Regulation 23, of- “23A Where an application is
accompanied by an EIS, the Minister shall comply
with Articles 6(2) and 6(3) of the Council Directive.”
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(d) by
the insertion, after Regulation 24(c), of- “(d) comply with Articles 6(2)
and 6(3) of the Council Directive.”
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(e) by
the insertion, after Regulation 26(c), of- “(d) comply with Articles 6(2)
and 6(3) of the Council Directive.”,
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(f) by
the insertion, after Regulation 27(3)(a)(ii), of- “(iii) comply with
Articles 6(2) and 6(3) of the Council Directive.”,
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(g) in
Regulation 29, by the insertion after “EIS”, of-
“and any other related information as required by Article 6(3) of the
Council Directive”
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(h) by
the insertion, after Regulation 30(3), of-
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“(4) Information
furnished in accordance with paragraph (1) must conform with Article 7 of
the Council Directive.”, and
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(i) by
the substitution, for Regulation 32, of-
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“32(1) In addition to the requirements of
Regulation 13, a notice under that Article shall, in the case of an
application to which this Chapter applies, conform with Article 9(1) of the
Council Directive and be sent to-
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(a) a person who made a submission
or observations in accordance with Regulations 24 or 26, and
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(b) a relevant transboundary state.
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(2) The Minister shall, after he or
she makes a decision to which this Chapter applies or after being informed
of a decision made by the competent authority of a transboundary state
arrange to make the information referred to in Article 9(1) of the Council Directive
available to members of the public in a manner and for a period that the
Minister considers appropriate.”.
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GIVEN under my Official Seal,
6th April 2006
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Mary Coughlan
Minister for Agriculture and Food
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Explanatory Note
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(This note is not part of the
instrument and does not purport to be a legal interpretation)
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These Regulations give effect to Directive
No. 2003/35/EC of the European Parliament and of the Council of 26 May 2003,
in so far as the Directive relates to the forest consent system.
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1 O.J. No. L 175 of
5.7.1985, p.40.
2 O.J. No. L 73 of
14.03.1997, p.5.
3 O.J. No. L 156 of
25.6.2003, p.17.
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