RED III Scoping Guide: Appendices

Appendices:

Appendix 1: Article 94 – Content of EIAR

Appendix 2: Prescribed Bodies under Article 213

Appendix 3: Schedule 6 Information contained in the EIAR

Appendix 4: Section 233 Planning and Development Act 2024

Appendix 5: Examples of Scoping Reports and Opinions

Appendix 2: Prescribed Bodies under Article 213

The prescribed bodies set out in Article 213(1) are as follows:

• (a)  the Minister for the Environment, Heritage and Local Government,
• (b)  the Minister for Communications, Marine and Natural Resources,
• (c)  the planning authority or authorities in the area or areas in which it is proposed to situate the proposed development,
• (d)  the National Roads Authority,
• (e)  where the land or structure is situated in an area of special amenity, whether or not an order in respect of that area has been confirmed under section 203 (or deemed to be so confirmed under section 268(1)(c)) of the Act, or that the development or retention of the structure might obstruct any view or prospect of special amenity value or special interest - An Chomhairle Ealaíon, Fáilte Ireland and An Taisce - the National Trust for Ireland,
• (f)  where the development might obstruct or detract from the value of any tourist amenity or tourist amenity works - Fáilte Ireland,
• (g)  where the development —
  • (i)  would involve the carrying out of works to a protected structure or proposed protected structure, or to the exterior of a structure which is located within an architectural conservation area,
  • (ii)  might detract from the appearance of a structure referred to in sub-paragraph (i),
  • (iii)  might affect or be unduly close to —
    • (I)  a cave, site, feature or other object of archaeological, geological, scientific, ecological or historical interest,
    • (II)  a monument or place recorded under section 12 of the National Monuments (Amendment) Act, 1994 (No. 17 of 1994),
    • (III)  a historic monument or archaeological area entered in the Register of Historic Monuments under Section 5 of the National Monuments (Amendment) Act, 1987 (No. 17 of 1987),
    • (IV)  a national monument in the ownership or guardianship of the Minister under the National Monuments Acts, 1930 to 1994,
    or
  • (iv)  might obstruct any scheme for improvement of the surroundings of or any means of access to any structure, place, feature or object referred to in sub-paragraph (iii),
• (h)  where the area of any local authority might be affected by the development - that local authority,
• (i)  where the development would not be consistent with or would materially contravene any regional planning guidelines (or any objective thereof) of a regional authority - that regional authority,
• (j)  where the development
  • (i)  might cause the significant abstraction or addition of water either to or from surface or ground waters, whether naturally occurring or artificial,
  • (ii)  might give rise to significant discharges of polluting matters or other materials to such waters or be likely to cause serious water pollution or the danger of such pollution, or
  • (iii)  would involve the carrying out of works in, over, along or adjacent to the banks of such waters, or to any structure in, over or along the banks of such waters, which might materially affect the waters,
  — Inland Fisheries Ireland and, in any case where the waters concerned are listed in Part 1 of Annex 1 of the Schedule to the British-Irish Agreement Act, 1999 (No. 1 of 1999), Waterways Ireland,
• (k)  where the development might endanger or interfere with the safety of, or the safe and efficient navigation of, aircraft - the Irish Aviation Authority,
• (l)  where the development might interfere with the operation and development of a licensed airport, whose annual traffic is not less than 1 million
• • (m) where the development may have an impact on bus or rail-based transport, Córas Iompair Éireann and the Railway Procurement Agency, as appropriate,
  • (n) where the development might significantly impact on surface transport in the Greater Dublin Area, the Dublin Transportation Office (or any body that replaces that office),
  • (o)  where the development might significantly impact on transport or maritime navigation, the Minister for Transport,
  • (p)  where the development comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence — the Environmental Protection Agency;
  • (q)  where the development might have significant effects in relation to nature conservation — the Heritage Council and An Taisce - the National Trust for Ireland,
  • (r)  where the development is in a Gaeltacht area and it appears to the Board that it might materially affect the linguistic and cultural heritage of the Gaeltacht, including the promotion of Irish as the community language - the Minister for Community, Rural and Gaeltacht Affairs and Údarás na Gaeltachta,
  • (s)  where the development is in the vicinity of an explosives factory, storage magazine or local authority explosives store - the Minister for Justice, Equality and Law Reform,
  • (t)  where the application could result in, or requires initial afforestation or the removal of broadleaf high forest - the Minister for Agriculture and Food and the Heritage Council,
  • (u)  where the development might have significant effects on public health - the Health Service Executive,
  • (v)  where the application relates to the development of energy infrastructure, or may have an impact on energy infrastructure - the Commission for Energy Regulation, and
  • (w)  where the development might—
    • (i)  give rise to a significant increase in the volume or type of traffic (including construction traffic) passing under a height restricted railway bridge, or using a railway level crossing, or a bridge over a railway,
    • (ii)  because of its proximity to a railway, impact on the structural integrity of railway infrastructure during construction of the development, or
    • (iii)  endanger or interfere with the safe operation of a railway, during or after construction,
    — the railway operator, the Railway Safety Commission, and, in the case of development which might impact on a light railway or metro, the Railway Procurement Agency,
  • (x)  — to Irish Water.

  (2) A notice to prescribed bodies under sections 37E(3)(c), 181A(3)(b), 182A(4)(a) or 182C(4)(a) shall indicate the types of decision the Board may make in relation to the application and shall include one copy of the application and EIAR and, where the application is accompanied by an NIS, of the NIS (or where the person or body consents to the receiving of information in that form, in electronic form).

  (3) The Board may, at any time, require the applicant to send copies or additional copies of an application and EIAR and, where the application is accompanied by an NIS, of the NIS (including copies in electronic form) to any body or person as it may determine (emphasis added).