Date post: | 03-Jan-2016 |
Category: |
Documents |
Upload: | ellen-norman |
View: | 215 times |
Download: | 1 times |
LEGISLATIVE DEVELOPMENTS
IN NATURE CONSERVATION
AND HABITATS LAW IN 2011
Margaret Austin29 March 2012
2
Habitats & Appropriate Assessment (“AA”)Habitats & Appropriate Assessment (“AA”)
• Part XAB of the Planning & Development Acts 2000-2011
• New definitions
• “European site”; “land use plan”
• Natura Impact Statement (“NIS”) and Natura Impact Report
(“NIR”)
• NIR for land use plans, NIS for consent for proposed
development
3
Appropriate Assessment (“AA”)Appropriate Assessment (“AA”)
•Screening for AA
screening before plan made or consent given for proposed development
•“Competent Authority” must assess:
in view of best scientific knowledge
if land use plan or proposed development
individually or in combination with another plan or project
is likely to have significant effect on a European site
if cannot exclude plan or development will have significant effects, AA required
4
Appropriate Assessment (“AA”)Appropriate Assessment (“AA”)
•Competent Authority to determine:
under Article 6.3 of the Habitats Directive
whether proposed plan or development
would adversely affect the integrity of a European site
•Can only make plan or give consent, if:
determine would not adversely affect the integrity of the European site
Cont’d…..
5
Appropriate Assessment (“AA”)Appropriate Assessment (“AA”)
•Land Use Plans (“LUP”):
if LUP will adversely affect the integrity of the European site and
no alternative solution
can decide should be made for IROPI
•Detailed procedural mechanism for Ministerial consideration of IROPI
and compensating measures
Cont’d…..
6
Appropriate Assessment (“AA”)Appropriate Assessment (“AA”)
• Statement of Case and NIR to the Minister
• If site hosts priority habitat type or priority species:
more limited IROPI
opinion of EU Commission
• Consultations
• Minister issues notice to the Competent Authority
• Competent Authority decides
Cont’d…..
7
Appropriate Assessment (“AA”)Appropriate Assessment (“AA”)
•Similar procedural mechanism for consent for proposed
development
•Statement of Case and NIS to the Minister
•3 courses of action open to the Minister
•Competent Authority decides
•Requirement for AA for LA development
Cont’d…..
8
Habitats & Planning RegulationsHabitats & Planning Regulations
•Land reclamation exemption changed
•New Article 8 exempts:
field drainage
land reclamation consisting of recontouring of land, infilling of soil within a farm
removal of field boundaries
•Article 9 re de-exemptions extended re monuments
9
Habitats & Planning RegulationsHabitats & Planning Regulations
•Works on places, caves …. objects of archaeological, geological,
ecological interest, the preservation, conservation or protection of
which is an objective of a development plan, LAP, draft plan or draft
variation
•Development for which AA required not exempt
•Development likely to have adverse impact on NHA not exempt
•Thresholds on EIA for agricultural works and wetlands changed
Cont’d…..
10
Habitats & Planning RegulationsHabitats & Planning Regulations
• New Article 103 on sub-threshold development:
more nuanced requirement for determination on whether EIS required
if proposed sub-threshold development located “on or in or has potential to impact on …….”
“a place, site or feature of ecological interest, the preservation or conservation of which is an objective of a development plan ….”
proposed Natural Habitat Areas
Cont’d…..
11
Habitats & Planning RegulationsHabitats & Planning Regulations
•Procedures re strategic infrastructure and submission of NIS:
public notification and consultation procedures re NIS
•Board can direct production of NIS (PADA)
•Substitute Consent:
• public notification and consultation procedures
Cont’d…..
12
Habitats & Planning RegulationsHabitats & Planning Regulations
•No outline permission for development requiring an NIS
•AA applicant submits or may be directed to submit NIS 10 copies, 1 electronic copy newspaper notice
•Regulations on AA cross refer to other regulations on EIS
procedures
Cont’d…..
13
Appropriate Assessment and Planning RegulationsAppropriate Assessment and Planning Regulations
•Procedural requirements – application for substitute consent
•Procedural requirement for AA and submission of NIS
14
European Communities (Birds & Natural Habitats) European Communities (Birds & Natural Habitats) Regulations 2011Regulations 2011
• Repeals the 1997 Regulations
• System of Ministerial consent for activities
any operation or activity likely to impact on the physical environment or on wild flora or fauna or on the habitats of wild flora and fauna
excludes activities given consent under other statutory consent regimes – Schedule 2
excludes development under PADA 2000-2011
15
European Communities (Birds & Natural Habitats) European Communities (Birds & Natural Habitats) Regulations 2011Regulations 2011
• Conservation of natural habitats, habitats of species
Minister to establish priorities for designation of sites as SAC and SPA
• To undertake surveillance and monitoring of conservation status of
the natural habitats and species, especially priority habitats and
species (Article 2 of Habitats Directive) and of birds (Article 1 of
Birds Directive)
Cont’d…..
16
European Communities (Birds & Natural Habitats) European Communities (Birds & Natural Habitats) Regulations 2011Regulations 2011
• Identification of sites for consideration as SCI:
notification of candidate sites to specified bodies
notification of owners and occupiers of land in cSCI of inclusion on list
public notice
system for objections to be made
• Adoption by EU Commission, designation as SAC, notification
Cont’d…..
17
European Communities (Birds & Natural Habitats) European Communities (Birds & Natural Habitats) Regulations 2011Regulations 2011
• Identification and notification of cSPA:
notification of cSPA to specified bodies
notification of owners and occupiers of land included in the cSPA
public notice
• Classification and notification:
notice operates to classify as SPA
Cont’d…..
18
European Communities (Birds & Natural Habitats) European Communities (Birds & Natural Habitats) Regulations 2011Regulations 2011
• Minister to establish conservation objectives and measures to achieve
objectives
• Duties of public authorities
• Ministerial direction – activity may not be carried out without consent:
will not apply if consent under PADA 2000-2011
consents under Schedule 2 of Regulations
• Ministerial direction to control specified activities:
can direct activity will not be carried out
restrict or regulate the activity
Cont’d…..
19
European Communities (Birds & Natural Habitats) European Communities (Birds & Natural Habitats) Regulations 2011Regulations 2011
• Derogation consents by applicant:
Minister to make scientifically based assessment of impacts
screening for AA
consent only if satisfied activity will not adversely affect the integrity of the
European site
can invite public opinion and can revoke consents
if Minister believes application is for development and not exempted
development, can ask Board to determine
Cont’d…..
20
European Communities (Birds & Natural Habitats) European Communities (Birds & Natural Habitats) Regulations 2011Regulations 2011
• Objections to Ministerial Directions
• Review of Ministerial Directions
• Creation of offences:
carrying out activity within or outside European site
enters, occupies, brings or releases animals or objects
likely to have significant effect or adversely affect the integrity of the
European site
extensive Gardaí powers
Cont’d…..
21
European Communities (Birds & Natural Habitats) European Communities (Birds & Natural Habitats) Regulations 2011Regulations 2011
• Minister can direct restoration
restoration warrant
• Injunctions
• Threat response plans
Cont’d…..
22
European Communities (Birds & Natural Habitats) European Communities (Birds & Natural Habitats) Regulations 2011Regulations 2011
• Part 5 of Regulations incorporates AA into consent procedures (other
than those under PADA)
• Applies to “plans” and “projects”
plan – statutory or non-statutory that establishes public policy on land use
and infrastructure development
extraction or exploitation of mineral resources
renewable energy resources
that’s to be considered for adoption, authorisation, approval or for the
grant of licence, permit, etc.
includes public authority’s own land use plans and projects
Cont’d…..
23
European Communities (Birds & Natural Habitats) European Communities (Birds & Natural Habitats) Regulations 2011Regulations 2011
• Public authority must carry out screening for AA
must have regard to cumulative effect of plans or projects when
screening and carrying out AA
can request NIS + opinion of the public
• Process similar to that under Part XAB of PADA
Cont’d…..
24
THANK YOUTHANK YOU
MARGARET AUSTINMARGARET AUSTIN
LEGISLATIVE DEVELOPMENTS
IN NATURE CONSERVATION
AND HABITATS LAW IN 2011
Margaret Austin29 March 2012