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7. Insert after Regulation 9—
9A.—(1) An environmental impact assessment is a process consisting of—
(a)the preparation of an environmental statement by the developer as laid out in Schedule 3 Part 1;
(b)the carrying out of consultation, publication and notification as required by this Part of the regulations;
(c)the examination by the Department of the information presented in the environmental statement and any supplementary information provided, where necessary, by the developer in accordance with Schedule 3 Part 2, and any relevant information received through the consultations in regulation 11;
(d)the reasoned conclusion by the Department on the significant effects of the project on the environment, taking into account the results of the examination referred to in sub-paragraph (c) and where appropriate, its own supplementary examination; and
(e)the integration of the Department’s reasoned conclusion into the decision notice in accordance with regulation 16.
(2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the proposed development, the direct and indirect effects of the proposed development on the factors specified in paragraph (3) and the interaction between those factors.
(3) The factors are—
(a)population and human health;
(b)biodiversity, and in particular species and habitats protected under the Habitats Directive and the Birds Directive;
(c)land, soil, water, air and climate;
(d)material assets, cultural heritage and the landscape.
(4) The effects to be identified, described and assessed under paragraph (2) include the expected effects deriving from the vulnerability of the project to risks, so far as relevant to the project, of major accidents and/or disasters.
(5) An environmental impact assessment to be carried out in relation to a determination of an application for consent under these Regulations must identify the likely significant effects of the proposed project on the environment before a decision to grant consent for that project is made.
(6) The Department must ensure that they have, or have access as necessary to, sufficient expertise to examine the environmental statement.”
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