4.1 The Regulations primarily describe an extended range of developments within two Schedules – 1 and 2 that respectively will require or are likely to require environmental impact assessment (EIA).
4.2 In particular, there is an increase in the number of categories listed as Schedule 1 projects as well as an increase in the number of development types within some of the categories. EIA for Schedule 1 projects is mandatory in each case.
4.3 The Regulations introduce a “screening” process for all developments described in the Schedules. Schedule 2 projects located in defined “sensitive areas” will all require an EIA if they are likely to have significant effects on the environment. Exclusive thresholds, however, have also been introduced for Schedule 2 projects. Where projects fall below the threshold and are not in a sensitive area, EIA is not required. Where they meet or exceed the threshold or are in a sensitive area, the Department must determine the need for an EIA having regard to indicative criteria and thresholds.
4.4 Extensions or changes to Schedule 1 and Schedule 2 projects fall within the scope of the Regulations. Where the change or extension to a Schedule 1 project would itself fall into Schedule 1, it constitutes a Schedule 1 development and EIA is always required. Otherwise where the change or extension may have significant adverse effects on the environment, it would be a Schedule 2 development.
Other procedures included in the Regulations are :
4.5 Schedule 3 to the Regulations defines the selection criteria that have to be taken into account in making an EIA determination whereas Schedule 4 outlines in general terms the information to be contained in an ES.
5.0 Schedule 1 Developments
5.1 Schedule 1 developments are listed and described in the Regulations. They are developments that are considered to be likely to have significant effects on the environment. They will always require EIA and, therefore, the peparation and submission of an ES.
5.2 Examples of such developments include thermal power stations, chemical installations, motorways, ports, certain waste incinerators, certain waste water treatment works and certain overhead powerlines.
6.0 Schedule 2 Developments
6.1 A Schedule 2 development is a development listed and described in column 1 of Schedule 2 which is either located wholly or in part in a “sensitive area” or meets or exceeds one of the relevant thresholds set out in column 2 of that same Schedule.
6.2 A “ sensitive area” is defined as:
* SR 1995 No. 380
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