Information Leaflet 5: Environmental Impact Assessment
Who decides whether EIA is necessary?
A developer may decide that his project falls within Schedule 1 or that it meets or exceeds the thresholds in Schedule 2 or is in or partly in a sensitive area, and submit an ES with his planning application. He may also apply to the Department asking them to determine if EIA is required. He should ask the Department as soon as he can provide a basic minimum information on the proposal.
More often, it will probably fall to the Department to determine if the application is an EIA application. It should be noted that if an application is an EIA application it cannot be processed until the ES is received.
What if I do not accept the determination?
A developer who does not accept the Department's determination may seek a hearing before the Planning Appeals Commission (PAC).The Department will take into account the Report of the PAC before confirming, amending or withdrawing its determination.