Electricity Development
Introduction
This Act is to provide for emergency measures for electricity generation development to ameliorate and protect security of supply of electricity in the State because exceptional circumstances have arisen in the market for that supply and further because of the situation in Ukraine. The Act will allow for the disapplication of the Planning and Development Act 2000 for the purpose of such development.
It will also allow for such development to be exempt from the provisions of Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014, in accordance with Article 2(4) of that Directive.
The Act will provide for the application of arrangements for the alternative assessment of such development for the purposes of that Directive and the appropriate assessment of such development for the purposes of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended and for the co-ordination of such assessments. The Act will also provide for related matters.
Designation of development
A specific electricity generation project of up to 450 megawatts of temporary emergency generation and ancillary works, intended to be located on two separate sites at Shannonbridge and Tarbert generation stations is a designated development for the purposes of the Act and required for the purpose of ensuring security of electricity supply. This sets out that the designated development may take place on a phased basis and is not likely to have significant transboundary effects.
The Planning and Development Act 2000 is disapplied.
Eirgrid or any other person may apply to the Minister for the Environment, Climate and Communications for approval to carry out a designated development.
Arrangements for Environmental Impact Assessment
The designated development shall be exempt from the provisions of the EIA Directive on the basis that the designated development is an exceptional case allowable under the Directive and that the application of the Directive would adversely affect the purposes of designated development. The Minister is to  arrange for an alternative assessment to be carried out and that this assessment is carried out by An Bord Pleanála. It also sets out that this assessment of the designated development carried out by An Bord Pleanála is co- ordinated with any appropriate assessment pursuant to the requirements of the Habitats Directive.
An assessment of the designated development shall be carried by An Bord Pleanála for the purposes of the Habitats Directive in accordance with the relevant regulations, subject to modifications that the Minister may prescribe.
Decision of Minister
Having considered an application and associated assessments (including any mitigation measures), the Minister may approve, approve in part, or refuse to approve the designated development. It also provides for instances where a derogation is granted for the purposes of Article 16 of the Habitats Directive and the associated relevant notification procedures.
Before making a decision to approve in part or whole, the Minister is required under this section to notify the European Commission that the designated development is exempt from the EIA Directive and the reasons for granting the exemption, along with a copy of information provided to members of the public in relation to the assessment.
The designated development shall be carried out in compliance with an approval given by the Minister