PLANS AND PROGRAMMES (PUBLIC PARTICIPATION) REGULATIONS (publicparticipation)

PLANS AND PROGRAMMES (PUBLIC PARTICIPATION)

SUBSIDIARY LEGISLATION 549.41

PLANS AND PROGRAMMES

(PUBLIC PARTICIPATION) REGULATIONS

24th March, 2006

LEGAL NOTICE 74 of 2006.

(1) The title of these regulations is the Plans and

Programmes (Public Participation) Regulations.

(2) These regulations implement the provisions of Article 2 of

Directive 2003/35/EC of the European Parliament and of the

Council of 26 May 2003, providing for public participation in

respect of the drawing up of certain plans and programmes relating

to the environment and amending, with regard to public

participation and access to justice, Council Directive 85/337/EEC

and 96/61/EC.

PROVISIONS FOR PLANS AND PROGRAMMES

REFERRED TO IN ARTICLE 3

(a)

Regulation 7(1) of the Waste Regulations.

(b) Regulation 7 of the Waste Management (Waste Batteries

and Accumulators) Regulations.

(c) Regulation 4(4) of the Protection of Waters against

Pollution caused by Nitrates from Agricultural Sources

Regulations.

(d)

Regulation 4(3) of the Waste Regulations.

(e) Regulation 10(1)(b) of the Waste Management (Packaging

and Packaging Waste) Regulations.

(f)

Regulation 7(2) of the Ambient Air Quality Regulations.

For the purposes of these regulations

"the public" means one or more natural or legal persons and, in

accordance with national legislation or practice, their associations,

organisations or groups;

"the competent authority" means the Environment and Resources

Authority.

(1) The competent authority shall ensure that the public is

given early and effective opportunities to participate in the

preparation and modification or review of the plans or programmes

required to be drawn up under the provisions listed in the Schedule.

(2)

The competent authority shall ensure that

(a) the public is informed, whether by public notices or

other appropriate means such as electronic media

where available, about any proposals for such plans or

programmes or for their modification or review and

that relevant information about such proposals is made

available to the public including inter alia information

about the right to participate in decision making and

about the competent authority to which comments or

questions may be submitted;

(b) the public is entitled to express comments and

opinions when all options are open before decisions on

the plans and programmes are made;

(c) in making those decisions, due account shall be taken

of the results of the public participation;

(d) having examined the comments and opinions

expressed by the public, the competent authority

makes reasonable efforts to inform the public about the

decisions taken and the reasons and considerations

upon which those decisions are based, including

information about the public participation process.

PLANS AND PROGRAMMES (PUBLIC PARTICIPATION)

(1) The competent authority shall identify the public

entitled to participate for the purposes of regulation 3(1), including

relevant non-governmental organisations meeting any requirements

i m p o s e d u n d e r n a t i o n a l l a w, s u c h a s t h o s e p r o m o t i n g

environmental protection.

(2) The detailed arrangements for public participation under

regulation 3(2) shall be determined by the competent authority so

as to enable the public to prepare and participate effectively.

(3) Reasonable time-frames shall be provided allowing

sufficient time for each of the different stages of public

participation required by these regulations.

(1) These regulations shall not apply to plans and

programmes designed for the sole purpose of serving national

defence, or taken in case of civil emergencies.

(2) These regulations shall not apply to plans and programmes

set out in the schedule to these regulations for which a public

p a r t i c i p a t i o n p r o c e d u r e i s c a r r i e d o u t u n d e r t h e St r a t e g i c

Environmental Assessment Regulations, or under the Water Policy

Framework Regulations.