EXEMPTIONS

What is an Exemption?

Where the Competent Authority releases a person from their obligation of completing a part or all of the EIA requirements.

Who may apply for an Exemption?

  • Any person to whom a provision of the Environmental Impact Assessment Regulations applies may apply for an Exemption.
  • A person may only be exempted from a provision in the Environmental Impact Assessment Regulations, requiring or regulating a public participation process, if the rights or interests of other parties are not likely to be adversely affected by the Exemption.

The process for applying for an Exemption:

  1. Application for Exemption must be made to the relevant Competent Authority, in writing, and must be accompanied by —
    • an explanation of the reasons for the Application;
    • any applicable supporting documents; and
    • the prescribed Application fee, if any.
  2. The Competent Authority must —
    • within 14 days of receipt of an Application, acknowledge receipt of the Application, in writing;
    • consider whether granting or refusing the Application is likely to adversely affect the rights or interests of other parties.
  3. If rights or interests of other parties are not likely to be adversely affected by the proposed Exemption, the Competent Authority must promptly decide the Application.
  4. If the rights or interests of other parties are likely to be adversely affected by the proposed Exemption,
    • the Competent Authority may —
      • request the Applicant that requested the Exemption to furnish additional information;
      • advise the Applicant of any matter that may prejudice the success of the Application.
    • the Competent Authority must before deciding the Application, request the Applicant to —

Decision:

  1. The Competent Authority must, in writing and within 10 days of having made a decision:
    • notify the Applicant of the decision and provide reasons;
    • inform the Applicant that it may Appeal the decision;
    • request the Applicant to notify potential or registered interested and affected parties of the outcome of the Application, the reasons for the decision, and that they may Appeal the decision.
  2. If Exemption is approved, the Competent Authority must issue a written Exemption notice to the Applicant, stating:
    • the name, address and telephone number of the person to whom the Exemption is granted;
    • the provision of the Environmental Impact Assessment Regulations from which Exemption is granted;
    • the activity for which an Exemption is granted;
    • the conditions on the Exemption, including conditions relating to the transfer of the written Exemption notice; and
    • the period for which Exemption is granted, if the Exemption is granted for a period.

REVIEW OF EXEMPTIONS

Who may review an Exemption?

A Competent Authority may review an Exemption it issued.

Why?

On good grounds.

The process for reviewing an Exemption:

  1. The Competent Authority can, by written notice to the person to whom an Exemption was granted, either withdraw or amend the Exemption notice.
  2. The Competent Authority must before withdrawing or amending an Exemption notice give the person to whom Exemption was granted an opportunity to comment, in writing, on the reasons for the withdrawal or amendment.