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Mr. John Gormley TD, Minister for the Environment, Heritage
and Local Government, has acknowledged the ECJ ruling on Derrybrien
Wind Farm and Retention Planning for developments that would
normally require an Environment Impact Statement under the
EIA Directive (Click
Here).
The Minister stated that officials in his Department were
considering the detail of the judgment.
The case has two aspects -
- the compatibility of retention planning permission with
the provisions of the EIA Directive - and
- the EIA in respect of the wind-farm at Derrybrien, Co
Galway, where a landslide took place during the construction
phase in 2003.
In relation to the retention permission aspect of the case,
the Minister said - �This isssue� is something that has
caused me concern since coming into office last summer. At
that time, I asked my officials to look at proposals in relation
to addressing this. Under Irish law, it is permissible to
seek retention planning permission for an unauthorised development
- including those developments which would otherwise have
been subject to EIA.
"I recognise that this is a potential weakness in the
implementation of the EIA Directive. Options for removing
or minimising the possibility of retention for unauthorised
developments, which would otherwise have been subject to EIA,
have been examined by my officials. I will be seeking agreement
from Government to bring forward appropriate amending legislation
in this area in the next few weeks.�
Minister Gormley also pointed out that he and his officials
have been engaging proactively with the Commission in an effort
address other potential legal gaps in the transposition of
the EIA Directive and has just signed regulations which -
- removed the exemption for demolition works, where such
works - should they be part of a larger development - would
have required EIA - and
- brought certain private roads within the scope of the
EIA Directive.
In relation to the windfarm at Derrybrien, the Minister stated
- �I am acutely aware of the consequences of this landslide,
which caused pollution of the Owendalulleegh river at Derrybrien
and the killing of 50,000 fish. It is my understanding that
the principal cause of the bog-slip was the adoption by a
contractor of an unsafe practice - i.e. the loading of excavated
soil in an unsafe area - for which the contractor was subsequently
prosecuted and convicted by the District Court.
�I will be examining the ECJ judgement to determine any further
measures which may be required to strengthen the legislation
in this area� - concluded the Minister.
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