Ó An Roinn Caiteachais Phoiblí, Seachadta ar an bPlean Forbartha Náisiúnta, agus Athchóirithe; Oifig Na nOibreacha Poiblí
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Notice under the EUROPEAN COMMUNITIES (ASSESSMENT AND MANAGEMENT OF FLOOD RISKS) REGULATIONS 2010-2015 – Order of Minister for Public Expenditure and Reform under Regulation 19 approving 29 Flood Risk Management Plans.
The Commissioners of Public Works in Ireland, in pursuance of Regulation 19 of the European Communities (Assessment and Management of Flood Risks) Regulations 2010 (S.I. No 122 of 2010) submitted 29 Flood Risk Management Plans, listed below, to the Minister for Public Expenditure and Reform for approval.
The Minister for Public Expenditure and Reform, in pursuance of the powers conferred on him by Regulation 19 and of all other powers enabling him in that behalf, approved the said Flood Risk Management Plans on 16 April 2018. A copy of the Order dated 16 April 2018 is available here: CFRAM Ministerial Approval Order .
In approving the plans, the Minister has prepared for each plan an AA Determination stating that the Flood Risk Management Plan will not adversely affect the integrity of a Natura 2000 Site or Sites and has determined, on the basis of the Strategic Environmental Assessment, that the Flood Risk Management Plan is not likely to have a significant effect on the environment.
Further information relating to each of the plans, including flood maps and related environmental assessments and Natura Impact Statements, can be found on the OPW’s website: floodinfo.ie
The following table lists the 29 Flood Risk Management Plans, the Strategic Environmental Assessment & Natura Impact Assessment Review undertaken on behalf of the Minister for Public Expenditure and Reform, and the Appropriate Assessment Determination.
Information for the public on the procedures available to review the substantive and procedural legality of the decision
A person wishing to challenge the validity of the decision may do so by way of judicial review only. A Judicial Review is a review of the decision making process such as failure to follow fair procedures, failure to consider relevant factors and failure to comply with statutory requirements.
The validity of a decision by the Minister may only be questioned by making an application for judicial review under Order 84 of The Rules of the Superior Courts (S.I. No. 15 of 1986). Any application for judicial review must be made within 8 weeks of the decision of the Minister. The Courts do not adjudicate on the merits of the development from the perspectives of the proper planning and sustainable development of the area and/or effects on the environment. The general provision is that in such cases each party shall bear its own costs.
Disclaimer: The above is intended for information purposes. It does not purport to be a legally binding interpretation of the relevant provisions and it would be advisable for persons contemplating legal action to seek legal advice.