Environmental Requirements in Relation to a Proposed Petroleum Development
The legislation associated with Environmental Control of Petroleum Activities is set out as follows:
Petroleum and Other Minerals Development Act, 1960 
as amended by:
Under the Department's Licensing Terms, the holder of a petroleum lease is required to submit a detailed plan of development to the Minister for Communications, Marine and Natural Resources for approval for a commercial discovery of petroleum before development can begin. The plan of development must be accompanied by a statement on the likely effects on the environment known as an Environmental Impact Statement (EIS). The information to be contained in an EIS is as outlined in Article 25 Second Schedule of SI No. 93 of 1999.
Under Section 5 (b) of SI No. 349 of 1989 the Minister may require an applicant who has submitted an EIS to furnish him with such further information as he may specify in relation to the effects on the environment of the proposed working.
In accordance with 12(b)(a) of SI No. 93 of 1999 where an environmental impact statement has been submitted to the Minister, he shall have regard to the statement, to any submission or observations made to him during the prescribed period in relation to the effect on the environment of the proposed working of petroleum.
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Petroleum Development requiring EIS
In accordance with Article 24, First Schedule Part 1 (Paragraph 14 and 16) Part II Paragraph 2(g)(h), Paragraph 10 (i)(i)(ii) of SI No. 93 of 1999 the following developments require an EIS to be submitted with a Plan of Development.
Gas Extraction
All onshore extraction of natural gas.
- Offshore extraction of natural gas within 10 Kilometres of shoreline.
- Extraction of natural gas for commercial purposes where the amount exceeds 500,000m3 per day.
Oil Extraction
Pipelines (Upstream)
- Pipelines for the transport of gas, oil chemical with a diameter of more than 800mm and a length of more than 40 km.
- Oil pipelines and associated installations other than those above where the length of new pipeline would exceed 40 km.
- Gas pipelines and associated installations other than those above where the design pressure would exceed 16 bar and the length of new pipelines would exceed 40 km.
Note: Upstream pipeline means any pipeline from a gas/oil field to a processing plant or terminal or final coastal landing terminal.
Ministers Decision on a Proposed Working of Petroleum in Relation to the Environment
Under Section 12(1)(e) of SI No. 93 of 1999 where the Minister makes a decision on whether a proposed working of petroleum would or would not be likely to have significant effects on the environment he shall arrange to make the said decision available for inspection by members of the public.
Publication of an EIS by an applicant under a Petroleum Lease
Where an EIS has been submitted to the Minister, the applicant shall, as soon as may be, publish in at least one daily newspaper, published in the State a notice in accordance with Section 12(2) of SI No. 349 of 1989 and under section 12 (3) of the said SI make available copies of the EIS for purchase by interested persons for a fee not exceeding the reasonable cost of making a copy.
Furnishing of EIS by a Petroleum Lease Holder to prescribed bodies
Under Paragraph 4 of SI No. 349 of 1989 a Lessee shall as soon as may be, furnish copies of the statement to the prescribed bodies, and shall indicate that submissions or observations may be made to the Minister during the prescribed period in relation to the effects of the environment of the proposed working of petroleum.
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Prescribed Bodies
In accordance with SI No. 141 of 1990 the prescribed bodies are:
Prescribed Period for response by Prescribed Bodies
The prescribed period for a response provided for in SI No. 141 of 1990 shall be:
- In the case of prescribed bodies, one month from the date of issue of a copy of the environmental impact statement to that body; and
- in the case of interested persons, one month from the date of publication in newspapers pursuant to Section 13A (2) of the Petroleum and Other Minerals Development Act, 1960 of a notice giving details of the application and the place where a copy of the environmental impact statement may be inspected or purchased.
Legislative provisions for Scoping an EIS
In preparation of an EIS the scope of the study should be determined.Under Section 12(1)(g) of SI No. 93 of 1999 a person who is required to submit an EIS in respect of a proposed development is entitled to require the competent authority (Minister for Communications, Marine and Natural Resources) to provide an opinion on the information to be contained in the statement.Under Section 12(1)(h) of the said SI the giving of a written opinion shall not prejudice the exercise by the Minister of his powers to acquire the person who made the request to furnish further information.
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Procedure for Assessing an EIS by the Minister
The EIS will be assessed by the Minister and he will refer it to the prescribed bodies as outlined in SI No. 141 of 1990.
Following this consultation process the Minister will make a decision to refuse or grant permission or seek additional information have regarding to the information contained in the EIS.
Decision by Minister on EIS
When a decision is made by the Minister on the application for approval for working of petroleum in respect of which an EIS has been submitted the Minister shall:
- publish notice of his decision in the Iris Oifigiuil and in at least one daily newspaper published in the State and
- make arrangements to have the said statement and information on the decision available for inspection by members of the public during the period to be specified by him.
All relevant Acts and SI's can be accessed on the Irish Statute Book Website.
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