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Section 40 and Plan of Development Applications

2008

On 28 April 2008, following the submission by SEPIL of an application to construct a pipeline pursuant to Section 40 of the Gas Act 1976 as amended, along with an application submitted on 8 May 2008 for revisions to the Plan of Development under Section 13 of the Petroleum and Other Minerals Development Act 1960, the developer was instructed to publish an EIS and invite written comments/observations to the Minister for Communications, Energy and Natural Resources, notices were also required to be sent to the prescribed bodies.

On the 15 March 2002 the Minister for the Marine and Natural Resources decided to include further bodies in the Public Consultation Process for consents under the following legislation- the Foreshore Acts, 1933 to 1998, the Gas Acts 1976 to 2002 and the Petroleum and Other Minerals Development Act, 1960 as amended, by way of an administrative order.

The full list of prescribed bodies are:

Following a public procurement process, this Department engaged AEA Technology to evaluate the Environmental Impact Statment accompanying this application. AEA' s assessment included consideration of all submissions received on foot of the public consultation process. In its preliminary assessment of the EIS, AEA on the 13 August 2008 identified a number of elements of the EIS requiring additional information. DCENR requested the additional information from SEPIL by letter dated 19 August 2008. SEPIL by letter dated the 16 September 2008 provided the additional information in the form of a Supplementary Report to the EIS. In its assessment of the Supplementary Report AEA, identified a number of items that required further clarification or action. These items were set out in a letter to the Department dated 24 October 2008. The Department sought further clarification from SEPIL by letter dated 13 November 2008.

As part of its evaluation of the engineering fitness for purpose of the proposals in the application, the Department identified a number of issues which required clarification or additional information from SEPIL. These issues were raised with SEPIL by letter dated 14 July 2008.

Withdrawal of 2008 Application

SEPIL informed the Department by letter dated 23 January 2009 that they were withdrawing the 2008 application for consent to construct an upstream gas pipeline as submitted on the 28 April 2008.

In relation to the additional information requested by the Department which was still outstanding, SEPIL outlined in a letter also dated 23 January 2009 how they proposed to deal with all outstanding requests in a new application to be submitted.

2009

On the 9 February 2009, SEPIL submitted an application to construct a pipeline pursuant to Section 40 of the Gas Act 1976 as amended, and an application for revisions to the Plan of Development under Section 13 of the Petroleum and Other Minerals Development Act 1960. The developer was instructed to publish the EIS and invite comments/observations to the Minister for Communications, Energy and Natural Resources. Notices were also required to be sent to the prescribed bodies.

On 6 May 2009 the Department re-engaged AEA Technology in relation to the carrying out of a statutory assessment of an EIS accompanying an application to construct a pipeline by SEPIL.

Withdrawal of 2009 Application

By letter dated 31 May 2010, SEPIL informed the Department that they were withdrawing the 2009 application for consent to construct an upstream gas pipeline as submitted on the 9 February 2009.

2010

On the 31 May 2010, SEPIL submitted an application to construct a pipeline pursuant to Section 40 of the Gas Act 1976 as amended, and an application for revisions to the Plan of Development under Section 13 of the Petroleum and Other Minerals Development Act 1960. As per previous years, the developer was instructed to publish the EIS and invite written comments/observations to be made to the Minister for Communications, Energy and Natural Resources. The closing date for receipt of submissions was 30 July 2010.