Environmental Screening Determinations and Decisions - State Mining Facilities

A mine for a scheduled mineral in Ireland is subject to obtaining three separate State authorisations:

• planning permission from the relevant local authority;
• an Integrated Pollution Control (IPC) or Industrial Emissions (IE) licence from the Environmental Protection Agency (EPA);
• a State Mining Licence / Lease / Permission from the Minister, collectively referred to as State Mining Facility (SMF).

A SMF is only granted or renewed when planning permission and a relevant EPA Licence are in place. The required duties and assessment under the EIA Directive and appropriate public consultation are fulfilled at these stages. During the granting or renewal of a SMF, the Minister:

• makes a Determination on Screening for Appropriate Assessment in accordance with the EC (Birds and Natural Habitats) Regulations 2011-2021.
  
• assesses whether the project is compliant with the EU Water Framework Directive (WFD)(2000/60/EC). In order for the project to be deemed WFD compliant, the Minister must be satisfied that:
  a. there will be no risk of deterioration (also considering cumulative impacts) in the status of WFD waterbodies;
  b. there will be no impact to the standards and objectives of the protected areas.

Below are recent environmental assessments related to the granting or renewal of State Mining Facilities (SMFs).