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S.L. 549.46 · Environmental Impact Assessment (S.L. 549.46)

S.L. 549.46 Art. 5Exceptional cases meriting exemption.

PART II

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(1) Without prejudice to Part VII, the Authority may, in exceptional cases, exempt a specific project from the provisions of these regulations, where the application of those provisions would result in adversely affecting the purpose of the project, provided the objectives of these regulations are met. In such case the Authority shall, in a timely manner prior to the granting of consent:

(a) consider whether another form of assessment would be appropriate;

(b) make available to the public concerned the information obtained under other forms of assessment referred to in paragraph (a), the information relating to the decision granting exemption, the reasons for granting exemption, and the terms, conditions and limitations of the exemption; and

(c) inform the Minister that this sub-regulation has been used, and provide him with the reasons justifying the exemption and with the information referred to in paragraphs

(a) and (b).

(2) The Minister shall, upon receipt of this information, and prior to the granting of the development consent, inform the Commission of the European Union accordingly.