S.L. 545.43 Art. 38Permit-granting procedure in renewables acceleration areas.    S.L. 549.46.       S.L. 549.46.  S.L. 549.44.             S.L. 549.61.    S.L. 549.44.    S.L. 549.46.     S.L. 549.46.  S.L. 549.44.

(1) The permit-granting procedure referred to in regulation 37 shall not exceed twelve (12) months for renewable energy projects in a renewables acceleration area and shall not exceed two (2) years for offshore renewable energy projects in a renewables acceleration area.

(2) The time frames referred to in sub-regulation (1) may, on the ground of extraordinary circumstances, be extended by up to six

(6) months.

(3) The permit-granting procedure for the following shall not exceed six (6) months when located in a renewables acceleration area:

(a) the repowering of renewable energy power plants;

(b) new installations with an electrical capacity of less than one hundred and fifty kilowatts (150 kW);

(c) co-located energy storage, including power and thermal facilities;

(d) the grid connection of all of the above:

Provided that where justified on the grounds of extraordinary circumstances, this period may be extended by up to three (3) months.

(4) The permit-granting procedure for offshore wind energy projects located in a renewables acceleration area shall not exceed twelve (12) months:

Provided that where justified on the grounds of extraordinary circumstances, this period may be extended by up to six

(6) months.

(5) For the purposes of sub-regulations (2), (3) and (4) extraordinary circumstances shall include grounds of overriding safety reasons where the repowering project has a substantial impact on the grid or on the original capacity, size or performance of the installation, and where time frames are so extended the relevant authority shall clearly inform the project developer of the extraordinary circumstances that justify such an extension. SOURCES

(6) Without prejudice to sub-regulations (9) to (16), by way of derogation from regulation 10(2) of the Environmental Impact

Assessment Regulations and from and from items 3.1.2.1, 10.0.2.7,

3.4.1.1, 3.4.2.1, 10.0.2.2, 3.3.2.1, 3.3.2.2, and 10.0.1.2 and 10.0.2.3 alone or in conjunction with item 10.0.1.1 of Schedule I to the said regulations, with regard to renewable energy projects, new applications for renewable energy plants, including plants combining different types of renewable energy technology and the repowering of renewable energy power plants in designated renewables acceleration areas for the relevant technology and co-located energy storage, as well as the connection of such plants and storage to the grid, shall be exempt from the requirement to carry out a dedicated environmental impact assessment pursuant to regulation 6(1) of the said regulations, provided that those projects comply with paragraph (b) of regulation 34(2).

(7) The derogation referred to in sub-regulation (6) shall not apply to projects which are likely to have significant effects on the environment in another Member State or where a Member State that is likely to be significantly affected so requests, in accordance with regulation 25 of the Environmental Impact Assessment Regulations.

(8) By way of derogation from to regulation 19 of the Flora,

Fauna and Natural Habitats Protection Regulations, the renewable energy plants referred to in sub-regulation (6) shall not be subject to an assessment of their implications for Natura 2000 sites provided that those renewable energy projects comply with the rules and measures established in accordance with paragraph (b) of regulation 34(2).

(9) The relevant competent authority shall carry out a screening process of the applications referred to in sub-regulation (6)

which shall aim to identify if any of the renewable energy projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical areas where they are located, which were not identified during the environmental assessment of the plans designating renewables acceleration areas referred to in sub-regulations (1) and (2) of regulation 34, carried out pursuant to the Strategic Environmental Assessment Regulations and, where relevant, to the Flora, Fauna and Natural Habitats Protection

Regulations.

(10) The screening process referred to in sub-regulation (9)

shall also aim to identify if any of such renewable energy projects falls within the scope of regulation 25 of the Environmental Impact Assessment Regulations due to its likelihood of significant effects on the environment in another Member State or due to the request of a Member State which is likely to be significantly affected.

(11) For the purpose of the screening process referred to in sub-regulation (9), the project developer shall provide information on the characteristics of the renewable energy project, on its compliance with the rules and measures identified pursuant to paragraph (b) of regulation 34(2), for the specific renewables acceleration area, on any additional measures adopted by the project developer and on how those measures address environmental impact:

Provided that the relevant competent authorities may request the project developer to provide additional available information.

(12) The screening process relating to applications for new renewable energy plants shall be finalised within forty-five (45) days from the date of submission of sufficient information necessary for that purpose:

Provided that this time frame shall be reduced to thirty

(30) days in the case of applications for installations with an electrical capacity of less than one hundred and fifty kilowatts (150 kW) and of new applications for the repowering of renewable energy power plants.

(13) Following the screening process referred to in sub-regulation (9), the applications referred to in sub-regulation (6) shall be authorised from an environmental perspective without requiring any express decision from the competent authority, unless the competent authority adopts an administrative decision, setting out due reasons on the basis of clear evidence, to the effect that a specific project is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical area where the project is located that cannot be mitigated by the measures identified in the plans designating acceleration areas or proposed by the project developer.

(14) The renewable energy projects likely to give rise to significant unforeseen adverse effects referred to in sub-regulation

(13) shall be subject to an environmental impact assessment pursuant to the Environmental Impact Assessment Regulations and, if applicable, to an assessment pursuant to the Flora, Fauna and Natural Habitats Protection Regulations, which shall be carried out within six

(6) months of the administrative decision identifying a high likelihood of significant unforeseen adverse effects:

Provided that the six (6) month period may, where duly justified on the grounds of extraordinary circumstances, be extended by up to a maximum of a further six (6) months.

(15) In the event of justified circumstances, including where needed to accelerate the deployment of renewable energy to achieve the climate and renewable energy targets, wind and solar photovoltaic projects may, without prejudice to sub-regulation (16), be exempt from SOURCES

the assessments referred to in sub-regulation (14).

(16) Where wind and solar photovoltaics projects are exempt from the assessments referred to in sub-regulation (14), the operator shall adopt proportionate mitigation measures or, where such mitigation measures are not available, compensatory measures which, in the absence of the latter, may take the form of monetary compensation, in order to address any adverse effects:

Provided that where those adverse effects have an impact on species protection, the operator shall pay a monetary compensation for species protection programmes for the duration of the operation of the renewable energy plant in order to ensure or improve the conservation status of the species affected.

(17) In the permit-granting procedure referred to in sub-regulations (1) to (5), the absence of a reply by any relevant competent authority within the established deadline shall result in the relevant intermediary administrative steps being deemed approved, but only where administrative tacit approval is provided for by such competent authority for that part of the permit-granting procedure:

Provided that tacit approval shall in no case be applicable where the specific renewable energy project is subject to an environmental impact assessment pursuant to sub-regulations (13) and

(14) and shall furthermore not apply to final decisions on the outcome of the permit-granting procedure, which shall be explicit.

(18) The decisions related to the permit-granting procedure referred to in sub-regulations (13) and (17) shall be made publicly available.