Section 16: Factors for consideration of a review panel

(1) Every screening or mandatory study of a project and every mediation or assessment by a review panel shall include a consideration of the following factors, that is-
(a) the environmental effects of the project, including the environmental effects of malfunctions or accidents that may occur in connection with the project and any cumulative environmental effects that are likely to result from the project in taking into consideration with other projects, that that have been or will be carried out;
(b)
the significance or, in the case of projects referred to in section 47, 48 or 49, the seriousness of those effects;
(c) comments concerning those effects received from the public, accordance with provisions of this Act;
(d)
measures that are technically and economically feasible and that would mitigate any significant or, in the case of projects referred to in sections 47, 48, or 49 any serious adverse environmental effects of the project.
(2) In addition to the factors set out in subsection (1) of this Act every mandatory study of a project and every mediation or assessment by review panel shall include a consideration of the following factors, that is-
(a) the purpose of the project;
(b) alternative means of carrying out the project that are technically and economically feasible and the environmental effects of any such alternative means;
(c)
the need for and the requirements of any follow-up programme in respect of the project;
(d)
the short-term or long-term capacity for regeneration of renewal resources that are likely to be significantly or, in the case of the projects referred to in sections 47, 48 or 49, seriously affected by the project; and
(e) any other matter that the Agency or the Council at the request of the Agency, may require.
(3)
For greater certainty, the scope of the factors to be taken into consideration pursuant to subsection (1) (a), (b) and (d) and subsection (2) (b), (c) and (d) of this Section shall be determined-
(a) by the Agency; or
(b) where a project is referred to mediation or a review panel, by the Council, after consulting with the Agency, when fixing the terms of reference of the mediation or review panel.
(4) An environmental assessment of a project shall not be required to include a consideration of the environmental effects that could result from carrying out the project during the declaration of a national emergency.