Environment (miscellaneous provisions) act 2011

• Enactment Date: 02 August 2011
• Act Number: 20

Number 20 of 2011
ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citations, construction and commencement.
2. Definitions.
PART 2
Costs of Certain Proceedings to be Borne by Each Party in Certain Circumstances
3. Costs of proceedings to be borne by each party in certain circumstances.
4. Civil proceedings relating to certain licences, etc.
5. Proceedings relating to Information Regulations.
6. Additional proceedings to which section 3 applies.
7. Application to court for determination that section 3 applies to proceedings.
8. Judicial notice to be taken of Convention.
PART 3
Amendment of Act of 1987
9. Amendment of section 12 of Act of 1987.
10. Fixed payment notice.
11. Amendment of section 14 of Act of 1987.
PART 4
Amendment of Act of 1996
12. Amendment of section 72 of Act of 1996.
13. Amendment of section 73 of Act of 1996.
14. Amendment of section 74 of Act of 1996.
PART 5
Amendment of Planning and Development Act 2000
15. Definitions.
16. Amendment of section 2 of Act of 2000.
17. Amendment of section 4 of Act of 2000.
18. Amendment of section 13 of Act of 2000.
19. Amendment of section 30 of Act of 2000.
20. Amendment of section 50A of Act of 2000.
21. Amendment of section 50B of Act of 2000.
22. Amendment of section 57 of Act of 2000.
23. Amendment of section 82 of Act of 2000.
24. Amendment of section 87 of Act of 2000.
25. Amendment of section 130 of Act of 2000.
26. Amendment of section 135 of Act of 2000.
27. Amendment of section 153 of Act of 2000.
28. Amendment of section 157 of Act of 2000.
29. Amendment of section 160 of Act of 2000.
30. Amendment of section 170 of Act of 2000.
31. Amendment of section 177R of Act of 2000.
32. European site that does not host priority habitat or species and draft Land use plan.
33. European site that hosts priority habitat or species and draft Land use plan.
34. Amendment of section 177Z of Act of 2000.
35. European site that does not host priority habitat or species.
36. European site that hosts priority habitat or species.
37. Amendment of section 181A of Act of 2000.
38. Amendment of section 181B of Act of 2000.
39. Amendment of section 182A of Act of 2000.
40. Amendment of section 182C of Act of 2000.
41. Amendment of Seventh Schedule to Act of 2000.
42. Repeal.
PART 6
Miscellaneous
43. Amendment of Freedom of Information Act 1997.
44. Amendment of Local Government Act 1998.
45. Amendment of section 70 of Environmental Protection Agency Act 1992.
46. Repeal.
47. Savings and transitionals.
48. Placenames.
49. Amendment of section 32 of Official Languages Act 2003.
Acts Referred to
Air Pollution Act 1987 1987, No. 6 Dumping at Sea Act 1996 1996, No. 14 Environmental Protection Agency Act 1992 1992, No. 7 European Communities Act 1972 1972, No. 27 Foreshore Act 1933 1933, No. 12 Forestry Act 1946 1946, No. 13 Freedom of Information Act 1997 1997, No. 13 Gas Act 1976 1976, No. 30 Local Government Act 1998 1998, No. 16 Local Government Act 2001 2001, No. 37 Local Government (Business Improvement Districts) Act 2006 2006, No. 42 Local Government (Water Pollution) Act 1977 1977, No. 1 Minerals Development Act 1940 1940, No. 31 Mines and Quarries Act 1965 1965, No. 7 Nursing Homes Support Scheme Act 2009 2009, No. 15 Official Languages Act 2003 2003, No. 32 Petroleum and Other Minerals Development Act 1960 1960, No. 7 Planning and Development Act 2000 2000, No. 30 Planning and Development (Amendment) Act 2010 2010, No. 30 Planning and Development (Strategic Infrastructure) Act 2006 2006, No. 27 Planning and Development Acts 2000 to 2010 Radiological Protection Act 1991 1991, No. 9 Roads Act 1993 1993, No. 14 Transport (Railway Infrastructure) Act 2001 2001, No. 55 Waste Management Act 1996 1996, No. 10 Waste Management Acts 1996 to 2003 Water Services Act 2007 2007, No. 30 Wildlife Act 1976 1976, No. 39
Number 20 of 2011
ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011
AN ACT TO AMEND AND EXTEND THE AIR POLLUTION ACT 1987; THE ENVIRONMENTAL PROTECTION AGENCY ACT 1992; THE WASTE MANAGEMENT ACT 1996; AND THE FREEDOM OF INFORMATION ACT 1997; TO MAKE PROVISION FOR COSTS OF CERTAIN PROCEEDINGS; TO GIVE EFFECT TO CERTAIN ARTICLES OF THE CONVENTION ON ACCESS TO INFORMATION, PUBLIC PARTICIPATION IN DECISION-MAKING AND ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS DONE AT AARHUS, DENMARK ON 25 JUNE 1998 AND FOR JUDICIAL NOTICE TO BE TAKEN OF THE CONVENTION; TO AMEND THE PLANNING AND DEVELOPMENT ACT 2000; THE LOCAL GOVERNMENT ACT 1998; THE LOCAL GOVERNMENT ACT 2001 AND THE OFFICIAL LANGUAGES ACT 2003; AND TO PROVIDE FOR RELATED MATTERS.
[2nd August, 2011]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title, collective citations, construction and commencement.	1.— (1) This Act may be cited as the Environment (Miscellaneous Provisions) Act 2011.
	(2) The Air Pollution Act 1987 and Part 3 may be cited together as the Air Pollution Acts 1987 and 2011 and shall be read together as one.
	(3) The Waste Management Acts 1996 to 2003 and Part 4 may be cited together as the Waste Management Acts 1996 to 2011 and shall be read together as one.
	(4) The Planning and Development Acts 2000 to 2010 and Part 5 may be cited together as the Planning and Development Acts 2000 to 2011 and shall be read together as one.
	(5) This Act shall come into operation on such day or days as the Minister for the Environment, Community and Local Government may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
	Definitions.	2.— In this Act—
	“Act of 1987” means the Air Pollution Act 1987 ;
	“Act of 1996” means the Waste Management Act 1996 .
PART 2 Costs of Certain Proceedings to be Borne by Each Party in Certain Circumstances
	Costs of proceedings to be borne by each party in certain circumstances.	3.— (1) Notwithstanding anything contained in any other enactment or in—
	(a) Order 99 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ),
	(b) Order 66 of the Circuit Court Rules ( S.I. No. 510 of 2001 ), or
	(c) Order 51 of the District Court Rules ( S.I. No. 93 of 1997 ),
	and subject to subsections (2), (3) and (4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.
	(2) The costs of the proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant, or as the case may be, the plaintiff, to the extent that he or she succeeds in obtaining relief and any of those costs shall be borne by the respondent, or as the case may be, defendant or any notice party, to the extent that the acts or omissions of the respondent, or as the case may be, defendant or any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining relief.
	(3) A court may award costs against a party in proceedings to which this section applies if the court considers it appropriate to do so—
	(a) where the court considers that a claim or counter-claim by the party is frivolous or vexatious,
	(b) by reason of the manner in which the party has conducted the proceedings, or
	(c) where the party is in contempt of the court.
	(4) Subsection (1) does not affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.
	(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section applies, a reference to the District Court, the Circuit Court, the High Court or the Supreme Court, as may be appropriate.
	Civil proceedings relating to certain licences, etc.	4.— (1) Section 3 applies to civil proceedings, other than proceedings referred to in subsection (3), instituted by a person—
	(a) for the purpose of ensuring compliance with, or the enforcement of, a statutory requirement or condition or other requirement attached to a licence, permit, permission, lease or consent specified in subsection (4), or
	(b) in respect of the contravention of, or the failure to comply with such licence, permit, permission, lease or consent,
	and where the failure to ensure such compliance with, or enforcement of, such statutory requirement, condition or other requirement referred to in paragraph (a), or such contravention or failure to comply referred to in paragraph (b), has caused, is causing, or is likely to cause, damage to the environment.
	(2) Without prejudice to the generality of subsection (1), damage to the environment includes damage to all or any of the following:
	(a) air and the atmosphere;
	(b) water, including coastal and marine areas;
	(c) soil;
	(d) land;
	(e) landscapes and natural sites;
	(f) biological diversity, including any component of such diversity, and genetically modified organisms;
	(g) health and safety of persons and conditions of human life;
	(h) cultural sites and built environment;
	(i) the interaction between all or any of the matters specified in paragraphs (a) to (h).
	(3) Section 3 shall not apply—
	(a) to proceedings, or any part of proceedings, referred to in subsection (1) for which damages, arising from damage to persons or property, are sought, or
	(b) to...