Environment (Miscellaneous Provisions) Act, 2011

• Jurisdiction: Ireland

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Number 20 of 2011

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ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 31 January 2019

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This Revised Act is an administrative consolidation of the Environment (Miscellaneous Provisions) Act 2011. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Local Government Act 2019 (1/2019), enacted 25 January 2019, and all statutory instruments up to and including Environment (Miscellaneous Provisions) Act 2011 (Commencement) Order 2019 (S.I. No. 23 of 2019), made 30 January 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.

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Number 20 of 2011

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ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 31 January 2019

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Planning and Development Acts 2000 to 2018: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development (Amendment) Act 2018 (16/2018), s. 1(2)). The Acts in this group are:

• Planning and Development Act 2000 (30/2000)

• Local Government Act 2001 (37/2001), ss. 2, 5(3) and sch. 4 (in so far as they relate to the Planning and Development Act 2000 (30/2000) and s. 247

• Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3

• Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2

• Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

• Water Services Act 2007 (30/2007), ss. 114 and 1(6)

• Harbours (Amendment) Act 2009 (26/2009), ss. 7(1), 7(2) and 21(3)

• Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)

• Planning and Development (Amendment) Act 2010 (30/2010), other than Part 3

• Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5

• Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8

• Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and Schedule 2 Part 4

• Urban Regeneration and Housing Act 2015 (33/2015)

• Planning and Development (Amendment) Act 2015 (63/2015)

• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), other than s. 1(2)(b), (c), Parts 3-5 and schedule

• Planning and Development (Amendment) Act 2017 (20/2017)

• Planning and Development (Amendment) Act 2018 (16/2018), other than Part 4 and sch. 3 refs. 12 to 18

Waste Management Acts 1996 to 2011: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 1(3)). The Acts in this group are:

• Waste Management Act 1996 (10/1996)

• Waste Management (Amendment) Act 2001 (36/2001), other than section 14

• Protection of the Environment Act 2003 (27/2003), Part 3

• Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 4

Air Pollution Acts 1987 and 2011: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 1(2)). The Acts in this group are:

• Air Pollution Act 1987 (6/1987)

• Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 3

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1976, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Local Government Act 2019 (1/2019)

• Planning and Development (Amendment) Act 2018 (16/2018)

• Radiological Protection (Amendment) Act 2018 (8/2018)

• Minerals Development Act 2017 (23/2017)

• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016)

• Forestry Act 2014 (31/2014)

• Local Government Reform Act 2014 (1/2014)

• Electoral, Local Government and Planning and Development Act 2013 (27/2013)

All Acts up to and including Local Government Act 2019 (1/2019), enacted 25 January 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Environment (Miscellaneous Provisions) Act 2011 (Commencement) Order 2019 (S.I. No. 23 of 2019)

• Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014)

• Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014)

• Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013)

• Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013)

• Environment (Miscellaneous Provisions) Act 2011 (Commencement) (Part 5) (No. 2) Order 2011 (S.I. No. 583 of 2011)

• Environment (Miscellaneous Provisions) Act 2011 (Commencement) (Part 5) Order 2011 (S.I. No. 474 of 2011)

• European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011)

• Environment (Miscellaneous Provisions) Act 2011 (Commencement) Order 2011 (S.I. No. 446 of 2011)

• Environment (Miscellaneous Provisions) Act 2011 (Commencement of Certain Provisions) Order 2011 (S.I. No. 433 of 2011)

All statutory instruments up to and including Environment (Miscellaneous Provisions) Act 2011 (Commencement) Order 2019 (S.I. No. 23 of 2019), made 30 January 2019, were considered in the preparation of this revision.

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Number 20 of 2011

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ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 31 January 2019

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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

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Number 20 of 2011

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ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 31 January 2019

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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:

Annotations

Modifications (not altering text):

C1

Application of collectively cited Planning and Development Acts restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 4(1), S.I. No. 270 of 2017.

Strategic housing developments and planning applications

4. (1)...