European Communities (Public Participation) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 352/2010
• Year: 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 16th July, 2010.

I, JOHN GORMLEY T.D., Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to certain provisions of Directive 2003/35/EC of the European Parliament and the Council of 26 May 2003 1 hereby make the following Regulations:

PART I

PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the European Communities (Public Participation) Regulations 2010.

2. Where these Regulations provide for the amendment of an enactment, the enactment shall, notwithstanding any provisions of the enactment as to commencement, have effect on and from the coming into operation of these Regulations.

PART II

AMENDMENT OF MISCELLANEOUS ENACTMENTS

Amendment of the Arterial Drainage Act 1945

3. The Arterial Drainage Act 1945 (No. 3 of 1945) is amended by:—

The insertion after section 7(3)(a)(ii) (inserted by article 16 of the European Communities (Environmental Impact Assessment) Regulations 1989 ( S.I. No. 349 of 1989 ) and amended by article 10 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 ( S.I. No. 93 of 1999 ) and article 6 of the European Communities (Arterial Drainage) Regulations 2009 ( S.I. No. 388 of 2009 )) of—

“(iii) The said notice shall inform the public that a person may question the validity of any such decision by the Minister by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).

(iv) The notice shall identify where practical information on the review mechanism can be found.”

Amendment of Dublin Docklands Development Authority Act 1997

4. The Dublin Docklands Development Authority Act 1997 (No. 7 of 1997) is amended by:—

The insertion after section 25(6) (amended by article 3(2) of the European Communities (Dublin Docklands Development Authority Act 1997) (Amendment) Regulations 2007 ( S.I. No. 865 of 2007 )), of—

“25. (6) (a) The said notice shall inform the public that a person may question the validity of a notice of approval by the Minister by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), in accordance with section 26A.

(b) The notice shall identify where practical information on the review mechanism can be found.”

Amendment of Dumping at Sea Act 1996

5. The Dumping at Sea Act 1996 (No. 14 of 1996) is amended by:—

The insertion after section 5A(7)(c) (inserted by section 5 of the Dumping at Sea (Amendment) Act 2004 ( S.I. No. 35 of 2004 ) and substituted by Item 18 of Schedule 2 to the Foreshore and Dumping at Sea (Amendment) Act 2009 ) ( S.I. No. 39 of 2009 )), of—

“(8) Decisions published in accordance with subsection 7(c) shall include—

(a) a statement that a person may question the validity of any decision by the Agency by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), and

(b) a statement describing where practical information on the review mechanism can be found.”

Amendment of European Communities (Environmental Impact Assessment) (Amendment) Regulations 2001

6. The European Communities (Environmental Impact Assessment) (Amendment) Regulations 2001 ( S.I. No. 538 of 2001 ) are amended by:—

The substitution for article 14 of the following:—

“14. (a) The Minister shall cause to be published, in one or more newspapers circulated in the area and/or by electronic means, a notice informing the public of a decision in respect of the application.

(b) The notice shall state that a person may question the validity of any such decision by the Minister by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).

(c) The notice shall identify where practical information on the review mechanism can be found.”

Amendment of Foreshore Act 1933

7. The Foreshore Act 1933 (No. 12 of 1933) is amended by:—

The insertion after section 21A (inserted by article 6 of the European Communities (Foreshore) Regulations 2009 ( S.I. No. 404 of 2009 )) of—

“21B. (a) A notice published under section 21A shall state that a person may question the validity of any such determination by the Minister by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).

(b) The notice shall identify where practical information on the review mechanism can be found.”

Amendment of Gas Act 1976

8. The Gas Act 1976 (No. 30 of 1976) is amended by:—

The insertion after section 40A(8)(a) (inserted by article 20 of the European Communities (Environmental Impact Assessment) Regulations 1989 ( S.I. No. 349 of 1989 ) and amended by article 13 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 ( S.I. No. 93 of 1999 )) of—

“(aa) The said notice shall inform the public that a person may question the validity of such a decision of the Minister by way of an application for judicial review under, Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).

(ab) The notice shall identify where practical information on the review mechanism can be found.”

Amendment of Petroleum and Other Minerals Development Act...