European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014

JurisdictionIreland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st August, 2014.

I, ALAN KELLY, Minister for the Environment, Community 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 further effect to Directive 2003/35/EC of the European Parliament and the Council of 26 May 20031 hereby make the following regulations:

1. These Regulations may be cited as the European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014.

2. Section 7 of the Arterial Drainage Act 1945 (No. 3 of 1945) is amended by the insertion of the following subsections after subsection (5):

“(6) A person shall not question the validity of a decision made or other act done by the Minister in the performance or purported performance of a function under section 4, 5 or 7, where a drainage scheme requires an environmental impact statement otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).

(7) The High Court shall not grant leave for judicial review under this section unless it is satisfied that—

(a) the applicant has a sufficient interest in the matter which is the subject of the application, or

(b) the applicant—

(i) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and

(ii) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(8) A sufficient interest for the purposes of paragraph (a) of subsection (7) is not limited to an interest in land or other financial interest.

(9) The Court, in determining either an application for leave for judicial review under this section, or an application for judicial review on foot of such leave under this section, shall act as expeditiously as possible consistent with the administration of justice.

(10) In this section “State authority, a public authority or governmental body or agency” means—

(a) a Minister of the Government;

(b) the Commissioners of Public Works in Ireland;

(c) a harbour authority within the meaning of the Harbours Act 1946 ;

(d) a local authority within the meaning of the Local Government Act 2001 ;

(e) the Health Service Executive;

(f) a person established—

(i) by or under any enactment (other than the Companies Acts),

(ii) by any scheme administered by the Government, or

(iii) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government;

(g) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government.”.

3. Section 87 of the Environmental Protection Agency Act 1992 (No. 7 of 1992) is amended by the insertion of the following paragraphs after paragraph (b) of subsection (10):

“(c) The High Court shall not grant leave for judicial review under this section unless it is satisfied that:

(i) the applicant has a sufficient interest in the matter which is the subject of the application, or

(ii) the applicant—

(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and

(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(d) A sufficient interest for the purposes of subparagraph (i) of paragraph (c) is not limited to an interest in land or other financial interest.

(e) The Court, in determining either an application for leave for judicial review under this section, or an application for judicial review on foot of such leave, shall act as expeditiously as possible consistent with the administration of justice.

(f) In paragraph (c) “State authority, a public authority or governmental body or agency” means—

(i) a Minister of the Government;

(ii) the Commissioners of Public Works in Ireland;

(iii) a harbour authority within the meaning of the Harbours Act 1946 ;

(iv) a local authority within the meaning of the Local Government Act 2001 ;

(v) the Health Service Executive;

(vi) a person established—

(I) by or under any enactment (other than the Companies Acts),

(II) by any scheme administered by the Government, or

(III) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government;

(vii) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government.”.

4. Section 29 of the European Communities (Assessment and Management of Flood Risks) Regulations 2010 ( S.I. No. 122 of 2010 ) is amended by—

(a) the insertion of the following subsection after subsection (2):

“(2A)(a) A person shall not question the validity of an order or decision made by the Minister or the Commissioners under this section otherwise than 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 High Court shall not grant leave for judicial review unless it is satisfied that—

(i) the applicant has a sufficient interest in the matter which is the subject of the application, or

(ii) the applicant—

(I) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and

(II) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(c) A sufficient interest for the purposes of subparagraph (i) of paragraph (b) is not limited to an interest in land or other financial interest.

(d) The Court, in determining either an application for leave for judicial review, or an application for judicial review on foot of such leave under this section, shall act as expeditiously as possible consistent with the administration of justice.

(e) In paragraph (b) “State authority, public authority or governmental body or agency” means—

(i) a Minister of the Government;

(ii) the Commissioners of Public Works in Ireland;

(iii) a harbour authority within the meaning of the Harbours Act 1946 ;

(iv) a local authority within the meaning of the Local Government Act 2001 ;

(v) the Health Service Executive;

(vi) a person established—

(I) by or under any enactment (other than the Companies Acts),

(II) by any scheme administered by the Government, or

(III) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government;

(vii) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government.”, and

(b) the insertion of the following subsections after subsection (3):

“(3A) The notice referred to in subsection (3) shall inform the public that a person may question the validity of any decision referred to in that subsection by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ).

(3B) The notice shall identify where practical information on the review mechanism can be found.”.

5. Section 73 of the Fisheries (Amendment) Act 1997 (No. 23 of 1997) is amended by—

(a) the insertion of the following subsections after subsection (1):

“(1A) The High Court shall not grant leave for judicial review unless it is satisfied that—

(a) the applicant has a sufficient interest in the matter which is the subject of the application, or

(b) the applicant—

(i) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and

(ii) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives.

(1B) A sufficient interest for the purposes of paragraph (a) of subsection (1A) is not limited to an interest in land or other financial interest.

(1C) The Court, in determining either an application for leave for judicial review under this Act, or an application for judicial review on foot of such leave, shall act as expeditiously as possible consistent with the administration of justice.”, and

(b) the insertion of the following subsection after subsection (5):

“(6) In this section “State authority, a public authority or governmental body or agency” means—

(a) a Minister of the Government;

(b) the Commissioners of Public Works in Ireland;

(c) a harbour authority within the meaning of the Harbours Act 1946 ;

(d) a local authority within the meaning of the Local Government Act 2001 ;

(e) the Health Service Executive;

(f) a person established—

(i) by or under any enactment (other than the Companies Acts),

(ii) by any scheme administered by the Government, or

(iii) under the Companies Acts, in pursuance of powers conferred by or under another enactment...

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