Wildlife (Amendment) Act, 2000
|
Prohibition of works on lands in natural heritage areas. |
20.—(1) Where the Minister considers that works to which section 16 (3)(b) relates are being carried out or are proposed to be carried out on land which, in the opinion of the Minister, comprises or forms part of a natural heritage area and is the subject of a notice served under section 16 (2)(b), the Minister may make an application to a court of competent jurisdiction to prohibit the continuance of the works pending a completion of the procedures provided for by section 16 . | |
(2) Where the Minister considers that works are being carried out or are proposed to be carried out on land comprising or forming part of a natural heritage area in contravention of any provision in a natural heritage area order, the Minister may make an application to a court of competent jurisdiction to prohibit the continuance of the works. | ||
(3) Where works are being carried out that are not within an area to which subsection (1) or (2) relates but are liable to have an adverse effect on the integrity of such area, the Minister may make an application to a court of competent jurisdiction for an order to prohibit— | ||
(a) in a case to which subsection (1) relates, the continuance of the works pending the completion of the procedures provided for by section 16 , | ||
(b) in a case to which subsection (2) relates, the continuance of the works. | ||
(4) An application to a court of competent jurisdiction for an order under this section shall be in a summary manner and the court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate. | ||
(5) In this section, “court of competent jurisdiction” means either a Judge of the Circuit Court within whose circuit the lands or any part of the lands are situated or the High Court. |