Minerals Development Act 2017
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Judicial review | ||
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178. (1) Subject to subsection (2), a person shall not question a decision of the Mining Board otherwise than by way of an application to the High Court for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ). | ||
(2) Nothing in this section affects the rights of a party under section 177 . | ||
(3) For the purposes of this section, an application for leave to apply for judicial review shall— | ||
(a) be made within the period of 3 months commencing on the date on which the decision was made, unless the High Court, on the basis of evidence put before it, is satisfied that there is a good and substantial reason for extending the period, and | ||
(b) be made by motion on notice, grounded in the manner specified under Order 84 of the Rules of the Superior Courts in respect of an ex parte motion for such leave in accordance with that Order, to the Mining Board, the Minister and any other party concerned. | ||
(4) The High Court may, before hearing an application to which this section relates, direct that notice of it also be served on such persons as the Court may specify. | ||
(5) An application to which this section relates for leave to apply for judicial review, shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed. | ||
(6) The determination of the High Court on an application to which this section relates for leave to apply for judicial review, or an application for judicial review, is final, and no appeal from the determination lies to the Court of Appeal in either case, except by leave of the High Court. | ||
(7) The High Court shall grant leave to appeal under subsection (6) only where that Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal be taken to the Court of Appeal. | ||
(8) Subsection (6) does not apply to a determination of the High Court, in so far as it involves a question of the validity of any law having regard to the provisions of the Constitution. |