Aircraft Noise (Dublin Airport) Regulation Act 2019

Appeal to Board against relevant regulatory decision

10. (1) The Board shall be the appeal body for the purposes of the Aircraft Noise Regulation.

(2) (a) An appeal against a relevant regulatory decision, together with the appropriate fee, may be lodged with the Board at any time before the expiration of the appropriate period by—

(i) the airport authority, or

(ii) a relevant person.

(b) (i) The competent authority shall be a party to the appeal.

(ii) The airport authority may, at its discretion, be a party to the appeal notwithstanding that it is not the appellant.

(c) The Board may, for the purposes of assisting it to make a decision on the appeal, by notice in writing given to the appellant or any other party to the appeal, the airport authority (if the airport authority is neither the appellant nor another party to the appeal), or any other, in the opinion of the Board, appropriate person, request the appellant, other party, airport authority or appropriate person, as the case may be, to give to the Board such information or plans, or both, specified in the notice that the Board may reasonably require for those purposes.

(3) (a) The Board shall, before the expiration of one week from the date of the appeal being lodged with it, by notice in writing direct the competent authority to submit to the Board copies of all relevant documents and submissions and observations that were before the competent authority in connection with the making of the relevant regulatory decision.

(b) The competent authority shall comply with a direction given to it under paragraph (a) before the expiration of one week beginning on the date it received the direction.

(4) (a) Subsections (1) to (3) of section 9 shall, with all necessary modifications, apply to the Board’s consideration of the appeal as if any reference to the competent authority in those subsections were a reference to the Board.

(b) Subsections (4) to (7) of section 9 shall, with all necessary modifications, apply to measures and restrictions forming part of the Board’s consideration of the appeal as those subsections apply to measures and restrictions referred to in those subsections.

(c) Paragraphs (b), (c) and (d) of subsection (8) of section 9 shall, with all necessary modifications, apply to the Board’s consideration of the appeal as if any reference to the competent authority in those paragraphs were a reference to the Board and if, by virtue of this paragraph, the Board gives a direction under such paragraph (d) as so modified, the reference to direction in paragraph (e) of subsection (8) of that section includes such direction so given by the Board.

(d) The Board may, in its decision under subsection (8)(a) and its related report (subsection (8)(b)), accept or reject all or any part of either or both—

(i) the relevant regulatory decision the subject of the appeal, or

(ii) the report prepared under section 9 (12) and revised under section 9 (15)(b) which relates to such relevant regulatory decision.

(e) Subject to paragraph (f), the Board shall make its decision under subsection (8)(a) on the appeal before the expiration of 18 weeks beginning on the date on which the appeal was lodged with it.

(f) (i) Subparagraph (ii) applies where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of the appeal, or because of the number of appeals under this section lodged with the Board, or because of the number of appeals and referrals which have been submitted to the Board under the Act of 2000, or any combination thereof, to determine the appeal within the period referred to in paragraph (e).

(ii) Subject to subparagraph (iii), the Board shall, by notice in writing given to the appellant and the other parties to the appeal before the expiration of the period referred to in paragraph (e), inform the appellant and those parties of the reasons why it would not be possible or appropriate to determine the appeal within that period and shall specify the date before which the Board intends that the appeal shall be determined.

(iii) Where a notice has been given under subparagraph (ii), the Board shall take all such steps as are open to it to ensure that the appeal is determined before the date specified in the notice.

(5) (a) Paragraphs (b) and (c) apply where the Board is considering adopting noise mitigation measures or operating restrictions (if any), or a combination thereof, which were not, during the process that gave rise to the relevant regulatory decision, the subject of previous consultation conducted by the competent authority pursuant to section 9 .

(b) Subsection (12) of section 9 shall, with all necessary modifications, apply to the Board and the decision it is minded to make under subsection (8)(a) as if any reference to the competent authority in such subsection (12) were a reference to the Board and as if any reference in such subsection (12) to the draft regulatory decision were a reference to the decision that the Board is minded to make under subsection (8) (a).

(c) The Board shall—

(i) publish on its website a draft of the decision it is minded to make under subsection (8)(a)

(I) identifying all the noise mitigation measures and operating restrictions (if any) proposed to be adopted by the Board and not just such measures and restrictions referred to in paragraph (a), and

(II) having annexed to it the related report (subsection (5)(b)),

and

(ii) on the same date as complying with subparagraph (i) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper—

(I) stating that the Board has made a draft decision under paragraph (c)(i) and prepared the related report (subsection (5)(b)),

(II) stating particulars of how persons may view or otherwise have access to the draft decision and related report (subsection (5)(b)) (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the Board during office hours),

(III) inviting persons to make submissions or observations in writing (and to provide a return address with such submissions or observations) in the specified form (if any) on the draft decision (including any annex thereto) before the expiration of 14 weeks beginning on the date on which the notice was so published in the national newspaper, and

(IV) stating particulars of the addresses (which shall include an electronic address) to which such submissions or observations may be sent.

(6) (a) The Board shall, as soon as is practicable after it complies with subsection (5), give each of the appellant and the other parties to the appeal a copy of the draft decision referred to in subsection (5)(c)(i).

(b) For the avoidance of doubt, it is hereby declared that the appellant and the other parties to the appeal may each make submissions or observations referred to in subsection (5)(c)(ii)(III) in accordance with that subsection.

(7) (a) Where subsection (5) applies, the Board shall, as soon as is practicable after it complies with paragraph (c) of that subsection, by notice in writing direct the airport authority to—

(i) engage in discussions with the Irish Aviation Authority and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft decision referred to in subsection (5)(c)(i), and

(ii) inform the Board of the outcome of those discussions before the expiration of the 14 weeks referred to in subsection (5)(c)(ii)(III).

(b) The airport authority shall comply with a direction given to it under paragraph (a).

(8) The Board shall, after having regard to all documents, submissions or observations (if any), and other information, given to it pursuant to a provision of this section—

(a) in compliance with subsection (4)(b) or (c), as appropriate, make a decision—

(i) confirming the relevant regulatory decision, or

(ii) revoking and replacing the relevant regulatory decision,

and

(b) prepare a report in relation to the decision made under paragraph (a) which shall state the Board’s reasons for such decision and include therein—

(i) such of the matters referred to in paragraphs (a) to (j) of subsection (12) of section 9 as are appropriate (which inclusion may be achieved, at the Board’s discretion, by the adoption by it of any part of the report referred to in subsection (4)(d)(ii)), and

(ii) if subsection (5) applies, the related report (subsection (5)(b)) revised by the Board to take into account such documents, submissions or observations (if any), and such other information, and to take into account the decision made under paragraph (a).

(9) The Board shall, as soon as is practicable after it makes a decision under subsection (8)(a)

(a) publish the decision, which shall have the relevant report (subsection (8) (b)) annexed to it, on its website,

(b) on the same date as complying with paragraph (a) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper stating—

(i) that the Board has made a decision under subsection (8)(a) on the appeal and prepared the related report (subsection (8)(b)),

(ii) particulars of how persons may view or otherwise have access to the decision and the relevant report (subsection (8)(b)) (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the Board during office hours), and

(iii) that a person may question the validity of such decision 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 sections 50, 50A and 50B of the Act of 2000 as read with subsection (17),

(c) send a copy of such decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the appellant, the parties to the appeal and (if the airport authority is neither the appellant nor another party to the appeal) the airport authority, and

(d) if subsection (5) applied, send a copy of such decision (whether with or without any annex thereto), together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published), to the return addresses of the persons who have made submissions or observations referred to in subsection (5) (c) (ii) (III) in accordance with that subsection on the draft decision referred to in subsection (5) (c) (i).

(10) (a) Where the Board has failed to make a decision under this section in relation to the appeal within the period it is required to do so by a provision of this section and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Board shall nevertheless proceed to make such decision and the decision so made shall be considered to have been made under this section notwithstanding such failure.

(b) The Board shall, as soon as is practicable after it becomes aware of a failure referred to in paragraph (a)

(i) give notice in writing of such failure, together with the reasons for such failure, to the appellant and the competent authority and, if the airport authority is not the appellant, the airport authority, and

(ii) publish on its website the reasons for such failure.

(11) Subject to subsection (12), a noise mitigation measure to be introduced by virtue of a decision under subsection (8)(a) shall—

(a) come into effect on the day immediately following the day on which, pursuant to subsection (9), that decision is published on the website of the Board, and

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the Board.

(12) The Board may, by notice published on its website on the same date as the decision under subsection (8)(a) is, pursuant to subsection (9), also so published—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and

(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.

(13) Subject to section 26 (a), the Board shall, in relation to an operating restriction to be introduced by virtue of a decision under subsection (8)(a), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.

(14) Subject to subsection (15), an operating restriction to which subsection (13) applies shall—

(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(15) The Board may, by notice published on its website at any time before the day first-mentioned in subsection (14)(a)

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction to which subsection (14) applies, and

(b) specify the date, or the occurrence of the event, on which such operating, restriction shall come into effect.

(16) (a) Subject to paragraph (b), the Minister for Housing, Planning and Local Government may, after consultation with the Minister, by regulations provide for such additional, incidental, consequential or supplemental matters as regards procedures in respect of appeals under this section as appear to the first-mentioned Minister to be necessary or expedient.

(b) The Minister for Housing, Planning and Local Government shall, in making regulations under this subsection, have particular regard to the provisions of Chapter III of Part VI of the Act of 2000 and to regulations made under that Chapter.

(17) Sections 50, 50A and 50B of the Act of 2000 shall, with all necessary modifications, apply to a decision of the Board under subsection (8) (a) on the appeal as those sections apply to a decision of the Board under section 37 of that Act on an appeal referred to in section 37R(1) of that Act.

(18) In this section—

“appeal” means an appeal under subsection (2)(a);

“appropriate fee” means the fee determined under section 144 of the Act of 2000 for an appeal referred to in subsection (1A)(k) of that section;

“appropriate period”, in relation to a relevant regulatory decision, means the period of 28 days beginning on the date of publication, pursuant to section 9 (16)(a)(i), of such decision on the competent authority’s website;

“related report (subsection (5)(b))” means the report (if any) prepared by the Board pursuant to subsection (5)(b);

“related report (subsection (8)(b))” means the report prepared by the Board pursuant to subsection (8)(b);

“relevant person”, in relation to a relevant regulatory decision, means a person who made a submission or observation referred to in section 9 (13)(c) on the draft regulatory decision made under section 9 (11) (or the related report prepared under section 9 (12)) that gave rise to that relevant regulatory decision;

“relevant regulatory decision” means a regulatory decision made under section 9 (15)(a).