Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Judicial review | ||
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41. (1)(a) A notice under section 27 (4)(c), 33 (6), 39 (1), 40 (4) or 151 (9)(c) shall inform the public that a person may question the validity of the decision that an EIA or an AA is or is not required or, as the case may be, to grant or not grant a relevant licence or, as the case may be, to grant an exemption under section 40 from the requirements of sections 32 to 39 or 34 to 39 , as appropriate, by way of an application for judicial review under the Order. | ||
(b) The notice shall identify where practical information on the review mechanism can be found. | ||
(2) A person shall not in legal proceedings question the validity of— | ||
(a) a decision, act or omission made or done by the Minister under this Chapter in the performance or purported performance of a function under this Chapter for which an EIA or an AA is required, or | ||
(b) a licence, | ||
otherwise than by way of an application for judicial review under the Order. | ||
(3) 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 a 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. | ||
(4) A sufficient interest for the purpose of subsection (3) is not limited to an interest in land or other financial interest. | ||
(5) The High 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. | ||
(6) The provisions of section 50B of the Act of 2000 shall, with all necessary modifications, apply to the questioning of a decision, act or omission referred to in this section which has been subjected to an EIA or an AA or both an EIA and an AA. | ||
(7) Subject to subsection (9), an application for leave to apply for judicial review under the Order in respect of an act referred to in subsection (2)(a) shall be made within a period of 8 weeks beginning on the making or doing of the decision, act or omission by the Minister. | ||
(8) Subject to subsection (9), an application for leave to apply for judicial review under the Order in respect of a licence referred to in subsection (2)(b) shall be made within a period of 8 weeks beginning on the date on which the licensing authority grants the licence under section 151 (1). | ||
(9) The High Court may extend the period provided for in subsection (7) or (8) within which an application for leave referred to in that subsection may be made but shall only do so if it is satisfied that— | ||
(a) there is good and sufficient reason for doing so, | ||
(b) the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension. | ||
(10) In this section— | ||
“Order” means Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ); | ||
“State authority, a public authority or governmental body or agency” means— | ||
(a) a Minister of the Government (or Minister of State); | ||
(b) the Commissioners; | ||
(c) a local authority; | ||
(d) the Health Service Executive; | ||
(e) a person— | ||
(i) established by or under an enactment (other than the Act of 2014) but excluding any person which is an existing company, | ||
(ii) established by any scheme administered by the Government, or | ||
(iii) established under the Act of 2014 or an enactment repealed by that Act, pursuant to 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; | ||
(f) a company, a majority of the shares in which are held by or on behalf of a Minister of the Government. |