S.I. No. 423/2023 - Agriculture Appeals Act 2001 (Section 14A) Regulations 2023


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th August, 2023.

I, CHARLIE MCCONALOGUE, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by sections 7 (2), 14A(4)(b) (inserted by section 3 (d) of the Forestry (Miscellaneous Provisions) Act 2020 (No. 15 of 2020)), 14E(1)(f) and (n) (inserted by section 4 of the Forestry (Miscellaneous Provisions) Act 2020 ), and 15 of the Agriculture Appeals Act 2001 (No. 29 of 2001) (as adapted by the Agriculture, Fisheries and Food (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 455 of 2011 )), having regard to the public interest in the efficient conduct and determination of appeals, make the following regulations:

1. (1) These Regulations may be cited as the Agriculture Appeals (Section 14A) Regulations 2023.

(2) These Regulations come into operation on 11 September 2023.

2. The period of 14 working days is prescribed for the purposes of section 14A(4)(a) of the Agriculture Appeals Act 2001 in place of the period referred to in that paragraph.

3. (1) The decision referred to in section 14A(4)(a) of the Agriculture Appeals Act 2001 shall be published as soon as practicable, preferably on the day the decision is made.

(2) Where the decision referred to in paragraph (1) is not published on the day the decision is made, the number of working days specified in Regulation 2 shall be extended by the number of working days (or part thereof) that elapsed between the decision day and the publication of the decision, but shall not exceed the period of 28 days specified in section 14A(4)(a) of the Agriculture Appeals Act 2001 .

4. Regulation 2 of the Agriculture Appeals Act 2001 (Section 14A) Regulations 2021 ( S.I. No. 353 of 2021 ) is revoked.

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GIVEN under my Official Seal,

24 August, 2023.

CHARLIE MCCONALOGUE,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations have the purpose of extending the amount of time that an appellant has to make an appeal against a forestry licence decision from 14 days to 14 working days.