Fisheries (Amendment) Act 1997

Applications for judicial review of decisions on licence applications or appeals.

73

73. (1) A person shall not question—

( a) a decision on an application for a licence or the revocation or amendment of a licence, or

( b) a determination of the Board on an appeal,

otherwise than 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 this section referred to as “ the Order”).

F43 [ (1A) The High Court shall not grant leave for judicial review 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 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.

(1B) A sufficient interest for the purposes of paragraph ( a ) of subsection (1A) is not limited to an interest in land or other financial interest.

(1C) The Court, in determining either an application for leave for judicial review under this Act, or an application for judicial review on foot of such leave, shall act as expeditiously as possible consistent with the administration of justice. ]

(2) An application for leave to apply for judicial review under the Order in respect of a decision or determination referred to in subsection (1)

( a) shall be made within the period of three months commencing on the date on which the decision or determination was made, and

( b) shall be made by notice of motion (grounded in the manner specified in the Order in respect of an ex parte motion for leave) which shall be served on—

(i) if the application relates to a decision on an application for a licence, the Minister or the officer of the Minister by whom the decision was made, as the case may be, and where the applicant for leave is not the applicant for the licence, it shall also be served on the applicant for the licence,

(ii) if the application relates to a determination referred to in subsection (1)(b), the Board and each party or each other party, as the case may be, to the appeal, or

(iii) any other person specified for that purpose by order of the High Court,

and leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision or determination is invalid or ought to be quashed.

(3) The determination of the High Court of an application for leave to apply for judicial review referred to in subsection (2), or of an application for such judicial review, shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case except with the leave of the High Court, which leave shall only be granted where the High 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 should be taken to the Supreme Court.

(4) Subsection (3) shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(5) References in this subsection to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court.

F44 [ (6) In this section State authority, a public authority or governmental body or agency means

( a ) a Minister of the Government;

( b ) the Commissioners of Public Works in Ireland;

( c ) a harbour authority within the meaning of the Harbours Act 1946 ;

( d ) a local authority within the meaning of the Local Government Act 2001 ;

( e ) the Health Service Executive;

( f ) a person established

(i) by or under any enactment (other than the Companies Acts),

(ii) by any scheme administered by the Government, or

(iii) under the Companies Acts, in pursuance of 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;

( h ) a company (within the meaning of the Companies Acts), a majority of the shares in which are held by or on behalf of a Minister of the Government. ]

Annotations:

Amendments:

F43

Inserted (23.07.2014) by European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014), reg. 5(a).

F44

Inserted (23.07.2014) by European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014)), reg. 5(b).