Environment (Miscellaneous Provisions) Act 2011


Number 20 of 2011


ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 19 July 2018


This Revised Act is an administrative consolidation of the Environment (Miscellaneous Provisions) Act 2011. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Planning and Development (Amendment) Act 2018 (16/2018), enacted 19 July 2018, and all statutory instruments up to and including Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 301 of 2018), made 20 July 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.


Number 20 of 2011


ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 19 July 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Planning and Development Acts 2000 to 2018 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Planning and Development (Amendment) Act 2018 (16/2018), s. 1(2)). The Acts in this group are:

Planning and Development Act 2000 (30/2000)

Local Government Act 2001 (37/2001), ss. 2, 5(3) and sch. 4 (in so far as they relate to the Planning and Development Act 2000 (30/2000) and s. 247

Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3

Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2

Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

Water Services Act 2007 (30/2007), ss. 114 and 1(6)

Harbours (Amendment) Act 2009 (26/2009), ss. 7(1), 7(2) and 21(3)

Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)

Planning and Development (Amendment) Act 2010 (30/2010), other than Part 3

Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5

Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8

Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and Schedule 2 Part 4

Urban Regeneration and Housing Act 2015 (33/2015)

Planning and Development (Amendment) Act 2015 (63/2015)

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), other than s. 1(2)(b), (c), Parts 3-5 and schedule

Planning and Development (Amendment) Act 2017 (20/2017)

Planning and Development (Amendment) Act 2018 (16/2018), other than Part 4 and sch. 3 refs. 12 to 18

Waste Management Acts 1996 to 2011 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 1(3)). The Acts in this group are:

Waste Management Act 1996 (10/1996)

Waste Management (Amendment) Act 2001 (36/2001), other than section 14

Protection of the Environment Act 2003 (27/2003), Part 3

Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 4

Air Pollution Acts 1987 and 2011 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 1(2)). The Acts in this group are:

Air Pollution Act 1987 (6/1987)

Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 3

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Planning and Development (Amendment) Act 2018 (16/2018)

Radiological Protection (Amendment) Act 2018 (8/2018)

Minerals Development Act 2017 (23/2017)

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016)

Forestry Act 2014 (31/2014)

Local Government Reform Act 2014 (1/2014)

Electoral, Local Government and Planning and Development Act 2013 (27/2013)

All Acts up to and including Planning and Development (Amendment) Act 2018 (16/2018), enacted 19 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Supreme Court, Court of Appeal and High Court (Fees) Order 2014 (S.I. No. 492 of 2014)

Supreme Court and High Court (Fees) Order 2014 (S.I. No. 24 of 2014)

Supreme Court and High Court (Fees) (No. 2) Order 2013 (S.I. No. 466 of 2013)

Supreme Court and High Court (Fees) Order 2013 (S.I. No. 239 of 2013)

Environment (Miscellaneous Provisions) Act 2011 (Commencement) (Part 5) (No. 2) Order 2011 (S.I. No. 583 of 2011)

Environment (Miscellaneous Provisions) Act 2011 (Commencement) (Part 5) Order 2011 (S.I. No. 474 of 2011)

European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011)

Environment (Miscellaneous Provisions) Act 2011 (Commencement) Order 2011 (S.I. No. 446 of 2011)

Environment (Miscellaneous Provisions) Act 2011 (Commencement of Certain Provisions) Order 2011 (S.I. No. 433 of 2011)

All statutory instruments up to and including Extradition (Protocol to The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 301 of 2018), made 20 July 2018, were considered in the preparation of this revision.


Number 20 of 2011


ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 19 July 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations, construction and commencement.

2. Definitions.

PART 2

Costs of Certain Proceedings to be Borne by Each Party in Certain Circumstances

3. Costs of proceedings to be borne by each party in certain circumstances.

4. Civil proceedings relating to certain licences, etc.

5. Proceedings relating to Information Regulations.

6. Additional proceedings to which section 3 applies.

7. Application to court for determination that section 3 applies to proceedings.

8. Judicial notice to be taken of Convention.

PART 3

Amendment of Act of 1987

9. Amendment of section 12 of Act of 1987.

10. Fixed payment notice.

11. Amendment of section 14 of Act of 1987.

PART 4

Amendment of Act of 1996

12. Amendment of section 72 of Act of 1996.

13. Amendment of section 73 of Act of 1996.

14. Amendment of section 74 of Act of 1996.

PART 5

Amendment of Planning and Development Act 2000

15. Definitions.

16. Amendment of section 2 of Act of 2000.

17. Amendment of section 4 of Act of 2000.

18. Amendment of section 13 of Act of 2000.

19. Amendment of section 30 of Act of 2000.

20. Amendment of section 50A of Act of 2000.

21. Amendment of section 50B of Act of 2000.

22. Amendment of section 57 of Act of 2000.

23. Amendment of section 82 of Act of 2000.

24. Amendment of section 87 of Act of 2000.

25. Amendment of section 130 of Act of 2000.

26. Amendment of section 135 of Act of 2000.

27. Amendment of section 153 of Act of 2000.

28. Amendment of section 157 of Act of 2000.

29. Amendment of section 160 of Act of 2000.

30. Amendment of section 170 of Act of 2000.

31. Amendment of section 177R of Act of 2000.

32. European site that does not host priority habitat or species and draft Land use plan.

33. European site that hosts priority habitat or species and draft Land use plan.

34. Amendment of section 177Z of Act of 2000.

35. European site that does not host priority habitat or species.

36. European site that hosts priority habitat or species.

37. Amendment of section 181A of Act of 2000.

37A. Transitional provision regarding section 37.

38. Amendment of section 181B of Act of 2000.

38A. Transitional provision regarding section 38.

39. Amendment of section 182A of Act of 2000.

40. Amendment of section 182C of Act of 2000.

41. Amendment of Seventh Schedule to Act of 2000.

42. Repeal.

PART 6

Miscellaneous

43. Amendment of Freedom of Information Act 1997.

44. Amendment of Local Government Act 1998.

45. Amendment of section 70 of Environmental Protection Agency Act 1992.

46. Repeal.

47. Savings and transitionals.

48. Placenames.

49. Amendment of section 32 of Official Languages Act 2003.



Number 20 of 2011


ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 19 July 2018


AN ACT TO AMEND AND EXTEND THE AIR POLLUTION ACT 1987; THE ENVIRONMENTAL PROTECTION AGENCY ACT 1992; THE WASTE MANAGEMENT ACT 1996; AND THE FREEDOM OF INFORMATION ACT 1997; TO MAKE PROVISION FOR COSTS OF CERTAIN PROCEEDINGS; TO GIVE EFFECT TO CERTAIN ARTICLES OF THE CONVENTION ON ACCESS TO INFORMATION, PUBLIC PARTICIPATION IN DECISION-MAKING AND ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS DONE AT AARHUS, DENMARK ON 25 JUNE 1998 AND FOR JUDICIAL NOTICE TO BE TAKEN OF THE CONVENTION; TO AMEND THE PLANNING AND DEVELOPMENT ACT 2000; THE LOCAL GOVERNMENT ACT 1998; THE LOCAL GOVERNMENT ACT 2001 AND THE OFFICIAL LANGUAGES ACT 2003; AND TO PROVIDE FOR RELATED MATTERS.

[2 nd August, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of collectively cited Planning and Development Acts restricted (3.07.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 4(1), S.I. No. 270 of 2017.

Strategic housing developments and planning applications

4. (1) Subject to subsection (4), during the specified period and notwithstanding anything to the contrary contained in any other provision of the Planning and Development Acts 2000 to 2016—

(a) an application for permission for a strategic housing development shall—

(i) be made to the Board under this section and not to a planning authority, other than an application for permission, the purpose of which is as set out in section 34(3A) of the Act of 2000,

(ii) be so made only where section 6 (7)(b) applies or, in the case that a request is made under section 7 (1), when the Board has complied with the request pursuant to section 7 (2),

(iii) be so made only where the applicant for permission has fulfilled the requirements set out in section 8,

(iv) be in such form and contain such information as is prescribed, and

(v) be accompanied by the appropriate fee,

and

(b) a copy of the application, shall be sent by the applicant to the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated.

...

(4) In the case of an application for permission for a strategic housing development that is located in a strategic development zone, the applicant may elect to make the application to the planning authority under section 34 of the Act of 2000 rather than under this section and, accordingly, section 170 of that Act applies to the application to which the said section 34 relates.

...

C2

References to “a county council or a city council” and “a county council and a city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2)-(3), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9....

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to the administrative area of a county council or the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council or the administrative area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of a city council shall, if the context permits, be read as a reference to the administrative area of a county council, the administrative area of a city council and the administrative area of a city and county council.