Environment (Miscellaneous Provisions) Act 2011

21.

Amendment of section 50B of Act of 2000.

21.— Section 50B of the Act of 2000 is amended by—

( a) substituting the following subsection for subsection (2):

“(2) Notwithstanding anything contained in Order 99 of the Rules of the Superior Courts ( S.I. No. 15 of 1986) and subject to subsections (2A), (3) and (4), in proceedings to which this section applies, each party to the proceedings (including any notice party) shall bear its own costs.”,

and

( b) inserting the following subsection after subsection (2):

“(2A) The costs of proceedings, or a portion of such costs, as are appropriate, may be awarded to the applicant to the extent that the applicant succeeds in obtaining relief and any of those costs shall be borne by the respondent or notice party, or both of them, to the extent that the actions or omissions of the respondent or notice party, or both of them, contributed to the applicant obtaining relief.”.