Environment (Miscellaneous Provisions) Act 2011

29.

Amendment of section 160 of Act of 2000.

29.— Subsection (6) of section 160 of the Act of 2000 is amended by inserting the following paragraphs after paragraph ( a):

“( aa) Notwithstanding paragraph ( a) an application to the High Court or Circuit Court for an order under this section may be made at any time in respect of unauthorised quarry development or unauthorised peat extraction development in the following circumstances:

(i) where no permission for the development has been granted under Part III and the development commenced not more than 7 years prior to the date on which this paragraph comes into operation;

(ii) where permission for the development has been granted under Part III and, as respects the permission—

(I) the appropriate period (within the meaning of section 40), or

(II) the appropriate period as extended under section 42 or 42A,

expired not more than 7 years prior to the date on which this paragraph comes into operation.

( ab) Notwithstanding paragraph ( a) or ( aa), an application to the High Court or Circuit Court may be made at any time for an order under this section to cease unauthorised quarry development or unauthorised peat extraction development.”.