Environment (Miscellaneous Provisions) Act 2011

4.

Civil proceedings relating to certain licences, etc.

4.— (1) Section 3 applies to civil proceedings, other than proceedings referred to in subsection (3), instituted by a person—

( a) for the purpose of ensuring compliance with, or the enforcement of, a statutory requirement or condition or other requirement F1 [ specified in or attached to a licence, registration, permit ], permission, lease F2 [ , notice ] or consent specified in subsection (4), or

( b) in respect of the contravention of, or the failure to comply with F1 [ such licence, registration, permit ], permission, lease F2 [ , notice ] or consent,

and where the failure to ensure such compliance with, or enforcement of, such statutory requirement, condition or other requirement referred to in paragraph (a), or such contravention or failure to comply referred to in paragraph (b), has caused, is causing, or is likely to cause, damage to the environment.

(2) Without prejudice to the generality of subsection (1), damage to the environment includes damage to all or any of the following:

( a) air and the atmosphere;

( b) water, including coastal and marine areas;

( c) soil;

( d) land;

( e) landscapes and natural sites;

( f) biological diversity, including any component of such diversity, and genetically modified organisms;

( g) health and safety of persons and conditions of human life;

( h) cultural sites and built environment;

( i) the interaction between all or any of the matters specified in paragraphs (a) to (h).

(3) Section 3 shall not apply—

( a) to proceedings, or any part of proceedings, referred to in subsection (1) for which damages, arising from damage to persons or property, are sought, or

( b) to proceedings instituted by a statutory body or a Minister of the Government.

(4) For the purposes of subsection (1), this section applies to—

( a) a licence, or a revised licence, granted under section 83 of the Environmental Protection Agency Act 1992,

( b) a licence granted pursuant to section 32 of the Act of 1987,

( c) a licence granted under section 4 or 16 of the Local Government (Water Pollution) Act 1977,

( d) a licence granted under section 63, or a water services licence granted under section 81, of the Water Services Act 2007,

( e) a waste collection permit granted pursuant to section 34, or a waste licence granted pursuant to section 40, of the Act of 1996,

( f) a licence granted pursuant to section 23(6), 26 or 29 of the Wildlife Act 1976,

( g) a permit granted pursuant to section 5 of the Dumping at Sea Act 1996,

F3 [ (h) a licence granted under section 7 of the Forestry Act 2014. ]

( i) F1 [ a licence or registration granted pursuant to regulations made under section 30 of the Radiological Protection Act 1991 ] ,

( j) a lease made under section 2, or a licence granted under section 3 of the Foreshore Act 1933,

( k) a prospecting licence granted under section 8, a State acquired minerals licence granted under section 22 or an ancillary rights licence granted under section 40, of the Minerals Development Act 1940,

( l) an exploration licence granted under section 8, a petroleum prospecting licence granted under section 9, a reserved area licence granted under section 19, or a working facilities permit granted under section 26, of the Petroleum and Other Minerals Development Act 1960,

( m) a consent pursuant to section 40 of the Gas Act 1976,

( n) a permission or approval granted pursuant to the F4 [ Planning and Development Act 2000 , ]

F2 [ (o) a consent to a plan or project for which a screening for appropriate assessment is required under regulation 42 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 ), and

(p) a consent or notice under regulation 43 of those regulations. ]

(5) In this section—

“damage”, in relation to the environment, includes any adverse effect on any matter specified in paragraphs (a) to (i) of subsection (2);

“statutory body” means any of the following:

( a) a body established by or under statute;

( b) a county council within the meaning of the Local Government Act 2001;

( c) a city council within the meaning of the Local Government Act 2001.

(6) In this section F1 [ a reference to a licence, registration, revised licence, ] permit, permission, approval, lease or consent F1 [ is a reference to such licence, registration, permit, lease or consent and any conditions or other requirements specified in or attached to it ] and to any renewal or revision of such licence, permit, permission, approval, lease or consent.

Annotations:

Amendments:

F1

Substituted (25.01.2019) by Radiological Protection (Amendment) Act 2018 (8/2018), s. 33, S.I. No. 10 of 2019.

F2

Inserted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 61(a), (b)(ii), commenced on enactment.

F3

Substituted (24.05.2017) by Forestry Act 2014 (31/2014), s. 31(3), S.I. No. 189 of 2017.

F4

Substituted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 61(b)(i), commenced on enactment.

F5

Substituted by Minerals Development Act 2017 (23/2017), s. 250, not commenced as of date of revision.

Modifications (not altering text):

C3

Prospective affecting provision: subs. (4)(k) substituted by Minerals Development Act 2017 (23/2017), s. 250, not commenced as of date of revision.

F5 [ ( k ) a prospecting licence granted under section 17 , a retention licence granted under section 22 , a mining licence granted under section 65 or continued under section 232 , an ancillary surface rights licence granted under section 113 , or a rehabilitation plan prepared or adopted under section 134 of the Minerals Development Act 2017, ]