Arterial Drainage Act 1945

7G

F23[Review

7G.(1) A person shall not question the validity of a decision made or other act done by the Minister in the performance or purported performance of a function under section 7E(1) 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).

(2) The High Court shall not grant leave for judicial review under this section 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) 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.

(3) A sufficient interest for the purposes of subsection (2)(a) is not limited to an interest in land or other financial interest.

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

(5) In this section "State authority" means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) Drogheda Port Company,

(d) Dublin Port Company,

(e) Galway Harbour Company,

(f) New Ross Port Company,

(g) Port of Cork Company,

(h) Port of Waterford Company,

(i) Shannon Foynes Port Company,

(j) a local authority within the meaning of the Local Government Act 2001 (No. 37 of 2001),

(k) the Health Service Executive,

(l) a person established—

(i) by or under any enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act),

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

(iii) under the Companies Act 2014, or a former enactment relating to companies within the meaning of section 5 of that Act, in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, or

(m) a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act, a majority of the shares in which are held by or on behalf of a Minister of the Government.]

Annotations

Amendments:

F23

Inserted (21.09.2019) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019), reg. 3(g), subject to transitional provisions in reg. 4.