Air Pollution Act 1987
F29[Appeals relating to fuels register
22C. — (1) The Agency, with the consent of the Minister, may appoint a person who in the opinion of the Agency has the relevant knowledge and experience in relation to fuel activities and air pollution, and procedures relating to registration and inspections, to be an appeals officer for the purposes of this section (in this section referred to as an "appeals officer"), who shall be independent in the performance of his or her functions under this section.
(2) Where the Agency, having considered any representations under section 22A(7) decides to—
(a) refuse to register a specified person, or
(b) register the specified person subject to conditions,
the Agency shall notify the specified person in writing of the decision and the reasons therefor and shall inform the person that he or she may appeal the decision to an appeals officer not later than 14 days from the date on which the notice issued to the specified person.
(3)(a) Where the specified person appeals the decision of the Agency, notified under subsection (2), he or she shall do so in writing within 14 days from the date on which the notice issued to the specified person, and the appeals officer shall consider all information furnished with the original application, representations under section 22A(7), and any additional information that the appeals officer considers necessary.
(b) Following consideration under paragraph (a), the appeals officer shall decide to either—
(i) annul the decision of the Agency referred to in subsection (2)(a) and direct the Agency to register the specified person and enter the information referred to at paragraphs (a) to (d) of section 22A(3) on the register,
(ii) annul or amend the decision of the Agency referred to in subsection (2)(b) and direct the Agency to register the prescribed person without any conditions, or subject to conditions other than those imposed by the Agency, and enter the information referred to at paragraphs (a) to (d) of section 22A(3) on the register, or
(iii) confirm the decision of the Agency referred to in paragraph (a) or (b), as the case may be, of subsection (2).
(c) The appeals officer, as soon as may be after he or she makes a decision under paragraph (b), shall notify the specified person in writing of the decision and the reason therefor.
(4)(a) A person affected by a decision of an appeals officer under subsection (3) may, not later than 28 days after he or she receives a copy of the decision, appeal to the Circuit Court against the decision.
(b) The jurisdiction conferred on the Circuit Court by this subsection shall be exercised by the judge for the time being assigned to the circuit where the appellant ordinarily resides, and for the purposes of this paragraph a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.
(c) The appeal shall be determined by the Circuit Court—
(i) confirming the decision of the appeals officer under subsection (3) to which the appeal relates, or
(ii) substituting its determination for that decision.
(d) A decision of the Circuit Court under this section shall be final, save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.]
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 24(1), S.I. No. 358 of 2015, subject to transitional provision in subs. (2).