Planning and Development Act 2000
F474[Costs in environmental matters.
50B.—(1) This section applies to proceedings of the following kinds:
(a) proceedings in the High Court by way of judicial review, or of seeking leave to apply for judicial review, of—
(i) any decision or purported decision made or purportedly made,
(ii) any action taken or purportedly taken, F475[…]
(iii) any failure to take any action,
pursuant to a F476[statutory provision] that gives effect to—
(I) a provision of Council Directive 85/337/EEC of 27 June 1985 to which Article 10a (inserted by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directive 85/337/EEC and 96/61/EC) of that Council Directive applies,
(II) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, or
(III) a provision of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control to which Article 16 of that Directive F476[applies, or]
F477[(IV) paragraph 3 or 4 of Article 6 of the Habitats Directive; or]
(b) an appeal (including an appeal by way of case stated) to the Supreme Court from a decision of the High Court in a proceeding referred to in paragraph (a);
(c) proceedings in the High Court or the Supreme Court for interim or interlocutory relief in relation to a proceeding referred to in paragraph (a) or (b).
F478[(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.]
F479[(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.]
(3) The Court may award costs against a party in proceedings to which this section applies if the Court considers it appropriate to do so—
(a) because the Court considers that a claim or counterclaim by the party is frivolous or vexatious,
(b) because of the manner in which the party has conducted the proceedings, or
(c) where the party is in contempt of the Court.
(4) Subsection (2) does not affect the Court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.
(5) In this section a reference to "the Court" shall be construed as, in relation to particular proceedings to which this section applies, a reference to the High Court or the Supreme Court, as may be appropriate.]
F477[(6) In this section "statutory provision" means a provision of an enactment or instrument under an enactment.]
Annotations
Amendments:
F474
Inserted (28.09.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 33, S.I. No. 451 of 2010.
F475
Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 29(a)(ii), S.I. No. 436 of 2018.
F476
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 29(a)(i), (iii), S.I. No. 436 of 2018.
F477
Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 29(a)(iv), (b), S.I. No. 436 of 2018.
F478
Substituted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 21(a), S.I. No. 433 of 2011.
F479
Inserted (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 21(b), S.I. No. 433 of 2011.
F480
Substituted by Planning and Development Act 2024 (34/2024), s. 304(2)(a)-(d), not commenced as of date of revision.
Modifications (not altering text):
C130
Prospective affecting provision: subs. (1)(a)(I), (III), (IV) substituted, (II) amended by Planning and Development Act 2024 (34/2024), s. 304(2)(a)-(d), not commenced as of date of revision.
F480[(I) a provision of the Environmental Impact Assessment Directive (within the meaning of the Planning and Development Act 2024) to which, by virtue of paragraph 1 of Article 11 of that Directive, the said Article 11 is subject,]
(II) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the F480[environment,]
F480[(III) a provision of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 201020 on industrial emissions (integrated pollution prevention and control) to which, by virtue of paragraph 1 of Article 25 of that Directive, Article 24 of that Directive is subject, or]
F480[(IV) paragraph 3 or 4 of Article 6 of the Habitats Directive (within the meaning of the Planning and Development Act 2024);]
C131
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 303(3), not commenced as of date of revision. Note that Part 9 chapter 1 referred to in subs. (4) refers to ss. 278-290 (Part 9 judicial review).
Continued application of sections 50, 50A and 50B of Act of 2000 for limited period
303.— …
(3) Section 50B of the Act of 2000 shall apply and have effect in relation to a decision or an act of a planning authority or the Commission under this Act as they apply and have effect in relation to a decision or an act of a planning authority or the Commission under the Act of 2000.
(4) This section shall cease to have effect upon the commencement of Chapter 1 of Part 9.
C132
Prospective affecting provision: section applied with modifications by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 41(6), not commenced as of date of revision.
Judicial review
41. ...
(6) The provisions of section 50B of the Act of 2000 shall, with all necessary modifications, apply to the questioning of a decision, act or omission referred to in this section which has been subjected to an EIA or an AA or both an EIA and an AA.
...
C133
Section applied with modifications (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 10(17), S.I. No. 403 of 2019.
Appeal to Board against relevant regulatory decision
10. ...
(17) Sections 50, 50A and 50B of the Act of 2000 shall, with all necessary modifications, apply to a decision of the Board under subsection (8) (a) on the appeal as those sections apply to a decision of the Board under section 37 of that Act on an appeal referred to in section 37R(1) of that Act.
...
C134
Section applied with modifications (8.09.2011) by European Communities (Environmental Impact Assessment) (Agriculture) Regulations 2011 (S.I. No. 456 of 2011), reg. 22.
Costs in certain civil proceedings
22. Section 50B (inserted by section 33 of the Planning and Development (Amendment) Act 2010 (No. 30 of 2010)) as amended by section 21 of the Environmental Miscellaneous Provisions Act 2011 (No. 20 of 2011) of the Planning and Development Act 2000 applies mutatis mutandi to these Regulations.
Editorial Notes:
E225
Previous affecting provision: application of section extended (14.10.2010) by European Communities (Forest Consent and Assessment) Regulations 2010 (S.I. No. 558 of 2010), reg. 22; revoked (24.05.2017) by Forestry Regulations 2017 (S.I. No. 191 of 2017), reg. 23(1)(a), in effect as per reg. 1(2).
E226
Previous affecting provision: subs. (2) substituted (28.09.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 33, S.I. No. 451 of 2010; substituted as per F-note above.