Aircraft Noise (Dublin Airport) Regulation Act 2019

5.

Airport levy

5. (1) In this section, “competent authority regulations” means regulations made by the competent authority under subsection (4).

(2) The airport authority shall be liable to pay a monthly, biannual or annual charge (in this section referred to as the “airport levy”) in respect of the costs incurred by the competent authority in the performance of its functions under the Aircraft Noise Regulation, this Act and the Act of 2000.

(3) The airport levy shall be paid to the competent authority on or before the date prescribed for the purpose in the competent authority regulations, in respect of the period concerned and in the manner prescribed for the purpose in such regulations.

(4) The competent authority shall, as soon as is practicable after the commencement of this section, prescribe by regulations the airport levy to be paid having regard to the costs incurred or reasonably expected to be incurred by the competent authority in the performance of its functions under the Aircraft Noise Regulation, this Act and the Act of 2000.

(5) The amount of the airport levy shall not exceed those sums necessary to fund the competent authority in the performance of its functions under the Aircraft Noise Regulation, this Act and the Act of 2000 and may only be applied by the competent authority towards such funding or towards meeting any other costs reasonably arising in the course of the performance of such functions.

(6) Any surplus of airport levy income over costs referred to in this section incurred over a particular local financial year of the competent authority shall be—

(a) retained by the competent authority to be offset against such costs for the subsequent such year, or

(b) returned to the airport authority.

(7) The competent authority may recover, as a simple contract debt in any court of competent jurisdiction, from the airport authority the airport levy (or any part thereof) due and owing to it.

(8) The competent authority shall ensure that its costs in the performance of its functions under the Aircraft Noise Regulation, this Act and the Act of 2000 are kept to a minimum and are not excessive.

(9) Nothing in this section shall be construed to prejudice the generality of any other provision of this Act under which the airport authority may be required to pay a fee.

Annotations

Amendments:

F5

Substituted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 51, not commenced as of date of revision.

Modifications (not altering text):

C4

Prospective affecting provision: subss. (2), (4), (5) and (8) amended by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 51, not commenced as of date of revision.

(2) The airport authority shall be liable to pay a monthly, biannual or annual charge (in this section referred to as the “airport levy”) in respect of the costs incurred by the competent authority in the performance of its functions under the Aircraft Noise Regulation, this Act and the F5[Act of 2024].

...

(4) The competent authority shall, as soon as is practicable after the commencement of this section, prescribe by regulations the airport levy to be paid having regard to the costs incurred or reasonably expected to be incurred by the competent authority in the performance of its functions under the Aircraft Noise Regulation, this Act and the F5[Act of 2024].

(5) The amount of the airport levy shall not exceed those sums necessary to fund the competent authority in the performance of its functions under the Aircraft Noise Regulation, this Act and the F5[Act of 2024] and may only be applied by the competent authority towards such funding or towards meeting any other costs reasonably arising in the course of the performance of such functions.

...

(8) The competent authority shall ensure that its costs in the performance of its functions under the Aircraft Noise Regulation, this Act and the F5[Act of 2024] are kept to a minimum and are not excessive.

...

Editorial Notes:

E3

Power pursuant to section exercised (17.11.2025) by Aircraft Noise (Dublin Airport) Regulation Act 2019 Levy No. 7 Regulations 2025 (S.I. No. 542 of 2025).

E4

Power pursuant to section exercised (27.11.2024) by Aircraft Noise (Dublin Airport) Regulation Act 2019 Levy No. 6 Regulations 2024 (S.I. No. 664 of 2024).

E5

Power pursuant to section exercised (22.11.2023) by Aircraft Noise (Dublin Airport) Regulation Act 2019 Levy No. 5 Regulations 2023 (S.I. No. 577 of 2023).

E6

Power pursuant to section exercised (16.11.2022) by Aircraft Noise (Dublin Airport) Regulation Act 2019 Levy No. 4 Regulations 2022 (S.I. No. 577 of 2022).

E7

Power pursuant to section exercised (18.11.2021) by Aircraft Noise (Dublin Airport) Regulation Act 2019 Levy No. 3 Regulations 2021 (S.I. No. 604 of 2021).

E8

Power pursuant to section exercised (20.11.2020) by Aircraft Noise (Dublin Airport) Regulation Act 2019 Levy No. 2 Regulations 2020 (S.I. No. 537 of 2020).

E9

Power pursuant to section exercised (26.11.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (Levy No. 1) Regulations 2019 (S.I. No. 590 of 2019).