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Environment (Miscellaneous Provisions) Act 2011

2 versions · 2011-08-02

2019-01-31

IE-2011-act-20 — consolidated version 2019-01-31

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Changes on 2019-01-31

@@ -1,8 +1,6 @@

# Environment (Miscellaneous Provisions) Act 2011

## PART 1 Preliminary and General

##### 1. Short title, collective citations, construction and commencement.

##### 1.. **Short title, collective citations, construction and commencement.**

**1**.— (1) This Act may be cited as the Environment (Miscellaneous Provisions) Act 2011.

@@ -14,7 +12,7 @@

(5) This Act shall come into operation on such day or days as the Minister for the Environment, Community and Local Government may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

##### 2. Definitions.

##### 2.. **Definitions.**

**2**.— In this Act—

@@ -24,7 +22,7 @@

## PART 2 Costs of Certain Proceedings to be Borne by Each Party in Certain Circumstances

##### 3. Costs of proceedings to be borne by each party in certain circumstances.

##### 3.. **Costs of proceedings to be borne by each party in certain circumstances.**

**3**.— (1) Notwithstanding anything contained in any other enactment or in—

@@ -50,13 +48,13 @@

(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section applies, a reference to the District Court, the Circuit Court, the High Court or the Supreme Court, as may be appropriate.

##### 4. Civil proceedings relating to certain licences, etc.

##### 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 attached to a licence, permit, permission, lease or consent specified in *subsection (4)*, or

(*b*) in respect of the contravention of, or the failure to comply with such licence, permit, permission, lease or consent,

(*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.

@@ -102,9 +100,9 @@

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

(*h*) a licence granted under section 40, or a general felling licence granted under section 49, of the Forestry Act 1946,

(*i*) a licence granted pursuant to section 30 of the Radiological Protection Act 1991,

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

(*i*) F1[a licence or registration granted pursuant to regulations made undersection 30of theRadiological Protection Act 1991],

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

@@ -114,7 +112,11 @@

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

(*n*) a permission or approval granted pursuant to the Planning and Development Act 2000.

(*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—

@@ -128,9 +130,9 @@

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

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

##### 5. Proceedings relating to Information Regulations.

(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.

##### 5.. **Proceedings relating to Information Regulations.**

**5**.— (1) *Section 3* applies to civil proceedings, other than proceedings referred to in *subsection (2)*, instituted by a person relating to a request referred to in Regulation 6 of the Information Regulations.

@@ -142,7 +144,7 @@

“public authority” has the meaning assigned to it by the Information Regulations.

##### 6. Additional proceedings to which *section 3* applies.

##### 6.. **Additional proceedings to which section 3 applies.**

**6**.—*Section 3* applies to—

@@ -152,7 +154,7 @@

(*c*) proceedings for interim or interlocutory relief in relation to any proceedings referred to in *section 4* or *5* or *paragraph (a)*.

##### 7. Application to court for determination that *section 3* applies to proceedings.

##### 7.. **Application to court for determination that section 3 applies to proceedings.**

**7**.— (1) A party to proceedings to which *section 3* applies may at any time before, or during the course of, the proceedings apply to the court for a determination that *section 3* applies to those proceedings.

@@ -164,13 +166,13 @@

(5) An application under *subsection (1)* shall be by motion on notice to the parties concerned.

##### 8. Judicial notice to be taken of Convention.

##### 8.. **Judicial notice to be taken of Convention.**

**8**.— Judicial notice shall be taken of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998.

## PART 3 Amendment of Act of 1987

##### 9. Amendment of section 12 of Act of 1987.

##### 9.. **Amendment of section 12 of Act of 1987.**

**9**.— Section 12(1) of the Act of 1987 is amended—

@@ -190,9 +192,9 @@

(ii) “€5,000” for “£1,000”.

##### 10. Fixed payment notice.

**10**.— The Act of 1987 is amended by inserting the following section after section 12:

##### 10.. **Fixed payment notice.**

**10**.— The Act of 1987 is amended by inserting the following. section after section 12:

“12A.— (1) Where an authorised person has reasonable grounds for believing that a person has committed a relevant offence and is liable to summary prosecution in respect thereof, the authorised person may give to the person a notice (in this Act referred to as a ‘fixed payment notice’) in writing and in the prescribed form stating that—

@@ -230,7 +232,7 @@

‘relevant offence’ means an offence under section 11 consisting of a contravention of article 3(1), 3(2), regulation 3A, article 4, regulation 4A(1), 4A(2), 4B(1), 4C(1), 4C(2), article 6 or 7 of the Fuel Regulations.”.

##### 11. Amendment of section 14 of Act of 1987.

##### 11.. **Amendment of section 14 of Act of 1987.**

**11**.— Section 14 of the Act of 1987 is amended—

@@ -248,7 +250,7 @@

## PART 4 Amendment of Act of 1996

##### 12. Amendment of section 72 of Act of 1996.

##### 12.. **Amendment of section 72 of Act of 1996.**

**12**.— Section 72 of the Act of 1996 is amended—

@@ -288,7 +290,7 @@

(*d*) in subsection (12)(*a*)(ii), by deleting clause (II).

##### 13. Amendment of section 73 of Act of 1996.

##### 13.. **Amendment of section 73 of Act of 1996.**

**13**.— Section 73 of the Act of 1996 is amended—

@@ -328,7 +330,7 @@

(*f*) by deleting subsection (9).

##### 14. Amendment of section 74 of Act of 1996.

##### 14.. **Amendment of section 74 of Act of 1996.**

**14**.— (1) Section 74 of the Act of 1996 is amended—

@@ -340,7 +342,7 @@

## PART 5 Amendment of Planning and Development Act 2000

##### 15. Definitions.

##### 15.. **Definitions.**

**15**.— In this Part—

@@ -350,7 +352,7 @@

“Act of 2010” means the Planning and Development (Amendment) Act 2010.

##### 16. Amendment of section 2 of Act of 2000.

##### 16.. **Amendment of section 2 of Act of 2000.**

**16**.— Section 2(1) of the Act of 2000 is amended by inserting the following definitions:

@@ -358,7 +360,7 @@

‘quarry’ has the meaning assigned to it by section 3 of the Mines and Quarries Act 1965;”.

##### 17. Amendment of section 4 of Act of 2000.

##### 17.. **Amendment of section 4 of Act of 2000.**

**17**.— (1) Section 4 of the Act of 2000 is amended—

@@ -396,7 +398,7 @@

unless, immediately before such commencement, the development was being carried on in contravention of the Act of 2000 or regulations under that Act.

##### 18. Amendment of section 13 of Act of 2000.

##### 18.. **Amendment of section 13 of Act of 2000.**

**18**.— Section 13 of the Act of 2000 is amended—

@@ -404,11 +406,11 @@

(*b*) in subsection (8)(*c*) (amended by section 10(*e*) of the Act of 2010) by inserting “the Minister for Arts, Heritage and the Gaeltacht,” after “the Minister,”.

##### 19. Amendment of Section 30 of Act of 2000.

##### 19.. **Amendment of Section 30 of Act of 2000.**

**19**.— Section 30 of the Act of 2000 is amended by the insertion of “save as provided for by sections 177X, 177Y, 177AB and 177AC” after “concerned”.

##### 20. Amendment of section 50A of Act of 2000.

##### 20.. **Amendment of section 50A of Act of 2000.**

**20**.— Section 50A of the Act of 2000 is amended—

@@ -416,7 +418,7 @@

(*b*) in subsection (4) by substituting “sufficient interest” for “substantial interest”.

##### 21. Amendment of section 50B of Act of 2000.

##### 21.. **Amendment of section 50B of Act of 2000.**

**21**.— Section 50B of the Act of 2000 is amended by—

@@ -430,31 +432,31 @@

“(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.”.

##### 22. Amendment of section 57 of Act of 2000.

##### 22.. **Amendment of section 57 of Act of 2000.**

**22**.— (1) Subsection (1) of section 57 (amended by section 34 of the Act of 2010) of the Act of 2000 is amended by inserting “(*ia*)” between “(*i*)” and “(*j*)”.

(2) The amendment effected by *subsection (1)* shall not apply to development begun prior to the commencement of this section and completed not later than 12 months after such commencement, unless, immediately before such commencement, the development was being carried on in contravention of the Act of 2000 or regulations made under that Act.

##### 23. Amendment of section 82 of Act of 2000.

##### 23.. **Amendment of section 82 of Act of 2000.**

**23**.— (1) Subsection (1) of section 82 of the Act of 2000 is amended by substituting “Notwithstanding paragraph (*a*), (*h*), (*i*), (*ia*), (*j*), (*k*) or (*l*) of section 4(1), or any regulations made under section 4(2),” for “Notwithstanding section 4(1)(*h*),”.

##### 24. Amendment of section 87 of Act of 2000.

##### 24.. **Amendment of section 87 of Act of 2000.**

**24**.— (1) Subsection (1) of section 87 of the Act of 2000 is amended by substituting “Notwithstanding paragraph (*a*), (*h*), (*i*), (*ia*), (*j*), (*k*) or (*l*) of section 4(1), or any regulations made under section 4(2),” for “Notwithstanding section 4 and any regulations made thereunder,”.

##### 25. Amendment of section 130 of Act of 2000.

##### 25.. **Amendment of section 130 of Act of 2000.**

**25**.— Section 130 of the Act of 2000 is amended by substituting the following subsection for subsection (5) (amended by section 42 of the Act of 2010):

“(5) Subsections (1)(*b*) and (4) shall not apply to submissions or observations made by a Member State or another state which is a party to the Transboundary Convention, arising from consultation in accordance with the Environmental Impact Assessment Directive or the Transboundary Convention, as the case may be, in relation to the effects on the environment of the development to which the appeal under section 37 relates.”.

##### 26. Amendment of section 135 of Act of 2000.

##### 26.. **Amendment of section 135 of Act of 2000.**

**26**.— Section 135 (amended by section 23 of the Act of 2006) of the Act of 2000 is amended—

@@ -490,7 +492,7 @@

(ii) he or she has not formed the opinion referred to in subsection (2AC).”.

##### 27. Amendment of section 153 of Act of 2000.

##### 27.. **Amendment of section 153 of Act of 2000.**

**27**.— Section 153 (amended by section 45 of the Act of 2010) of the Act of 2000 is amended—

@@ -502,7 +504,7 @@

(8) Nothing in this section shall operate to prevent or shall be construed as preventing a planning authority, in relation to an unauthorised development which has been or is being carried out, from both issuing an enforcement notice under section 154 and making an application pursuant to section 160.”.

##### 28. Amendment of section 157 of Act of 2000.

##### 28.. **Amendment of section 157 of Act of 2000.**

**28**.— Subsection (4) of section 157 of the Act of 2000 is amended by inserting the following paragraphs after paragraph (*a*):

@@ -520,7 +522,7 @@

(*ab*) Notwithstanding paragraph (*a*) or (*aa*) a warning letter or enforcement notice may issue at any time to require any unauthorised quarry development or unauthorised peat extraction development to cease and proceedings for an offence under section 154 may issue at any time in relation to an enforcement notice so issued.”.

##### 29. Amendment of section 160 of Act of 2000.

##### 29.. **Amendment of section 160 of Act of 2000.**

**29**.— Subsection (6) of section 160 of the Act of 2000 is amended by inserting the following paragraphs after paragraph (*a*):

@@ -538,17 +540,17 @@

(*ab*) Notwithstanding paragraph (*a*) or (*aa*), an application to the High Court or Circuit Court may be made at any time for an order under this section to cease unauthorised quarry development or unauthorised peat extraction development.”.

##### 30. Amendment of section 170 of Act of 2000.

##### 30.. **Amendment of section 170 of Act of 2000.**

**30**.— Subsection (2) of section 170 of the Act of 2000 is amended by substituting “Subject to the provisions of Part X or Part XAB, or both of those Parts as appropriate, a planning authority shall” for “A planning authority shall”.

##### 31. Amendment of section 177R of Act of 2000.

##### 31.. **Amendment of section 177R of Act of 2000.**

**31**.— Section 177R (inserted by section 57 of the Act of 2010) of the Act of 2000 is amended by the substitution of the following definition for the definition of “candidate special protection area”:

“ ‘candidate special protection area’ means a site in relation to which the Minister for Arts, Heritage and the Gaeltacht has given notice pursuant to regulations under the European Communities Act 1972 that he or she considers that the site may be eligible for classification as a special protection area pursuant to Article 4 of the Birds Directive but only until the public notification of the making of a decision by that Minister to classify or not to classify such a site as a special protection area;”.

##### 32. European site that does not host priority habitat or species and draft Land use plan.

“‘candidate special protection area’ means a site in relation to which the Minister for Arts, Heritage and the Gaeltacht has given notice pursuant to regulations under the European Communities Act 1972 that he or she considers that the site may be eligible for classification as a special protection area pursuant to Article 4 of the Birds Directive but only until the public notification of the making of a decision by that Minister to classify or not to classify such a site as a special protection area;”.

##### 32.. **European site that does not host priority habitat or species and draft Land use plan.**

**32**.— The Act of 2000 is amended by substituting the following section for section 177X (inserted by section 57 of the Act of 2010):

@@ -586,7 +588,7 @@

(8) The competent authority shall make available for inspection by members of the public during office hours at the office of the authority, and may also publish on the internet a notice issued to the authority under subsection (5) or (6).”.

##### 33. European site that hosts priority habitat or species and draft Land use plan.

##### 33.. **European site that hosts priority habitat or species and draft Land use plan.**

**33**.— The Act of 2000 is amended by substituting the following section for section 177Y (inserted by section 57 of the Act of 2010):

@@ -598,13 +600,13 @@

(*c*) consider any views of a Minister of the Government consulted pursuant to paragraph (*b*) and which are received by the Minister before he or she issues a notice under subsection (6), (7) or (8).

(2) (*a*) Where the Minister considers that imperative reasons of overriding public interest may exist and may comprise or include a reason or reasons other than the reasons set out in section 177W(4)(*a*) to (*c*), the Minister shall consider whether the opinion of the Commission should be sought in relation to the matter.

(2)(*a*) Where the Minister considers that imperative reasons of overriding public interest may exist and may comprise or include a reason or reasons other than the reasons set out in section 177W(4)(*a*) to (*c*), the Minister shall consider whether the opinion of the Commission should be sought in relation to the matter.

(*b*) Where the Minister proposes not to seek the opinion of the Commission pursuant to paragraph (*a*) he or she shall, in addition to any consultation that may have taken place under subsection (1)(*b*), as soon as possible consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister and request that the other Minister furnish his or her views as soon as possible.

(*c*) The Minister shall consider any views received from any other Minister of the Government consulted under paragraph (*b*) where those views are received by the Minister before he or she decides whether to seek the opinion of the Commission under paragraph (*a*).

(3) (*a*) Where the Minister considers that imperative reasons of overriding public interest may exist, he or she shall, as soon as possible, request the views of the Minister for Arts, Heritage and the Gaeltacht as to whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

(3)(*a*) Where the Minister considers that imperative reasons of overriding public interest may exist, he or she shall, as soon as possible, request the views of the Minister for Arts, Heritage and the Gaeltacht as to whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

(*b*) Following receipt of the views of the Minister for Arts, Heritage and the Gaeltacht, the Minister may enter into consultations with the competent authority, who may submit a revised or modified plan or revised or modified compensatory measures.

@@ -652,17 +654,17 @@

(10) The competent authority shall make available for inspection by members of the public during office hours at the office of the authority, and may also publish on the internet a notice issued to the authority under subsection (6), (7) or (8).”.

##### 34. Amendment of section 177Z of Act of 2000.

##### 34.. **Amendment of section 177Z of Act of 2000.**

**34**.— Section 177Z (inserted by section 57 of the Act of 2010) of the Act of 2000 is amended by the substitution of the following subsection for subsection (1):

“(1) Where a competent authority has received a notice from the Minister under section 177X(6) or section 177Y(8) in relation to a draft Land use plan, and the authority is satisfied that the draft plan can be amended so that it no longer contains the parts or elements which were the subject of a determination under section 177V that the plan would adversely affect a European site, then the authority may make the plan having omitted those parts or elements therefrom.”.

##### 35. European site that does not host priority habitat or species.

##### 35.. **European site that does not host priority habitat or species.**

**35**.— The Act of 2000 is amended by substituting the following section for section 177AB (inserted by section 57 of the Act of 2010):

“177AB.— (1) (*a*) Where the Minister receives a statement of case under section 177AA(1) relating to a European site that does not host a priority habitat type or priority species, he or she shall as soon as possible request the views of the Minister for Arts, Heritage and the Gaeltacht as to whether the compensatory measures are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

“177AB.— (1)(*a*) Where the Minister receives a statement of case under section 177AA(1) relating to a European site that does not host a priority habitat type or priority species, he or she shall as soon as possible request the views of the Minister for Arts, Heritage and the Gaeltacht as to whether the compensatory measures are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

(*b*) Following receipt of the views of the Minister for Arts, Heritage and the Gaeltacht, the Minister may enter into consultations with the competent authority, who having consulted with the applicant for consent for the proposed development, may submit to the Minister a modified proposal for the development, modified proposed conditions to be attached to the proposed development or modified or alternative proposed compensatory measures.

@@ -678,17 +680,17 @@

(6) The competent authority shall make available for inspection by members of the public during office hours at the office of the authority, and may also publish on the internet a notice issued to the authority under subsection (3) or (4).”.

##### 36. European site that hosts priority habitat or species.

##### 36.. **European site that hosts priority habitat or species.**

**36**.— The Act of 2000 is amended by substituting the following section for section 177AC (inserted by section 57 of the Act of 2010):

“177AC.— (1) (*a*) Where the Minister receives a statement of case under section 177AA(1) relating to a European site that hosts a priority habitat type or priority species he or she shall as soon as possible request the views of the Minister for Arts, Heritage and the Gaeltacht as to whether the compensatory measures are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

“177AC.— (1)(*a*) Where the Minister receives a statement of case under section 177AA(1) relating to a European site that hosts a priority habitat type or priority species he or she shall as soon as possible request the views of the Minister for Arts, Heritage and the Gaeltacht as to whether the compensatory measures are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

(*b*) Following receipt of the views of the Minister for Arts, Heritage and the Gaeltacht, the Minister may enter into consultations with the competent authority, who having consulted with the applicant for consent for the proposed development, may submit to the Minister a modified proposal for the development, modified proposed conditions to be attached to the proposed development, or modified or alternative proposed compensatory measures.

(*c*) The Minister may enter into consultations with the Minister for Arts, Heritage and the Gaeltacht and into further consultations with the competent authority in relation to the proposal for the development or any modified proposal for the development, the proposed conditions or any modified proposed conditions to be attached to the proposed development and the compensatory measures or any modified or alternative proposed compensatory measures.

(2) (*a*) Where the Minister considers that the imperative reasons of overriding public interest comprise or include a reason or reasons other than the reasons set out in section 177AA(4)(*a*) to (*c*), the Minister shall consider whether the opinion of the Commission should be sought in relation to the matter.

(2)(*a*) Where the Minister considers that the imperative reasons of overriding public interest comprise or include a reason or reasons other than the reasons set out in section 177AA(4)(*a*) to (*c*), the Minister shall consider whether the opinion of the Commission should be sought in relation to the matter.

(*b*) Where the Minister proposes not to seek the opinion of the Commission he or she shall as soon as possible consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister and request that other Minister to furnish his or her views as soon as possible.

@@ -720,7 +722,7 @@

(8) The competent authority shall make available for inspection by members of the public during office hours at the offices of the authority and may also publish on the internet a notice issued to the authority under subsection (6), (7) or (8).”.

##### 37. Amendment of section 181A of Act of 2000.

##### 37.. **Amendment of section 181A of Act of 2000.**

**37**.— Section 181A (inserted by section 36 of the Act of 2006) of the Act of 2000 is amended as follows—

@@ -730,7 +732,11 @@

(*c*) by substituting “revised environmental impact statement or revised Natura impact statement or both of those statements, as the case may be,” for “revised environmental impact statement” in both places where it occurs in subsections (4)(*b*) and (7)(*a*)(ii).

##### 38. Amendment of section 181B of Act of 2000.

##### 37A.. **F6[Transitional provision regarding section 37.**

**37A**.—The amendment to section 181A (inserted by section 36 of the Act of 2006) of the Act of 2000 effected by section 37 shall not apply to development in respect of which the procedures under Part 9 of the Planning and Development Regulations 2001 have been completed prior to the coming into operation of section 37 provided that the development is commenced not later than 12 months after such coming into operation unless, immediately before such coming into operation, the development was being carried out in contravention of the Act of 2000 or regulations made under it.]

##### 38.. **Amendment of section 181B of Act of 2000.**

**38**.— Section 181B (inserted by section 36 of the Act of 2006) of the Act of 2000 is amended—

@@ -740,7 +746,11 @@

(*c*) in subsection (3) by substituting “the effects, if any of the proposed development on the environment or adverse effects, if any of the proposed development on the integrity of a European site” for “the effects, if any of the proposed development on the environment”.

##### 39. Amendment of section 182A of Act of 2000.

##### 38A.. **F7[Transitional provision regarding section 38.**

**38A**.—The amendment to section 181B (inserted by section 36 of the Act of 2006) of the Act of 2000 effected by section 38 shall not apply to development in respect of which the procedures under Part 9 of the Planning and Development Regulations 2001 have been completed prior to the coming into operation of section 38 provided that the development is commenced not later than 12 months after such coming into operation unless, immediately before such coming into operation, the development was being carried out in contravention of the Act of 2000 or regulations made under it.]

##### 39.. **Amendment of section 182A of Act of 2000.**

**39**.— Section 182A (inserted by section 4 of the Act of 2006) of the Act of 2000 is amended—

@@ -752,7 +762,7 @@

(*d*) by substituting “revised environmental impact statement or revised Natura impact statement or both of those statements, as the case may be,” for “environmental impact statement” where it occurs for the second time in subsection (8)(*a*).

##### 40. Amendment of section 182C of Act of 2000.

##### 40.. **Amendment of section 182C of Act of 2000.**

**40**.— Section 182C (inserted by section 4 of the Act of 2006) of the Act of 2000 is amended—

@@ -766,23 +776,23 @@

(ii) “the revised environmental impact statement or revised Natura impact statement or both of those statements, as the case may be,” for “the environmental impact statement”.

##### 41. Amendment of Seventh Schedule to Act of 2000.

##### 41.. **Amendment of Seventh Schedule to Act of 2000.**

**41**.— The Seventh Schedule to the Act of 2000 (inserted by section 5 of the Act of 2006) is amended by substituting the following paragraph for paragraph 4 (inserted by section 78 of the Act of 2010):

“***Health Infrastructure***

“**Health Infrastructure**

4. Development comprising the following:

A health care facility (other than a development which is predominantly for the purposes of providing care services (within the meaning of section 3 of the Nursing Homes Support Scheme Act 2009)) which, whether or not the facility is intended to form part of another health care facility, shall provide in-patient services and shall have not fewer than 100 beds in order to so provide.”.

##### 42. Repeal.

##### 42.. **Repeal.**

**42**.— Sections 5, 35, 36, 43, 47, 48, 52, 60, 61, 63, paragraphs (*b*), (*c*) and (*d*) of section 65 and section 69 of the Act of 2010 are repealed.

## PART 6 Miscellaneous

##### 43. Amendment of Freedom of Information Act 1997.

##### 43.. **Amendment of Freedom of Information Act 1997.**

**43**.— The Third Schedule to the Freedom of Information Act 1997 is amended, at the end of Part I, by inserting—

@@ -792,7 +802,7 @@

(*c*) in column (3), opposite the mention in column (2) of Air Pollution Act 1987, “section 16(4)”.

##### 44. Amendment of Local Government Act 1998.

##### 44.. **Amendment of Local Government Act 1998.**

**44**.— Section 6 of the Local Government Act of 1998 is amended—

@@ -828,15 +838,15 @@

‘railway infrastructure’ has the meaning assigned to it by the Act of 2001.”.

##### 45. Amendment of section 70 of Environmental Protection Agency Act 1992.

##### 45.. **Amendment of section 70 of Environmental Protection Agency Act 1992.**

**45**.— Section 70 of the Environmental Protection Agency Act 1992 is amended in paragraph (*a*) by substituting “fourth” for “fifth”.

##### 46. Repeal.

##### 46.. **Repeal.**

**46**.— Section 62 of the Act of 1996 is repealed.

##### 47. Savings and transitionals.

##### 47.. **Savings and transitionals.**

**47**.— (1) The repeal, under *section 12 (c)*, of subsections (7) and (8) of section 72 of the Act of 1996 shall not operate to affect—

@@ -858,12 +868,14 @@

(ii) provided for in regulations under that section made after the coming into operation of the Waste Management (Landfill Levy) Order 2010 (S.I. No. 13 of 2010).

##### 48. Placenames.

##### 48.. **Placenames.**

**48**.— The Local Government Act 2001 is amended by the substitution of the following Part for Part 18:

“PART 18

Placenames

Interpretation.

188.— In this Part—

@@ -892,33 +904,85 @@

Changing of placename.

189.— (1) A local authority may, in relation to a place situated within its functional area, by resolution passed by not less than half of the members standing elected or coopted for the time being to that local authority adopt a proposal to substitute a new placename (in this section referred to as the ‘proposed new placename’) for the then existing placename in respect of that place.

189.— (1) A F8[local council] may, in relation to a place situated within its functional area, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F8[local council] adopt a proposal to substitute a new placename (in this section referred to as the ‘proposed new placename’) for the then existing placename in respect of that place.

(2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.

(3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.

(4) Where a local authority adopts a proposal under subsection (1) it shall—

(4) Where a F8[local council] adopts a proposal under subsection (1) it shall—

(*a*) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and

(*b*) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.

(5) A person who receives a notification under paragraph (*a*) of subsection (4) shall be entitled to make submissions in writing to the F8[local council] that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.

(6) A F8[local council] shall consider any submissions received by it in accordance with a notification under paragraph (*a*) of subsection (4) or a notice under paragraph (*b*) of that subsection.

(7) After considering any submissions referred to in subsection (6), a F8[local council] may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that F8[local council] decide—

(*a*) to hold a ballot of the qualified electors registered in the place to which the proposed new placename applies in respect of the proposed new placename or such alternative to the proposed new placename as it considers appropriate, or

(*b*) not to proceed with the proposal to change the placename of the place concerned.

(8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.

(9)(*a*) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirleach of the F8[local council] concerned shall make a declaration stating that, from such date (determined in accordance with paragraph (*b*)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.

(*b*) Where the Cathaoirleach of a F8[local council] makes a declaration under this subsection, the placename specified in the declaration shall—

(i) if the declaration is made not less than 3 months before the 1st day of January next following the declaration, become and be the placename in respect of the place concerned from the said 1st day of January, or

(ii) in any other case, become and be the placename in respect of the place concerned from the first anniversary of the said 1st day of January.

(*c*) Every declaration under this subsection shall be published in such manner as may be prescribed by regulations made by the Minister and shall be notified in writing to such persons, or persons belonging to such class of person, as may be so prescribed.

(*d*) Every declaration under this subsection shall be published in *Iris Oifigiúil*, as soon as may be after its making.

(10) This section shall not apply to the townland, civil parish, non-municipal town or electoral division referred to in section 191.

F9[(11) In this section‘local council’, in relation to a local authority, means the local authority or the municipal district members in respect of each municipal district within the area of such local authority.]

Change of placename of place situated in more than one local authority area.

190.— (1)(*a*) A local authority may, in relation to a place that is situated—

(i) in its functional area, and

(ii) in the functional area of another local authority or the functional areas of other local authorities,

by resolution passed by not less than half of the members standing elected or coopted for the time being to the first-mentioned local authority, propose to substitute a new placename (in this section referred to as the ‘proposed new placename’) for the then existing placename in respect of that place.

(*b*) A proposal referred to in paragraph (*a*) shall stand adopted by the local authority first-mentioned in that paragraph upon the passing, in accordance with paragraph (*c*), of a resolution by each other local authority within whose functional area part of the place concerned is also situated consenting to the adoption of the proposal.

(*c*) A resolution referred to in paragraph (*b*) shall be passed by not less than half of the members standing elected or coopted for the time being to the local authority concerned.

(2) The boundary of the place to which a proposal adopted under subsection (1) applies shall be described in that proposal whether by reference to a map or otherwise.

(3) A proposal adopted under subsection (1) shall specify the proposed new placename in the Irish language only or in both the Irish language and the English language.

(4) Where a proposal stands adopted under subsection (1), each local authority shall, in respect of that part of the place situated in its functional area—

(*a*) notify such persons, or persons belonging to such class of person, as may be prescribed by regulations made by the Minister of the adoption of the proposal, and

(*b*) publish a public notice of the proposal inviting submissions in writing from members of the public in relation thereto not later than 2 months from the date of the publication of the notice.

(5) A person who receives a notification under paragraph (*a*) of subsection (4) shall be entitled to make submissions in writing to the local authority that gave the notification in relation to the proposal concerned not later than 2 months from the date of the notification.

(6) A local authority shall consider any submissions received by it in accordance with a notification under paragraph (*a*) of subsection (4) or a notice under paragraph (*b*) of that subsection.

(7) After considering any submissions referred to in subsection (6), a local authority may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that local authority decide—

(7) After considering any submissions referred to in subsection (6), each local authority concerned may, by resolution passed by not less than half of the members standing elected or coopted for the time being to that local authority decide—

(*b*) not to proceed with the proposal to change the placename of the place concerned.

(8) A ballot to which subsection (7) applies shall be in secret and shall be conducted in accordance with regulations made by the Minister.

(9) (*a*) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirleach of the local authority concerned shall make a declaration stating that, from such date (determined in accordance with paragraph (*b*)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.

(*b*) Where the Cathaoirleach of a local authority makes a declaration under this subsection, the placename specified in the declaration shall—

(9)(*a*) Subject to subsection (3) of section 192, if a majority of the votes cast at a ballot held pursuant to a decision under subsection (7) is in favour of the proposed new placename concerned the Cathaoirligh of the local authorities concerned shall jointly declare that, from such date (determined in accordance with paragraph (*b*)) as is specified in the declaration, that proposed new placename shall become and be the placename in respect of the place concerned.

(*b*) Where the Cathaoirligh of the local authorities concerned make a declaration under this subsection, the placename specified in the declaration shall—

@@ -928,56 +992,6 @@

(*d*) Every declaration under this subsection shall be published in *Iris Oifigiúil*, as soon as may be after its making.

(10) This section shall not apply to the townland, civil parish, non-municipal town or electoral division referred to in section 191.

Change of placename of place situated in more than one local authority area.

190.— (1) (*a*) A local authority may, in relation to a place that is situated—