AIRCRAFT NOISE (DUBLIN AIRPORT) REGULATION ACT 2019

• (d) specifying a period (ending not earlier than the period specified in section 24 within which an application under that section against any directions specified in the notice may be made) within which those steps must be taken.

• (3) The steps specified in an enforcement notice to remedy any failure or matter to which the notice relates may be framed so as to afford the relevant person a choice between different ways of remedying the failure or matter, as the case may be.

• (4) Where a relevant person to whom an enforcement notice has been given makes an application under section 24(1) against any direction specified in the notice, the steps specified in the notice need not be taken by the relevant person pending the determination, withdrawal or abandonment of the application.

• (5) The competent authority may cancel an enforcement notice by notice in writing given to the relevant person concerned.

• (6) Where a relevant person fails to take the steps specified in an enforcement notice given to it, the competent authority may, on notice to the relevant person, apply in a summary manner to the High Court for an order requiring the relevant person to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the High Court—

• (a) may—

• (i) make the order sought,

• (ii) make the order sought subject to such variations to those steps as may be specified in the order, or

• (iii) make the order sought subject to such other steps for the like purpose as may be specified in the order,

or

• (b) may dismiss the application,

and, whether paragraph (a) or (b) is applicable, may make such order as to costs as it thinks fit in respect of the application.

24. Application for cancellation of direction specified in enforcement notice

24. (1) A relevant person to whom an enforcement notice has been given may, on notice to the competent authority, not later than 30 days after being given the notice, apply to the High Court for the cancellation of any direction specified in the notice and, on such an application, the High Court may—

• (a) cancel the direction,

• (b) confirm the direction, or

• (c) vary the direction,

and, whether paragraph (a), (b) or (c) is applicable, make such order as to costs as it thinks fit in respect of the application.

• (2) The decision of the High Court on a direction specified in an enforcement notice shall be final save that, by leave of that Court or the Court of Appeal, an appeal by the competent authority or the relevant person, as the case may be, from the decision shall lie to the Court of Appeal on a point of law.

25. Rules of court

25. Rules of court may make provision for the expedition of the hearing of proceedings under sections 23 and 24.

PART 5 Notification Requirements

26. Notification of new operating restrictions

26. Article 8 of the Aircraft Noise Regulation applies to a new operating restriction—

• (a) in the case of this Act—

• (i) if no appeal under section 10 is made against a regulatory decision, made under section 9(15) and which adopts such operating restriction, within the appropriate period within the meaning of section 10(18), the expiration of such period, or

• (ii) if such an appeal is made within such period, the publication on the Board’s website pursuant to section 10(9)(a)—

• (I) of the Board’s decision under section 10(8)(a) to confirm the relevant regulatory decision (within the meaning of section 10(18)) concerned, or

• (II) of the Board’s decision under section 10(8)(b) that makes such operating restriction,

or

• (b) in the case of the Act of 2000—

• (i) if no appeal under section 37 of that Act as read with section 37R of that Act is made, within the appropriate period referred to in section 37(1) of that Act, against a decision under section 34 of that Act on a planning application which, by virtue of section 34B(15) or 34C(16), as the case may be, of that Act incorporates a regulatory decision of the competent authority under section 34B(13)(a) or 34C(14)(a), as the case may be, of that Act, the expiration of such period, or

• (ii) if such an appeal is made within such period, the publication on the Board’s website, pursuant to section 37R(7) of that Act—

• (I) of the Board’s decision under section 37 of that Act as read with section 37R of that Act to confirm the relevant regulatory decision (within the meaning of section 37R(14) of that Act) concerned, or

• (II) of the Board’s decision under section 37 of that Act as read with section 37R of that Act that makes such operating restriction.

27. European Commission review

27. (1) Where, following a notice given to it under Article 8(1) of the Aircraft Noise Regulation, the European Commission commences a review of the process for the introduction of an operating restriction in accordance with Article 8(3) of that Regulation, the competent authority and the appeal body (if section 26 applies) shall, as soon as is practicable after being requested to do by the Commission, give to the Commission all relevant information concerning the adoption of the new operating restriction the subject of such notice.

• (2) Where the competent authority receives a notice from the European Commission under Article 8(3) of the Aircraft Noise Regulation stating that the introduction of the new operating restriction the subject of the notice concerned under Article 8(1) of that Regulation did not follow the process set out in that Regulation, the competent authority shall, as soon as it is practicable after receiving the first-mentioned notice and before introducing such restriction—

• (a) examine the first-mentioned notification,

• (b) if the competent authority is satisfied that it is necessary to do so, reopen the process for the introduction of such restriction at a point at which the competent authority deems appropriate to do so in light of the first-mentioned notice and proceed with the process from that point in accordance with the Aircraft Noise Regulation and this Act and, if applicable, the Act of 2000, and

• (c) if the competent authority still intends to introduce such restriction, inform the European Commission of its intention.

PART 6 Miscellaneous

28. Power to specify form of documents

28. (1) The relevant authority may specify the form of documents required for the purposes of this Act or, as appropriate, section 34B, 34C or 37R of the Act of 2000, as it thinks appropriate.

• (2) The relevant authority’s power under subsection (1) may be exercised in such a way as to specify 2 or more forms of any document (whether in paper or electronic form or both) referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the relevant authority thinks appropriate.

• (3) The form of a document specified under this section shall be—

• (a) completed in accordance with such directions and instructions as are specified in the document,

• (b) accompanied by such other documents (including a statutory declaration) as are specified in the document, and

• (c) if the completed document is required to be provided to—

• (i) the relevant authority,

• (ii) another person on behalf of the relevant authority, or

• (iii) any other person,

so provided in the manner (if any) specified in the document.

• (4) In this section, “relevant authority” means—

• (a) the competent authority in the case of a document required by this Act, or section 34B, 34C or 37R of the Act of 2000, to be given to the competent authority, or

• (b) the Board in the case of a document required by this Act, or section 34B, 34C or 37R of the Act of 2000, to be given to the Board in its capacity as the appeal body.

29. Transitional provisions - noise mitigation measures

29. F16[…]

30. Transitional provisions - operating restrictions

30. F17[…]

30A. F18[Operating restrictions under section 30

30A. (1) A relevant condition to which section 30(2) applied, immediately before its repeal, shall not be an operating restriction unless it is a noise-related operating restriction to which Article 14 of the Aircraft Noise Regulation applies.

• (2) In this section, “relevant condition” has the meaning assigned to it by section 30, notwithstanding the repeal of that section by section 38(b) of the Dublin Airport (Passenger Capacity) Act 2026.]

Footnotes