S.I. No. 377/1996 - Rules of the Superior Courts (No. 2), 1996.

1. (1) In this Order the "Act" means the

Air Pollution Act, 1987

as amended.

(2) Words and expressions contained in this Order shall have the same meaning as in the Act.

(3) In this Order a reference to a section or a subsection is to that section or subsection in the Act unless it is indicated that reference to some other enactment is intended.

2. These rules shall come into operation on the 1st day of January, 1997.

3. These rules shall be construed together with the Rules of the Superior Courts 1986 - 1996 and may be cited as the Rules of the Superior Courts (No. 2) of 1996.

Explanatory Note

These Rules come into operation on 1 January, 1997 and make provision in regard to applications to the High Court under the

Air Pollution Act, 1987

.

4. Notice of the motion shall be served on the person against whom the relief is sought (the respondent); but if it shall appear to the Court that any person on whom notice has not been served ought to have or ought to have had such notice, the Court may either dismiss the application or adjourn the hearing thereof in order that such notice may be served upon such terms (if any) as the Court may think fit to impose.

5. There must be at least ten days between the service of the notice and the day named therein for the hearing of the motion.

6. Pending the determination of an application under section 28 of the Act, the Court may, on the application of the applicant or the respondent by interlocutory order, (or if satisfied that delay might entail irrevocable or serious mischief by interim order on application ex parte) make any order in the nature of an injunction prohibiting or restricting the emission complained of from any premises and may authorise any person to enter upon or into any land or building; and for all or any of those purposes may authorise any sample to be taken or any observations, calculations or measurements to be made or experiment to be tried which it may consider appropriate, necessary or expedient in the circumstances.

7. (

a

) Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit.

(

b

) any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice of motion.

(

c

) any affidavit to be used in opposition to the application shall be filed in the Central Office by the respondent within seven days of the service on him of the applicant's affidavit and the respondent must within such period serve a copy of any affidavit intended to be used by him on the applicant.

8. The preceding rules with the exception of that part of rule 6 relating to interim orders shall apply mutatis mutandis to an application for an order under section 28A of the Act."

S.I. No. 377 of 1996.

RULES OF THE SUPERIOR COURTS (No. 2), 1996.

We, the Superior Court Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act, 1936

, section 67 and reconstituted pursuant to the provisions of the

Courts of Justice Act, 1953

, section 15, by virtue of the powers conferred upon us by the

Courts of Justice Act, 1924

, section 36, and the

Courts of Justice Act, 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act, 1961

, section 48) and the

Courts (Supplemental Provisions) Act, 1961

, section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 25th day of July, 1996

Liam Hamilton

Harry Hill

Declan Costello

Edward Comyn

John Blayney

Gordon Holmes

Ronan Keane

Ernest J. Margetson

Mella Carrol

Henry Barron

I concur in the making of the annexed Rules of Court.

Dated this 3rd day of December, 1996

NORA OWEN

Aire Dlí agus Cirt.