(LRC Revised)

Number 20 of 2011

ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 8 May 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Environment (Miscellaneous Provisions) Act 2011

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Mental Health Act 2026

(11/2026), enacted 7 May 2026, and all statutory

instruments up to and including the

Planning and Development Act 2024 (Commencement) Order 2026

(S.I. No. 194 of 2026), made 7 May 2026, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to revisedacts@lawreform.ie.

Number

20

of

2011

ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 8 May 2026

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

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

2. Definitions.

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.

4. Civil proceedings relating to certain licences, etc.

5. Proceedings relating to Information Regulations.

6. Additional proceedings to which

section 3

applies.

7. Application to court for determination that

section

3 applies to proceedings.

8. Judicial notice to be taken of Convention.

PART 3

Amendment of Act of 1987

9. Amendment of section 12 of Act of 1987.

10. Fixed payment notice.

11. Amendment of section 14 of Act of 1987.

PART 4

Amendment of Act of 1996

12. Amendment of section 72 of Act of 1996.

13. Amendment of section 73 of Act of 1996.

14. Amendment of section 74 of Act of 1996.

PART 5

Amendment of Planning and Development Act 2000

15. Definitions.

16. Amendment of section 2 of Act of 2000.

17. Amendment of section 4 of Act of 2000.

18. Amendment of section 13 of Act of 2000.

19. Amendment of section 30 of Act of 2000.

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

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

22. Amendment of section 57 of Act of 2000.

23. Amendment of section 82 of Act of 2000.

24. Amendment of section 87 of Act of 2000.

25. Amendment of section 130 of Act of 2000.

26. Amendment of section 135 of Act of 2000.

27. Amendment of section 153 of Act of 2000.

28. Amendment of section 157 of Act of 2000.

29. Amendment of section 160 of Act of 2000.

30. Amendment of section 170 of Act of 2000.

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

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

plan.

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

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

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

36. European site that hosts priority habitat or species.

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

37A. Transitional provision regarding section 37.

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

38A. Transitional provision regarding section 38.

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

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

41. Amendment of Seventh Schedule to Act of 2000.

42. Repeal.

PART 6

Miscellaneous

43. Amendment of Freedom of Information Act 1997.

44. Amendment of Local Government Act 1998.

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

46. Repeal.

47. Savings and transitionals.

48. Placenames.

49. Amendment of section 32 of Official Languages Act 2003.

(Repealed)

Acts Referred to

Air Pollution Act 1987

1987, No. 6

Dumping at Sea Act 1996

1996, No. 14

Environmental Protection Agency Act 1992

1992, No. 7

European Communities Act 1972

1972, No. 27

Foreshore Act 1933

1933, No. 12

Forestry Act 1946

1946, No. 13

Freedom of Information Act 1997

1997, No. 13

Gas Act 1976

1976, No. 30

Local Government Act 1998

1998, No. 16

Local Government Act 2001

2001, No. 37

Local Government (Business Improvement Districts) Act 2006

2006, No. 42

Local Government (Water Pollution) Act 1977

1977, No. 1

Minerals Development Act 1940

1940, No. 31

Mines and Quarries Act 1965

1965, No. 7

Nursing Homes Support Scheme Act 2009

2009, No. 15

Official Languages Act 2003

2003, No. 32

Petroleum and Other Minerals Development Act 1960

1960, No. 7

Planning and Development Act 2000

2000, No. 30

Planning and Development (Amendment) Act 2010

2010, No. 30

Planning and Development (Strategic Infrastructure) Act 2006

2006, No. 27

Planning and Development Acts 2000 to 2010

Radiological Protection Act 1991

1991, No. 9

Roads Act 1993

1993, No. 14

Transport (Railway Infrastructure) Act 2001

2001, No. 55

Waste Management Act 1996

1996, No. 10

Waste Management Acts 1996 to 2003

Water Services Act 2007

2007, No. 30

Wildlife Act 1976

1976, No. 39

Number

20

of

2011

ENVIRONMENT (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 31 January 2019

AN ACT TO AMEND AND EXTEND THE AIR POLLUTION ACT 1987; THE ENVIRONMENTAL PROTECTION

AGENCY ACT 1992; THE WASTE MANAGEMENT ACT 1996; AND THE FREEDOM OF INFORMATION ACT

1997; TO MAKE PROVISION FOR COSTS OF CERTAIN PROCEEDINGS; TO GIVE EFFECT TO CERTAIN

ARTICLES 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 AND FOR JUDICIAL NOTICE TO BE TAKEN OF THE CONVENTION; TO AMEND THE PLANNING

AND DEVELOPMENT ACT 2000; THE LOCAL GOVERNMENT ACT 1998; THE LOCAL GOVERNMENT ACT

2001 AND THE OFFICIAL LANGUAGES ACT 2003; AND TO PROVIDE FOR RELATED MATTERS.

[2

nd August

, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Planning and Development Acts

restricted (3.07.2017) by

Planning and Development (Housing) and Residential Tenancies Act 2016

(17/2016), s. 4(1), S.I. No. 270 of 2017.

Strategic housing developments and planning applications

4. (1) Subject to

subsection (4)

, during the specified period and notwithstanding anything to the contrary contained

in any other provision of the Planning and Development Acts 2000 to 2016—

(a) an application for permission for a strategic housing development shall—

(i) be made to the Board under this section and not to a planning authority, other

than an application for permission, the purpose of which is as set out in section

34(3A) of the Act of 2000,

(ii) be so made only where

section 6 (7)(b)

applies or, in the case that a request is made under

section 7 (1)

, when the Board has complied with the request pursuant to

section 7 (2)

,

(iii) be so made only where the applicant for permission has fulfilled the requirements

set out in section 8,

(iv) be in such form and contain such information as is prescribed, and

(v) be accompanied by the appropriate fee,

and

(b) a copy of the application, shall be sent by the applicant to the planning authority

or authorities in whose area or areas the proposed strategic housing development would

be situated.

...

(4) In the case of an application for permission for a strategic housing development

that is located in a strategic development zone, the applicant may elect to make the

application to the planning authority under section 34 of the Act of 2000 rather than

under this section and, accordingly, section 170 of that Act applies to the application

to which the said section 34 relates.

...

C2

References to “a county council or a city council” and “a county council and a city council” construed (1.06.2014) by

Local Government Reform Act 2014

(1/2014), s. 9(2)-(3), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.

...

(2) Except where otherwise provided for by this Act, a reference, however expressed,

in any enactment—

(a) to a county council or a city council (including a reference construed by section

3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or

to a city council, as the case may be) shall, if the context permits, be read as a

reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall,

if the context permits, be read as a reference to a county council, a city council

and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed,

in any enactment—

(a) to the administrative area of a county council or the administrative area of a

city council shall, if the context permits, be read as a reference to the administrative

area of a county council, the administrative area of a city council or the administrative

area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of

a city council shall, if the context permits, be read as a reference to the administrative

area of a county council, the administrative area of a city council and the administrative

area of a city and county council.

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Planning and Development Acts

restricted (3.07.2017) by

Planning and Development (Housing) and Residential Tenancies Act 2016

(17/2016), s. 4(1), S.I. No. 270 of 2017.

Strategic housing developments and planning applications

4. (1) Subject to

subsection (4)

, during the specified period and notwithstanding anything to the contrary contained

in any other provision of the Planning and Development Acts 2000 to 2016—

(a) an application for permission for a strategic housing development shall—

(i) be made to the Board under this section and not to a planning authority, other

than an application for permission, the purpose of which is as set out in section

34(3A) of the Act of 2000,

(ii) be so made only where

section 6 (7)(b)

applies or, in the case that a request is made under

section 7 (1)

, when the Board has complied with the request pursuant to

section 7 (2)

,

(iii) be so made only where the applicant for permission has fulfilled the requirements

set out in section 8,

(iv) be in such form and contain such information as is prescribed, and

(v) be accompanied by the appropriate fee,

and

(b) a copy of the application, shall be sent by the applicant to the planning authority

or authorities in whose area or areas the proposed strategic housing development would

be situated.

...

(4) In the case of an application for permission for a strategic housing development

that is located in a strategic development zone, the applicant may elect to make the

application to the planning authority under section 34 of the Act of 2000 rather than

under this section and, accordingly, section 170 of that Act applies to the application

to which the said section 34 relates.

...

C2

References to “a county council or a city council” and “a county council and a city council” construed (1.06.2014) by

Local Government Reform Act 2014

(1/2014), s. 9(2)-(3), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.

...

(2) Except where otherwise provided for by this Act, a reference, however expressed,

in any enactment—

(a) to a county council or a city council (including a reference construed by section

3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or

to a city council, as the case may be) shall, if the context permits, be read as a

reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall,

if the context permits, be read as a reference to a county council, a city council

and a city and county council.

(3) Except where otherwise provided for by this Act, a reference, however expressed,

in any enactment—

(a) to the administrative area of a county council or the administrative area of a

city council shall, if the context permits, be read as a reference to the administrative

area of a county council, the administrative area of a city council or the administrative

area of a city and county council, and

(b) to the administrative area of a county council and the administrative area of

a city council shall, if the context permits, be read as a reference to the administrative

area of a county council, the administrative area of a city council and the administrative

area of a city and county council.

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

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

2. Definitions.

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.

4. Civil proceedings relating to certain licences, etc.

5. Proceedings relating to Information Regulations.

6. Additional proceedings to which

section 3

applies.

7. Application to court for determination that

section

3 applies to proceedings.

8. Judicial notice to be taken of Convention.

PART 3

Amendment of Act of 1987

9. Amendment of section 12 of Act of 1987.

10. Fixed payment notice.

11. Amendment of section 14 of Act of 1987.

PART 4

Amendment of Act of 1996

12. Amendment of section 72 of Act of 1996.

13. Amendment of section 73 of Act of 1996.

14. Amendment of section 74 of Act of 1996.

PART 5

Amendment of Planning and Development Act 2000

15. Definitions.

16. Amendment of section 2 of Act of 2000.

17. Amendment of section 4 of Act of 2000.

18. Amendment of section 13 of Act of 2000.

19. Amendment of section 30 of Act of 2000.

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

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

22. Amendment of section 57 of Act of 2000.

23. Amendment of section 82 of Act of 2000.

24. Amendment of section 87 of Act of 2000.

25. Amendment of section 130 of Act of 2000.

26. Amendment of section 135 of Act of 2000.

27. Amendment of section 153 of Act of 2000.

28. Amendment of section 157 of Act of 2000.

29. Amendment of section 160 of Act of 2000.

30. Amendment of section 170 of Act of 2000.

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

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

plan.

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

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

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

36. European site that hosts priority habitat or species.

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

37A. Transitional provision regarding section 37.

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

38A. Transitional provision regarding section 38.

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

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

41. Amendment of Seventh Schedule to Act of 2000.

42. Repeal.

PART 6

Miscellaneous

43. Amendment of Freedom of Information Act 1997.

44. Amendment of Local Government Act 1998.

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

46. Repeal.

47. Savings and transitionals.

48. Placenames.

49. Amendment of section 32 of Official Languages Act 2003.

(Repealed)