Environment and Development Planning Act

L.N. 223 of 2014

EUROPEAN UNION ACT

(CAP. 460)

Environment and Development Planning Act

(Amendment) Order, 2014

IN EXERCISE of the powers conferred by article 4 of the

European Union Act, the Prime Minister has, for the purposes

specified in sub-article (2) of the said article, made the following

Order:-

(1)

The title of this Order is the Environment and Citation and

Development Planning Act (Amendment) Order, 2014 and this Order purpose.

shall be read and construed as one with the Environment and Cap. 504.

Development Planning Act, hereinafter referred to as "the principal

Act".

(2) The purpose of this Order is the transposition and

implementation of certain provisions of Directive 2003/35 EC of the

European Parliament and of the Council of 26 May, 2003 providing

for public participation in respect of the drawing up of certain plans

and programmes relating to the environment and amending, with

regard to public participation and access to justice, Council Directives

85/337/EEC and 96/61/EC.

Article 41 of the principal Act shall be amended as Amends article

41 of the

follows

principal Act.

(a)

sub-article (3) thereof shall be substituted by the

following

"(3) The Tribunal may, at the request of the

appellant made concurrently with the application for the

appeal, suspend through a partial decision, in whole or in

part, the execution of any development or the operation of

any installation, pending a decision being delivered by the

said Tribunal, under those terms, conditions and other

measures as it may deem fit

Provided that the application, with the exception of

applications relating to developments or installations

which relate to environmental impact assessment and, or

integrated pollution prevention and control (‘IPPC’)

matters, is not for a development which, in the opinion of

the Minister is of strategic significance or of national

interest, related to any obligation ensuing from a European

Union act, affects national security or affects interests of

other governments."; and

(b)

immediately after sub-article (14) thereof, there

shall be added the following new sub-articles

"(15) Appeal proceedings before the

Tribunal pursuant to sub-article (1) shall be

conducted in a timely manner, without undue

delay, and shall not be prohibitively

expensive.

(16)

Appeal proceedings before the

Court of Appeal pursuant to sub-article (6)

shall be concluded in a timely manner and

shall not be prohibitively expensive. Legal

and judicial costs and fees in the said

proceedings shall be taxed in accordance with

paragraph (7) of item 3 of Tariff A and with

paragraph (b) of item 15 Tariff E in Schedule

A to the Code of Organization and Civil

Procedure.".

Immediately after article 41 of the principal Act there shall

be added the following new article

" Access to

41A. (1) Members of the public

review

concerned having sufficient interest shall

procedure.

have access to a review procedure before the

Tribunal to challenge the substantive or

procedural legality of any decision, act or

omission relating to a development or an

installation which is subject to an

environmental impact assessment (‘EIA’) or

an integrated pollution prevention and control

(‘IPPC’) permit.

(2) Such an appeal may be lodged

before the Tribunal within thirty days from

the date of notification of the final decision by

the Authority

Provided that such an appeal may

relate to or include an objection to any act or

omission committed at any time during the

process of the EIA or IPPC leading to the

decision in question.

(3) For the purposes of sub-article (1),

the interest of any non-governmental

organisation

promoting

environmental

protection and which is registered under the

Voluntary Organisations Act shall be deemed

sufficient.

(4) The provisions of article 41 shall,

mutatis mutandis, apply to review procedures

pursuant to this article.".

Immediately after sub-article (4) of article 75 of the Amends article

75 of the

principal Act, there shall be added the following new sub-articles

principal Act.

"(5) A decision by the Cabinet of

Ministers, pursuant to this article, which

relates to a development or an installation

which is subject to an environmental impact

assessment and, or an IPPC permit, may, upon

an application by the appellant or by an

interested party, which may include a non-

governmental organization having as one of

its purposes the promotion of environmental

protection and is registered under the

Voluntary Organisations Act, be subject to

appeal on matters of substantive and

procedural legality to the Court of Appeal in

its superior jurisdiction. An appeal in terms of

this sub-article shall be made by an

application to be filed within ten days from

the date of communication of the decision of

the Cabinet of Ministers to the parties. The

appeal proceedings shall be concluded by the

Court of Appeal within four months from the

filing of the appeal and shall not be

prohibitively expensive. Legal and judicial

costs and fees in the said proceedings shall be

taxed in accordance with paragraph (7) of

item 3 of Tariff A and with paragraph (b) of

item 15 Tariff E in Schedule A to the Code of

Organization and Civil Procedure.

(6) The execution of any development

or the operation of any installation which is

subject to an environmental impact

assessment and, or an IPPC permit, and which

is pending a decision by the Cabinet of

Ministers in terms of this article shall be

suspended until the decision of the Cabinet is

taken.

(7) Where a decision of the Cabinet of

Ministers is subject to an appeal in

accordance with sub-article (5), the Court of

Appeal may, upon a request of the appellant

or of an interested party, which may include a

non-governmental organization having as one

of its purposes the promotion of

environmental protection and which is

registered under the Voluntary Organisations

Act, order that the execution of the

development or the operation of the

installation be suspended whilst proceedings

before the said Court are pending.".

Immediately after paragraph 15 of the Second Schedule to

the principal Act, there shall be added the following new paragraph

"16. The Authority shall ensure that detailed

information is made available to the public concerning access

provided for under this Act to appeal procedures before the

Tribunal and before the Court of Appeal, including information

on the rights of any person to institute appeal proceedings, and

shall give information on legal time limits and on mandatory

fees payable in respect of such proceedings, including through

publication on the electronic website of the Authority.".

€0.36