Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Section 41 provides that notices relating to EIAs must inform the public that decisions may be questioned by way of judicial review. The intention behind amendment No. 28 is to delete subsection (2) of section 41. However, this is a very important provision that makes it explicitly clear that an act done by the Minister under Chapter 6 of Part 2 relating to EIA or AA or a licence granted under Chapter 6 relating to a matter for which an EIA or an AA is required can be questioned by way of judicial review. This provision applies to legal proceedings only and would not impinge on a person's right to make representations or any form of non-legal queries in regard to EIA or AA matters. That relates back to the Senator’s point in regard to civil society groups highlighting decisions or patterns of decisions, and it certainly would not impinge on their ability to do that. If the Senator has concerns over the phrasing of this provision, I will make a commitment to raise the matter with the Office of the Parliamentary Counsel with a view to making it as clear as possible.

Turning to the proposed amendment No. 29 of section 41(6), the phrase “with all necessary modifications” is required in order to apply the relevant provisions of the Planning and Development Act 2000 and the Environment (Miscellaneous Provisions) Act 2011 to the enacted Bill. These provisions provide clarification on costs of legal proceedings and ensure the costs protection rules for proceedings under the enacted legislation would match those under the planning and environment Acts.