Written answers
Tuesday, 24 February 2015
Department of Environment, Community and Local Government
Environmental Protection Agency Expenditure
Denis Naughten (Roscommon-South Leitrim, Independent)
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582. To ask the Minister for Environment, Community and Local Government to outline the policy and practice of the Environmental Protection Agency on the recovery and enforcement of legal costs, following the conclusion of judicial review litigation and in circumstances where the agency has been awarded its legal costs; and if he will make a statement on the matter. [8068/15]
Alan Kelly (Tipperary North, Labour)
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As provided for in the Environmental Protection Agency Act 1992, the EPA is independent in its operations, and accordingly, I have no role in this matter. However, I am advised by the Agency that Section 50B of the Planning and Development Act 2000, as amended by the Planning and Development (Amendment) Act 2010 and the Environment (Miscellaneous Provisions) Act 2011, may apply to judicial review proceedings seeking to challenge a decision of the Agency.
There have been no judicial review proceedings in which the Agency has been awarded its costs since Section 50B was enacted, and so the matter inquired about has not arisen. The Agency will decide what recovery and enforcement policy and practices are appropriate, if and when a costs order is made in its favour.
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