ENVIRONMENTAL PROTECTION ACT 1986 - SECT 101

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 101

101 .         Minister’s powers on appeals under s. 100

        (1)         When an appeal is lodged under section 100(1) or (4), the Minister may —

            (a)         in the case of any appeal so lodged but subject to section 109(3)(a), dismiss the appeal; or

            (b)         in the case of an appeal referred to in section 100(1)(a), remit the proposal to the Authority for the making of a fresh decision as to whether or not the proposal is to be assessed; or

            (c)         in the case of an appeal referred to in section 100(1)(a), remit the proposal to the Authority for assessment and for that purpose make a direction under section 43; or

            (d)         in the case of an appeal referred to in section 100(1)(d) —

                  (i)         remit the proposal to the Authority for assessment, further assessment or reassessment, as the case requires, and for that purpose make a direction under section 43; or

                  (ii)         vary the Authority’s recommendations by changing the implementation conditions;

                or

        [(da)         deleted]

            (db)         in the case of an appeal referred to in section 100(1)(e), deal with that appeal under subsections (2d) and (2e); or

            (e)         in the case of an appeal against a notice served under section 48(7)(b), set aside or alter that notice; or

            (f)         in the case of an appeal against the taking of any steps under section 48(7)(c) or (d), prohibit the taking of any one or more of those steps, alter any of those steps or substitute a different step for any of those steps,

                and the decision of the Minister under this subsection is final and without appeal.

        (1a)         When an appeal is lodged under section 100(3), sections 106, 109 and 110 apply to and in relation to the appeal as if the appeal were an appeal from a decision of the Minister.

        (2)         When the Minister remits under subsection (1)(b), (c) or (d) a proposal to the Authority for —

            (a)         the making of a fresh decision, that decision shall be made; or

            (b)         assessment, further assessment or reassessment and makes a direction under section 43, such portions of the procedure laid down by sections 40 to 48 as are appropriate shall apply to the proposal and those portions shall be completed,

                within such period as the Minister specifies in the remittal.

        [(2a)-(2c)         deleted]

        (2d)         When an appeal is lodged under section 100(1)(e), the Minister shall —

            (a)         if the Minister considers that the decision of the appeal could affect the content of any condition to which the relevant scheme might be subject, having consulted the responsible Minister under section 48F(1) in respect of that condition and, if possible, agreed with the responsible Minister on that condition, decide the appeal in accordance with that agreement or, in the absence of any such agreement, with the relevant decision under section 48J; or

            (b)         if the Minister does not consider that the decision of the appeal could affect the content of any such condition, decide the appeal without consulting the responsible Minister under section 48F(1).

        (2e)         A decision of the Minister under subsection (2d) is final and without appeal.

        (3)         The lodging of an appeal —

            (a)         referred to in section 100(1)(a) does not affect the relevant decision; or

            (b)         referred to in section 100(1)(d) or (e) has the effect described in section 45(10) or 48F(3), as the case requires; or

            (c)         referred to in section 100(3) as to conditions or procedures agreed under section 45(3) or (4) otherwise than as applied by section 46(8) prevents the implementation of the proposal concerned; or

            (d)         referred to in section 100(3) as to conditions or procedures agreed under section 45(3) or (4) as applied by section 46(8) does not prevent the implementation, or continued implementation, of the proposal concerned subject to the implementation conditions; or

            (e)         against a notice served under section 48(7)(b) suspends the operation of that notice; or

            (f)         against the taking of any steps under section 48(7)(c) or (d) does not prevent the taking of those steps,

                during the period commencing with that lodging and ending with the decision of the Minister under subsection (1) or (2d) or section 107(2).

        (4)         In giving a decision under subsection (1)(f), the Minister may order that section 48(8) does not apply to any steps to which the decision relates and that order has effect according to its tenor.

        [Section 101 amended: No. 23 of 1996 s. 23; No. 57 of 1997 s. 54(7) and (8); No. 54 of 2003 s. 24; No. 40 of 2010 s. 7; No. 40 of 2020 s. 85 and 111(1).]