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Amendment of section 37 of Principal Act.
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10.— Section 37(4) of the Principal Act is amended by inserting the following paragraphs after paragraph (b):
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“(c) Notwithstanding subsection (1), a body or organisation referred to in paragraph (d) shall be entitled to appeal to the Board against a decision by a planning authority on an application for development (being development in respect of which an environmental impact statement was required to be submitted to the planning authority in accordance with section 172) before the expiration of the appropriate period within the meaning of that subsection.
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(d) The body or organisation mentioned in paragraph (c) is a body or organisation (not being a State authority, a public authority or a governmental body or agency)—
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(i) the aims or objectives of which relate to the promotion of environmental protection,
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(ii) which has, during the period of 12 months preceding the making of the appeal, pursued those aims or objectives, and
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(iii) which satisfies such additional requirements (if any) as are prescribed under paragraph (e).
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(e) The Minister may prescribe additional requirements which a body or organisation of the foregoing kind must satisfy in order to make an appeal under paragraph (c), being requirements of a general nature and for the purposes of promoting transparency and accountability in the operation of such organisations, including requirements—
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(i) in relation to its membership,
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(ii) that the pursuit of its aims or objectives be otherwise than for profit,
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(iii) in relation to the possession of a specified legal personality and the possession of a constitution or rules,
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(iv) that the area of environmental protection to which its aims or objectives relate is relevant to the class of matter into which the decision, the subject of the appeal, falls.
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(f) The Board may dismiss any appeal made under paragraph (c) where it considers that the body or organisation concerned does not satisfy the requirements of paragraph (d)(i), (ii) or (iii).”.
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