Minerals Development Act 2017
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Judicial review of certain decisions | ||
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205. (1) A person shall not question the validity of a determination under section 137 (1) or 202 (1) or of a decision, act or omission that is subject to public participation under section 137 or 203 otherwise than by way of judicial review under Order 84 of the Rules of the Superior Courts. | ||
(2) The High Court shall not grant leave for judicial review under this section unless it is satisfied that— | ||
(a) the applicant has a sufficient interest in the matter which is the subject of the application, or | ||
(b) the applicant— | ||
(i) is a body or organisation (other than a State authority, a public authority or governmental body or agency) the aims or objectives of which relate to the promotion of environmental protection, and | ||
(ii) has, during the period of 12 months preceding the date of the application, pursued those aims or objectives. | ||
(3) A sufficient interest for the purposes of paragraph (a) of subsection (2) is not limited to an interest in land or other financial interest. | ||
(4) The Court, in determining either an application for leave for judicial review of a decision, act or omission that is subject to section 203 or an application for judicial review on foot of such leave, shall act as expeditiously as possible consistent with the administration of justice. | ||
(5) In this section “State authority, a public authority or governmental body or agency” means— | ||
(a) a Minister of the Government; | ||
(b) the Commissioners of Public Works in Ireland; | ||
(c) a harbour authority within the meaning of the Harbours Act 1946 as amended by section 83 (inserted by section 48 of the Harbours Act 2015 ) of the Harbours Act 1996 ; | ||
(d) a local authority within the meaning of the Local Government Act 2001 ; | ||
(e) the Health Service Executive; | ||
(f) a person established— | ||
(i) by or under any enactment (other than the Companies Act 2014 or a former enactment relating to companies (within the meaning of section 5 of that Act)) or charter, | ||
(ii) by any scheme administered by the Government, or | ||
(iii) under the Companies Act 2014 or a former enactment relating to companies (within the meaning of section 5 of that Act), in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of monies provided, or loans made or guaranteed, by a Minister of the Government or by subscription for shares held by or on behalf of a Minister of the Government; | ||
(g) a company (within the meaning of the Companies Act 2014 ), a majority of the shares in which are held by or on behalf of a Minister of the Government. |