Aircraft Noise (Dublin Airport) Regulation Act 2019
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Issue of enforcement notices | ||
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23. (1) Subsection (2) applies where the competent authority is of the opinion (in this section referred to as the “relevant opinion”) that a relevant person— | ||
(a) has failed to comply or fully comply with a relevant provision, | ||
(b) is failing to comply or fully comply with a relevant provision, or | ||
(c) has failed to comply or fully comply with a relevant provision in circumstances that make it likely that the failure will continue or be repeated. | ||
(2) The competent authority may give the relevant person a notice in writing— | ||
(a) stating the relevant opinion, | ||
(b) specifying the relevant provision as to which the competent authority is of that opinion and the reasons why it is of that opinion, | ||
(c) directing the relevant person to take such steps as are specified in the notice to remedy the failure concerned or, as the case may be, the matters occasioning it, and | ||
(d) specifying a period (ending not earlier than the period specified in section 24 within which an application under that section against any directions specified in the notice may be made) within which those steps must be taken. | ||
(3) The steps specified in an enforcement notice to remedy any failure or matter to which the notice relates may be framed so as to afford the relevant person a choice between different ways of remedying the failure or matter, as the case may be. | ||
(4) Where a relevant person to whom an enforcement notice has been given makes an application under section 24 (1) against any direction specified in the notice, the steps specified in the notice need not be taken by the relevant person pending the determination, withdrawal or abandonment of the application. | ||
(5) The competent authority may cancel an enforcement notice by notice in writing given to the relevant person concerned. | ||
(6) Where a relevant person fails to take the steps specified in an enforcement notice given to it, the competent authority may, on notice to the relevant person, apply in a summary manner to the High Court for an order requiring the relevant person to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the High Court— | ||
(a) may— | ||
(i) make the order sought, | ||
(ii) make the order sought subject to such variations to those steps as may be specified in the order, or | ||
(iii) make the order sought subject to such other steps for the like purpose as may be specified in the order, | ||
or | ||
(b) may dismiss the application, | ||
and, whether paragraph (a) or (b) is applicable, may make such order as to costs as it thinks fit in respect of the application. |