Planning and Development Act 2024

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Applications for contribution to costs to be made from environmental legal costs financial assistance mechanism

296. (1) Subject to paragraph (b) of subsection (1) of section 294 and subsection (2), an applicant that does not succeed in obtaining relief in proceedings to which this Chapter applies, or that succeeds in obtaining such relief only in part, is entitled, in accordance with this Part and regulations made under section 299 , to have a contribution made to the costs properly incurred by the applicant, in preparation for and representation at such proceedings, out of moneys provided under the environmental legal costs financial assistance mechanism.

(2) An applicant shall not be entitled to moneys from the environmental legal costs financial assistance mechanism—

(a) where the applicant (or the applicant when an intending applicant) fails to submit a statement of financial resources, in such form and manner as may be prescribed, to the relevant person, under subsection (1) of section 297 ,

(b) where the applicant (or the applicant when an intending applicant) fails to submit a statement of eligibility, in such form and manner as may be prescribed, to the relevant person under subsection (2) of section 297 ,

(c) where a determination is made in respect of the applicant (or the applicant when an intending applicant) under paragraph (a) of subsection (3) of section 297 or paragraph (a) of subsection (4) of section 297 ,

(d) where costs are awarded against the applicant under subsection (3) of section 293 in the proceedings,

(e) where the High Court makes an order in the proceedings, of its own motion or upon application to it under subsection (3), to the effect that—

(i) the proceedings, or any part of them, were frivolous or vexatious,

(ii) the manner in which the applicant conducted the proceedings is such as to render it inappropriate for moneys from the environmental legal costs financial assistance mechanism to be available to the applicant,

(iii) the proceedings were brought for the sole purpose of—

(I) delaying a development, or proposed development, to which the proceedings relate, or

(II) securing the payment of money, gifts, consideration or other inducement, by any person to any other person,

(iv) the party is, or has been at any time during the conduct of the proceedings to which the application relates, in contempt of court, or

(v) it would not be in the interests of justice for moneys from the environmental legal costs financial assistance mechanism to be available to the applicant,

(f) in relation to a ground pleaded in the proceedings in which the applicant did not have a sufficient interest, or

(g) where an order was made under subsection (2) of section 283 striking out the proceedings, or in respect of grounds in the proceedings in respect of which an order is made under paragraph (i) of subsection (4) of section 283 .

(3) An application referred to in paragraph (e) of subsection (2)—

(a) may be made by—

(i) the Minister for the Environment, Climate and Communications,

(ii) the person authorised by regulations under section 299 to administer the environmental legal costs financial assistance mechanism for the time being on behalf of that Minister, or

(iii) any party to the proceedings,

and

(b) shall be made—

(i) where the application is made by a person other than the applicant in the proceedings to which that application relates, on notice to that applicant,

(ii) where the application is made by a person other than the Minister for the Environment, Climate and Communications, on notice to that Minister,

(iii) within 8 weeks of the determination of the proceedings, and

(iv) subject to any applicable rules of court.

(4) In this section, “relevant person” means—

(a) the Minister for the Environment, Climate and Communications, or

(b) the person authorised by regulations under section 299 to administer the environmental legal costs financial assistance mechanism for the time being on behalf of that Minister.