Planning and Development Act 2024
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Application for determination of application of Chapter to proceedings | ||
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298. (1) A party to proceedings to which this Chapter applies may at any time before, or during the course of, the proceedings apply to the High Court for a determination that this Chapter applies to the proceedings or to part of the proceedings. | ||
(2) Where an application is made under subsection (1), the Court may make a determination that this Chapter applies to those proceedings or to part of the proceedings. | ||
(3) Without prejudice to subsection (1), the parties to proceedings referred to in that subsection may, at any time, agree that this Chapter applies to those proceedings or to part of the proceedings. | ||
(4) Before proceedings to which this Chapter applies are instituted, the persons who would be the parties to those proceedings if those proceedings were instituted may, before the institution of the proceedings and without prejudice to subsection (1), agree that this Chapter applies to those proceedings or to part of the proceedings. | ||
(5) An application under subsection (1) shall be by motion on notice— | ||
(a) to the parties concerned, and | ||
(b) to— | ||
(i) the person authorised by regulations under section 299 to administer the environmental legal costs financial assistance mechanism for the time being on behalf of the Minister for the Environment, Climate and Communications, or | ||
(ii) where no such person is so authorised, the Minister for the Environment, Climate and Communications. | ||
(6) Where a determination is made under subsection (2), or an agreement is made under subsection (3) or (4), the applicant, or the person who would be the applicant if the proceedings were instituted, shall notify— | ||
(i) the person authorised by regulations under section 299 to administer the environmental legal costs financial assistance mechanism for the time being on behalf of the Minister for the Environment, Climate and Communications, or | ||
(ii) where no such person is so authorised, the Minister for the Environment, Climate and Communications, | ||
of the determination or agreement, as the case may be. | ||
(7) Where an applicant in proceedings to which this Chapter applies makes an application under subsection (1), the costs of making the application shall, regardless of the determination made by a court under this section, be awarded to the applicant. | ||
(8) The applicant is entitled, in accordance with this Part and regulations made under section 299 , to have a contribution made, in respect of the entirety of the costs, to the costs properly incurred by the applicant, in preparation for and representation at an application under this section, out of moneys provided under the environmental legal costs financial assistance mechanism. |