District Court Rules

ORDER 96

PROTECTION OF THE ENVIRONMENT AND CONTROL OF POLLUTION

Proceedings — under the Air Pollution Act, 1987 (No 6 of 1987)

Application for warrant — venue for

1. (1) An application under section 14(5) of the Air Pollution Act, 1987 (hereinafter referred to as ‘the Act of 1987’) by an authorised person or the person by whom he or she was appointed for a warrant to enter premises may be made at any sitting of the court for the court district wherein the premises are situated.

Application for warrant — by sworn information

(2) Such application shall be made by the information on oath and in writing, in the Form 96.1, Schedule C, of the person seeking the warrant.

Application for warrant — form of warrant

(3) A warrant to enter premises granted on foot of such information shall be in Form 96.2, Schedule C.

Application for order under section 28A (1) — venue for

2. (1) An application to the court under subsection (1) of section 28A (inserted by the Third Schedule to the Environmental Protection Agency Act, 1992, No 7 of 1992) of the Act of 1987 for an order pursuant to that subsection in relation to an emission from a premises may be made at any sitting of the court for the court district wherein the premises concerned are situated or wherein the emission concerned takes place.

Application — form of, service and lodgment of notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 96.3, Schedule C, upon the respondent in a manner prescribed in section 15 of the Act of 1987, and shall be served at least seven days or, where service is being effected by prepaid registered post, at least 21 days prior to the date fixed for hearing the application. The original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the said date for hearing.

Application — order of the court on

(3) The order of the court on granting the application shall be in the Form 96.4, Schedule C.

Application - transfer to Circuit Court or High Court

(4) Where, pursuant to the provisions of section 28A(1)(c)(i) of the Act of 1987, the court transfers an application made under the said subsection (1) to the Circuit Court or the High Court, the order so transferring shall be in the Form 96.5, Schedule C, and the Clerk shall forthwith transmit a certified copy of the said order and any other order made in the proceedings, the notice of application and any other document or exhibit handed into court in relation to that application, to the appropriate County Registrar or, as the case may be, Registrar of the High Court.

Applications for orders under section 55

3.(1) Applications to the court under section 55 of the Act of 1987 relating to the carrying out of required works and the cost thereof may be made at any sitting of the court for the court area wherein the premises in relation to which the orders are sought are situated.

Applications — under section 55(2)

(2) An application for an order under section 55(2) of the Act of 1987 deeming consent to have been given and directing that required works be carried out shall be preceded by the issue and service upon the respondent of a notice in the Form 96.6, Schedule C.

Applications — under section 55(3)

(3) An application for an order under section 55(3) of the Act of 1987 in relation to the cost of works required to be carried out pursuant to that Act shall be preceded by the issue and service upon the respondent of a notice in the Form 96.7, Schedule C.

Applications — service of notices of

(4) A notice of application required by this rule to be served shall be served in a manner prescribed in section 15 of that Act. Service shall be effected at least seven days or, if being effected by prepaid registered post, at least 21 days prior to the date fixed for hearing the application. The original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the said date for hearing.

Applications — orders of the court

(5) The order of the court on granting an application to which this rule relates shall be in the Form 96.8 or 96.9, Schedule C, as the case may be, with any necessary modifications required in particular cases.

Proceedings — under the Local Government (Water Pollution) Act, 1977 (No 1 of 1977)

Definitions

4. In this Order—

‘the Act of 1977’ means the Local Government (Water Pollution) Act, 1977 (No 1 of 1977);

‘the Act of 1990’ means the Local Government (Water Pollution) (Amendment) Act, 1990 (No 21 of 1990).

Application under section 10 — venue for

5. (1) An application for an order under section 10(1) of the Act of 1977 (as substituted by section 7 of the Act of 1990) may be made at any sitting of the court for the court district wherein the waters concerned or the land or other premises from which the entry or discharge concerned takes place is or are situated.

Application — notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 96.10, Schedule C, upon the person against whom the order is sought (the respondent) and, where the applicant is not a local authority or regional board, upon the local authority or regional board in whose functional area the waters concerned are situated.

Application — service

Service of the notice shall be effected in accordance with the provisions of section 32 of the Act of 1977 at least seven days or, where service is being effected by registered prepaid post, at least 21 days prior to the date fixed for hearing the application.

Application — lodgment

When service has been effected and declared the original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting) shall be lodged with the Clerk at least four days prior to the said date for hearing.

Order of the court

(3) The order of the court on granting the application shall be in the Form 96.11, Schedule C Copies of the said order shall be served upon the respondent and the relevant local authority or regional board.

Application for warrant — venue for

6.(1) An application for a warrant under section 28(7) of the Act of 1977 to enter a premises or vessel may be made at any sitting of the court for the court district wherein the premises or vessel is situated.

Application for warrant — by sworn information

(2) Such application shall be made by information on oath and in writing in the Form 96.12, Schedule C.

Form of warrant

(3) A warrant granted pursuant to such application shall be in the Form 96.13, Schedule C.

Proceedings — under the Environmental Protection Agency Act, 1992 (No 7 of 1992)

Application for warrant — venue for

7.(1) An application under section 13(6) of the Environmental Protection Agency Act, 1992 for a warrant to enter premises may be made at any sitting of the court for the court district wherein the premises are situated.

Application for warrant — by sworn information

(2) Such application shall be made by the information on oath and in writing, in the Form 96.14, Schedule C, of the person seeking the issue of the warrant.

Form of warrant

(3) A warrant to enter premises which is granted pursuant to such application shall be in the Form 96.15, Schedule C.

Complaint in relation to noise — venue for

8.(1) A complaint to the court under section 108(1) of the Environmental Protection Agency Act, 1992 in relation to noise which is alleged to be so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance may be made at any sitting of the court for the court district wherein the source of the noise is located.

Complaint in relation to noise — notice of service lodgment

(2) Such complaint shall be preceded by the issue and service of a notice, in the form prescribed in the Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994 (SI No 179 of 1994), of the intention to make such a complaint, within such time as may be specified in the notice, upon the defendant, that is to say, the person alleged to have made or have caused or have been responsible for the noise. Service may be effected in accordance with the provisions of section 14 of that Act, and the original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk.

Form of court order

(3) Where, upon hearing such complaint, the court makes an order under the said s 108(1), the order shall be in the Form 96.16, Schedule C.

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