In short
This law clarifies how the Minister for the Environment and Local Government can perform certain duties that were transferred to them from the Minister for Community, Rural and Gaeltacht Affairs. It ensures that the Minister can carry out these transferred duties without being restricted by existing laws that limit their involvement in specific cases.
What it regulates
- The Minister for the Environment and Local Government's ability to exercise power or control in particular planning cases.
- The Minister for the Environment and Local Government's ability to exercise power or control over the Environmental Protection Agency's functions in specific circumstances.
- The Minister for the Environment and Local Government's ability to exercise power or control over the Environmental Protection Agency or a local authority's functions under the Waste Management Act in specific circumstances.
Who it concerns
- The Minister for the Environment and Local Government.
- The Minister for Community, Rural and Gaeltacht Affairs.
- Planning authorities and the Board (in relation to planning cases).
- The Environmental Protection Agency.
- Local authorities (in relation to waste management functions).
Key points
- The Minister for the Environment and Local Government generally cannot exercise power or control in particular planning cases, but this restriction does not apply to functions transferred from the Minister for Community, Rural and Gaeltacht Affairs.
- The Minister for the Environment and Local Government generally cannot control the Environmental Protection Agency's performance of functions in particular circumstances, but this restriction does not apply to transferred functions.
- The Minister for the Environment and Local Government generally cannot control the Environmental Protection Agency or a local authority's performance of waste management functions in particular circumstances, but this restriction does not apply to transferred functions.
- The transfers of functions can have occurred either before or after the passing of this Act.
đ Legal text
Minister For the Environment and Local Government (Performance of Certain Functions) Act, 2002
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Minister For the Environment and Local Government (Performance of Certain Functions) Act, 2002
Minister For the Environment and Local Government (Performance of Certain Functions) Act, 2002
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Number 24 of 2002
MINISTER FOR THE ENVIRONMENT AND LOCAL GOVERNMENT (PERFORMANCE OF CERTAIN FUNCTIONS) ACT, 2002
ARRANGEMENT OF SECTIONS
Section
1.
Amendment of section 30 of Planning and Development Act, 2000.
2.
Amendment of section 79 of Environmental Protection Agency Act, 1992.
3.
Amendment of section 60 of Waste Management Act, 1996.
4.
Short title.
Acts Referred to
Environmental Protection Agency Act, 1992
1992, No. 7
Ministers and Secretaries (Amendment) Act, 1939
1939, No. 36
Planning and Development Act, 2000
2000, No. 30
Waste Management Act, 1996
1996, No. 10
Number 24 of 2002
MINISTER FOR THE ENVIRONMENT AND LOCAL GOVERNMENT (PERFORMANCE OF CERTAIN FUNCTIONS) ACT, 2002
AN ACT TO MAKE PROVISION WITH RESPECT TO THE PERFORMANCE BY THE MINISTER FOR THE ENVIRONMENT AND LOCAL GOVERNMENT OF FUNCTIONS TRANSFERRED (WHETHER BEFORE OR AFTER THE DATE OF ITS PASSING) TO THAT MINISTER OF THE GOVERNMENT FROM THE MINISTER FOR COMMUNITY, RURAL AND GAELTACHT AFFAIRS BY AN ORDER UNDER SECTION 6(1) OF THE MINISTERS AND SECRETARIES (AMENDMENT) ACT, 1939. [3rd July, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Amendment of section 30 of Planning and Development Act, 2000.
1.âThe following section is substituted for
section 30
of the
Planning and Development Act, 2000
:
â30.â(1) Notwithstanding section 28 or 29 and subject to subsection (2), the Minister shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.
(2) Subsection (1) shall not affect the performance by the Minister of functions transferred (whether before or after the passing of the Minister for the Environment and Local Government (Performance of Certain Functions) Act, 2002) to him or her from the Minister for Community, Rural and Gaeltacht Affairs by an order under
section 6
(1) of the
Ministers and Secretaries (Amendment) Act, 1939
.â.
Amendment of section 79 of Environmental Protection Agency Act, 1992.
2.â
Section 79
of the
Environmental Protection Agency Act, 1992
, is amended by substituting for subsection (3) the following:
â(3) Subject to subsection (3A), nothing in this section shall be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by the Agency of a function assigned to it by or under this Act.
(3A) Subsection (3) shall not affect the performance by the Minister of functions transferred (whether before or after the passing of the Minister for the Environment and Local Government (Performance of Certain Functions) Act, 2002) to him from the Minister for Community, Rural and Gaeltacht Affairs by an order under
section 6
(1) of the
Ministers and Secretaries (Amendment) Act, 1939
.â.
Amendment of section 60 of Waste Management Act, 1996.
3.â
Section 60
of the
Waste Management Act, 1996
, is amended by substituting for subsection (3) the following:
â(3) Save as respects the matters referred to in subsection (1)(a) and subject to subsection (3A), subsection (1) shall not be construed as enabling the Minister to exercise any power or control in relation to the performance in particular circumstances by the Agency or a local authority of a function conferred on it by or under this Act.
(3A) Subsection (3) shall not affect the performance by the Minister of functions transferred (whether before or after the passing of the Minister for the Environment and Local Government (Performance of Certain Functions) Act, 2002) to him or her from the Minister for Community, Rural and Gaeltacht Affairs by an order under
section 6
(1) of the
Ministers and Secretaries (Amendment) Act, 1939
.â.
Short title.
4.âThis Act may be cited as the Minister for the Environment and Local Government (Performance of Certain Functions) Act, 2002.
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