Minister For the Environment and Local Government (Performance of Certain Functions) Act, 2002

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.

Legal text

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2002 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 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán 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,

[3rd July, 2002] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Amendment of section 30 of Planning and Development Act,
1.—The following section is substituted for section 30 of the Planning and Development Act, 2000 : “30.—

(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 .”. Amendment of section 79 of Environmental Protection Agency Act, 1992. 2.— Section 79 of the Environmental Protection Agency Act, 1992 , is amended by substituting for subsection

(3)the following: “

(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 .”. Amendment of section 60 of Waste Management Act, 1996. 3.— Section 60 of the Waste Management Act, 1996 , is amended by substituting for subsection

(3)the following: “

(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 .”. Short title. 4.—This Act may be cited as the Minister for the Environment and Local Government (Performance of Certain Functions) Act, 2002. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.