Acts of Parliament>>Miscellaneous>>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
Number 24 of 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
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 .”.
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 .”.
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 .”.
