The Roads (Northern Ireland) Order 1993

[F1 [F2 Validity of decisions N.I.

67BA.— (1) If a person aggrieved by a decision of the Department to proceed with the construction or improvement for which an [F3 EIA report] has been made desires to question the validity of the decision on the ground that—

(a) it is not within the powers of this Order; or

(b) any requirement of this Part has not been complied with in relation to the decision;

[F4 that person] may, within 6 weeks from the date on which the decision is first published under Article 67A(8), make an application for the purpose to the High Court.

(2) On any such application, the Court—

(a) may, by interim order, suspend the operation of the decision, or any aspect of it, either generally or insofar as it affects any property of the applicant, until the final determination of the proceedings; and

(b) if satisfied that the decision is not within the powers of this Order, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Part, may quash the decision, or any aspect of it, either generally or insofar as it affects any property of the applicant.

(3) Subject to paragraph (2), a decision to which paragraph (1) applies shall not be questioned in any legal proceedings whatever.]]

F1 SR 1999/89

F2 Art. 67BA inserted (10.9.2007) by Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2007 (S.R. 2007/346), reg. 2(5) (with reg. 3)

F3 Words in art. 67BA(1) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 7(2)

F4 Words in art. 67BA(1) substituted (16.5.2017) by The Roads (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (S.R. 2017/87), regs. 1(1), 7(3)