No. 12/1993:

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1993

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Development by State authorities.

3. Amendment of section 78 of Principal Act.

4. Application of Part IV of Principal Act to certain development.

5. Repeal.

6. Short title, collective citation, commencement and construction.

ACTS REFERRED TO

Number 12 of 1993

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1993

AN ACT TO AMEND AND EXTEND THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS, 1963 TO 1992.

[14th June, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) In this Act—

"the Acts" means the Local Government (Planning and Development) Acts, 1963 to 1992, and any instrument made thereunder;

"the Commissioners" means the Commissioners of Public Works in Ireland;

"the Principal Act" means the Local Government (Planning and Development) Act, 1963 ;

"State authority" means any authority being—

( a ) a Minister of the Government, or

( b ) the Commissioners.

(2) In this Act a reference to the carrying out of development on behalf of a State authority shall, where that authority is a Minister of the Government, be construed as including a reference to the carrying out of development by the Commissioners on his behalf.

(3) In this Act—

( a ) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

( b ) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4) In this Act a reference to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

2.—(1) ( a ) Without prejudice to section 4 of the Principal Act, the Minister may, by regulations, provide that the Acts shall not apply to any specified class or classes of development by or on behalf of a State authority where—

(i) such development is, in the opinion of the Minister, in connection with or for the purposes of public safety or order, the administration of justice or national security or defence; or

(ii) the carrying out of such development requires to be authorised by or under any enactment (whether such authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation),

and for so long as such regulations are in force the Acts shall not apply to the said class or classes of development.

( b ) The Minister may, where he considers it necessary or expedient to do so, by regulations provide for any or all of the following matters in relation to any class or classes of development to which regulations under paragraph (a) apply, namely:

(i) the publication by a State authority of any specified notice with respect to development that it proposes to carry out or to have carried out on its behalf (hereafter in this paragraph referred to as "proposed development"),

(ii) the giving by a State authority, to the planning authority for the area in which proposed development is to be carried out or any other specified person, of any specified notice, documents, particulars, plans or other information with respect to the proposed development,

(iii) the making available for inspection by members of the public of any specified documents, particulars, plans or other information with respect to proposed development,

(iv) the preparation of an environmental impact statement with respect to proposed development, the contents of such a statement and the making available for inspection or purchase by members of the public of such a statement,

(v) the making of submissions or observations to a State authority with respect to proposed development,

(vi) the reference to a specified person of any dispute or disagreement with respect to proposed development between a State authority and the planning authority for the area in which the proposed development is to be carried out,

(vii) requiring a State authority, in deciding whether proposed development is to be carried out, to have regard to any specified matters or considerations.

( 2 ) ( a ) Where development is proposed to be carried out by or on behalf of a Minister of the Government or the Commissioners, the Minister of the Government concerned or, in the case of development proposed to be carried out by or on behalf of the Commissioners, the Minister for Finance may, if he is satisfied that the carrying out of the development is required by reason of an accident or emergency, by order provide that the Acts or, as may be appropriate, any requirement or requirements of regulations under subsection (1) (b) specified in the order shall not apply to the development and for so long as such an order is in force the Acts or the said requirement or requirements, as the case may be, shall not apply to the development.

( b ) A Minister of the Government may by order revoke an order made by him under paragraph (a).

( c ) A Minister of the Government shall cause an order made by him under this subsection to be published in the Iris Oifigiúil and notice of the making of the order to be published in a newspaper circulating in the area of the development concerned.

(3) Regulations under subsection (1) (b) may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient and, without prejudice to the generality of the foregoing, may include provisions modifying or adapting any enactment or instrument made under an enactment for the purpose of enabling the regulations to have full effect.

3.—Section 78 of the Principal Act is hereby amended by the substitution for the provisions thereof (other than the provisions inserted therein by the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 )) of the following subsection:

"(1) ( a ) Regulations made in relation to any specified cases or classes of cases of development proposed to be carried out by local authorities who are planning authorities may provide for any or all of the following matters:

(i) the publication by a local authority of any specified notice with respect to development that they propose to carry out (hereafter in this subsection referred to as 'proposed development'),

(ii) the giving by a local authority to any specified persons of any specified notice, documents, particulars, plans or other information with respect to proposed development,

(iii) the making available for inspection by members of the public of any specified documents, particulars, plans or other information with respect to proposed development,

(iv) the making of submissions or observations to a local authority with respect to proposed development.

(v) the preparation by a local authority of a report, dealing with any specified matters, with respect to proposed development, and the submission to the members of a local authority of such a report.

( b ) Regulations under this subsection may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient.".

4.—(1) Permission under Part IV of the Principal Act shall not be, and shall be deemed never to have been, required for development carried out or commenced by or on behalf of a State authority before the commencement of this section (hereafter in this subsection referred to as "State development"):

Provided that if in any proceedings—

(i) a court has, before the commencement of this section, made a finding that permission as aforesaid was required for particular State development, or

(ii) a court, after the commencement of this section, makes such a finding and the proceedings concerned were initiated before the 26th day of May, 1993,

this subsection shall not have effect in relation to the particular State development.

(2) Permission under Part IV of the Principal Act shall not be required for—

( a ) any development commenced by or on behalf of a State authority during a period of one year beginning on the commencement of this section, or

( b ) any development commenced by or on behalf of a State authority after the commencement of section 5 in respect of which consultation pursuant to section 84 of the Principal Act has been completed before the commencement of section 5.

5.—Section 84 of the Principal Act is hereby repealed.

6.—(1) This Act may be cited as the Local Government (Planning and Development) Act, 1993 .

(2) The Local Government (Planning and Development) Acts, 1963 to 1992, and this Act may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1993.

(3) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

(4) This Act and the Local Government (Planning and Development) Acts, 1963 to 1992, shall be construed together as one Act.