STATUTORY INSTRUMENTS

S.I. No. 449 of 2000.

PLANNING AND DEVELOPMENT ACT, 2000 (COMMENCEMENT) (NO. 2) ORDER, 2000.

Dublin

Published by the Stationery Office

S.I. No. 449 of 2000.

Planning and Development Act, 2000 (Commencement) (No. 2) Order, 2000.

The Minister for the Environment and Local Government in exercise of the powers conferred on him by section 270 of the Planning and Development Act, 2000 ( No.30 of 2000 ) hereby orders as follows:

1.   This Order may be cited as the Planning and Development Act, 2000 (Commencement) (No. 2) Order, 2000.

2.   In this Order, the Act means the Planning and Development Act, 2000 .

3.   On 1 January, 2001, sections 2 (insofar as it relates to the sections commenced on that date), 50 (insofar as it relates to decisions under subsection (2)(b)(iii) of that section), 71, 72, 73, 74, 75, 76, 77, 78, 182, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 263, 264 (insofar as it relates to the repeal of Section 55A of the Roads Act, 1993 , as inserted by section 6 of the Roads (Amendment) Act, 1998 ), 265(3), 267, 268(1) (other than paragraphs (a), (b), (c) and (d) of that subsection), 271, 272, 273, 274, 275, 276 and 277 of the Act shall come into operation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order brings Part XIV on the Acquisition of Land, etc. and Part XX on Amendments of the Roads Act, 1993 into force on 1 January, 2001. The Order also commences certain transitional provisions relating to the compulsory acquisition of land, including section 267 which provides that matters relating to the compulsory acquisition of land which were, on 1 January, 2001, before the Minister for the Environment and Local Government for determination will be transferred to An Bord Pleanála for determination.

The Order also commences certain related sections of the Act. Sections 71 to 78 provide for applications to the Board for consent to the compulsory purchase of protected structures. Section 182 provides for the laying of cables, wires and pipelines (including waterpipes, sewers and drains) by a local authority across land, with an appeal to An Bord Pleanála if consent is withheld by the landowner. Section 50 is commenced insofar as it relates to judicial review of decisions of the Board under Part XIV of the Act. Section 2 which sets out interpretations for the purposes of the Act is commenced insofar as necessary for the understanding of the other sections commenced.

Section 55A of the Roads Act, 1993 (as inserted by section 6 of the Roads (Amendment) Act, 1998 ) which relates to judicial review of decisions of the Minister under the Roads Act is repealed on 1 January, 2001, save as provided for in section 268(1)(e) of the 2000 Act.