Industrial Development Act 1986

Provision of sites and services by the Authority.

[1952, s. 5; 1959, s. 2; 1963, s. 9; 1969, s. 15]

16

16. (1) For the purpose of providing or facilitating the provision of sites or premises for the establishment, development or maintenance of an industrial undertaking F9 [ IDA, in furtherance of its functions (whether conferred by or under this Act or any other enactment), may, subject to sections 16A , 16B and 16C ]

( a) acquire any land either permanently or temporarily and either by agreement or compulsorily;

( b) acquire (either permanently or temporarily and either by agreement or compulsorily) any easement, way-leave, water-right or other right whatsoever over or in respect of any land or water;

( c) terminate, restrict or otherwise interfere with (either permanently or temporarily and either by agreement or compulsorily) any easement, way-leave, water-right or other right whatsoever over or in respect of any land or water;

( d) construct, adapt and maintain buildings and other works;

( e) provide services and facilities in connection with land;

( f) sell, lease or otherwise dispose of land vested in it;

( g) make grants to aid persons to—

(i) acquire land,

(ii) construct and adapt buildings and other works, and

(iii) provide services and facilities in connection with land;

( h) do any act or thing which may be necessary for or incidental to the doing of anything which the Authority is by the preceding paragraphs F9 [ authorised to do. ]

F10 [ ]

(2) The provisions of the Second Schedule shall apply to the exercise by F11 [ IDA ] of its powers under this section.

(3) Nothing in subsection (1) shall be construed as affecting the operation of section 130 of the Transport Act, 1944.

F12 [ (4) Notwithstanding subsections (1) and (2) of section 18 of the Industrial Development (Forf á s Dissolution) Act 2014, and the Schedule to that Act, the functions conferred by this section shall be performable by IDA only. ]

Annotations:

Amendments:

F9

Substituted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 3(a)(i), (ii), S.I. No. 361 of 2018.

F10

Deleted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 3(a)(iii), S.I. No. 361 of 2018.

F11

Substituted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 3(b), S.I. No. 361 of 2018.

F12

Inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 3(c), S.I. No. 361 of 2018.

Modifications (not altering text):

C4

Functions under section transferred (1.08.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 18 and sch., commenced as per subs. (8) and S.I. No. 341 of 2014.

Transfer of functions to Enterprise Ireland and IDA

18. (1) The functions specified in the Schedule are transferred to Enterprise Ireland and IDA.

(2) The functions transferred under subsection (1) may be performed—

(a) by either Enterprise Ireland or IDA, or

(b) jointly by both Enterprise Ireland and IDA.

(3) The functions specified in paragraph (c) of subsection (1) of section 8 of the Act of 1987 are transferred to IDA.

(4) A function transferred under subsection (1) shall be performed by Enterprise Ireland or IDA, or both, as the case may be, in accordance with such directions (if any) as may be issued by the Minister from time to time.

(5) A function transferred under subsection (3) shall be performed by IDA in accordance with such directions (if any) as may be issued by the Minister from time to time.

(6) Any assignment of powers and functions under section 9 of the Act of 1993 to Enterprise Ireland or IDA in force immediately before the coming into operation of this section shall cease to have effect on that coming into operation.

(7) Subsection (3) of section 3 of the Act of 1995 is repealed. (8) This section shall come into operation on the dissolution day.

(8) This section shall come into operation on the dissolution day.

SCHEDULE

Section 18

Functions Transferred to Enterprise Ireland and IDA

Functions referred to in:

...

2. Subsections (3), (5) and (7) of section 5, paragraphs (a), (c) to (h) and (j) of subsection (1) of section 11, sections 16, 18 to 32, 36 and 37 of the Industrial Development Act 1986.

...

C5

Application of subs. (1) restricted (1.01.1996) by Industrial Development Act 1995 (28/1995), s. 3(4), S.I. No. 308 of 1995.

Power of Agencies to acquire, hold and dispose of land and other property.

3.— ...

(4) Forfás and each Agency may sell, lease or otherwise dispose of land otherwise than in accordance with subsection (1) of section 16 of the Industrial Development Act, 1986, with the express consent of the Minister.

Editorial Notes:

E15

Previous affecting provision: application of section extended (1.01.1996) by Industrial Development Act 1995 (28/1995), s. 3(3), S.I. No. 308 of 1995; repealed (1.08.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 18(7), commenced as per subs. (8) and S.I. No. 341 of 2014.