Industrial Development Act 1986

16C

F15 [ Exercise of compulsory powers

16C. (1) The powers conferred by paragraphs (a) , (b) and (c) of subsection (1) of section 16 may only be exercised compulsorily where an industrial undertaking is identified for the purpose referred to in that subsection and IDA

(a) considers that industrial development will or is likely to occur as a result of the exercise of those powers,

(b) is satisfied as to the matters specified in subsections (3) and (4)(b) , (c) , (d) and (e) of section 21 in respect of that undertaking,

(c) is satisfied that the exercise of those powers will serve to promote or support national objectives for industrial development, and

(d) is authorised, in accordance with an order referred to in subsection (2) , to exercise those powers.

(2) IDA may be authorised to exercise the powers under paragraphs (a) , (b) or (c) of subsection (1) of section 16 compulsorily by means of a compulsory purchase order as provided for by section 76 of the Act of 1966 and the Third Schedule thereto.

(3) Section 3 and Part V (other than section 77) of, and the Third and Fourth Schedules to, the Act of 1966, shall, with any necessary modifications, apply in relation to an order made by virtue of subsection (2) and for that purpose

(a) references in that Act to a housing authority shall be construed as references to IDA,

(b) references in sections 78(1) and 81(3)(a) of, and paragraph 4(a) of the Third Schedule to, that Act to newspapers circulating in their functional area shall be construed as references to newspapers circulating in the area in which the land to which the order relates is situate,

(c) references (howsoever expressed) in that Act to acquiring land compulsorily shall be construed as references to the exercise compulsorily of the powers under paragraphs (a) , (b) or (c) of subsection (1) of section 16 ,

(d) reference in section 80(1) of that Act to enter on, take possession of and use the land shall be construed as including reference to exercise, or as the case may be, terminate, restrict or otherwise interfere with, any easement or other right authorised by the order, and

(e) references in that Act to the purposes of that Act shall be construed as references to the purpose referred to in subsection (1 ) of section 16 .

(4) In construing a compulsory purchase order made by virtue of subsection (2) , a reference in any enactment incorporated therein which, but for this subsection, would by virtue of paragraph 5(5) of the Third Schedule to the Act of 1966 be construed as a reference to a housing authority, shall be construed as a reference to IDA. ]

Annotations:

Amendments:

F15

Inserted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 6, S.I. No. 361 of 2018.