Derelict Sites Act 1990


Number 14 of 1990


DERELICT SITES ACT 1990

REVISED

Updated to 29 March 2020


This Revised Act is an administrative consolidation of the Derelict Sites Act 1990. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (Part 3) (Commencement) Order 2020 (S.I. No. 100 of 2020), made 29 March 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 14 of 1990


DERELICT SITES ACT 1990

REVISED

Updated to 29 March 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020)

Planning and Development (Amendment) Act 2018 (16/2018)

Urban Regeneration and Housing Act 2015 (33/2015)

Water Services Act 2007 (30/2007)

Local Government Act 2001 (37/2001)

Planning and Development Act 2000 (30/2000)

Local Government (Planning and Development) Act 1999 (17/1999)

Waste Management Act 1996 (10/1996)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Derelict Sites Act 1990 (Urban Areas) Regulations 2018 (S.I. No. 589 of 2018)

Derelict Sites (Urban Areas) (No. 2) Regulations 2016 (S.I. No. 564 of 2016)

Derelict Sites (Urban Areas) Regulations 2016 (S.I. No. 135 of 2016)

Derelict Sites (Urban Areas) Regulations 2015 (S.I. No. 54 of 2015)

Derelict Sites (Urban Areas) Regulations 2013 (S.I. No. 570 of 2013)

Derelict Sites (Urban Areas) (No. 2) Regulations 2012 (S.I. No. 578 of 2012)

Derelict Sites (Urban Areas) Regulations 2012 (S.I. No. 577 of 2012)

Derelict Sites (Urban Areas) Regulations 2011 (S.I. No. 688 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Derelict Sites (Urban Areas) Regulations 2010 (S.I. No. 642 of 2010)

Derelict Sites (Urban Areas) Regulations 2009 (S.I. No. 561 of 2009)

Derelict Sites (Urban Areas) Regulations 2007 (S.I. No. 870 of 2007)

Derelict Sites (Urban Areas) Regulations 2006 (S.I. No. 662 of 2006)

Derelict Sites (Urban Areas) Regulations 2005 (S.I. No. 813 of 2005)

Derelict Sites (Urban Areas) Regulations 2004 (S.I. No. 659 of 2004)

Derelict Sites (Urban Areas) Regulations 2003 (S.I. No. 621 of 2003)

Derelict Sites (Urban Areas) Regulations 2001 (S.I. No. 578 of 2001)

Derelict Sites Regulations 2000 (S.I. No. 455 of 2000)

Derelict Sites (Urban Areas) Regulations 2000 (S.I. No. 440 of 2000)

Derelict Sites (Urban Areas) Regulations 1993 (S.I. No. 392 of 1993)

Local Government Act 1991 (Removal of Controls) Regulations 1993 (S.I. No. 172 of 1993)

Derelict Sites (Urban Areas) (No. 2) Regulations 1992 (S.I. No. 408 of 1992)

Derelict Sites (Urban Areas) Regulations 1992 (S.I. No. 364 of 1992)

Derelict Sites (Urban Areas) Regulations 1991 (S.I. No. 362 of 1991)

Derelict Sites (Commencement of Derelict Sites Levy) Regulations 1991 (S.I. No. 286 of 1991)

Derelict Sites (Appeal Fees) Regulations 1991 (S.I. No. 149 of 1991)

Derelict Sites (Case Stated For High Court) (Fee) Regulations 1991 (S.I. No. 148 of 1991)

Derelict Sites Regulations 1990 (S.I. No. 192 of 1990)

All statutory instruments up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (Part 3) (Commencement) Order 2020 (S.I. No. 100 of 2020), made 29 March 2020, were considered in the preparation of this revision.


Number 14 of 1990


DERELICT SITES ACT 1990

REVISED

Updated to 29 March 2020


ARRANGEMENT OF SECTIONS


Number 14 of 1990


DERELICT SITES ACT 1990

REVISED

Updated to 29 March 2020


AN ACT TO MAKE PROVISION WITH RESPECT TO LAND TO PREVENT IT BEING OR BECOMING A DERELICT SITE, TO ENABLE LOCAL AUTHORITIES TO REQUIRE THE TAKING OF MEASURES ON DERELICT SITES BY THE OWNERS OR OCCUPIERS AND, IN CERTAIN CIRCUMSTANCES, TO ACQUIRE DERELICT SITES COMPULSORILY, TO ESTABLISH REGISTERS OF DERELICT SITES, TO ENABLE THE MINISTER TO GIVE DIRECTIONS IN RELATION TO DERELICT SITES, TO PROVIDE FOR A DERELICT SITES LEVY AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE AFORESAID AND TO REPEAL THE DERELICT SITES ACT, 1961. [27 th June, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Time periods in Act construed by Planning and Development Act 2000 (30/2000), s. 251A(1), as inserted (29.03.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 9, S.I. No. 100 of 2020, for temporary period initially ceased (20.04.2020) by S.I. No. 129 of 2020, secondly ceased (9.05.2020) by S.I. No. 131 of 2020, and further ceased (23.05.2020) by S.I. No. 165 of 2020.

[Calculation of time limits during emergency

251A. (1) Where calculating any appropriate period, specified period or other time limit referred to in the following Acts or provisions, or in any regulations made under those Acts or provisions, the period referred to in subsection (2) shall be disregarded: ...

(b) the Derelict Sites Act 1990;

...

(2) The period to be disregarded under subsection (1) is the period beginning on the date section 9 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 comes into operation and, subject to subsection (6), ending on the date that shall be specified by order under subsection (3) or that may be specified by order under subsection (4).

...

C2

Application of Act restricted (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), reg. 42(22).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

SECOND SCHEDULE

...

...

...

14

1990

Derelict Sites Act, 1990

...

...

...

C3

Minister’s functions in relation to compulsory acquisition of land under Act transferred to An Board Pleanála (1.01.2001) by Planning and Development Act 2000 (30/2000), s. 214(1), S.I. No. 449 of 2000.

Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.

214.—(1) The functions conferred on the Minister in relation to the compulsory acquisition of land by a local authority under the following enactments are hereby transferred to, and vested in, the Board and any reference in any relevant provision of those Acts to the Minister, or construed to be a reference to the Minister, shall be deemed to be a reference to the Board except that any powers under those enactments to make regulations or to prescribe any matter shall remain with the Minister:

...

Derelict Sites Act, 1990;

...

Editorial Notes:

E1

Act included in list of Acts responsibility for which resides primarily with the Minister for the Environment, Community and Local Government (1.01.2002) by Local Government Act 2001 (37/2001), s. 63(2)(a)(i), sch. 12 part 1, S.I. No. 588 of 2001 as substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 115, S.I. No. 846 of 2007.