Derelict Sites Act 1990

Register of derelict sites.

8

8. (1) Every local authority shall, within one year after the commencement of this Act, establish and thereafter maintain a register to be known as “the derelict sites register” and which is referred to in this Act as “the register” and shall enter on to the register—

( a) particulars of any land in their functional area which, in their opinion, is a derelict site,

( b) the name and address of each owner and occupier, where these can be ascertained by reasonable enquiry,

( c) particulars of any action taken by the local authority under this Act or under any other enactment in relation to the site,

( d) in the case of land owned or occupied by a local authority, particulars of the use, if any, which is being made of the land and particulars of any purpose for which the land is intended to be used,

( e) particulars of the market value of urban land as determined by the local authority, or by the Tribunal on appeal, in accordance with the provisions of section 22 , and

( f) such other particulars as may be prescribed.

(2) Before making any entry on the register in relation to any land, the local authority shall give to any owner and occupier, where they can be ascertained by reasonable enquiry, notice of their intention to make such entry and shall consider any representations any owner or occupier may make in writing within such period as may be specified in the notice and may either make the entry or not as they think proper having regard to such representations.

(3) A local authority may remove an entry from the register where they consider that the entry is no longer appropriate.

(4) A local authority shall remove an entry from the register (and record in the register the date on which this is done) in relation to a derelict site where—

( a) a notice under section 11 has been complied with, or

( b) steps have been taken under section 11 (5) to give effect to the terms of a notice under section 11, or

( c) the land has otherwise ceased to be a derelict site.

(5) The register shall be kept at the offices of the local authority and shall be available for inspection at the offices of the local authority during office hours.

(6) A copy of the register or an entry in the register shall be sent to the Minister on request.

(7) Notice of an entry in the register shall be served by the local authority on the owner and occupier of a site in respect of which an entry has been made in the register where such persons can be ascertained by reasonable enquiry.

(8) Every document purporting to be a copy of an entry in the register and purporting to be certified by an officer of a local authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and be evidence of the terms of the entry.

(9) Evidence of an entry in the register may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

Annotations:

Modifications (not altering text):

C4

Additional particulars for entry onto the register under subs. (1) specified (20.12.2000) by Derelict Sites Regulations 2000 (S.I. No. 455 of 2000), reg. 3.

3. (1) A local authority shall enter on to the register, in addition to the particulars specified in section 8 (1) (a) to (e) of the Act,:—

(a) Particulars of any development objective for the purpose of reserving the land for roads or parking places or for any of the purposes of reserving or preserving land indicated in Part IV of the Third Schedule to the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), or for any of the purposes of reserving or preserving land indicated in Parts IV and V of the First Schedule to the Act of 2000, which exists in relation to land particulars of which are entered on to the register, and

(b) Particulars of any bond entered into by an owner of urban land under section 25 of the Act.

(2) The register shall incorporate a map for enabling a person to trace any land entered on to the register.

Editorial Notes:

E26

Previous affecting provision: additional particulars for entry onto the register under subs. (1) specified (25.07.1990) by Derelict Sites Regulations 1990 (S.I. No. 192 of 1990), reg. 3; revoked and replaced (20.12.2000) by Derelict Sites Regulations 2000 (S.I. No. 455 of 2000), reg. 7.