Derelict Sites Act 1990
Number 14 of 1990
DERELICT SITES ACT 1990
REVISED
Updated to 5 November 2024
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 Health Insurance (Amendment) and Health (Provision of Menopause Products) Act 2024 (42/2024), enacted 11 November 2024, and all statutory instruments up to and including the Housing (Adaptation Grants for Older People and Disabled People) Regulations 2024 (S.I. No. 612 of 2024), made 5 November 2024, 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 5 November 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
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Section |
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Measures to Prevent and Control Derelict Sites
Levy on Derelict Sites
Prosecutions
Miscellaneous
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Acts Referred to |
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1940, No. 29 |
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9 and 10 Geo. 5, c. 57 |
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Companies Acts, 1963 to 1986 |
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1961, No. 3 |
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1946, No. 9 |
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1970, No. 1 |
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53 and 54 Vic. c. 70 |
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1937, No. 38 |
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8 and 9 Vic. c. 18 |
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1941, No. 23 |
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1963, No. 28 |
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Local Government (Planning and Development) Acts, 1963 to 1983 |
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National Monuments Acts, 1930 to 1987 |
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1964, No. 16 |
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1988, No. 2 |
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1930, No. 29 |
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Number 14 of 1990
DERELICT SITES ACT 1990
REVISED
Updated to 5 November 2024
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. [27th June, 1990]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Prospective affecting provision: certain functions transferred and references construed by Planning and Development Act 2024 (34/2024), ss. 410(1)(a)(viii), 423(1)(a)(viii), not commenced as of date of revision.
Continuance of vesting of certain functions
410. (1) It is hereby declared that all the functions that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections 214, 215, 215A, 215B and 215C of that Act, namely—
(a) the functions conferred on the Minister of the Government concerned in relation to the compulsory acquisition of land by a local authority under the following enactments: ...
(viii) the Derelict Sites Act 1990;
...
shall, on and after that repeal, continue to vest in the Commission and the enactments referred to in paragraphs (a) to (e) shall, with all necessary modifications, be construed accordingly.
...
Continuance of vesting of certain functions
423. (1) It is hereby declared that all the functions that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections 214, 215, 215A, 215B and 215C of that Act, namely—
(a) the functions conferred on the Minister of the Government concerned in relation to the compulsory acquisition of a maritime site by a local authority under the following enactments: ...
(viii) the Derelict Sites Act 1990;
...
shall, on and after that repeal, continue to vest in the Commission and the enactments referred to in paragraphs (a) to (e) shall, with all necessary modifications, be construed accordingly.
...
C2
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
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Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
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No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
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Number and Year (1) |
Short Title (2) |
Provision (3) |
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... |
... |
... |
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No. 14 of 1990 |
Derelict Sites Act 1990 |
The whole Act. |
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... |
... |
... |
C3
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).
...
C4
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.
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SECOND SCHEDULE
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... |
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14 |
1990 |
Derelict Sites Act, 1990 |
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... |
... |
... |
C5
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 designated a "relevant enactment" (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 5(9), commenced on enactment, enabling the Government to declare emergency periods in the context of Covid-19.
E2
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.