Building Control Act 1990

F15[ Fees in respect of an appeal.

7A

7A. (1) Subject to the approval of the Minister, An Bord Pleanála (hereafter in this section referred to as the Board) may determine that fees shall be payable in relation to appeals under section 7 and, subject to subsection (2), such a fee so determined shall be paid to the Board by the person making the appeal under section 7 at such time as the Board specifies.

(2) The power of the Board in relation to fees referred to in subsection (1) includes a power of the Board

(a) to determine that different such fees shall be payable in respect of different classes of appeal under section 7,

(b) to exempt a person from the requirement to pay any such fee in such circumstances as it determines, and

(c) to remit or refund in whole or in part any such fee that has been paid in such circumstances as it determines,

and the exercise of the power under paragraph (b) or (c) (as distinct from the determination of the circumstances in which the power shall be exercisable) shall not require the approval of the Minister.

(3) The Board shall review the fees determined under subsection (1) from time to time, but at least every three years, having regard to any change in the consumer price index since the determination of the fees for the time being in force, and may amend the fees to reflect the results of that review, without the necessity of the Ministers approval under subsection (1).

(4) For the purposes of this section, change in the consumer price index means the difference between the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the determination under this section and the said number last published before the date of the review under subsection (3), expressed as a percentage of the last-mentioned number.

(5) Where the Board determines or amends fees in accordance with this section, it shall give notice of the fees in at least one newspaper circulating in the State, not less than 8 weeks before the fees come into effect.]

Annotations

Amendments:

F15

Inserted (1.03.2008) by Building Control Act 2007 (21/2007), s. 7, S.I. No. 50 of 2008.