F681[162.—(1) In any proceedings for an offence under this Act, the onus of proving the existence of—

(a) any permission granted under Part III F682[or section 293],

(b) any certificate issued by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, or

(c) any certificate issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997,

shall be on the defendant.]

(2) Notwithstanding subsection (1) of this section, it shall not be a defence to a prosecution under this Part if the defendant proves that he or she has applied for or has been granted permission under F683[section 34(12C)]—

(a) since the initiation of proceedings under this Part,

(b) since the date of the sending of a warning letter under section 152, or

(c) since the date of service of an enforcement notice in a case of urgency in accordance with section 155.

(3) No enforcement action under this Part (including an application under section 160) shall be stayed or withdrawn by reason of an F684[application for permission for retention of unauthorised development] under F685[section 34(12C)] or the grant of that permission.