C306

Prospective affecting provision: transitional arrangements on repeal made, vesting of certain functions in An Coimisiún Pleanála affirmed and references construed by Planning and Development Act 2024 (34/2024), ss. 410, 423, 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:

(i) the Public Health (Ireland) Act 1878;

(ii) the Local Government (Ireland) Act 1898;

(iii) the Local Government Act 1925;

(iv) the Water Supplies Act 1942;

(v) the Local Government (No. 2) Act 1960;

(vi) the Local Government (Sanitary Services) Act 1964;

(vii) the Act of 1966;

(viii) the Derelict Sites Act 1990;

(ix) the Roads Acts 1993 and 1998;

(x) the Dublin Docklands Development Authority Act 1997,

(b) the functions of the Minister of the Government concerned in relation to a scheme or proposed road development under sections 49, 50 and 51 of the Act of 1993,

(c) the functions of—

(i) any Minister of the Government, or

(ii) the Commission for Energy Regulation,

under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976 in relation to the compulsory acquisition of land in respect of a strategic gas infrastructure development,

(d) the functions of the Minister of the Government concerned under section 17 of, and the Second Schedule to, the Air Navigation and Transport (Amendment) Act 1998 in relation to the compulsory acquisition of land for the purposes set out in section 18 of that Act, and

(e) the functions of the Minister of the Government concerned under section 16 of, and the Fourth Schedule to, the Harbours Act 1996 in relation to the compulsory acquisition of land for the purposes set out in that section,

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.

(2) A reference in an enactment that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, was to be construed as a reference to An Bord Pleanála by virtue of section 214, 215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed as a reference to the Commission.

(3) In this section “local authority” includes the Dublin Docklands Authority.

...

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:

(i) the Public Health (Ireland) Act 1878;

(ii) the Local Government (Ireland) Act 1898;

(iii) the Local Government Act 1925;

(iv) the Water Supplies Act 1942;

(v) the Local Government (No. 2) Act 1960;

(vi) the Local Government (Sanitary Services) Act 1964;

(vii) the Act of 1966;

(viii) the Derelict Sites Act 1990;

(ix) the Roads Acts 1993 and 1998;

(x) the Dublin Docklands Development Authority Act 1997,

(b) the functions of the Minister of the Government concerned in relation to a scheme or proposed road development under sections 49, 50 and 51 of the Act of 1993,

(c) the functions of—

(i) any Minister of the Government, or

(ii) the Commission for Energy Regulation,

under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976 in relation to the compulsory acquisition of a maritime site in respect of a strategic gas infrastructure development,

(d) the functions of the Minister of the Government concerned under section 17 of, and the Second Schedule to, the Air Navigation and Transport (Amendment) Act 1998 in relation to the compulsory acquisition of a maritime site for the purposes set out in section 18 of that Act, and

(e) the functions of the Minister of the Government concerned under section 16 of, and the Fourth Schedule to, the Harbours Act 1996 in relation to the compulsory acquisition of a maritime site for the purposes set out in that section,

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.

(2) A reference in an enactment that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, was to be construed as a reference to An Bord Pleanála by virtue of section 214, 215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed as a reference to the Commission.

(3) In this section “local authority” includes the Dublin Docklands Authority.

C307

References construed (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 7, commenced on enactment and S.I. No. 144 of 2016. The Council referred to is Dublin City Council.

Transfer of functions

7. (1) All functions that, immediately before the dissolution day, were vested in the Authority under subsections (1) (with the exception of functions vested under subparagraphs (i), (ii) and (iii) of paragraph (b)), (2), (3), (5) and (6) of section 18 of the Act of 1997 shall on that day stand transferred to the Council.

(2) References in any enactment (other than this Act) or instrument under an enactment to the Authority shall, to the extent that such references relate to a function transferred to the Council under this section, on and after the dissolution day, be construed as references to the Council.