Planning and Development Act 2000

F1247[Construction of references to land

309

309. (1) The relevant provisions shall apply to

(a) maritime development,

(b) proposed maritime development, and

(c) the maritime area,

as if references to land or the land were references to a maritime site.

(2) References in a relevant provision to occupier shall, in so far as that provision applies to a maritime site, be construed as including references to the holder of a maritime area consent granted for the occupation of that maritime site for the purposes of maritime development.

(3) References in a relevant provision (other than section 182) to owner shall, in so far as that provision applies to a maritime site, not include references to a Minister of the Government in whom the maritime site vests by virtue of section 5 of the Act of 1954.

(4) Section 37 shall apply to a decision under section 34 in respect of an application for permission for development to which Chapter II applies as if references to land in subsection (6) included references to a maritime site.

(5) The reference in paragraph (b) of subsection (2) of section 43 to land shall be construed as including a reference to a maritime site.

(6) A power conferred on a local authority by a relevant provision (by virtue of the operation of this section) to compulsorily acquire a maritime site shall not apply to a maritime site that vests in a Minister of the Government by virtue of section 5 of the Act of 1954.

(7) In this section

"Act of 1954" means the State Property Act 1954; and

"relevant provision" means a provision of this Act specified in Part 1 of the Ninth Schedule (inserted by section 173 of the Maritime Area Planning Act 2021).]

Annotations:

Amendments:

F1247

Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 171, S.I. No. 488 of 2022.