Planning and Development Act 2000

F428[Regulations

37P

37P.F429[(1) The Minister shall make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for permission under section 37L and decisions under section 37N.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) make provision for the payment of fees to the Board, and

(b) make provision for matters of procedure in relation to the making of an application under section 37L, including the giving of public notice and the making of applications in electronic form.]]

Annotations

Amendments:

F428

Inserted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 4.

F429

Substituted (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 21(1), S.I. No. 645 of 2023, subject to transitional provisions in subss. (2)-(4).

Modifications (not altering text):

C108

Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 129(6), not commenced as of date of revision.

Applications for retrospective consent

129.— …

(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal—

(a) the said section 37L,

(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and

(c) regulations under section 37P of the Act of 2000,

shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.

C109

SIs made under section continued in force (16.12.2023) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 21(2)-(4), S.I. No. 645 of 2023.

(2) All regulations made under section 37P of the Principal Act and in force immediately before the date of the coming into operation of subsection (1) shall be deemed on and after that date to have been made under section 37P of the Principal Act as amended by subsection (1).

(3) Every act done, or purporting to have been done, under the regulations referred to in subsection (2) before the date of the coming into operation of subsection (1) shall on and after that date be, and be deemed always to have been, valid and effectual for all purposes.

(4) If subsection (2) or (3) would, but for this subsection, conflict with a constitutional right of any person, the operation of the subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall be otherwise of full force and effect.

Editorial Notes:

E198

Power pursuant to subs. (1) exercised (16.12.2023) by Planning and Development (Amendment) (No. 4) Regulations 2023 (S.I. No. 648 of 2023).

E199

Power pursuant to section exercised (10.09.2015) by Planning and Development (Amendment) (No. 3) Regulations 2015 (S.I. No. 387 of 2015).

E200

Power pursuant to section exercised (16.07.2015) by Planning and Development (Amendment) (No. 2) Regulations 2015 (S.I. No. 310 of 2015), in effect as per reg. 2.