Environment (Miscellaneous Provisions) Act 2015

25

Amendment of section 34 of Act of 1987

25. (1) Section 34 of the Act of 1987 is amended by—

(a) in subsection (1), the substitution of “the Agency” for “An Bord Pleanála”, and

(b) in subsection (2), the substitution of “The Agency” for “An Bord Pleanála”.

(2) Where an appeal is commenced under section 34 of the Act of 1987 and, on the coming into operation of subsection (1)

(a) An Bord Pleanála has completed its consideration of the appeal but has not refused the appeal or given a direction to the local authority concerned, as the case may be, an Bord Pleanála shall continue to perform its functions under section 34 in relation to the appeal as if subsection (1) has not come into operation, or

(b) An Bord Pleanála has not completed its consideration of the appeal the amendments effected to section 34 by subsection (1) shall have effect in relation to the appeal.