Land Development Agency Act 2021

Number 26 of 2021

LAND DEVELOPMENT AGENCY ACT 2021

REVISED

Updated to 1 June 2024

This Revised Act is an administrative consolidation of the Land Development Agency Act 2021. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Research and Innovation Act 2024 (15/2024), enacted 4 June 2024, and all statutory instruments up to and including the Land Development Agency Act 2021 (Part 9 Exemption) Order 2024 (S.I. No. 295 of 2024), made 21 May 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 26 of 2021


LAND DEVELOPMENT AGENCY ACT 2021

REVISED

Updated to 1 June 2024


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Purposes of Act

3. State aid

4. Interpretation

5. Relevant public body and relevant public land

6. Orders and regulations

7. Expenses of Minister

8. Directions of Minister

9. Review of achievement of purposes of Act

10. Giving of notices

11. Revocation

PART 2

Land Development Agency

12. Formation of Land Development Agency

13. Constitution of Agency

14. Functions of Agency

15. Services to local authorities

16. Board of Agency

17. Chief executive of Agency

18. Accountability to Public Accounts Committee

19. Accountability to other Oireachtas committees

20. Appointed directors ceasing to hold office

21. Staff of Agency

22. Membership of either House of Oireachtas or European Parliament or local government

23. Disclosure of interests

24. Disclosure of confidential information

PART 3

Funding of Agency

25. Share capital of Agency

26. Shares in Agency

27. Payment of dividends

28. Borrowing by Agency and subsidiary DAC

29. Grants to Agency

30. Amendment of National Treasury Management Agency (Amendment) Act 2014

31. Amendment of Housing Finance Agency Act 1981

32. Agency’s capital commitments

32A. Further provision relating to funding of Agency

PART 4

Agency to establish subsidiary DACs

33. Establishment of subsidiary DAC

34. Provision of staff and services by Agency to subsidiary DAC

PART 5

Dissolution of body established by Order of 2018

35. Dissolution of body established by Order of 2018

36. Transfer of functions to Agency

37. Transfer of members of staff to Agency

38. Transfer of land and other property

39. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body

40. Preservation of contracts made by dissolved body

41. Records of dissolved body

42. Liability for loss occurring before dissolution day

43. Final accounts and final report of dissolved body

44. Provisions consequent upon transfer of functions, assets and liabilities to Agency

45. First chief executive on dissolution day

PART 6

Financial statements and public accountability

46. Accounts of Agency and subsidiary DACs

47. Appointment of statutory auditor or firm

48. Reporting arrangements

PART 7

Register and acquisition of relevant public land by Agency

49. Definitions (Part 7)

50. Register of Relevant Public Land

51. Obligations of relevant public body

52. Report of Agency to Government relating to certain land

53. Proposal to dispose of relevant public land

54. Direction to acquire land

55. Provision for determination of value of relevant public land

56. Vesting of certain relevant public land in Agency

57. Disposal of land by Agency or subsidiary DAC

58. Provision relating to local authority land under this Part

59. General provision relating to operation of this Part

PART 8

Compulsory purchase

60. Definitions

61. Agency’s power to acquire land compulsorily

62. Application to Court for acquisition order

63. Notice of intention to apply to Court for order

64. Maps, plans and books of reference to be deposited

65. Consideration by Court of objections

66. Acquisition order

67. Notice to treat

68. Agency’s power to take possession

69. Determination of compensation

70. Court may make compulsory transfer order

71. Agency to inform Revenue Commissioners if certain liabilities exist

72. Form and effect of compulsory transfer order

73. Effect of compulsory acquisition without compulsory transfer order

PART 9

Requirement in relation to development of dwellings on relevant public land and former relevant public land

74. Interpretation - Part 9

75. Requirement in relation to development of dwellings on relevant public land and former relevant public land

76. Referrals to Board

77. Minister may set percentage

PART 10

Miscellaneous

78. Amendment of Act of 2000

79. Application of Freedom of Information Act 2014 to Agency

80. Amendment of Public Service Pensions (Single Scheme and Other Provisions) Act 2012

SCHEDULE 1

Schedule 1 Public Bodies

SCHEDULE 2

Schedule 2 Public Bodies

SCHEDULE 3

Relevant Public Land referred to in section 56(1)(c)


Acts Referred to

Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57)

Adoptive Leave Acts 1995 and 2005

Affordable Housing Act 2021 (No. 25)

Carer’s Leave Act 2001 (No. 19)

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Comptroller and Auditor General Acts 1866 to 1998

Education and Training Boards Act 2013 (No. 11)

Ethics in Public Office Act 1995 (No. 22)

European Communities Act 1972 (No. 27)

European Parliament Elections Act 1997 (No. 2)

Freedom of Information Act 2014 (No. 30)

Grangegorman Development Agency Act 2005 (No. 21)

Harbours Act 1996 (No. 11)

Housing (Miscellaneous Provisions) Act 1992 (No. 18)

Housing (Miscellaneous Provisions) Act 2009 (No. 22)

Housing (Traveller Accommodation) Act 1998 (No. 33)

Housing Act 1966 (No. 21)

Housing Finance Agency Act 1981 (No. 37)

Lands Clauses Consolidation Act 1845 (8 & 9 Vict., c. 18)

Local Government Act 2001 (No. 37)

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Treasury Management Agency (Amendment) Act 2014 (No. 23)

Organisation of Working Time Act 1997 (No. 20)

Parent’s Leave and Benefit Act 2019 (No. 35)

Parental Leave Acts 1998 and 2019;

Paternity Leave and Benefit Act 2016 (No. 11)

Planning and Development Act 2000 (No. 30)

Protected Disclosures Act 2014 (No. 14)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Redundancy Payments Acts 1967 to 2014

Regional Technical Colleges Act 1992 (No. 16)

Registration of Title Act 1964 (No. 16)

State Property Act 1954 (No. 25)

Technological Universities Act 2018 (No. 3)

Terms of Employment (Information) Acts 1994 to 2014

Unfair Dismissals Acts 1977 to 2015


Number 26 of 2021


LAND DEVELOPMENT AGENCY ACT 2021

REVISED

Updated to 1 June 2024


An Act to regulate relevant public land in order to increase the amount of land available for the provision of housing so as to address deficiencies in the housing market; for that purpose to provide for the formation of a DAC to be known as the Land Development Agency and confer functions on the Agency to develop and regenerate relevant public land for the delivery of housing and to develop and manage housing on that and other land, including with other persons or bodies; to enable the Agency to provide services to local authorities in order to assist them in the performance of their functions relating to housing; to enable the Agency to form subsidiaries for the purposes of carrying out its functions; to provide for the establishment and maintenance by the Agency of a Register of Relevant Public Land to identify land that can be made available for housing; to provide for acquisition by the Agency of relevant public land, including by means of granting it first refusal on a proposed sale; to provide for the compulsory purchase of land by the Agency; to provide for a requirement that a proportion of dwellings provided on relevant public land and former relevant public land be made available on a cost rental basis, transferred to a planning authority or transferred directly in accordance with Part 2 of the Affordable Housing Act 2021; to amend the Planning and Development Act 2000 to enable the Agency to perform functions of a development agency under Part IX of that Act; to amend the National Treasury Management Agency (Amendment) Act 2014 and the Housing Finance Agency Act 1981; to provide for the revocation of the Land Development Agency (Establishment) Order 2018 (S.I. No. 352 of 2018), the Land Development Agency (Amendment) Order 2018 (S.I. No. 603 of 2018) and the Local Government Services (Corporate Bodies) Act 1971 (Designation of Bodies) Order 2018 (S.I. No. 604 of 2018) and the transfer of functions, assets, liabilities and staff of the body established thereunder to the Land Development Agency; and to provide for related matters.

[21st July, 2021]

Be it enacted by the Oireachtas as follows: