Derelict Sites Act, 1990

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Interpretation.

2.—(1) In this Act—

“the appropriate Minister” means any Minister of the Government (other than the Minister) who, having regard to the Ministerial functions vested in him, in the opinion of the Minister might be concerned with or interested in the matter in question;

“bond” has the meaning assigned to it by section 25 ;

“derelict site” has the meaning assigned to it by section 3 ;

“derelict sites levy” has the meaning assigned to it by section 23 ;

“derelict sites register” means the register established under section 8 ;

“development objective” means an objective formulated by a planning authority under section 19 of the Local Government (Planning and Development) Act, 1963 ;

“functions” includes powers and duties;

“land” includes any structure and any land covered with water;

“local authority”, except in the definition of statutory body, means the council of a county, the corporation of a county or other borough or the council of an urban district;

“market value” means the value of the relevant urban land assessed in accordance with section 22 ;

“the Minister” means the Minister for the Environment;

“occupier”, in relation to land, includes any person in or entitled to immediate use and enjoyment of the land, any person entitled to occupy the land and any other person having, for the time being, control of the land;

“owner”, other than in section 15 , in relation to land, means a person, other than a mortgagee not in possession, who whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“the register”, other than in section 18 , means the register established under section 8 ;

“registering authority” means a registering authority within the meaning of the Registration of Title Act, 1964 ;

“State authority” has the meaning assigned to it by section 84 of the Local Government (Planning and Development) Act, 1963 ;

“statutory body” means:—

(a) a local authority within the meaning of the Local Government Act, 1941 ,

(b) a harbour authority within the meaning of the Harbours Act, 1946 ,

(c) a health board established under the Health Act, 1970 ,

(d) a vocational education committee within the meaning of the Vocational Education Act, 1930 ,

(e) a board or other body established by or under statute,

(f) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(g) a company in which all the shares are held by a board, company, or other body referred to in paragraph (e) or (f) of this definition;

“structure” means any building, erection, structure, excavation, or other thing, constructed, erected, or made on, in or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situate;

“the Tribunal” means the Valuation Tribunal established under section 2 of the Valuation Act, 1988 ;

“urban area” means a county or other borough, an urban district, a town or an area prescribed by the Minister under section 21 ;

“urban land” means a derelict site in an urban area which has been entered on the register but does not include any occupied dwelling or land owned by a State authority or by the local authority in whose functional area the land is situate or land in relation to which—

(a) a compulsory purchase order (other than a vesting order under this Act) has become operative, or

(b) a development objective exists for the purpose of reserving the land for roads or parking places or for any of the purposes of reserving or preserving land indicated in Part IV of the Third Schedule to the Local Government (Planning and Development) Act, 1963 .

(2) A reference in this Act to a section or Part is a reference to a section or Part of this Act, unless it is indicated that a reference to some other enactment is intended.

(3) A reference in this Act to a subsection is a reference to a subsection of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.