Planning and Development Act, 2000
|
Transfer of Minister's functions in relation to compulsory acquisition of land to Board. |
214.—(1) The functions conferred on the Minister in relation to the compulsory acquisition of land by a local authority under the following enactments are hereby transferred to, and vested in, the Board and any reference in any relevant provision of those Acts to the Minister, or construed to be a reference to the Minister, shall be deemed to be a reference to the Board except that any powers under those enactments to make regulations or to prescribe any matter shall remain with the Minister: | |
Roads Acts, 1993 and 1998; | ||
(2) For the purposes of the compulsory acquisition of land by a local authority the following constructions shall apply: | ||
(a) the references construed to be references to the Minister in section 203 of the Public Health (Ireland) Act, 1878 , shall be construed as referring to the Board and any connected references shall be construed accordingly; | ||
(b) the references to the Minister in section 68 of, and in the Sixth Schedule to, the Local Government Act, 1925 , shall be construed as referring to the Board and any connected references shall be construed accordingly; | ||
(c) the references to the Minister in sections 4, 8, 9 and 10 of, and in the Schedule to, the Water Supplies Act, 1942 , shall be construed as referring to the Board and any connected references shall be construed accordingly; | ||
(d) the references to the Minister, or to the appropriate Minister, in section 10 (as amended by section 86 of the Housing Act, 1966 ) of the Local Government (No. 2) Act, 1960 , shall be construed as referring to the Board and any connected references shall be construed accordingly; | ||
(e) the references to the Minister in sections 7 , 8 , 9 and 16 of the Local Government (Sanitary Services) Act, 1964 , shall be construed as referring to the Board and any connected references shall be construed accordingly; | ||
(f) (i) the references to the Minister, or to the appropriate Minister, in sections 76 , 77 , 78 , 80 and 85 of, and the Third Schedule to, the Housing Act, 1966 , shall be construed as referring to the Board and any connected references shall be construed accordingly; | ||
(ii) section 85 of the Housing Act, 1966 , shall be construed as if subsections (2) and (3) were deleted; | ||
(g) the references to the Minister in sections 16 and 17 of the Derelict Sites Act, 1990 , shall be construed as referring to the Board and any connected references shall be construed accordingly; | ||
(h) the references to the Minister in section 27 (1) of the Dublin Docklands Development Authority Act, 1997 , shall be construed as referring to the Board and any connected references shall be construed accordingly. | ||
(3) The transfer of the Minister's functions to the Board in relation to the compulsory purchase of land in accordance with subsection (1) shall include the transfer of all necessary ancillary powers in relation to substrata, easements, rights over land (including public rights of way), rights of access to land, the revocation or modification of planning permissions or other such functions as may be necessary in order to ensure that the Board can fully carry out its functions in relation to the enactments referred to in subsection (1). | ||
(4) In this section and section 216 , “local authority” includes the Dublin Docklands Development Authority. |