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Revocation or modification of permission by Minister
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150. (1) The Minister may, upon the request of the Minister for Justice, the Minister for Foreign Affairs, the Minister for Defence, or the Minister for Health, and with the approval of the Government, make an order revoking or modifying (whether by extension of its duration or alteration of its terms) a permission, if the first-mentioned Minister is satisfied that—
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(a) the carrying out of the development to which the permission relates is likely to be harmful to—
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(i) the security or defence of the State,
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(ii) the State’s relations with other states, or
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(iii) public health,
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and
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(b) the revocation or modification is necessary in the public interest.
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(2) The Minister may, before making an order under this section, consult with—
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(a) a planning authority in whose functional area any part of the development to which the permission relates is situated or proposed to be situated,
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(b) the person to whom the permission was granted, and
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(c) any other person who, in the opinion of the Minister, is likely to be materially affected by the making of the order,
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but shall not so consult if the Minister considers that to do so would be harmful to the security or defence of the State or to the State’s relations with other states.
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(3) The Minister shall, as soon as practicable after making an order under this section, give a copy of it to—
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(a) the planning authority that granted the permission or, where the permission was granted by the Commission, the Commission, and
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(b) where the permission was granted by the Commission and does not relate to development in the outer maritime area, the planning authority in whose functional area the development to which the permission relates is situated or proposed to be situated.
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(4) The planning authority that granted the permission to which an order under this section relates or, where the permission was granted by the Commission, the Commission, shall, within such period as may be specified in the order, serve—
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(a) a notice on—
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(i) the person to whom the permission was granted, and
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(ii) any other person specified in the order,
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informing him or her of the revocation or modification effected by the order, and
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(b) a notice—
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(i) in the case of development commenced but not completed, on any person carrying out the development to which the permission relates, or on whose behalf the development is being carried out, requiring him or her to cease the development and restore the land or maritime site on which the development is being carried out to the condition it was in before the development commenced, or
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(ii) in the case of development completed, on any person who carried out the development, or on whose behalf the development was carried out, requiring him or her to restore the land or maritime site on which the development was carried out to the condition it was in before the development was commenced.
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(5) A person on whom a notice is served under paragraph (b) of subsection (4) shall comply with the notice.
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(6) A permission to which an order under this section applies shall stand revoked or modified, as the case may be, upon the making of the order.
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(7) Any development carried out in contravention of an order under this section shall be unauthorised development.
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(8) Where the Minister makes an order revoking an order made under subsection (1)—
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(a) the order revoked shall, for all purposes, be deemed never to have been made, and the register shall be amended accordingly,
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(b) the period between the making of the order revoked and the revocation shall not be reckonable for the purpose of calculating the period since the granting of the permission, and
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(c) the Minister shall give notice of the revocation to such persons as he or she considers appropriate.
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(9) The making of an order under this section shall be entered in the register as soon as may be after it is made.
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(10) (a) Proceedings before a court relating to an order made under subparagraph (i) or (ii) of paragraph (a) of subsection (1) shall be heard in private.
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(b) A court before which proceedings relating to an order under subparagraph (i) or (ii) of paragraph (a) of subsection (1) are heard shall take all reasonable precautions to prevent the disclosure—
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(i) to the public, or
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(ii) where the court considers it appropriate, to any party to the proceedings, of any evidence given or document submitted for the purposes of the proceedings, the disclosure of which could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.
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(c) Without prejudice to the generality of paragraph (b), precautions referred to in that paragraph may include—
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(i) the prohibition of the disclosure of such evidence or document as the court may determine, and
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(ii) the hearing, in the absence of any person, including any party to the proceedings, of any evidence or the examination of any witness or document that, in the opinion of the court, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.
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