Planning and Development Act 2024
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State authority development emergency order | ||
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155. (1) The Minister concerned may by order provide that permission is not required for a specified State authority development or State authority development of such class as is specified in the order, where he or she is satisfied that— | ||
(a) the carrying out of such development or development of such class is required by reason of an accident or emergency, and | ||
(b) such development or development of such class does not require appropriate assessment or environmental impact assessment, | ||
(and such development or development of such class is in this Part referred to as “Chapter 6 State authority emergency development”). | ||
(2) An order under subsection (1) may include a provision requiring compliance with sections 158 and 160 before the carrying out of any development to which the order applies. | ||
(3) Where the Minister concerned is satisfied that the carrying out of a State authority development requiring appropriate assessment or environmental impact assessment is required by reason of an accident or emergency, the Minister concerned may by order provide that any application for permission for that State authority development (in this Part referred to as “Chapter 4 State authority emergency development”) shall be made to the Commission under Chapter 4. | ||
(4) Where a Minister of the Government other than the Minister is the Minister concerned, the Minister concerned shall, before making an order under subsection (1), inform the Minister of his or her intention to make such order and provide the Minister with a draft of the order. | ||
(5) Where the Minister concerned is of the opinion that the making of an order under subsection (1) would affect the exercise by another State authority of the functions of that State authority, the Minister concerned shall, before making the order, inform that State authority of his or her intention to make the order and provide to the State authority a draft of the order. | ||
(6) The Minister concerned shall, in such manner as may be prescribed, give notice of the making of an order under subsection (1)— | ||
(a) where a person was informed of the intention of the Minister concerned to make the order in accordance with subsection (4) or (5), to such person, and | ||
(b) to such other persons as may be prescribed. | ||
(7) The Minister concerned may, where he or she considers it appropriate to do so, revoke an order under subsection (1). | ||
(8) In this section— | ||
“Minister concerned” means— | ||
(a) in relation to State authority development proposed to be carried out by, on behalf of, or jointly with, a Minister of the Government, that Minister of the Government, | ||
(b) in relation to State authority development proposed to be carried out by, on behalf of, a statutory undertaker, the Minister of the Government who is required to authorise the carrying out of development by that statutory undertaker, or | ||
(c) in relation to any other proposed State authority development, the Minister for Public Expenditure, National Development Plan Delivery and Reform; | ||
“State authority” includes a statutory undertaker. |