Planning and Development Act 2024
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Penalties for offences | ||
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354. (1) A person who is guilty of a relevant offence shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €15,000,000 or imprisonment for a term not exceeding 5 years or both. | ||
(2) A person convicted of a relevant offence (other than an offence under subsection (9), (10) or (11) of section 350 ) shall, on each day on which the act, omission or contravention of which that offence consists is continued after that person has been so convicted, be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a class C fine or imprisonment for a term not exceeding 6 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €15,000 or imprisonment for a term not exceeding 2 years, or both. | ||
(3) Subject to subsection (1), a person who is guilty of a relevant offence that consists (in whole or in part) of the construction of an unauthorised structure shall be liable— | ||
(a) on summary conviction, to a fine of not less than the estimated cost of the construction of the structure or €2,500, whichever is the lesser, or | ||
(b) on conviction on indictment, to a fine of not less than the estimated cost of the construction of the structure or €15,000, whichever is the lesser, | ||
except where the person can prove on the balance of probabilities that he or she does not have the necessary financial means to pay a fine of that amount. | ||
(4) Any person who is guilty of an offence under this Act other than an offence referred to in subsection (1) or (2) shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both. | ||
(5) A person convicted of an offence under subsection (3) of section 259 , subsection (3) of section 270 or subsection (9) of section 394 shall, on each day on which the act, omission or contravention of which that offence consists is continued after that person’s having been so convicted, be guilty of an offence and shall be liable, on summary conviction, to a class C fine. | ||
(6) Where a person is convicted, on indictment, of an offence under subsection (13) of section 370 , the court by which the person was convicted may, where it is satisfied that the act or omission constituting the offence delayed the conduct of the oral hearing concerned referred to in that subsection, order the person to pay to— | ||
(a) the Commission, | ||
(b) any party to the appeal, referral or application concerned, or | ||
(c) any person who appeared, or who was represented, at the oral hearing, | ||
such an amount as is equal to the amount of any additional costs that is shown to the satisfaction of the court to have been incurred by the Commission, party or person in appearing or being represented at the oral hearing by reason of the commission of the offence. | ||
(7) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, it shall provide by order for the payment of the amount of the fine to the enforcement authority and the payment may be recovered by the enforcement authority as if it were due to it in accordance with an order of a court made in civil proceedings. | ||
(8) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the enforcement authority the costs and expenses (in addition to any costs and expenses otherwise recoverable) incurred in the bringing and prosecuting of the offence measured by the court. | ||
(9) Where costs or expenses are to be paid to the enforcement authority pursuant to subsection (8), they shall include any such costs or expenses reasonably incurred by the enforcement authority in relation to the investigation, detection and prosecution of the offence, including costs incurred in respect of the remuneration and other expenses of members of staff of the enforcement authority and consultants and advisers engaged by the enforcement authority. | ||
(10) An order for costs and expenses under subsection (8) is in addition to and not in substitution for any obligation to pay a fine or other penalty that the court may impose. | ||
(11) In this section “relevant offence” means an offence under— | ||
(a) section 347 or 267 , | ||
(b) subsection (9), (10) or (11) of section 350 , | ||
(c) subsection (5) of section 132 , | ||
(d) subsection (7) of section 133 , | ||
(e) subsection (4) of section 311 , | ||
(f) subsection (1) of section 317 , | ||
(g) subsection (12) or (13) of section 370 , or | ||
(h) subsection (3) of section 478 , or 487 . |