Planning and Development Act 2024

Chapter 3

Planning Register and Records

Planning register

382. (1) Each planning authority and the Maritime Area Regulatory Authority shall maintain a register (in this Act referred to as the “register”)—

(a) in the case of a planning authority, in respect of all land within its functional area, and

(b) in the case of the Maritime Area Regulatory Authority, in respect of the maritime area,

in which it shall enter particulars of a matter required to be entered in the register under this Act (in this section referred to as a “registrable matter”).

(2) Where a registrable matter relates to both land and the maritime area, particulars of the registrable matter—

(a) shall be entered in the register by the planning authority if it relates primarily to land within its functional area,

(b) shall be entered in the register by the Maritime Area Regulatory Authority if it relates primarily to the maritime area, and

(c) notwithstanding paragraphs (a) and (b), may be entered in the register by the Maritime Area Regulatory Authority and the planning authority.

(3) The Minister may prescribe a matter to be a registerable matter and the particulars of any registrable matter that shall be entered in the register.

(4) The register shall incorporate a map to enable a person to trace any entry in the register.

(5) The planning authority or the Maritime Area Regulatory Authority, as the case may be, shall keep the information in the register, including the map, in a form in which it is capable of being used to make a legible copy or reproduction of any entry in the register.

(6) The planning authority or the Maritime Area Regulatory Authority, as the case may be, shall make entries and corrections to the register within 5 working days of—

(a) the receipt by it of a document putting it on notice of the registrable matter, or

(b) where the registerable matter arises from the performance of a function by the planning authority or the Maritime Area Regulatory Authority, the performance by it of the function.

(7) Where a registrable matter arises from the performance of a function by the Commission, the Commission shall, as soon as practicable after the performance of the function, give to the planning authority or the Maritime Area Regulatory Authority, as the case may be, the information necessary to enable the planning authority or the Maritime Area Regulatory Authority to perform its functions under this section.

(8) A failure by a planning authority or the Maritime Area Regulatory Authority to enter particulars of a registrable matter in the register shall not affect the validity of a decision made or act done by the planning authority, the Maritime Area Regulatory Authority, or the Commission.

(9) A planning authority and the Maritime Area Regulatory Authority shall make the register available in accordance with section 384 .

(10) The maintenance, on and after the repeal of section 7 of the Act of 2000 effected by section 6 , by a planning authority of the register kept by that planning authority under the said section 7 shall constitute compliance by that planning authority with subsection (1) of this section, and a reference in this Act to the register shall, in so far as the reference relates to a planning authority, be construed accordingly.

(11) Any information that, but for the repeal of section 7 of the Act of 2000 effected by section 6 , would have been required to be entered in the register kept by a planning authority under that section shall be entered in the register by that planning authority.