Planning and Development Act, 2000
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Acquisition of land etc. on foreshore. |
227.—(1) The powers of a local authority to compulsorily acquire land under the enactments specified in section 214 (1) shall, where the local authority concerned is a planning authority and for the purposes specified in those enactments, extend to that part of the foreshore that adjoins the functional area of the local authority concerned. | |
(2) The functions of a road authority under sections 49 , 50 and 51 of the Roads Act, 1993 , shall extend to the foreshore adjoining the functional area of the road authority concerned. | ||
(3) The functions transferred to the Board under section 214 shall be performable by the Board in relation to any compulsory acquisition of land to which subsection (1) applies. | ||
(4) The functions transferred to the Board under section 215 shall be performable in relation to any scheme approved under section 49 of the Roads Act, 1993 , relating to the foreshore. | ||
(5) Where a local authority— | ||
(a) applies for approval under section 226 , | ||
(b) in relation to land on the foreshore, submits any matter (howsoever described under the enactment concerned) to the Board in relation to which it falls to the Board to perform functions in respect thereof under an enactment specified in section 214 , or | ||
(c) submits a scheme under section 49 of the Roads Act, 1993 , | ||
it shall send copies of all maps, documents (including any environmental impact statement) and other materials sent to the Board in connection with the application or scheme concerned to the Minister for the Marine and Natural Resources. | ||
(6) The Board shall, before performing any function conferred on it by section 226 or (in respect of land on the foreshore) under an enactment specified in section 214 (1) or referred to in subsection (5), by notice in writing, invite observations in relation to the application or scheme concerned from the Minister for the Marine and Natural Resources within such period is may be specified in the notice being a period of not less than 8 weeks from the date of receipt of the notice. | ||
(7) The Board shall in the performance of the functions referred to in subsection (6) have regard to any observations made pursuant to a notice under that subsection. | ||
(8) The Foreshore Acts, 1933 to 1998, shall not apply in relation to any application to the Board under section 226 , or matters to which subsection (5)(b) applies or a scheme submitted under section 49 of the Roads Act, 1993 . | ||
(9) The Board may, notwithstanding any other enactment, attach such conditions relating to the protection of the marine environment, as it considers appropriate, to— | ||
(a) the confirmation of any compulsory purchase order, or | ||
(b) the approval of any scheme under section 49 of the Roads Act, 1993 , | ||
relating to the foreshore, and the local authority concerned shall comply with any such conditions. | ||
(10) Nothing in the State Property Act, 1954 , shall operate to prevent a local authority compulsorily acquiring land on the foreshore. | ||
(11) This section shall not apply to any application to the Minister for the Marine and Natural Resources for a lease under section 2 of the Foreshore Act, 1933 , or for a licence under section 3 of that Act made before the coming into operation of this section. |