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14 1990

DERELICT SITES ACT, 1990

PART I

Preliminary and General

Short title.

1. —This Act may be cited as the Derelict Sites Act, 1990.

Interpretation.

2. —(1) In this Act—

the appropriate Minister” means any Minister of the Government (other than the Minister) who, having regard to the Ministerial functions vested in him, in the opinion of the Minister might be concerned with or interested in the matter in question;

bond” has the meaning assigned to it by section 25 ;

derelict site” has the meaning assigned to it by section 3 ;

derelict sites levy” has the meaning assigned to it by section 23 ;

derelict sites register” means the register established under section 8 ;

development objective” means an objective formulated by a planning authority under section 19 of the Local Government (Planning and Development) Act, 1963 ;

functions” includes powers and duties;

land” includes any structure and any land covered with water;

local authority”, except in the definition of statutory body, means the council of a county, the corporation of a county or other borough or the council of an urban district;

market value” means the value of the relevant urban land assessed in accordance with section 22 ;

the Minister” means the Minister for the Environment;

occupier”, in relation to land, includes any person in or entitled to immediate use and enjoyment of the land, any person entitled to occupy the land and any other person having, for the time being, control of the land;

“owner”, other than in section 15 , in relation to land, means a person, other than a mortgagee not in possession, who whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

prescribed” means prescribed by regulations made by the Minister under this Act;

“the register”, other than in section 18 , means the register established under section 8 ;

registering authority” means a registering authority within the meaning of the Registration of Title Act, 1964 ;

State authority” has the meaning assigned to it by section 84 of the Local Government (Planning and Development) Act, 1963 ;

statutory body” means:—

(a) a local authority within the meaning of the Local Government Act, 1941 ,

(b) a harbour authority within the meaning of the Harbours Act, 1946 ,

(c) a health board established under the Health Act, 1970 ,

(d) a vocational education committee within the meaning of the Vocational Education Act, 1930 ,

(e) a board or other body established by or under statute,

(f) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(g) a company in which all the shares are held by a board, company, or other body referred to in paragraph (e) or (f) of this definition;

structure” means any building, erection, structure, excavation, or other thing, constructed, erected, or made on, in or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situate;

the Tribunal” means the Valuation Tribunal established under section 2 of the Valuation Act, 1988 ;

urban area” means a county or other borough, an urban district, a town or an area prescribed by the Minister under section 21 ;

urban land” means a derelict site in an urban area which has been entered on the register but does not include any occupied dwelling or land owned by a State authority or by the local authority in whose functional area the land is situate or land in relation to which—

(a) a compulsory purchase order (other than a vesting order under this Act) has become operative, or

(b) a development objective exists for the purpose of reserving the land for roads or parking places or for any of the purposes of reserving or preserving land indicated in Part IV of the Third Schedule to the Local Government (Planning and Development) Act, 1963 .

(2) A reference in this Act to a section or Part is a reference to a section or Part of this Act, unless it is indicated that a reference to some other enactment is intended.

(3) A reference in this Act to a subsection is a reference to a subsection of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

Definition of derelict site.

3. —In this section “derelict site” means any land (in this section referred to as “the land in question”) which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of—

(a) the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or

(b) the neglected, unsightly or objectionable condition of the land or any structures on the land in question, or

(c) the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law.

Regulations.

4. —(1) The Minister may make regulations—

(a) for prescribing any matters referred to in this Act as prescribed, and

(b) for the purpose of giving full effect to this Act.

(2) Every regulation made under this Act, other than a regulation referred to in section 23 (4), shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.

Repeal.

5. —(1) The Derelict Sites Act, 1961 , is hereby repealed.

(2) Notwithstanding subsection (1), and without prejudice to the generality of section 21 of the Interpretation Act, 1937 , the repeal of the Derelict Sites Act, 1961 , shall not affect—

(a) the exercise of any power under section 2, 3, 4, 6, 9, 12, 14, 15, 16 or 18 of that Act, or

(b) any right accruing to a person under section 5, 8, 9, 11 or 13 of that Act,

in respect of any procedure or anything commenced before the coming into operation of this Act.

Service of notices, etc.

6. —(1) Any notice required to be given or served on a person under this Act shall be addressed to the person concerned and shall be given or served on him in one of the following ways:—

(a) where it is addressed to him by name, by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter, addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry, by delivering it to some person over sixteen years of age resident in or employed on the land to which the notice relates or by affixing it in a conspicuous position on or near such land.

(2) Where the name of the owner or of the occupier (as the case may be) cannot be ascertained by reasonable inquiry, a notice may be addressed to “the owner” or “the occupier” (as the case may require) without naming him.

(3) For the purposes of this section, a company within the meaning of the Companies Acts, 1963 to 1986, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) A person shall not at any time during the period of one month after a notice is affixed under subsection (1) (d) remove, damage or deface the notice without lawful authorisation.

Expenses.

7. —(1) The expenses incurred by the Minister in the administration of this Act, shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) Expenses under this Act of a local authority who are the council of a county shall be charged on the county (exclusive of every borough and urban district therein).