PART XVIII

Miscellaneous

Consultations in relation to proposed development.

247. —(1) A person who has an interest in land and who intends to make a planning application may, with the agreement of the planning authority concerned (which shall not be unreasonably withheld), enter into consultations with the planning authority in order to discuss any proposed development in relation to the land and the planning authority may give advice to that person regarding the proposed application.

(2) In any consultations under subsection (1), the planning authority shall advise the person concerned of the procedures involved in considering a planning application, including any requirements of the permission regulations, and shall, as far as possible, indicate the relevant objectives of the development plan which may have a bearing on the decision of the planning authority.

(3) The carrying out of consultations shall not prejudice the performance by a planning authority of any other of its functions under this Act, or any regulations made under this Act and cannot be relied upon in the formal planning process or in legal proceedings.

(4) (a) In order to satisfy the requirements of this section, a planning authority may specify that consultations may be held at particular times and at particular locations and the authority shall not be obliged to enter into consultations otherwise than as specified by it.

(b) Where a planning authority decides to hold consultations in accordance with paragraph (a) it shall, at least once in each year, publish notice of the times and locations at which consultations are held in one or more newspapers circulating in the area of the authority.

(5) The planning authority shall keep a record in writing of any consultations under this section that relate to a proposed development, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any planning application in respect of the proposed development relates.

(6) A member or official of a planning authority is guilty of an offence if he or she takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with any consultation entered into or any advice given under this section.

Information to be provided in electronic form.

248. —(1) Subject to subsection (2), any document or other information that is required or permitted to be given in writing under this Act or any regulations made under this Act by the Minister, the planning authority, the Board or any other person, may be given in electronic form.

(2) A document or information referred to in subsection (1) may be given in electronic form only—

(a) if at the time it was given it was reasonable to expect that it would be readily accessible to the planning authority, Board or other person to whom it was directed, for subsequent reference or use,

(b) where such document or information is required or permitted to be given to a planning authority or the Board and the planning authority or the Board consents to the giving of the information in that form, but requires—

(i) the information to be given in accordance with particular information technology and procedural requirements, or

(ii) that a particular action be taken by way of verifying the receipt of the information,

if the requirements of the planning authority or the Board have been met and those requirements have been made public and are objective, transparent, proportionate and non-discriminatory, and

(c) where such document or such information is required or permitted to be given to a person who is neither a planning authority nor the Board, if the person to whom the document or other information is required or permitted to be given consents to the information being given in that form.

(3) A document or information that the planning authority or the Board is required or permitted to retain or to produce, whether for a particular period or otherwise, and whether in its original form or otherwise, may be so retained or produced, as the case may be, in electronic form.

(4) Subsections (1), (2) and (3) are without prejudice to any other law requiring or permitting documents or other information to be given, retained or produced, as the case may be, in accordance with specified procedural requirements or particular information technology.

(5) The Minister may make regulations providing for or requiring the use of particular information technology or other procedural requirements in relation to the giving, retaining or production of a specified class or classes of documents or other information in electronic form.

(6) Without prejudice to the generality of subsection (5), the regulations may apply to a particular class or classes of documents or other information, or for a particular period.

(7) This section applies to a requirement or permission to give documents or other information whether the word “give”, “make”, “make available”, “submit”, “produce” or similar word or expression is used.

(8) (a) This section is without prejudice to the requirements under section 250 in relation to the service or giving of a notice or copy of an order unless prescribed in regulations made under paragraph (b).

(b) The Minister may by regulation extend the application of this section to the service or giving of a notice or copy of an order under section 250 , where the Minister is of the opinion that the public interest would not be prejudiced by so doing and the section as so extended shall apply accordingly.

(9) In this section—

“documents or other information” includes but is not limited to—

(a) a development plan or any draft or variation of it,

(b) an application for permission or any other document specified in section 38 (1),

(c) any map, plan or other drawing, and

(d) written submissions or observations;

“electronic form” means information that is generated, communicated, processed, sent, received, recorded, stored or displayed by electronic means and is capable of being used to make a legible copy or reproduction of that communicated information but does not include information communicated in the form of speech and such electronic means includes electrical, digital, magnetic, optical, electro-magnetic, biometric, photonic and any other form of related technology.

Additional requirements for public notification.

249. —(1) Where any provision of this Act requires notice to be given in one or more newspapers circulating in the area of a planning authority, the planning authority may, in addition to the requirements of the particular provision and to the extent they consider appropriate, give the notice or draw the attention of the public to the notice through other forms of media including the broadcast media and the use of electronic forms for the provision of information.

(2) Where any provision of this Act requires notice to be given to any person who has made representations, submissions or observations to a planning authority, the planning authority may dispense with that requirement where—

(a) a large number of representations, submissions or observations are made to the planning authority as part of an organised campaign, or

(b) it is not possible to readily ascertain with certainty the full name and address of those persons who made the representations, submissions or observations,

provided that the authority uses some other means of giving notice to the public that the authority is satisfied can adequately draw the attention of the public to that notice including, in the case of an organised campaign referred to in paragraph (a), giving notice to any person who, in the opinion of the planning authority, organised the campaign.

Service of notices, etc.

250. —(1) Where a notice or copy of an order is required or authorised by this Act or any order or regulation made thereunder to be served on or given to a person, it shall be addressed to him or her and shall be served on or given to him or her in one of the following ways—

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

(b) by leaving it at the address at which he or she 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 or her at the address at which he or she 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 or she ordinarily resides cannot be ascertained by reasonable inquiry and the notice or copy is so required or authorised to be given or served in respect of any land or premises, by delivering it to some person over the age of 16 years resident or employed on the land or premises or by affixing it in a conspicuous place on or near the land or premises;

(e) in addition to the methods of service provided for in paragraphs (a), (b), (c) and (d), by delivering it (in the case of an enforcement notice) to some person over the age of 16 years who is employed, or otherwise engaged, in connection with the carrying out of the development to which the notice relates, or by affixing it in a conspicuous place on the land or premises concerned.

(2) Where a notice or copy of an order is required by this Act or any order or regulation made under this Act to be served on or given to the owner or to the occupier of any land or premises and the name of the owner or of the occupier cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him or her.

(3) For the purposes of this section, a company registered under the Companies Acts, 1963 to 1999, 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) Where a notice or copy of an order is served on or given to a person by affixing it under subsection (1)(d), a copy of the notice or order shall, within two weeks thereafter, be published in at least one newspaper circulating in the area in which the person is last known to have resided.

(5) A person who, at any time during the period of 12 weeks after a notice is affixed under subsection (1)(d), removes, damages or defaces the notice without lawful authority shall be guilty of an offence.

(6) A person who, without lawful authority, removes, damages or defaces a notice required to be erected at the site of a development under the permission regulations or by the Board under section 142 (4), shall be guilty of an offence.

(7) Where the Minister or the Board is satisfied that reasonable grounds exist for dispensing with the serving or giving under this Act or under any order or regulation made under this Act of a notice or copy of an order and that dispensing with the serving or giving of the notice or copy will not cause injury or wrong, the Minister or the Board may dispense with the serving or giving of the notice or copy and every such dispensation shall have effect according to the tenor thereof.

(8) A dispensation under subsection (7) may be given either before or after the time when the notice or copy would, but for the dispensation, be required to be served or given and either before or after the doing of any act to which the notice or copy would, but for the dispensation, be a condition precedent.

(9) In this section, “notice” includes a warning letter.

Calculation of appropriate period and other time limits over holidays.

251. —(1) Where calculating any appropriate period or other time limit referred to in this Act or in any regulations made under this Act, the period between the 24th day of December and the first day of January, both days inclusive, shall be disregarded.

(2) Subsection (1) shall not apply to any time period specified in Part II of this Act.

Power of authorised person to enter on land.

252. —(1) An authorised person may, subject to the other provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m., or during business hours in respect of a premises which is normally open outside those hours, for any purpose connected with this Act.

(2) An authorised person entering on land under this section may do all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, carry out inspections, make plans, take photographs, take levels, make excavations, and examine the depth and nature of the subsoil.

(3) Before an authorised person enters under this section on any land, the appropriate authority shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier, as the case may be, not less than 14 days' notice in writing of the intention to make the entry.

(4) A person to whom a notice of intention to enter on land has been given under this section by the appropriate authority may, not later than 14 days after the giving of the notice, apply, on notice to the authority, to the judge of the District Court having jurisdiction in the district court district in which the land or part of the land is situated for an order prohibiting the entry, and, upon the hearing of the application, the judge may either wholly prohibit the entry or specify conditions to be observed by the person making the entry.

(5) Where a judge of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a judge of the District Court specifies conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.

(6) (a) Where (in the case of occupied land) the occupier or (in the case of unoccupied land) the owner refuses to permit the exercise of a power conferred by this section on an authorised person, the appropriate authority may apply to the District Court to approve of the entry.

(b) An application under this subsection shall be made, on notice to the person who refused to permit the exercise of the power of entry, to the judge of the District Court having jurisdiction in the district court district in which the land or part of the land is situated.

(7) Subsections (3), (4) and (5) shall not apply to entry for the purposes of Part III and, in a case in which any such entry is proposed, if the occupier (in the case of occupied land) or the owner (in the case of unoccupied land) refuses to permit the entry—

(a) the entry shall not be effected unless it has been authorised by an order of the judge of the District Court having jurisdiction in the district court district in which the land or part of the land is situate and, in the case of occupied land, until after at least 24 hours' notice of the intended entry, and of the object thereof, has been given to the occupier,

(b) an application for such an order shall be made on notice (in the case of occupied land) to the occupier or (in the case of unoccupied land) to the owner.

(8) An authorised person may, in the exercise of any power conferred on him or her by this Act, where he or she anticipates any obstruction in the exercise of any other power conferred on him or her by or under this Act, request a member of the Garda Síochána to assist him or her in the exercise of such a power and any member of the Garda Síochána of whom he or she makes such a request shall comply therewith.

(9) Every person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by this section shall be guilty of an offence.

(10) Every authorised person shall be furnished with a certificate of his or her appointment and when exercising any power conferred on him or her by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate to that person.

(11) In this section and section 253 —

“appropriate authority” means—

(a) in a case in which the authorised person was appointed by a local authority — that authority,

(b) in a case in which the authorised person was appointed by the Minister — the Minister, and

(c) in a case in which the authorised person was appointed by the Board — the Board;

“authorised person” means a member of the Board or a person who is appointed by a local authority, the Minister or the Board to be an authorised person for the purposes of this section and section 253 .

Powers of entry in relation to enforcement.

253. —(1) Notwithstanding section 252 , an authorised person may, for any purpose connected with Part VIII, at all reasonable times, or at any time if he or she has reasonable grounds for believing that an unauthorised development has been, is being or is likely to be carried out, enter any premises and bring thereon such other persons (including members of the Garda Síochána) or equipment as he or she may consider necessary for the purpose.

(2) Subject to subsection (4), an authorised person shall not, other than with the consent of the occupier, enter into a private house under subsection (1) unless he or she has given to the occupier of the house not less than 24 hours' notice in writing of his or her intended entry.

(3) Whenever an authorised person enters any premises pursuant to subsection (1), the authorised person may exercise the powers set out in section 252 (2) and, as appropriate, in addition—

(a) require from an occupier of the premises or any person employed on the premises or any other person on the premises, such information, or

(b) require the production of and inspect such records and documents, and take copies of or extracts from, or take away, if it is considered necessary for the purposes of inspection or examination, any such records or documents,

as the authorised person, having regard to all the circumstances, considers necessary for the purposes of exercising any power conferred on him or her by or under this Act.

(4) (a) Where an authorised person in the exercise of his or her powers under subsection (1) is prevented from entering any premises or has reason to believe that evidence related to a suspected offence under this Act may be present in any premises and that the evidence may be removed therefrom or destroyed or that any particular structure may be damaged or destroyed, the authorised person or the person by whom he or she was appointed may apply to a judge of the District Court for a warrant under this subsection authorising the entry by the authorised person in the premises.

(b) If on application being made to him or her under this subsection, a judge of the District Court is satisfied, on the sworn information of the applicant, that the authorised person concerned has been prevented from entering a premises or that the authorised person has reasonable grounds for believing the other matters referred to in paragraph (a), the judge may issue a warrant under his or her hand authorising that person, accompanied, if the judge considers it appropriate so to provide, by such number of members of the Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of the issue of the warrant, on production, if so requested, of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in subsection (3).

Licensing of appliances and cables, etc., on public roads.

254. —(1) Subject to subsection (2), a person shall not erect, construct, place or maintain—

(a) a vending machine,

(b) a town or landscape map for indicating directions or places,

(c) a hoarding, fence or scaffold,

(d) an advertisement structure,

(e) a cable, wire or pipeline,

(f) a telephone kiosk or pedestal, or

(g) any other appliance, apparatus or structure, which may be prescribed as requiring a licence under this section,

on, under, over or along a public road save in accordance with a licence granted by a planning authority under this section.

(2) This section shall not apply to the following—

(a) an appliance, apparatus or structure which is authorised in accordance with a planning permission granted under Part III;

(b) a temporary hoarding, fence or scaffold erected in accordance with a condition of planning permission granted under Part III;

(c) the erection, construction, placing or maintenance under a public road of a cable, wire or pipeline by a statutory undertaker.

(3) A person applying for a licence under this section shall furnish to the planning authority such plans and other information concerning the position, design and capacity of the appliance, apparatus or structure as the authority may require.

(4) A licence may be granted under this section by the planning authority for such period and upon such conditions as the authority may specify, including conditions in relation to location and design, and where in the opinion of the planning authority by reason of the increase or alteration of traffic on the road or of the widening of the road or of any improvement of or relating to the road, the appliance, apparatus or structure causes an obstruction or becomes dangerous, the authority may by notice in writing withdraw the licence and require the licensee to remove the appliance, apparatus or structure at his or her own expense.

(5) In considering an application for a licence under this section a planning authority, or the Board on appeal, shall have regard to—

(a) the proper planning and sustainable development of the area,

(b) any relevant provisions of the development plan, or a local area plan,

(c) the number and location of existing appliances, apparatuses or structures on, under, over or along the public road, and

(d) the convenience and safety of road users including pedestrians.

(6) (a) Any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under this section or to the conditions specified by the planning authority for such a licence, appeal to the Board.

(b) Where an appeal under this section is allowed, the Board shall give such directions with respect to the withdrawing, granting or altering of a licence under this section as may be appropriate, and the planning authority shall comply therewith.

(7) Development carried out in accordance with a licence under this section shall be exempted development for the purposes of this Act.

(8) A person shall not be entitled solely by reason of a licence under this section to erect, construct, place or maintain on, under, over or along a public road any appliance, apparatus or structure.

(9) Subject to subsection (10), any person who—

(a) erects, constructs, places or maintains an appliance, apparatus or structure referred to in subsection (1) on, under, over or along any public road without having a licence under this section to do so,

(b) erects, constructs, places or maintains such an appliance, apparatus or structure on, under, over or along any public road otherwise than in accordance with a licence under this section, or

(c) contravenes any condition subject to which a licence has been granted to him or her under this section,

shall be guilty of an offence.

(10) (a) A planning authority may, by virtue of this subsection, itself erect, construct, place or maintain, on, under, over or along a public road any appliance, apparatus or structure referred to in subsection (1), and it shall not be necessary for the planning authority to have a licence under this section.

(b) Nothing in this subsection shall be construed as empowering a planning authority to hinder the reasonable use of a public road by the public or any person entitled to use it or as empowering a planning authority to create a nuisance to the owner or occupier of premises adjacent to the public road.

(11) Where a planning authority is not the road authority for the purposes of national or regional roads in its area, it shall not grant a licence under this section in respect of any appliance, apparatus or structure on, under, over or along a national or regional road or erect, construct or place any appliance, apparatus or structure on, under, over or along a national or regional road except after consultation with the authority which is the road authority for those purposes.

Performance of functions by planning authorities.

255. —(1) A planning authority shall supply the Minister with such information relating to the performance of its functions as he or she may from time to time request.

(2) (a) A planning authority shall conduct, at such intervals as it thinks fit or the Minister directs, reviews of its organisation and of the systems and procedures used by it in relation to its functions under this Act.

(b) Where the Minister gives a direction under this subsection, the planning authority shall report to the Minister the results of the review conducted pursuant to the direction and shall comply with any directive which the Minister may, after consultation with the planning authority as regards those results, give in relation to all or any of the matters which were the subject of the review.

(3) The Minister may appoint a person or body, not being the planning authority concerned, to carry out a review in accordance with subsection (2).

(4) Without prejudice to the powers of the Minister under the Local Government Act, 1941 , if the Minister has formed the opinion from information available to him or her that—

(a) a planning authority may not be carrying out its functions in accordance with the requirements of or under this Act,

(b) a planning authority is not in compliance with guidelines issued under section 28 , a directive issued under section 29 , or a direction issued under section 31 ,

(c) there may be impropriety in the conduct of any of its functions by a planning authority, or

(d) there are serious diseconomies or inefficiencies in the conduct of its functions by a planning authority,

he or she may, where he or she considers it necessary or appropriate, for stated reasons appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority under this Act and in doing so may distinguish between reserved functions and other functions.

(5) In considering whether it is necessary or expedient to appoint a commissioner under this section, the Minister may have regard to any loss of public confidence in the carrying out of its functions by the planning authority and the need to restore that confidence.

(6) A commissioner appointed under this section shall be appointed in accordance with such terms and conditions and for such period as may be specified by the Minister.

(7) A planning authority may on stated grounds based on the provisions of subsection (4), by resolution, request the Minister to appoint a commissioner to carry out all or any of the functions of the authority under this Act and the Minister shall have regard to any such request.

(8) It shall be the duty of every member and every official of a planning authority to co-operate with any commissioner appointed under this section.

Amendment of Environmental Protection Agency Act, 1992.

256. —The Environmental Protection Agency Act, 1992 , is hereby amended in section 98—

(a) by the substitution for subsection (1) of the following subsections—

“(1) Notwithstanding section 34 of the Planning and Development Act, 2000, or any other provision of that Act, where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 of that Act in respect of any development comprising the activity or for the purposes of the activity, subject the permission to conditions which are for the purposes of—

(a) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or

(b) controlling emissions related to or following the cessation of the operation of the activity.

(1A) Where a licence or revised licence under this Part has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála may, in respect of any development comprising the activity or for the purposes of the activity, decide to refuse a grant of permission under section 34 of the Planning and Development Act, 2000, where the authority or An Bord Pleanála considers that the development, notwithstanding the licensing of the activity under this Part, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development is or will be situate.

(1B) (a) Before making a decision in respect of a development comprising or for the purposes of an activity, a planning authority or An Bord Pleanála may request the Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the authority or the Board in relation to the development, including in relation to any environmental impact statement submitted.

(b) When making its decision, the authority or An Bord Pleanála, as the case may be, shall have regard to the observations, if any, received from the Agency within the period specified under paragraph (a).

(1C) The planning authority or An Bord Pleanála may, at any time after the expiration of the period specified by the authority or An Bord Pleanála under subsection (1B)(a) for making observations, make its decision on the application or appeal.

(1D) The Minister may make regulations making such incidental, consequential, or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of this section.

(1E) Without prejudice to the generality of subsection (1D), regulations made under this section may provide for matters of procedure in relation to the request for or the making of observations from or by the Agency under this section and related matters.

(1F) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under this Act.”,

and

(b) in subsection (3)(a), by the substitution for “Part IV of the Act of 1963” of “ section 34 of the Planning and Development Act, 2000”.

Amendment of Waste Management Act, 1996.

257. —The Waste Management Act, 1996 , is hereby amended in section 54—

(a) by the substitution for subsection (3) of the following subsections:

“(3) Notwithstanding section 34 of the Planning and Development Act, 2000, or any other provision of that Act, where a waste licence has been granted or is or will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 of that Act in respect of any development comprising the activity or for the purposes of the activity, subject the permission to conditions which are for the purposes of—

(a) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or

(b) controlling emissions related to or following the cessation of the operation of the activity.

(3A) Where a waste licence has been granted under this Part or is or will be required in relation to an activity, a planning authority or An Bord Pleanála may, in respect of any development comprising the activity or for the purposes of the activity, decide to refuse a grant of permission under section 34 of the Planning and Development Act, 2000, where the authority or An Bord Pleanála considers that the development, notwithstanding the licensing of the activity under this Part, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development is or will be situate.

(3B) (a) Before making a decision in respect of a development comprising or for the purposes of an activity, a planning authority or An Bord Pleanála may request the Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the authority or the Board in relation to the development, including in relation to any environmental impact statement submitted.

(b) When making its decision, the authority or An Bord Pleanála, as the case may be, shall have regard to the observations, if any, received from the Agency within the period specified under paragraph (a).

(3C) The planning authority or An Bord Pleanála may, at any time after the expiration of the period specified by the authority or An Bord Pleanála under subsection (3B)(a) for making observations, make its decision on the application or appeal.

(3D) The Minister may make regulations making such incidental, consequential, or supplementary provision as may appear to him or her to be necessary or proper to give full effect to any of the provisions of this section.

(3E) Without prejudice to the generality of subsection (3D), regulations made under this section may provide for matters of procedure in relation to the request for or the making of observations from or by the Agency under this section and related matters.

(3F) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under this Act.”,

(b) in subsection (4), by the substitution for “Part IV of the Act of 1963” of “ section 34 of the Planning and Development Act, 2000” in each place it occurs, and

(c) in subsection (5), by the substitution for “the Local Government (Planning and Development) Acts, 1963 to 1993, and a condition attached to a permission granted under Part IV of the Act of 1963” of “the Planning and Development Act, 2000, and a condition attached to a permission under section 34 of that Act”.

Limitation on connection to sanitary authority sewers.

258. —(1) This section shall apply to any structure which is constructed, erected or made on or after the 10th day of June, 1990, or which is not connected to a sewer of a sanitary authority.

(2) Section 27 of the Public Health (Ireland) Act, 1878, shall not apply in relation to a structure to which this section applies.

(3) Notwithstanding section 23 of the Public Health (Ireland) Act, 1878, or any other enactment, the owner or occupier of a structure to which this section applies shall not be entitled to connect his or her drains to any sewer of the sanitary authority in whose functional area the structure is situated except with the consent of the sanitary authority, which may be given subject to such conditions as the sanitary authority considers reasonable.

(4) Any person who connects a drain or causes it to be connected to a sewer of a sanitary authority in contravention of subsection (3) shall be guilty of an offence.

(5) The sanitary authority may close any connection between a drain and sewer made in contravention of subsection (3) and may recover from the person who made the connection or who caused the connection to be made any expenses incurred by the authority under this subsection and in default of the expenses being paid to the authority, they shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(6) Where a notice under section 8(1) of the Local Government (Sanitary Services) Act, 1962 , takes effect in relation to any premises, a consent of the sanitary authority by whom the notice has been served shall not be required under subsection (3) of this section for the connection of the structure to the appropriate sewer of the sanitary authority.

(7) Unless otherwise indicated, the grant of a permission under Part III in relation to a structure to which this section applies shall be taken to include the consent of the sanitary authority under subsection (3) to the connection of that structure to the appropriate sewer of the sanitary authority.

(8) In considering whether to give consent under subsection (3), a sanitary authority shall be entitled to have regard to the constraints described at paragraph 1 of the Fourth Schedule in so far as these may apply to the provision of sewerage facilities by them.

(9) In this section, “drain”, “sanitary authority” and “sewer” have the meanings assigned to them in the Local Government (Sanitary Services) Acts, 1878 to 1995.

Limitation of section 53 of the Waterworks Clauses Act, 1847.

259. —(1) Section 53 of the Waterworks Clauses Act, 1847, and any other enactment which confers a right to a supply of water for domestic purposes, shall not apply in relation to a house which is an unauthorised structure or the use of which constitutes an unauthorised use.

(2) Nothing in this section shall restrict the operation of section 8(2) of the Local Government (Sanitary Services) Act, 1962 .

Saving for national monuments.

260. —Nothing in this Act shall restrict, prejudice, or affect the functions of the Minister for Arts, Heritage, Gaeltacht and the Islands under the National Monuments Acts, 1930 to 1994, in relation to national monuments as defined by those Acts or any particular monuments.

Control of quarries.

261. —(1) The owner or operator of a quarry to which this section applies shall, not later than one year from the coming into operation of this section, provide to the planning authority, in whose functional area the quarry is situated, information relating to the operation of the quarry at the commencement of this section, and on receipt of such information the planning authority shall, in accordance with section 7 , enter it in the register.

(2) Without prejudice to the generality of subsection (1), information provided under that subsection shall specify the following—

(a) the area of the quarry, including the extracted area delineated on a map,

(b) the material being extracted and processed (if at all),

(c) the date when quarrying operations commenced on the land (where known),

(d) the hours of the day during which the quarry is in operation,

(e) the traffic generated by the operation of the quarry including the type and frequency of vehicles entering and leaving the quarry,

(f) the levels of noise and dust generated by the operations in the quarry,

(g) any material changes in the particulars referred to in paragraphs (a) to (f) during the period commencing on the commencement of this section and the date on which the information is provided,

(h) whether—

(i) planning permission under Part IV of the Act of 1963 was granted in respect of the quarry and if so, the conditions, if any, to which the permission is subject, or

(ii) the operation of the quarry commenced before 1 October 1964,

and

(i) such other matters in relation to the operations of the quarry as may be prescribed.

(3) A planning authority may require a person who has submitted information in accordance with this section to submit such further information as it may specify, within such period as it may specify, relating to the operation of the quarry concerned and, on receipt thereof, the planning authority shall enter the information in the register.

(4) (a) A planning authority shall, not later than 6 months from the registration of a quarry in accordance with this section, publish notice of the registration in one or more newspapers circulating in the area within which the quarry is situated.

(b) A notice under paragraph (a) shall state—

(i) that the quarry has been registered in accordance with this section,

(ii) where planning permission has been granted in respect of the quarry, that it has been so granted and whether the planning authority is considering restating, modifying or adding to conditions attached to the planning permission in accordance with subsection (6)(a)(ii), or

(iii) where planning permission has not been granted in respect of the quarry, that it has not been so granted and whether the planning authority is considering—

(I) imposing conditions on the operation of the quarry in accordance with subsection (6)(a)(i), or

(II) requiring the making of a planning application and the preparation of an environmental impact statement in respect of the quarry in accordance with subsection (7),

(iv) the place or places and times at which the register may be inspected,

(v) that submissions or observations regarding the operation of the quarry may be made to the planning authority within 4 weeks from the date of publication of the notice.

(c) A notice under this subsection may relate to one or more quarries registered in accordance with this section.

(5) (a) Where a planning authority proposes to—

(i) impose, restate, modify or add to conditions on the operation of the quarry under this section, or

(ii) require, under subsection (7), a planning application to be made and an environmental impact statement to be submitted in respect of the quarry in accordance with this section,

it shall, as soon as may be after the expiration of the period for making observations or submissions pursuant to a notice under subsection (4)(b), serve notice of its proposals on the owner or operator of the quarry.

(b) A notice referred to in paragraph (a), shall state—

(i) the reasons for the proposals, and

(ii) that submissions or observations regarding the proposals may be made by the owner or operator of the quarry to the planning authority within such period as may be specified in the notice, being not less than 6 weeks from the service of the notice.

(c) Submissions or observations made pursuant to a notice under paragraph (b) shall be taken into consideration by a planning authority when performing its functions under subsection (6) or (7).

(6) (a) Not later than 2 years from the registration of a quarry under this section, a planning authority may, in the interests of proper planning and sustainable development, and having regard to the development plan and submissions or observations (if any) made pursuant to a notice under subsection (4) or (5)—

(i) in relation to a quarry which commenced operation before 1 October 1964, impose conditions on the operation of that quarry, or

(ii) in relation to a quarry in respect of which planning permission was granted under Part IV of the Act of 1963 restate, modify or add to conditions imposed on the operation of that quarry,

and the owner and operator of the quarry concerned shall as soon as may be thereafter be notified in writing thereof.

(b) Where, in relation to a grant of planning permission conditions have been restated, modified or added in accordance with paragraph (a), the planning permission shall be deemed, for the purposes of this Act, to have been granted under section 34 , and any condition so restated, modified or added shall have effect as if imposed under section 34 .

(c) Notwithstanding paragraph (a), where an integrated pollution control licence has been granted in relation to a quarry, a planning authority or the Board on appeal shall not restate, modify, add to or impose conditions under this subsection relating to—

(i) the control (including the prevention, limitation, elimination, abatement or reduction) of emissions from the quarry, or

(ii) the control of emissions related to or following the cessation of the operation of the quarry.

(7) (a) Where the continued operation of a quarry—

(i)    (I) the extracted area of which is greater than 5 hectares, or

(II) that is situated on a European site or any other area prescribed for the purpose of section 10 (2)(c), or land to which an order under section 15, 16 or 17 of the Wildlife Act, 1976 , applies,

and

(ii) that commenced operation before 1 October 1964,

would be likely to have significant effects on the environment (having regard to any selection criteria prescribed by the Minister under section 176 (2)(e)), a planning authority shall not impose conditions on the operation of a quarry under subsection (6), but shall, not later than one year after the date of the registration of the quarry, require, by notice in writing, the owner or operator of the quarry to apply for planning permission and to submit an environmental impact statement to the planning authority not later than 6 months from the date of service of the notice, or such other period as may be agreed with the planning authority.

(b) Section 172 (1) shall not apply to development to which an application made pursuant to a requirement under paragraph (a) applies.

(c) A planning authority, or the Board on appeal, shall, in considering an application for planning permission made pursuant to a requirement under paragraph (a), have regard to the existing use of the land as a quarry.

(8) (a) Where, in relation to a quarry for which permission was granted under Part IV of the Act of 1963, a planning authority adds or modifies conditions under this section that are more restrictive than existing conditions imposed in relation to that permission, the owner or operator of the quarry may claim compensation under section 197 and references in that section to compliance with conditions on the continuance of any use of land consequent upon a notice under section 46 shall be construed as including references to compliance with conditions so added or modified, save that no such claim may be made in respect of any condition relating to a matter specified in paragraph (a), (b) or (c) of section 34 (4), or in respect of a condition relating to the prevention, limitation or control of emissions from the quarry, or the reinstatement of land on which the quarry is situated.

(b) Where, in relation to a quarry to which subsection (7) applies, a planning authority, or the Board on appeal, refuses permission for development under section 34 or grants permission thereunder subject to conditions on the operation of the quarry, the owner or operator of the quarry shall be entitled to claim compensation under section 197 and for that purpose the reference in subsection (1) of that section to a notice under section 46 shall be construed as a reference to a decision under section 34 and the reference in section 197 (2) to section 46 shall be construed as a reference to section 34 save that no such claim may be made in respect of any condition relating to a matter specified in paragraph (a), (b) or (c) of section 34 (4), or in respect of a condition relating to the prevention, limitation or control of emissions from the quarry, or the reinstatement of land on which the quarry is situated.

(9) (a) A person who provides information to a planning authority in accordance with subsection (1) or in compliance with a requirement under subsection (3) may appeal a decision of the planning authority to impose, restate, add to or modify conditions in accordance with subsection (6) to the Board within 4 weeks from the date of receipt of notification by the authority of those conditions.

(b) The Board may at the determination of an appeal under paragraph (a) confirm with or without modifications the decision of the planning authority or annul that decision.

(10) (a) A quarry to which this section applies in respect of which the owner or operator fails to provide information in relation to the operations of the quarry in accordance with subsection (1) or in accordance with a requirement under subsection (3) shall be unauthorised development.

(b) Any quarry in respect of which a notification under subsection (7) applies shall, unless a planning application in respect of the quarry is submitted to the planning authority within the period referred to in that subsection, be unauthorised development.

(11) This section shall apply to—

(a) a quarry in respect of which planning permission under Part IV of the Act of 1963 was granted more than 5 years before the coming into operation of this section, and

(b) any other quarry in operation on or after the coming into operation of this section, being a quarry in respect of which planning permission was not granted under that Part.

(12) The Minister may issue guidelines to planning authorities regarding the performance of their functions under this section and a planning authority shall have regard to any such guidelines.

(13) In this section—

“emission” means—

(a) an emission into the atmosphere of a pollutant within the meaning of the Air Pollution Act, 1987 ,

(b) a discharge of polluting matter, sewage effluent or trade effluent within the meaning of the Local Government (Water Pollution) Act, 1977 , to waters or sewers within the meaning of that Act,

(c) the disposal of waste, or

(d) noise;

“operator” means a person who at all material times is in charge of the carrying on of quarrying activities at a quarry or under whose direction such activities are carried out;

“quarry” has the meaning assigned to it by section 3 of the Mines and Quarries Act, 1965 .

Regulations generally.

262. —(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed, or in relation to any matter referred to in this Act as the subject of regulations.

(2) Regulations under this Act may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient.

(3) Before making any regulations under this Act, the Minister shall consult with any relevant State authority where the regulations relate to the functions of that State authority.

(4) Where regulations are proposed to be made under section 4 (2), 19(3), 25(5), 100(1)(b), (c) or (d), 126(4), 176, 179(1), 181(1), 221(4), 230(1) or 246, a draft of the regulations shall be laid before both Houses of the Oireachtas and the regulations shall not be made unless a resolution approving the draft has been passed by each such House.

(5) Every regulation made under this Act (other than a regulation referred to in subsection (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 such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.