PART XIX

Commencement, Repeals and Continuance

Interpretation.

263. —In this Part, “repealed enactments” means the enactments specified in column (2) of the Sixth Schedule.

Repeals.

264. —The enactments specified in column (2) of the Sixth Schedule are hereby repealed to the extent specified in column (3) of that Schedule.

Continuity of repealed enactments.

265. —(a) Nothing in this Act shall affect the validity of anything done under the Local Government (Planning and Development) Acts, 1963 to 1999, or under any regulations made under those Acts.

(b) Any order, regulation or policy directive made, or any other thing done, under the Local Government (Planning and Development) Acts, 1963 to 1999, that could have been made or done under a corresponding provision of this Act, shall not be invalidated by any repeal effected by this Act but shall, if in force immediately before that repeal was effected, have effect as if made or done under the corresponding provision of this Act, unless otherwise provided.

(2) The continuity of the operation of the law relating to the matters provided for in the repealed enactments shall not be affected by the substitution of this Act for those enactments, and—

(a) so much of any enactment or document (including enactments contained in this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of this Act, shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or, as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision,

(b) so much of any enactment or document (including repealed enactments and enactments and documents passed or made after the commencement of this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of the repealed enactments shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or, as the case may be, to things done or deemed to be done or falling to be done under or for the purposes of, that corresponding provision.

(3) Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by section 69(1) of the Act of 1963 shall, notwithstanding the repeal of section 69 of the Act of 1963 by the Act of 1990, apply to every case, other than a case under this Act or the Act of 1990, where any compensation assessed will be payable by a planning authority or any other local authority.

(4) In the case of any application to a planning authority, or any appeal or any other matter with which the Board is concerned which is received by the planning authority or the Board, as the case may be, before the repeal of the relevant provisions or the revocation of any associated regulations, the provisions of the Local Government (Planning and Development) Acts, 1963 to 1999, and regulations made thereunder shall continue to apply to the application, appeal or other matter notwithstanding the repeal of any enactment or revocation of any regulation.

Transitional provisions regarding development plans.

266. —(a) Notwithstanding the repeal of any enactment by this Act, development plans made under Part III of the Act of 1963 shall continue in force and shall be deemed to have been made under and in compliance with this Act.

(b) Notwithstanding the repeal of any enactment by this Act, where a planning authority has given notice under section 21 of the Act of 1963 of the preparation of a draft development plan, Part III of the Act of 1963 shall continue to apply in respect of that draft development plan until the making of such plan.

(2) (a) Where, on the commencement of Part II, a development plan is in force for longer than 4 years, the planning authority concerned shall, not later than one year after such commencement, initiate the notification procedures under section 11 .

(b) Except as is provided for in paragraph (a) and in subsection (1)(b), the provisions of Part II in relation to the review of development plans and the preparation of new plans shall apply to all existing development plans.

(c) For the purposes of paragraphs (a) and (b), the reference to the development plan shall be a reference to the development plan in force for the functional area of the planning authority which covers all, or the greater part of, that functional area and—

(i) a development plan for a scheduled town, within the meaning of section 2 of the Act of 1963, or

(ii) a development plan covering part only of the functional area of the authority (not being the greater part),

shall be deemed not to be a development plan for the purposes of those paragraphs.

(3) A reference in any enactment or instrument to a development plan shall be deemed to be a reference to a development plan as defined in this Act.

Transitional provisions respecting compulsory acquisition of land.

267. —(1) Where, before the transfer of functions to the Board in accordance with sections 214 and 215, any matter was to be determined by the Minister under the enactments referred to in those sections, the Board shall, in lieu of the Minister, determine the matter in accordance with those sections.

(2) Sections 217, 218, 219, 220, 221 and 222 shall not apply to matters referred to in subsection (1) to be determined by the Board in accordance with that subsection.

Miscellaneous transitional provisions.

268. —(1) Notwithstanding the repeal of any enactment by this Act—

(a) subsections (2) to (5) of section 38 of the Act of 1999 continue to apply to a planning authority until the planning authority has made the decisions required by those subsections and served them on the appropriate owners and occupiers,

(b) a scheme for the granting of pensions, gratuities or other allowances in respect of the chairperson and ordinary members or in respect of wholetime employees of the Board under an Act repealed by this Act shall continue in force and shall be deemed to be a scheme under section 119 or 121, as appropriate,

(c) a special amenity area order or tree preservation order confirmed or made under an Act repealed by this Act that is in force immediately before the commencement of this section shall be deemed to have been confirmed or made under section 203 or 205, as appropriate,

(d) paragraph 12 of the Third Schedule to the Act of 1990 shall continue to apply for a period of 3 years from the commencement of this section, and

(e) section 55A (inserted by the Roads (Amendment) Act, 1998 ) of the Roads Act, 1993 (as inserted by section 6 of the Roads (Amendment) Act, 1998 ) shall continue to apply in relation to an order of the Minister under section 49(3) or 51(6) of that Act.

(2) Any codes of practice concerning the holding of events issued by the Minister or any other Minister of the Government prior to the coming into force of this Act shall be deemed to be codes of practice under section 232 .

(3) (a) Notwithstanding section 191 , compensation shall be payable under section 190 where there has been a refusal of permission under Part III on the grounds specified in paragraph 5 of the Fourth Schedule, and where—

(i) the development plan contained, prior to the coming into operation of section 10 , an objective for the zoning of the land to which the application concerned related for use solely or primarily for the purpose for which the application was made, and

(ii) the application for permission was made not later than 3 years after the coming into operation of this section.

(b) Paragraph (a) shall not apply to a refusal of permission if—

(i) the development is of a class or description set out in the Third Schedule, or

(ii) the refusal was on grounds specified in the Fourth Schedule (other than paragraph (a)).

Regulations to remove difficulties.

269. —If any difficulty arises during the period of 3 years from the commencement of this Act in bringing any provision of this Act into operation or in relation to the operation of any provision, the Minister may by regulations do anything which appears to the Minister to be necessary or expedient for the purposes of removing the difficulty, bringing that provision into operation, or securing or facilitating its operation.

Commencement.

270. —(1) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and provisions.

(2) An order under subsection (1) may, in respect of the repeals effected by section 264 of the enactments mentioned in the Sixth Schedule, fix different days for the repeal of different enactments or for the repeal for different purposes of any enactment.