S.I. No. 449/2000 - Planning and Development Act, 2000 (Commencement) (No. 2) Order, 2000.

1. This Order may be cited as the Planning and Development Act, 2000 (Commencement) (No. 2) Order, 2000.

2. In this Order, the Act means the

Planning and Development Act, 2000

.

3. On 1 January, 2001, sections 2 (insofar as it relates to the sections commenced on that date), 50 (insofar as it relates to decisions under subsection (2)(b)(iii) of that section), 71, 72, 73, 74, 75, 76, 77, 78, 182, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 263, 264 (insofar as it relates to the repeal of Section 55A of the

Roads Act, 1993

, as inserted by

section 6

of the

Roads (Amendment) Act, 1998

), 265(3), 267, 268(1) (other than paragraphs (a), (b), (c) and (d) of that subsection), 271, 272, 273, 274, 275, 276 and 277 of the Act shall come into operation.

Given under the Official Seal of the Minister for Environment and Local Government this 20th day of December, 2000.

Noel Dempsey, T.D.

Minister for the Environment and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order brings Part XIV on the Acquisition of Land, etc. and Part XX on Amendments of the

Roads Act, 1993

into force on 1 January, 2001. The Order also commences certain transitional provisions relating to the compulsory acquisition of land, including section 267 which provides that matters relating to the compulsory acquisition of land which were, on 1 January, 2001, before the Minister for the Environment and Local Government for determination will be transferred to An Bord Pleanála for determination.

The Order also commences certain related sections of the Act. Sections 71 to 78 provide for applications to the Board for consent to the compulsory purchase of protected structures. Section 182 provides for the laying of cables, wires and pipelines (including waterpipes, sewers and drains) by a local authority across land, with an appeal to An Bord Pleanála if consent is withheld by the landowner. Section 50 is commenced insofar as it relates to judicial review of decisions of the Board under Part XIV of the Act. Section 2 which sets out interpretations for the purposes of the Act is commenced insofar as necessary for the understanding of the other sections commenced.

Section 55A of the

Roads Act, 1993

(as inserted by

section 6

of the

Roads (Amendment) Act, 1998

) which relates to judicial review of decisions of the Minister under the Roads Act is repealed on 1 January, 2001, save as provided for in section 268(1)(e) of the 2000 Act.

The Minister for the Environment and Local Government in exercise of the powers conferred on him by

section 270

of the

Planning and Development Act, 2000

(No. 30 of 2000) hereby orders as follows