Regulations, 2024

L.N. 154 of 2024

LOCAL GOVERNMENT ACT

(CAP. 363)

Temporary Placing of Caravans in Localities (Amendment)

Regulations, 2024

IN EXERCISE of the powers conferred by articles 34 and 72 of

the Local Government Act, the Minister responsible for local

government, has made the following regulations:-

The title of these regulations is the Temporary Placing of

Caravans in Localities (Amendment) Regulations, 2024 and these

regulations shall be read and construed as one with the Temporary

Placing of Caravans in Localities Regulations, hereinafter referred to

as the "principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a) in the definition "applicant" immediately after the

words "applying for a permit" there shall be added the words

"and shall include the person giving notice of the temporary

placing of a caravan;";

(b) immediately after the definition "day" there shall be

added the following new definition

" "Department" means the Department responsible

for the monitoring and support of Local Government as

defined in the Act;";

(c) immediately after the definition "locality" there shall

be added the following new definitions

" "notice" means notice given in writing or by

electronic means to the Department in accordance with the

Third Schedule, and the words "giving notice" shall be

interpreted accordingly;

"person placing a caravan" means the person who is

the owner of a caravan, or the person who possesses the

caravan with the permission of its owner, and who places a

caravan in a locality or in a temporary camping area after

obtaining a permit from a Council following an application

submitted in accordance with the First Schedule or the

Second Schedule, or after having given notice to the

Department in accordance with the Third Schedule;"; and

(d) in the definition "temporary camping area"

immediately after the words "specified in a bye-law issued" there

shall be added the words "with the prior concurrence of the

Minister".

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a) the words "and shall apply instead of other bye-laws

made by a Council" shall be substituted by the words "and shall

apply in addition to other bye-laws made by a Council prior to

the 1 st July 2023"; and

(b) the proviso thereof shall be substituted by the

following new proviso

"Provided that bye-laws on the placing of caravans in

a locality made by a Council after the 1 st July 2023 shall

only apply between the 1 st October and the 31 st May of

every year unless they are bye-laws which specifically

regulate the administration of temporary camping areas

established after the 1 July 2023."

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a) in sub-regulation (1) thereof, immediately after the

words "and the conditions stipulated in the permit" there shall be

added the words "or without having given prior notice to the

Department as provided in these regulations";

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) No caravan shall be placed

(a) in an area in a locality where a sign

prohibiting the placement of caravans in the said area

was put up by the Department or by any other

competent authority; or

(b) in any parking area in any locality which

is managed by a public entity as a parking area of a

facility of that entity without the prior consent of that

entity."; and

(c) immediately after sub-regulation (2) thereof, as

amended, there shall be added the following new sub-regulation

"(3) It shall be the sole responsibility of any person

placing a caravan on any site outside a temporary camping

area to ensure that such placing complies with all laws and

regulations. Nothing in these regulations shall be

interpreted as exempting any person from complying with

any said laws or regulations aforementioned or as

transferring any such responsibility to the Department.".

In regulation 5 of the principal regulations, the words "of

regulations 3 and 4" shall be substituted by the words "of these

regulations".

Regulation 6 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, the words "An applicant

may apply with the Council" shall be substituted by the words

"Without prejudice to the other provisions of these regulations, a

person may apply to a Council";

(b)

sub-regulation (2) thereof shall be amended as

follows

(i) the words "The application" shall be substituted

by the words "An application in accordance with this

regulation"; and

(ii)

paragraph (d) thereof shall be deleted; and

(c) sub-regulation (3) thereof shall be substituted by the

following new sub-regulation

"(3) An application in accordance with this

regulation shall specify the dates on which the applicant

intends to place the caravan in the locality or temporary

camping area.".

Regulation 7 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, the words "in

accordance with regulations 3 and 4," shall be substituted by the

words "in accordance with regulation 6";

(b) in sub-regulation (2) thereof, the words "in

accordance with regulations 3 and 4" shall be substituted by the

words "in accordance with these regulations"; and

(c)

sub-regulation (3) thereof shall be deleted.

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a) in sub-regulation (1) thereof, the words "The

applicant shall respect the natural environment of the area and

shall maintain the part of the area or another location assigned

for the placing of his caravan," shall be substituted by the words

"Any person placing a caravan on any site or temporary camping

area shall respect the natural environment of the area and shall

maintain the place where the caravan is placed and its immediate

vicinity"; and

(b) in sub-regulation (2) thereof, the words "the

applicant" shall be substituted by the words "the person placing

the caravan on the site".

Sub-regulation (1) of regulation 9 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(1) During the time that a caravan is placed in a

temporary camping area or elsewhere in accordance with these

regulations, the permission to authorise such placement or the

notice given to the Department, as the case may be, shall be

prominently displayed in the caravan.".

Immediately after regulation 9 of the principal regulations Adds new

regulation to the

there shall be added the following new regulation

principal

regulations.

9A. A caravan, whether placed in a temporary

"Maximum

duration of

camping area or elsewhere after notice to the

placement.

Department or by permit issued by a Council may not

be so placed for a period of more than seven (7) days.".

Regulations 10 and 11 of the principal regulations shall be Deletes

regulations 10

deleted.

and 11 of the

principal

regulations.

Immediately after sub-regulation (2) of regulation 13 of the Amends

principal regulations there shall be added the following new sub- regulation

the principal

regulation

regulations.

"(3) Where a caravan is placed outside a temporary

camping area after notice is given to the Department, the fee

payable in advance to the Department shall be of five euro (€5)

for each day that the caravan is so placed

Provided that where the person so placing a caravan

in accordance with this sub-regulation is over sixty (60) years of

age as results from his identity document, the fee in accordance

with this sub-regulation shall be of fifty euro cents (€0.50) per

day.".

The First Schedule to the principal regulations shall be

amended as follows

(a) the words "The caravan contains accommodation

facilities for ___ persons." thereof shall be deleted; and

(b) the words "These people are going to

be

accommodated in the caravan

Adults

__________________- ID number _________________

__________________- ID number _________________

__________________- ID number _________________

__________________- ID number _________________

Minors in adult custody

__________________- _________________ ID number/

Act of Birth registration number

_________________- _________________ ID number/

Act of Birth registration number

__________________- _________________ ID number/

Act of Birth registration number

__________________- _________________ ID number/

Act of Birth registration number" thereof shall be deleted.

The Second Schedule to the principal regulations shall be

amended as follows

(a) the words "The caravan contains accommodation

facilities for ___ persons." thereof shall be deleted; and

(b)

the

words

"These

people

are

going

to

be

accommodated in the caravan

Adults

________________- ID number ________________

________________- ID number ________________

________________- ID number ________________

________________- ID number ________________

Minors in adult custody

________________- _________________ ID number/ Act

of Birth registration number

________________- _________________ ID number/ Act

of Birth registration number

________________- _________________ ID number/ Act

of Birth registration number

________________- _________________ ID number/ Act

of Birth registration number" thereof shall be deleted.

Immediately after the Second Schedule to the principal Adds new

Schedule to the

regulations there shall be added the following new Schedule

principal

regulations.

"THIRD SCHEDULE

Department of Local Government

Notice of Placing of Caravan in the Locality of ______________

The Director General

Department of Local Government,

I am hereby giving notice that I shall place a caravan from the

(date) _____________to the _____________(date) as follows

Locality: ________________________

Caravan size: ______________________

The caravan has mechanical strength: YES/NO

The caravan has a kitchen/food preparation facilities: YES/NO

I am attaching a photo of the caravan

I undertake to observe the Temporary Placing of Caravans in

Localities Regulations.

(Signature)

Name: _________________________________

I.D. number

B B 926

Address:______________________________________________

Tel:________________________".

€0.63