PART I

Preliminary

1. —(1) This Act may be cited as the Local Government (Planning and Development) Act, 1990.

(2) The Local Government (Planning and Development) Acts, 1963 to 1983, and this Act may be cited together as the Local Government (Planning and Development) Acts, 1963 to 1990.

(3) This Act and the Local Government (Planning and Development) Acts, 1963 to 1983, shall be construed together as one Act.

2.—(1) In this Act—

“the Board” means An Bord Pleanála;

“habitable house” means a building or part of a building which—

(a) is used as a dwelling, or

(b) is not in use but when last used was used, disregarding any unauthorised use, as a dwelling, or

(c) was provided for use as a dwelling but has not been occupied;

“the Minister” means the Minister for the Environment;

“the Principal Act” means the Local Government (Planning and Development) Act, 1963 .

(2) In this Act unless otherwise indicated, a reference to a section, Schedule or Part is to a section, Schedule or Part of this Act and a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs.

(3) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any other enactment.

3. —(1) The following provisions are hereby repealed: section 45 (2) and Part VI of the Principal Act and section 24 of the Public Health (Ireland) Act, 1878.

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

(3) Section 25 (8) of the Local Government (Planning and Development) Act, 1976 , is hereby amended by the deletion of the words “and the matter falls to be determined by arbitration in pursuance of section 68 of the Principal Act, the following provisions shall apply:” and the substitution of “, the claim shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award and to the following provisions:”.