PART II

Measures to Prevent and Control Derelict Sites

8. —(1) Every local authority shall, within one year after the commencement of this Act, establish and thereafter maintain a register to be known as “the derelict sites register” and which is referred to in this Act as “the register” and shall enter on to the register—

(a) particulars of any land in their functional area which, in their opinion, is a derelict site,

(b) the name and address of each owner and occupier, where these can be ascertained by reasonable enquiry,

(c) particulars of any action taken by the local authority under this Act or under any other enactment in relation to the site,

(d) in the case of land owned or occupied by a local authority, particulars of the use, if any, which is being made of the land and particulars of any purpose for which the land is intended to be used,

(e) particulars of the market value of urban land as determined by the local authority, or by the Tribunal on appeal, in accordance with the provisions of section 22 , and

(f) such other particulars as may be prescribed.

(2) Before making any entry on the register in relation to any land, the local authority shall give to any owner and occupier, where they can be ascertained by reasonable enquiry, notice of their intention to make such entry and shall consider any representations any owner or occupier may make in writing within such period as may be specified in the notice and may either make the entry or not as they think proper having regard to such representations.

(3) A local authority may remove an entry from the register where they consider that the entry is no longer appropriate.

(4) A local authority shall remove an entry from the register (and record in the register the date on which this is done) in relation to a derelict site where—

(a) a notice under section 11 has been complied with, or

(b) steps have been taken under section 11 (5) to give effect to the terms of a notice under section 11 , or

(c) the land has otherwise ceased to be a derelict site.

(5) The register shall be kept at the offices of the local authority and shall be available for inspection at the offices of the local authority during office hours.

(6) A copy of the register or an entry in the register shall be sent to the Minister on request.

(7) Notice of an entry in the register shall be served by the local authority on the owner and occupier of a site in respect of which an entry has been made in the register where such persons can be ascertained by reasonable enquiry.

(8) Every document purporting to be a copy of an entry in the register and purporting to be certified by an officer of a local authority to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and be evidence of the terms of the entry.

(9) Evidence of an entry in the register may be given by production of a copy thereof certified pursuant to this section and it shall not be necessary to produce the register itself.

9. —It shall be the duty of every owner and occupier of land, including a statutory body and a State authority, to take all reasonable steps to ensure that the land does not become or does not continue to be a derelict site.

10. —It shall be the duty of a local authority to take all reasonable steps (including the exercise of any appropriate statutory powers) to ensure that any land situate in their functional area does not become or continue to be a derelict site.

11. —(1) Where—

(a) in the opinion of a local authority it is necessary to do so, in order to prevent land situate in their functional area from becoming or continuing to be a derelict site, or

(b) a local authority have been directed to do so by the Minister under section 12 ,

they shall serve a notice in writing on any person who appears to them to be the owner or occupier of the said land.

(2) A notice under this section shall—

(a) specify the measures which the local authority or the Minister, as the case may be, consider to be necessary in order to prevent the land from becoming or continuing to be a derelict site,

(b) direct the person on whom the notice is being served to take such measures as may be specified in the notice, and

(c) specify a period (being not less than one month) within which such measures are to be taken; provided, however, the notice shall not have effect until—

(i) the expiration of fourteen days from the date of service of the notice, or

(ii) if any representations are made under subsection (3), the date on which the local authority notify the person making such representations that they have considered the said representations.

(3) Any person who is the owner or occupier of land in respect of which a notice has been served under this section may, within fourteen days from the date of the service of the notice, make such representations in writing as he thinks fit to the local authority concerning the terms of the notice and the said authority, having considered such representations, may amend or revoke the notice.

(4) Any person who is the owner or occupier of land in respect of which a notice has been served under this section shall, within the period specified in the notice, comply with the requirements of the notice, or, as the case may be, the notice as amended.

(5) Where a person on whom a notice under this section has been served does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice, the local authority who served the notice may take such steps (including entry on land by authorised persons in accordance with section 30 ) as they consider reasonable and necessary to give effect to the terms of the notice or the notice as amended, as the case may be, and may recover any expense thereby incurred from the person on whom the notice or the notice as amended, as the case may be, was served and who is the owner or occupier as a simple contract debt in any court of competent jurisdiction.

(6) The carrying out of any works, within the meaning of the Local Government (Planning and Development) Acts, 1963 to 1983, which are specified in a notice or in the notice as amended, as the case may be, under this section shall be exempted development for the purposes of those Acts.

(7) Any person served with a notice or with the notice as amended, as the case may be, under this section who is the owner of the land in respect of which a notice has been served, and his servants or agents, may enter the land and undertake the measures required to be done under the notice.

12. —The Minister may—

(a) direct a local authority to serve a notice under section 11 (1), in relation to a derelict site which is included in the register, or

(b) direct a local authority to take such steps as he considers reasonable and necessary to give effect to the terms of a notice served under section 11 (1), or

(c) direct a local authority to take such steps as may be specified by him so as to prevent any land owned or occupied by them from becoming or continuing to be a derelict site,

and it shall be the duty of the local authority to comply with the direction within such period as may be specified by the Minister.

13. —(1) The Minister may, in relation to any derelict site which is included in the register and in which a statutory body has an interest, direct that body to take such steps as are open to it to dispose of that interest.

(2) Before giving a direction under subsection (1), the Minister shall consult with the appropriate Minister and give to the body concerned notice of his proposal to give such a direction and shall consider any objections that body may make and he may modify his proposal in such manner and to such extent as he thinks proper and may give a direction accordingly.

(3) The Minister shall not give a direction under this section unless he is satisfied after consultation with the appropriate Minister that the land to which the direction, if given, will relate is not being used by, or is not, or is unlikely to be, required by, the statutory body for the performance of its functions.

(4) It shall be the duty of a statutory body to whom a direction has been given under this section to comply with the direction within the time specified in the direction.

14. —A local authority may acquire by agreement or compulsorily any derelict site situated within their functional area.

15. —(1) A local authority intending to acquire any derelict site compulsorily under this Act shall—

(a) publish in one or more newspapers circulating in their functional area a notice stating their intention to acquire the derelict site compulsorily under this Act, describing the land to which it relates, naming the place where a map of the derelict site is deposited and the times during which it may be inspected and specifying the time within which (not being less than one month) and the manner in which objections to the acquisition of the land may be made to the local authority, and

(b) serve on every owner, lessee and occupier (except tenants for a month or a period less than a month) of the land a notice in the prescribed form stating their intention to acquire the derelict site compulsorily under this Act, describing the derelict site to which it relates, naming the place where a map of the derelict site is deposited and the times during which it may be inspected and specifying the time within which (not being less than one month) and the manner in which objections to the acquisition of the derelict site may be made to the local authority.

(2) In this section “owner” means in relation to land, a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion and includes also a person who holds or is entitled to the rents and profits of the land under a lease or agreement, the unexpired term whereof exceeds three years.

16. —(1) Any of the persons upon whom notices of the proposed compulsory acquisition of a derelict site have been served may, within the time and in the manner specified in the notices, submit to the local authority an objection to the proposed compulsory acquisition referred to in the notice.

(2) An objection to the proposed compulsory acquisition of any derelict site may be withdrawn by the person who made it, by notice in writing sent to the local authority.

(3) Where in relation to the proposed compulsory acquisition of any derelict site by a local authority an objection is made to the local authority in accordance with subsection (1) and is not withdrawn, the derelict site shall not be acquired compulsorily by the local authority without the consent of the Minister.

(4) An application by a local authority for the consent of the Minister to the compulsory acquisition of any derelict site under this Act shall be made within one month after the expiry of the time within which objection to the proposed acquisition may be made and shall be accompanied by the relevant map, the objection duly made to the local authority in pursuance of this section in relation to the compulsory acquisition and not subsequently withdrawn, the comments of the authority (if any) on the objection and such other documents and particulars as may be prescribed.

(5) On receipt of the comments of the authority (if any) referred to in subsection (4), the Minister shall, by notice served on the person who made the objection send a copy of such comments to that person who may, within twenty-one days from the date of the service of the notice, make observations to the Minister in relation to the comments.

(6) On an application under subsection (4), in relation to any derelict site referred to in a notice published by a local authority under section 15 , the Minister may, as he thinks fit, grant or refuse to grant his consent to the compulsory acquisition of all or part of the derelict site.

17. —(1) Where, in relation to any derelict site in respect of which the provisions of section 15 have been complied with by a local authority—

(a) no objection is submitted to the local authority in accordance with section 16 , or

(b) any objection which is submitted as aforesaid is subsequently withdrawn, or

(c) the Minister gives his consent to the compulsory acquisition thereof by the local authority,

the local authority may by order (in this Act referred to as a vesting order) acquire the derelict site.

(2) Where a local authority, before making a vesting order, become aware that the derelict site to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge payable to the Revenue Commissioners on the death of any person, the local authority shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

(3) Whenever a local authority make a vesting order under this section, they shall within fourteen days after making the order—

(a) publish in one or more newspapers circulating within their functional area a notice stating that the order has been made, describing the derelict site to which it relates and naming a place where a copy of the order and the map attached thereto may be seen at all reasonable times, and

(b) serve on every person appearing to them to have an interest in the derelict site to which the order relates a notice stating that the order has been made and the effect of the order.

18. —(1) Every vesting order by which a local authority acquire any derelict site under this Act shall be in the prescribed form and shall have attached thereto a map showing the land to which it relates.

(2) A vesting order shall be expressed and shall operate to vest the derelict site to which it relates in the local authority in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind on a specified date (in this Act referred to as the vesting date) not earlier than twenty-one days after the making of the order.

(3) Notwithstanding anything in subsection (2), where a local authority have acquired by a vesting order a derelict site which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the authority shall become and be liable, as from the date on which the derelict site is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the derelict site as if the derelict site had been transferred to the authority by the owner thereof on that date.

(4) When a local authority make a vesting order in relation to any derelict site, they shall send the order to the registering authority and thereupon the registering authority shall cause the local authority to be registered as owner of the land in accordance with the order.

(5) (a) Where a local authority are satisfied on the application of any person interested that a vesting order contains an error or mistake, whether occasioned by the local authority by whom such vesting order was made or otherwise, the local authority may, by order, amend such vesting order, provided such error or mistake may be rectified without injustice to any person.

(b) Where a local authority make an order under this subsection amending a vesting order, the registering authority shall on the lodgment with them of a copy of such amending order rectify the register in such manner as may be necessary to make such register conformable with such amending order.

19. —(1) Where, immediately before a vesting order is made, any person has any estate or interest in or right in respect of the derelict site acquired by the order, the person may apply to the local authority not later than twelve months after the making of the order for compensation in respect of the estate, interest or right, and the local authority shall, subject to subsection (3), thereupon pay to the person by way of compensation an amount equal to the value (if any) of the estate, interest or right.

(2) The compensation to be paid by a local authority under this section in respect of any estate or interest in or right in respect of the derelict site shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(3) Where, after the making of a vesting order by a local authority under this Act in relation to any derelict site, any sum (including any sum for costs) remains due to the local authority by any person by way of derelict sites levy or on foot of an order of any court for payment of an amount due to the local authority under this Act or any other Act—

(a) if the sum aforesaid is less than the amount of the compensation payable to the person under this section, the amount of the compensation shall be reduced by the amount of the sum, and

(b) if the sum aforesaid is not less than the amount of the compensation aforesaid, the compensation shall not be payable.

(4) Sections 69 to 79 of the Lands Clauses Consolidation Act, 1845 , as amended or adapted by or under the Second Schedule to the Housing of the Working Classes Act, 1890 , or any other Act, shall apply in relation to compensation to be paid by a local authority under this section as if such compensation were a price or compensation under the said Act as so amended.

(5) Where money is paid into Court under section 69 of the Lands Clauses Consolidation Act, 1845 , as applied by this section, by the local authority, no costs shall be payable by that authority to any person in respect of any proceedings for the investment, payment of income, or payment of capital of such money.

20. —(1) A local authority may use any derelict site acquired by them under this Act, the Derelict Sites Act, 1961 , or the Acquisition of Derelict Sites Act, 1940 , for any purpose connected with their functions.

(2) Where the whole or any part of any derelict site acquired under this Act, the Derelict Sites Act, 1961 , or the Acquisition of Derelict Sites Act, 1940 , is at any time not required by the local authority by whom it was acquired, the local authority may, subject to any regulations made under this Act, sell, let, transfer or exchange the whole or that part (as the case may be) of the derelict site.