Planning and development (amendment) act 2010

• Enactment Date: 26 July 2010
• Act Number: 30

Number 30 of 2010
PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2010
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citation, construction and commencement.
2. Definitions.
PART 2
Amendment of Principal Act
3. Legal acts of the European Union given effect to by this Act.
4. Amendment of section 2 of Principal Act.
5. Amendment of section 4 of Principal Act.
6. Amendment of section 7 of Principal Act.
7. Amendment of section 10 of Principal Act.
8. Amendment of section 11 of Principal Act.
9. Amendment of section 12 of Principal Act.
10. Amendment of section 13 of Principal Act.
11. Amendment of section 18 of Principal Act.
12. Amendment of section 19 of Principal Act.
13. Amendment of section 20 of Principal Act.
14. Amendment of section 23 of Principal Act.
15. Amendment of section 24 of Principal Act.
16. Amendment of section 27 of Principal Act.
17. Report of regional authority for preparation of draft development plan.
18. Role of regional authority in making of development plan.
19. Role of regional authority in variation of development plan.
20. Amendment of section 28 of Principal Act.
21. Ministerial directions regarding development plans, variation of development plans and local area plans.
22. Amendment of section 31A of Principal Act.
23. Amendment of section 34 of Principal Act.
24. Amendment of section 35 of Principal Act.
25. Amendment of section 37A of Principal Act.
26. Amendment of section 37H of Principal Act.
27. Amendment of section 38 of Principal Act.
28. Power to extend appropriate period.
29. Amendment of section 42A of Principal Act.
30. Amendment of section 48 of Principal Act.
31. Amendment of section 49 of Principal Act.
32. Amendment of section 50A of Principal Act.
33. Costs in environmental matters.
34. Amendment of section 57 of Principal Act.
35. Amendment of section 82 of Principal Act.
36. Amendment of section 87 of Principal Act.
37. Amendment of section 93 of Principal Act.
38. Amendment of section 96 of Principal Act.
39. Amendment of section 104 of Principal Act.
40. Amendment of section 106 of Principal Act.
41. Amendment of section 108 of Principal Act.
42. Amendment of section 130 of Principal Act.
43. Amendment of section 135 of Principal Act.
44. Amendment of section 144 of Principal Act.
45. Amendment of section 153 of Principal Act.
46. Amendment of section 156 of Principal Act.
47. Amendment of section 157 of Principal Act.
48. Amendment of section 160 of Principal Act.
49. Amendment of section 162 of Principal Act.
50. Amendment of section 168 of Principal Act.
51. Amendment of section 169 of Principal Act.
52. Amendment of section 170 of Principal Act.
53. Interpretation.
54. Amendment of section 172 of Principal Act.
55. Amendment of section 174 of Principal Act.
56. Amendment of section 176 of Principal Act.
57. Amendment of Part X of Principal Act.
58. Amendment of section 179 of Principal Act.
59. Amendment of section 180 of Principal Act.
60. Amendment of section 181A of Principal Act.
61. Amendment of section 181B of Principal Act.
62. Amendment of section 181C of Principal Act.
63. Amendment of section 182A of Principal Act.
64. Amendment of section 182B of Principal Act.
65. Amendment of section 182C of Principal Act.
66. Amendment of section 182D of Principal Act.
67. Amendment of section 191 of Principal Act.
68. Amendment of section 212 of Principal Act.
69. Amendment of section 217 of Principal Act.
70. Amendment of section 220 of Principal Act.
71. Amendment of section 248 of Principal Act.
72. Calculation of appropriate period and other time limits over holidays.
73. Amendment of section 253 of Principal Act.
74. Amendment of section 261 of Principal Act.
75. Further matters in relation to control of quarries.
76. Amendment of section 262 of Principal Act.
77. Amendment of First Schedule to Principal Act.
78. Amendment of Seventh Schedule to Principal Act.
PART 3
Amendment of certain Acts
79. Amendment of Environmental Protection Agency Act 1992.
80. Amendment of Waste Management Act 1996.
81. Direction of payment of costs by Board.
Acts Referred to
Civil Service Regulation Acts 1956 to 2005 Dublin Docklands Development Act 1997 1997, No. 7 Dublin Transport Authority Act 2008 2008, No. 15 Electricity Regulation Act 1999 1999, No. 23 Environmental Protection Agency Act 1992 1992, No. 7 European Communities Act 1972 1972, No. 27 European Communities Act 2007 2007, No. 18 Housing (Miscellaneous Provisions) Act 2009 2009, No. 22 Local Government (Planning and Development) Act 1963 1963, No. 28 National Asset Management Agency Act 2009 2009, No. 34 Nursing Homes Support Scheme Act 2009 2009, No. 15 Planning and Development (Amendment) Act 2002 2002, No. 32 Planning and Development (Strategic Infrastructure) Act 2006 2006, No. 27 Planning and Development Act 2000 2000, No. 30 Planning and Development Acts 2000 to 2009 Protection of the Environment Act 2003 2003, No. 27 Roads Act 1993 1993, No. 14 Roads Acts 1993 to 2007 Transport (Railway Infrastructure) Act 2001 2001, No. 55 Waste Management Act 1996 1996, No. 10 Water Services Act 2007 2007, No. 30 Wildlife (Amendment) Act 2000 2000, No. 38 Wildlife Act 1976 1976, No. 39
Number 30 of 2010
PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2010
AN ACT TO AMEND AND EXTEND THE PLANNING AND DEVELOPMENT ACT 2000 , TO AMEND THE TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001 , AND TO PROVIDE FOR RELATED MATTERS.
[26th July, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title, collective citation, construction and commencement.	1.— (1) This Act may be cited as the Planning and Development (Amendment) Act 2010.
	(2) The Planning and Development Acts 2000 to 2009 and this Act (other than Part 3 ) may be cited together as the Planning and Development Acts 2000 to 2010 and shall be read together as one.
	(3) 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 appointed for different purposes and different provisions.
	Definitions.	2.— In this Act—
	“Act of 2001” means the Transport (Railway Infrastructure) Act 2001 ;
	“Act of 2002” means the Planning and Development (Amendment) Act 2002 ;
	“Act of 2006” means the Planning and Development (Strategic Infrastructure) Act 2006 ;
	“Act of 2008” means the Dublin Transport Authority Act 2008 ;
	“Minister” means the Minister for the Environment, Heritage and Local Government;
	“Principal Act” means the Planning and Development Act 2000 .
PART 2 Amendment of Principal Act
	Legal acts of the European Union given effect to by this Act.	3.— The Principal Act is amended by the insertion of the following new section after section 1:
	“1A.— Effect or further effect, as the case may be, is given by this Act to an act specified in the Table to this section, adopted by an institution of the European Union or, where appropriate, to part of such an act.
	TABLE
	Council Directive 75/440 EEC of 16 June 1975 1 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States
	Council Directive 79/409/EEC of 2 April 1979 2 on the conservation of wild birds
	Environmental Impact Assessment Directive
	Council Directive 91/271/EEC of 21 May 1991 3 concerning urban waste-water treatment
	Habitats Directive
	Major Accidents Directive
	Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 4 establishing a framework for Community action in the field of water policy
	Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 5 on the assessment of the effects of certain plans and programmes on the environment
	Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 6 on public access to environmental information and repealing Council Directive 90/313/EC
	Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 7 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC
	Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 8 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community
	Birds Directive”.
	Amendment of section 2 of Principal Act.	4.— Section 2(1) of the Principal Act is amended—
	(a) by the deletion of the definition of “Council Directive”;
	(b) by the substitution of—
	(i) the following for the definition of “the Birds Directive”:
	“ ‘Birds Directive’ means Directive 2009/147/EC 9 of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;”,
	(ii) the following for the definition of “European Site”:
	“ ‘European site’ has the meaning given to it by section 177R of Part XAB;”,
	(iii) the following for the definition of “Habitats Directive”:
	“ ‘Habitats Directive’ means Council Directive 92/43/EEC 10 of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, amended by Corrigendum to Council Directive 92/43/EEC 11 of 21 May 1992 on the conservation of natural habitats and...