Planning and Development, Heritage and Broadcasting (Amendment) Act 2021

• Jurisdiction: Ireland
• Citation: IR No. 11/2021
• Year: 2021

Number 11 of 2021
PLANNING AND DEVELOPMENT, HERITAGE AND BROADCASTING (AMENDMENT) ACT 2021
CONTENTS
PART 1
Preliminary and General
1. Short title, collective citations, construction and commencement
2. Expenses
PART 2
Provisions relating to heritage
Chapter 1
Definitions
3. Definitions
Chapter 2
Amendment of Act of 2000
4. Amendment of section 13 of Act of 2000
5. Amendment of section 30 of Act of 2000
6. Amendment of section 51 of Act of 2000
7. Amendment of section 52 of Act of 2000
8. Amendment of section 177X of Act of 2000
9. Amendment of section 177Y of Act of 2000
10. Amendment of section 177AB of Act of 2000
11. Amendment of section 177AC of Act of 2000
Chapter 3
Amendment of Wildlife Acts
12. Amendment of section 59 of Wildlife Act 1976
13. Amendment of section 16 of Wildlife (Amendment) Act 2000
Chapter 4
Amendment of European Communities (Birds and Natural Habitats) Regulations 2011
14. Amendment of European Communities (Birds and Natural Habitats) Regulations 2011
Chapter 5
Planning matters in relation to heritage
15. Planning matters in relation to heritage
PART 3
Amendment of Broadcasting Act 2009
16. Amendment of section 127 of Broadcasting Act 2009
17. Amendment of section 162 of Broadcasting Act 2009
Acts Referred to
Broadcasting Act 2009 (No. 18)
Ministers and Secretaries (Amendment) Act 1939 (No. 36)
Planning and Development Act 2000 (No. 30)
Planning and Development Acts 2000 to 2020
Wildlife (Amendment) Act 2000 (No. 38)
Wildlife Act 1976 (No. 39)
Wildlife Acts 1976 to 2018
Number 11 of 2021
PLANNING AND DEVELOPMENT, HERITAGE AND BROADCASTING (AMENDMENT) ACT 2021
An Act to amend the Planning and Development Act 2000 , the Wildlife Act 1976 , the Wildlife (Amendment) Act 2000 and the European Communities (Birds and Natural Habitats) Regulations 2011; to make provision in relation to certain planning matters relating to heritage carried out in the performance of certain functions; to amend the Broadcasting Act 2009 ; and to provide for related matters.
[30th May, 2021]
Be it enacted by the Oireachtas as follows:
PART 1 Preliminary and General
		Short title, collective citations, construction and commencement
1. (1) This Act may be cited as the Planning and Development, Heritage and Broadcasting (Amendment) Act 2021.
	(2) Chapters 2 and 5 of Part 2 and the Planning and Development Acts 2000 to 2020 may be cited together as the Planning and Development Acts 2000 to 2021 and shall be construed together as one.
	(3) Chapter 3 of Part 2 and the Wildlife Acts 1976 to 2018 may be cited together as the Wildlife Acts 1976 to 2021 and shall be construed together as one.
	(4) Chapter 4 of Part 2 and the European Communities (Birds and Natural Habitats) Regulations 2011 to 2015 may be cited together as the European Communities (Birds and Natural Habitats) Regulations 2011 to 2021 and shall be construed together as one.
	(5) Part 2 shall come into operation on such day or days as the Minister for Housing, Local Government and Heritage may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
		Expenses
2. The expenses incurred by the Minister for Housing, Local Government and Heritage in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.
PART 2 Provisions relating to heritage
Chapter 1 Definitions
		Definitions
3. In this Part—
	“Act of 2000” means the Planning and Development Act 2000 ;
	“Minister” means the Minister for Housing, Local Government and Heritage.
Chapter 2 Amendment of Act of 2000
		Amendment of section 13 of Act of 2000
4. Section 13 of the Act of 2000 is amended—
	(a) in subsection (2)(a), by the substitution of “to the Minister, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media” for “to the Minister, the Minister for Arts, Heritage and the Gaeltacht”, and
	(b) in subsection (8)(c), by the substitution of “to the Minister, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media” for “to the Minister, the Minister for Arts, Heritage and the Gaeltacht”.
		Amendment of section 30 of Act of 2000
5. Section 30 of the Act of 2000 is amended by the substitution of the following subsection for subsection (2):
	“(2) Subsection (1) shall not affect the performance by the Minister of functions transferred to him or her by the Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020) or transferred (whether before or after the coming into operation of section 5 of the Planning and Development, Heritage and Broadcasting (Amendment) Act 2021) to him or her from the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by an order under section 6 (1) of the Ministers and Secretaries (Amendment) Act 1939 .”.
		Amendment of section 51 of Act of 2000
6. Section 51 of the Act of 2000 is amended by the substitution of the following subsection for subsection (2):
	“(2) The Minister shall prescribe the form of a record of protected structures.”.
		Amendment of section 52 of Act of 2000
7. (1) Section 52 of the Act of 2000 is amended by the substitution of the following subsection for subsection (1):
	“(1) The Minister shall issue guidelines to planning authorities concerning development objectives—
	(a) for protecting structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest, and
	(b) for preserving the character of architectural conservation areas,
	and any such guidelines shall include the criteria to be applied when selecting proposed protected structures for inclusion in the record of protected structures.”.
	(2) Guidelines issued under section 52(1) of the Act of 2000 which are in effect immediately before the day on which this section comes into operation shall, on and after that day, continue to have the same effect as they had immediately before that day and may be revoked or amended by the Minister as if they had been issued by him or her.
		Amendment of section 177X of Act of 2000
8. Section 177X of the Act of 2000 is amended—
	(a) in subsection (2)—
	(i) in paragraph (a), by the substitution of “consider whether” for “request the views of the Minister for Arts, Heritage and the Gaeltacht as to whether”,
	(ii) in paragraph (b), by the substitution of “In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected” for “Following receipt of the views of the Minister for Arts, Heritage and the Gaeltacht”, and
	(iii) in paragraph (c), by the deletion of “consultations with the Minister for Arts, Heritage and the Gaeltacht and”,
	(b) by the substitution of the following subsection for subsection (3):
	“(3) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—
	(a) after consultations (if any) under paragraphs (b) and (c) of subsection (2), and
	(b) after having considered revised or modified compensatory measures (if any) submitted under subsection (2)(b),
	form an opinion as to whether the compensatory measures, or revised or modified compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.”,
	(c) by the substitution of the following subsection for subsection (4):
	“(4) The Minister, when forming his or her opinion under subsection (3), may also give further consideration to whether imperative reasons of overriding public interest exist and shall form an opinion as to whether such reasons exist before he or she issues a notice under subsection (5) or (6).”,
	(d) in subsection (5), by the substitution of “Where the Minister forms the opinion that imperative reasons of overriding public interest exist and that” for “Where the Minister forms the opinion that imperative reasons of overriding public interest exist, and the Minister for Arts, Heritage and the Gaeltacht has furnished an opinion that”, and
	(e) in subsection (6), by the substitution of “Where the Minister forms the opinion that imperative reasons of overriding public interest do not exist or that” for “Where the Minister forms the opinion that imperative reasons of overriding public interest do not exist, or the Minister for Arts, Heritage and the Gaeltacht has furnished an opinion that”.
		Amendment of section 177Y of Act of 2000
9. Section 177Y of the Act of 2000 is amended—
	(a) in subsection (3)—
	(i) in paragraph (a), by the substitution of “consider whether” for “request the views of the Minister for Arts, Heritage and the Gaeltacht as to whether”,
	(ii) in paragraph (b), by the substitution of “In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected” for “Following receipt of the views of the Minister for Arts, Heritage and the Gaeltacht”, and
	(iii) in paragraph (c), by the deletion of “consultations with the Minister for Arts, Heritage and the Gaeltacht and”,
	(b) by the substitution of the following subsection for subsection (4):
	“(4) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—
	(a) after consultations (if any) under paragraphs (b) and (c) of subsection (3), and

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