Derelict Sites Act , 1990

PART I Preliminary and General

1. Short title.

1.—This Act may be cited as the Derelict Sites Act, 1990.

2. Interpretation.

2.—(1)In this Act—

“the appropriate Minister” means any Minister of the Government (other than the Minister) who, having regard to the Ministerial functions vested in him, in the opinion of the Minister might be concerned with or interested in the matter in question;

“bond” has the meaning assigned to it by section 25;

“derelict site” has the meaning assigned to it by section 3;

“derelict sites levy” has the meaning assigned to it by section 23;

“derelict sites register” means the register established under section 8;

“development objective” means an objective formulated by a planning authority under section 19 of the Local Government (Planning and Development) Act, 1963;

“functions” includes powers and duties;

“land” includes any structure and any land covered with water;

“local authority”, except in the definition of statutory body, means the council of a county, the corporation of a county or other borough or the council of an urban district;

“market value” means the value of the relevant urban land assessed in accordance with section 22;

“the Minister” means the Minister for the Environment;

“occupier”, in relation to land, includes any person in or entitled to immediate use and enjoyment of the land, any person entitled to occupy the land and any other person having, for the time being, control of the land;

“owner”, other than in section 15, in relation to land, means a person, other than a mortgagee not in possession, who whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“the register”, other than in section 18, means the register established under section 8;

“registering authority” means a registering authority within the meaning of the Registration of Title Act, 1964;

“State authority” has the meaning assigned to it by section 84 of the Local Government (Planning and Development) Act, 1963;

“statutory body” means:—

(a)a local authority within the meaning of the Local Government Act, 1941,

(b)a harbour authority within the meaning of the Harbours Act, 1946,

(c)a health board established under the Health Act, 1970,

(d)a vocational education committee within the meaning of the Vocational Education Act, 1930,

(e)a board or other body established by or under statute,

(f)a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(g)a company in which all the shares are held by a board, company, or other body referred to in paragraph (e) or (f) of this definition;

“structure” means any building, erection, structure, excavation, or other thing, constructed, erected, or made on, in or under any land, or any part of a structure so defined, and, where the context so admits, includes the land on, in, or under which the structure is situate;

“the Tribunal” means the Valuation Tribunal established under section 2 of the Valuation Act, 1988;

“urban area” means a county or other borough, an urban district, a town or an area prescribed by the Minister under section 21;

“urban land” means a derelict site in an urban area which has been entered on the register but does not include any occupied dwelling or land owned by a State authority or by the local authority in whose functional area the land is situate or land in relation to which—

(a)a compulsory purchase order (other than a vesting order under this Act) has become operative, or

(b)a development objective exists for the purpose of reserving the land for roads or parking places or for any of the purposes of reserving or preserving land indicated in Part IV of the Third Schedule to the Local Government (Planning and Development) Act, 1963.

(2)A reference in this Act to a section or Part is a reference to a section or Part of this Act, unless it is indicated that a reference to some other enactment is intended.

(3)A reference in this Act to a subsection is a reference to a subsection of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended.

3. Definition of derelict site.

3.—In this section “derelict site” means any land (in this section referred to as “the land in question”) which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of—

(a)the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or

(b)the neglected, unsightly or objectionable condition of the land or any structures on the land in question, or

(c)the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by or under statute or by common law.

4. Regulations.

4.—(1)The Minister may make regulations—

(a)for prescribing any matters referred to in this Act as prescribed, and

(b)for the purpose of giving full effect to this Act.

(2)Every regulation made under this Act, other than a regulation referred to in section 23 (4), shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulation.

5. Repeal.

5.—(1)The Derelict Sites Act, 1961, is hereby repealed.

(2)Notwithstanding subsection (1), and without prejudice to the generality of section 21 of the Interpretation Act, 1937, the repeal of the Derelict Sites Act, 1961, shall not affect—

(a)the exercise of any power under section 2, 3, 4, 6, 9, 12, 14, 15, 16 or 18 of that Act, or

(b)any right accruing to a person under section 5, 8, 9, 11 or 13 of that Act,

in respect of any procedure or anything commenced before the coming into operation of this Act.

6. Service of notices, etc.

6.—(1)Any notice required to be given or served on a person under this Act shall be addressed to the person concerned and shall be given or served on him in one of the following ways:—

(a)where it is addressed to him by name, by delivering it to him;

(b)by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c)by sending it by post in a prepaid registered letter, addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(d)where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry, by delivering it to some person over sixteen years of age resident in or employed on the land to which the notice relates or by affixing it in a conspicuous position on or near such land.

(2)Where the name of the owner or of the occupier (as the case may be) cannot be ascertained by reasonable inquiry, a notice may be addressed to “the owner” or “the occupier” (as the case may require) without naming him.

(3)For the purposes of this section, a company within the meaning of the Companies Acts, 1963 to 1986, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4)A person shall not at any time during the period of one month after a notice is affixed under subsection (1) (d) remove, damage or deface the notice without lawful authorisation.

7. Expenses.

7.—(1)The expenses incurred by the Minister in the administration of this Act, shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2)Expenses under this Act of a local authority who are the council of a county shall be charged on the county (exclusive of every borough and urban district therein).

PART II Measures to Prevent and Control Derelict Sites

8. Register of 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. General duty of owner and occupier of land.

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. Duty of local authority.

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. Power of local authority to require measures to be taken in relation to derelict sites.

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. Power of Minister to give a direction.

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. Disposal of sites held by statutory bodies.

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. Power to acquire derelict site.

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

15. Notice of intention to acquire derelict site compulsorily.

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.