PLANNING AND DEVELOPMENT ACT, 2000

• (8)
• (a) Where, in relation to a quarry for which permission was granted under Part IV of the Act of 1963, a planning authority adds or modifies conditions under this section that are more restrictive than existing conditions imposed in relation to that permission, the owner or operator of the quarry may claim compensation under section 197 and references in that section to compliance with conditions on the continuance of any use of land consequent upon a notice under section 46 shall be construed as including references to compliance with conditions so added or modified, save that no such claim may be made in respect of any condition relating to a matter specified in paragraph (a), (b) or (c) of section 34(4), or in respect of a condition relating to the prevention, limitation or control of emissions from the quarry, or the reinstatement of land on which the quarry is situated.

• (b) Where, in relation to a quarry to which subsection (7) applies, a planning authority, or the Board on appeal, refuses permission for development under section 34 or grants permission thereunder subject to conditions on the operation of the quarry, the owner or operator of the quarry shall be entitled to claim compensation under section 197 and for that purpose the reference in subsection (1) of that section to a notice under section 46 shall be construed as a reference to a decision under section 34 and the reference in section 197(2) to section 46 shall be construed as a reference to section 34 save that no such claim may be made in respect of any condition relating to a matter specified in paragraph (a), (b) or (c) of section 34(4), or in respect of a condition relating to the prevention, limitation or control of emissions from the quarry, or the reinstatement of land on which the quarry is situated.

• F1167[(c) Where, in relation to a quarry which commenced operation before 1 October 1964 a planning authority imposes conditions under subsection (6)(a)(i) on the operation of the quarry, the owner or operator of the quarry may claim compensation under section 197 and references in that section to compliance with conditions on the continuance of any use of land consequent upon a notice under section 46 shall be construed as including references to compliance with conditions so added or modified, save that no such claim may be made in respect of any condition relating to a matter specified in paragraph (a), (b) or (c) of section 34(4), or in respect of a condition relating to the prevention, limitation or control of emissions from the quarry, or the reinstatement of land on which the quarry is situated.]

• (9)
• (a) A person who provides information to a planning authority in accordance with subsection (1) or in compliance with a requirement under subsection (3) may appeal a decision of the planning authority to impose, restate, add to or modify conditions in accordance with subsection (6) to the Board within 4 weeks from the date of receipt of notification by the authority of those conditions.

• (b) The Board may at the determination of an appeal under paragraph (a) confirm with or without modifications the decision of the planning authority or annul that decision.

• F1169[(10) Notwithstanding any other provision of this Act, a quarry to which this section applies in respect of which the owner or operator fails to provide information in relation to the operation of the quarry in accordance with subsection (1) or in accordance with a requirement under subsection (3) shall be unauthorised development.]

• (11) This section shall apply to—

• (a) a quarry in respect of which planning permission under Part IV of the Act of 1963 was granted more than 5 years before the coming into operation of this section, and

• (b) any other quarry in operation on or after the coming into operation of this section, being a quarry in respect of which planning permission was not granted under that Part.

• (12) The Minister may issue guidelines to planning authorities regarding the performance of their functions under this section and a planning authority shall have regard to any such guidelines.

• (13) In this section—

“emission” means—

• (a) an emission into the atmosphere of a pollutant within the meaning of the Air Pollution Act, 1987,

• (b) a discharge of polluting matter, sewage effluent or trade effluent within the meaning of the Local Government (Water Pollution) Act, 1977, to waters or sewers within the meaning of that Act,

• (c) the disposal of waste, or

• (d) noise;

“operator” means a person who at all material times is in charge of the carrying on of quarrying activities at a quarry or under whose direction such activities are carried out;

“quarry” has the meaning assigned to it by section 3 of the Mines and Quarries Act, 1965.

261A. F1171[Further matters in relation to control of quarries.

261A.—(1) Each planning authority shall, not later than 4 weeks after the coming into operation of this section, publish a notice in one or more than one newspaper circulating in its administrative area and on the authority’s website, stating—

• (a) that it intends to examine every quarry in its administrative area to determine, in relation to that quarry, whether having regard to the Environmental Impact Assessment Directive and the Habitats Directive, one or more than one of the following was required but was not carried out—

• (i) an environmental impact assessment;

• (ii) a determination as to whether an environmental impact assessment is required;

• (iii) an appropriate assessment,

• (b) that where the planning authority determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment, was required but was not carried out and the planning authority also decides that—

• (i) the quarry commenced operation prior to 1 October 1964, or permission was granted in respect of the quarry under Part III of the Planning and Development Act 2000 or Part IV of the Local Government (Planning and Development) Act 1963,

and

• (ii) if applicable, the requirements in relation to registration under section 261 of the Planning and Development Act 2000 were fulfilled,

the planning authority will issue a notice to the owner or operator of the quarry requiring him or her to submit an application to the Board for substitute consent, such application to be accompanied by a remedial environmental impact statement or a remedial Natura impact statement or both of those statements, as appropriate,

• (c) that where the planning authority determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment was required, but was not carried out and the planning authority also decides that —

• (i) the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of the Planning and Development Act 2000 or Part IV of the Local Government (Planning and Development) Act 1963,

or

• (ii) if applicable, the requirements in relation to registration under section 261 of the Planning and Development Act 2000 were not fulfilled,

the planning authority will issue a notice to the owner or operator of the quarry informing him or her that it intends to issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate,

• (d) that where the planning authority determines in relation to a quarry that an environmental impact assessment, a determination as to whether an environmental impact assessment was required, or an appropriate assessment, was required but was not carried out and the planning authority also determines that the development in question was carried out after 3 July 2008, the planning authority will issue a notice to the owner or operator of the quarry informing him or her that it intends to issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate,

• (e) that submissions or observations may be made in writing to the planning authority in relation to any quarry in its administrative area, by any person, not later than 6 weeks after the date of the publication of the notice under paragraph (a), that no fee in relation to the making of the submissions or observations shall be payable and that such submissions or observations will be considered by the planning authority,

• (f) that a copy of any notice that is issued to the owner or operator of a quarry under this section, directing him or her to apply to the Board for substitute consent or informing him or her that the planning authority intends to issue an enforcement notice under section 154 in respect of the quarry, shall be given to a person who, not later than 6 weeks after the date of the publication of the notice under paragraph (a) made submissions or observations, and

• (g) that an owner or operator of a quarry to whom a notice is issued, and any person to whom a copy of such a notice is given, may apply to the Board for a review of a determination or a decision, or both, of the planning authority referred to in the notice and that no fee in relation to the application for a review shall be payable.

• (2)
• (a) Each planning authority shall, not later than 9 months after the coming into operation of this section examine every quarry within its administrative area and make a determination as to whether—

• (i) development was carried out after 1 February 1990 F1172[…] which development would have required, having regard to the Environmental Impact Assessment Directive, an environmental impact assessment or a determination as to whether an environmental impact assessment was required, but that such an assessment or determination was not carried out or made, or

• (ii) development was carried out after 26 February 1997, F1172[…] which development would have required, having regard to the Habitats Directive, an appropriate assessment, but that such an assessment was not carried out.

• (b) In making a determination under paragraph (a), the planning authority shall have regard, to the following matters:

• (i) any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)(a);

• (ii) any information submitted to the authority in relation to the registration of the quarry under section 261;

• (iii) any relevant information on the planning register;

• (iv) any relevant information obtained by the planning authority in an enforcement action relating to the quarry;

• (v) any other relevant information.

• (3)
• (a) Where a planning authority makes a determination under subsection (2)(a) that subparagraph (i) or (ii) or both, if applicable, of that paragraph apply in relation to a quarry (in this section referred to as a " determination under subsection (2)(a) "), and the authority also decides that—

• (i) either the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

• (ii) if applicable, the requirements in relation to registration under section 261 were fulfilled,

the planning authority shall issue a notice, not later than 9 months after the coming into operation of this section, to the owner or operator of the quarry.

• (b) In making a decision under paragraph (a), a planning authority shall consider all relevant information available to it including any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)(a).

• (c) A notice referred to in paragraph (a) shall be in writing and shall inform the person to whom it is issued of the following matters:

• (i) the determination under subsection (2)(a) and the reasons therefor;

• (ii) the decision of the planning authority under paragraph (a) and the reasons therefor;

• (iii) that the person is directed to apply to the Board for substitute consent in respect of the quarry, under section 177E, F1173[with a remedial environmental impact statement or remedial Natura impact statement or both of those statements, as the case may be, in accordance with the determination of the planning authority under subsection (2)(a),] not later than 12 weeks after the date of the notice, or such further period as the Board may allow;

• (iv) that the person may apply to the Board, not later than 21 days after the date of the notice, for a review of the determination of the planning authority under subsection (2)(a) or the decision of the planning authority under paragraph (a), and that no fee in relation to either application for a review shall be payable.

• (d) At the same time that the planning authority issues the notice to an owner or operator of a quarry, the authority shall—

• (i) give a copy of the notice to any person who not later than 6 weeks after the date of the publication of the notice under subsection (1)(a), made submissions or observations to the authority in relation to the quarry,

• (ii) inform that person that he or she may, not later than 21 days after the date of the notice, apply to the Board for a review of the determination under subsection (2)(a) or the decision of the authority under paragraph (a) and that no fee in relation to either application for a review shall be payable, and

• (iii) forward a copy of the notice to the Board.

• (4)
• (a) Where a planning authority makes a determination under subsection (2)(a) and the authority also decides that—

• (i) the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or

• (ii) if applicable, the requirements in relation to registration under section 261 were not fulfilled,

the planning authority shall issue a notice, not later than 9 months after the coming into operation of this section, to the owner or operator of the quarry.

• (b) In making a decision under paragraph (a), a planning authority shall consider all relevant information available to it, including any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)(a).

• (c) A notice referred to in paragraph (a) shall be in writing and shall inform the person to whom it is issued of the following matters:

• (i) the determination under subsection (2)(a) and the reasons therefor;

• (ii) the decision of the planning authority under paragraph (a) and the reasons therefor;

• (iii) that the planning authority intends to issue an enforcement notice in relation to the quarry under section 154 requiring F1174[the cessation of the unauthorised quarrying] and the taking of such steps as the authority considers appropriate;

• (iv) that the person may apply to the Board, not later than 21 days after the date of the notice, for a review of the determination under subsection (2)(a) or the decision of the planning authority under paragraph (a), and that no fee in relation to either application for a review shall be payable.

• (d) At the same time that the planning authority issues the notice to an owner or operator of a quarry, the authority shall—

• (i) give a copy of the notice to any person who not later than 6 weeks after the date of the publication of the notice under subsection (1)(a), made submissions or observations to the authority in relation to the quarry, and

• (ii) inform that person that he or she may, not later than 21 days after the date of the notice, apply to the Board for a review of the determination of the planning authority under subsection (2)(a) or the decision of the planning authority under paragraph (a) and that no fee in relation to either application for a review shall be payable.

• (5)
• (a) Notwithstanding anything contained in subsection (3) or (4), where a planning authority makes a determination under subsection (2)(a) and the authority further determines that F1174[subparagraph (i) or (ii) or both, if applicable, of subsection (2)(a) apply to the development which] took place after 3 July 2008, the authority shall also decide whether—

• (i) the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

• (ii) if applicable, the requirements in relation to registration under section 261 were fulfilled,

and shall issue a notice not later than 9 months after the coming into operation of this section to the owner or operator of the quarry.

• (b) In making a decision under paragraph (a), a planning authority shall consider all relevant information available to it, including any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)(a).

• (c) A notice referred to in paragraph (a) shall be in writing and shall inform the person to whom it is issued of the following matters:

• (i) the determination of the planning authority under subsection (2)(a) and the reasons therefor;

• (ii) the determination of the planning authority under paragraph (a) that F1174[subparagraph (i) or (ii) or both, if applicable, of subsection (2)(a) apply to the development which] took place after 3 July 2008, and the reasons therefor;

• (iii) the decision of the planning authority under paragraph (a) and the reasons therefor;

• (iv) that the planning authority intends to issue an enforcement notice in relation to the quarry under section 154 requiring F1174[the cessation of the unauthorised quarrying] and the taking of such steps as the authority considers appropriate;

• (v) that the person may apply to the Board, not later than 21 days after the date of the notice, for a review of the determination of the planning authority under subsection (2)(a), the determination of the planning authority under paragraph (a), or the decision of the planning authority under paragraph (a), and that no fee in relation to any application for a review shall be payable.

• (d) At the same time that the planning authority issues the notice to an owner or operator of a quarry, the authority shall—

• (i) give a copy of the notice to any person who made submissions or observations to the authority in relation to the quarry not later than 6 weeks after the date of the publication of the notice under subsection (1)(a), and

• (ii) inform that person that he or she may, not later than 21 days after the date of the notice, apply to the Board for a review of the determination under subsection (2)(a), F1174[subparagraph (i) or (ii) or both, if applicable, of subsection (2)(a) apply to the development which] that the development the subject of the determination under subsection (2)(a) took place after 3 July 2008 or the decision of the planning authority under paragraph (a), and that no fee in relation to any application for a review shall be payable.

• (6)
• (a) A person to whom a notice was issued under subsection (3)(a), (4)(a) or (5)(a), or a person to whom a copy of such a notice was given under subsection (3)(d), (4)(d) or (5)(d), may not later than 21 days after the date of the notice so issued or given to him or her, apply to the Board for a review of one or more than one, of the following, referred to in the notice:

• (i) a determination under subsection (2)(a);

• (ii) a decision of the planning authority under subsection (3)(a);

• (iii) a decision of the planning authority under subsection (4)(a);

• (iv) a determination of the planning authority under subsection (5)(a) that F1174[subparagraph (i) or (ii) or both, if applicable, of subsection (2)(a) apply to the development which] took place after 3 July 2008;

• (v) a decision of the planning authority under subsection (5)(a).

• (b) Where an application for a review is made to the Board under paragraph (a) any person may make submissions or observations not later than 21 days after the date of the notice issued under subsection (3)(a), (4)(a) or (5)(a), as the case may be.

• (c) Where an application for a review is made under paragraph (a), the Board shall inform the planning authority and shall request the planning authority to furnish to it such information as the Board considers necessary to make a decision in relation to the review, and the planning authority shall comply with that request within the period specified in the request.

• (d) The Board in making a decision on an application for a review under paragraph (a) shall consider any documents or evidence submitted by the person or persons who applied for the review, any submissions or observations received under paragraph (b) and any information furnished by the planning authority under paragraph (c).

• (e) The Board shall make a decision as soon as may be whether to confirm or set aside the determination or decision of the planning authority to which the application for a review refers.

• (f) As soon as may be after the Board makes its decision under paragraph (e) it shall give notice of its decision to the person or persons who applied for the review, and to the planning authority concerned, and the giving of the notice shall, for the purposes of this section be considered to be the disposal, by the Board, of the review.

• (g) The application to the Board for a review under paragraph (a) shall have the effect of suspending the operation of a direction contained in a notice issued under subsection (3)(a) until the review is disposed of.

• (h) Where the decision of the Board is to set aside a determination under subsection (2)(a) a direction to apply for substitute consent contained in a notice issued under subsection (3)(a) shall cease to have effect.

• (7) Where in relation to a quarry in respect of which a notice has been issued under subsection (3)(a)—

• (a) either no application has been made to the Board for a review of a determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

• (b) either no application has been made to the Board for a review of a decision of the planning authority under subsection (3)(a) or the Board in making a decision in relation to such a review has confirmed the decision of the planning authority,

the person to whom the notice was issued under subsection (3)(a) shall apply to the Board for substitute consent under section 177E not later than 12 weeks after the date of the giving of the notice of its decision under subsection (6)(f) by the Board, or such further period as the Board may allow, save that where no application for review was made to the Board the person to whom the notice was issued under subsection (3)(a) shall apply to the Board for substitute consent within the period specified in that notice.

• (8) Where in relation to a quarry in respect of which a notice has been issued under subsection (3)(a)—

• (a) either no application has been made to the Board for a review of a determination under subsection (2)(a), or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

• (b) the Board in making a decision in relation to a review of a decision of the planning authority under subsection (3)(a) has set aside the decision of the planning authority,

the direction to apply for substitute consent contained in the notice issued under subsection (3)(a) shall cease to have effect and the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)(f), issue an enforcement notice under section 154 requiring F1174[the cessation of the unauthorised quarrying] and the taking of such steps as the planning authority considers appropriate.

• (9) Where in relation to a quarry in respect of which a notice has been issued under subsection (4)(a)—

• (a) either no application has been made to the Board for a review of a determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

• (b) either no application has been made to the Board for a review of a decision of the planning authority under subsection (4)(a) or the Board in making a decision in relation to such a review has confirmed the decision of the planning authority,

the planning authority shall, as soon as may be after the expiration of the period for applying for a review or the date of the giving of the notice of its decision by the Board under subsection (6)(f), as the case may be, issue an enforcement notice under section 154 requiring F1174[the cessation of the unauthorised quarrying] and the taking of such steps as the planning authority considers appropriate.

• (10) Where in relation to a quarry in respect of which a notice has been issued under subsection (4)(a)—

• (a) either no application has been made to the Board for a review of a determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

• (b) the Board in making a decision in relation to a review of a decision under subsection (4)(a) has set aside the decision of the planning authority, and

• (c) either no application has been made to the Board for a review of a decision of the planning authority under subsection (4)(a)(i) that the quarry commenced operation prior to 1 October 1964, or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or the Board in a review of such a decision has decided that the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

• (d) either no application has been made to the Board for a review of a decision of the planning authority under subsection (4)(a)(ii) that if applicable, the requirements in relation to registration under section 261 were fulfilled, or the Board in a review of such a decision has decided that, if applicable, the requirements in relation to registration under section 261 were fulfilled,

the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)(f), issue a notice to the owner or operator of the quarry directing him or her to apply to the Board for substitute consent under section 177E F1173[with a remedial environmental impact statement or remedial Natura impact statement or both of those statements, as the case may be, F1175[in accordance with the determination of the planning authority under subsection (2)(a) or, where the Board has made a decision under subsection (6) in relation to the determination of the planning authority, in accordance with that decision,]] not later than 12 weeks after the date of the notice issued by the planning authority under this subsection or such further period as the Board may allow.

• (11) Where in relation to a quarry in respect of which a notice has been issued under subsection (5)(a)—

• (a) either no application has been made to the Board for a review of a determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

• (b) either no application has been made to the Board for a review of a determination of the planning authority under subsection (5)(a) that F1174[subparagraph (i) or (ii) or both, if applicable, of subsection (2)(a) apply to the development which] took place after 3 July 2008 or the Board has confirmed the determination of the planning authority under subsection (5)(a),

the planning authority shall, as soon as may be after the expiration of the period for applying for a review or the date of the giving of the notice of its decision by the Board under subsection (6)(f), as the case may be, issue an enforcement notice under section 154 requiring F1174[the cessation of the unauthorised quarrying] and the taking of such steps as the planning authority considers appropriate.

• (12) Where in relation to a quarry in respect of which a notice has been issued under subsection (5)(a) and—

• (a) either no application has been made to the Board for a review of the determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

• (b) the Board, in making a decision in relation to a review of such a notice has set aside the determination of the planning authority under subsection (5)(a) that F1174[subparagraph (i) or (ii) or both, if applicable, of subsection (2)(a) apply to the development which] took place after 3 July 2008, and

• (c) either no application has been made to the Board for a review of a decision of the planning authority under subsection (5)(a)(i) that the quarry commenced operation prior to 1 October 1964, or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or the Board in a review of such a decision has decided that the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

• (d) either no application has been made to the Board for a review of a decision of the planning authority under subsection (5)(a)(ii) that if applicable, the requirements in relation to registration under section 261 were fulfilled or the Board in a review of such a decision has decided that if applicable, the requirements in relation to registration under section 261 were fulfilled,

the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)(f), issue a notice to the owner or operator of the quarry directing him or her to apply to the Board for substitute consent under section 177E F1173[with a remedial environmental impact statement or remedial Natura impact statement or both of those statements, as the case may be, F1175[in accordance with the determination of the planning authority under subsection (2)(a) or, where the Board has made a decision under subsection (6) in relation to the determination of the planning authority, in accordance with that decision,]] not later than 12 weeks after the date of the notice issued by the planning authority under this subsection, or such further period as the Board may allow.

• (13) Where in relation to a quarry in respect of which a notice has been issued under subsection (5)(a)—

• (a) either no application has been made to the Board for a review of the determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

• (b) the Board, in making a decision in relation to a review has set aside the determination of the planning authority under subsection (5)(a) that F1174[subparagraph (i) or (ii) or both, if applicable, of subsection (2)(a) apply to the development which] took place after 3 July 2008, and

• (c) either—

• (i) no application has been made to the Board for a review of a decision of the planning authority under subsection (5)(a)(i) that the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or the Board in a review of such a decision has decided that the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or

• (ii) no application has been made to the Board for a review of a decision of the planning authority under subsection (5)(a)(ii) that if applicable, the requirements in relation to registration under section 261 were not fulfilled, or the Board in a review of such a decision has decided that, if applicable, the requirements in relation to registration under section 261 were not fulfilled,

the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)(f), issue an enforcement notice under section 154 requiring F1174[the cessation of the unauthorised quarrying] and the taking of such steps as the planning authority considers appropriate.

• (14) F1175[Subject to section 177E(2A), where an application for substitute consent is required to be made] under this section it shall be made in relation to that development in respect of which the planning authority has made a determination under subsection (2)(a).

• (15) The provisions of Part XA shall apply, as appropriate, to an application for substitute consent made in accordance with a direction under subsection (3), (10) or (12).]

• F1176[(16) On or before 15 August 2012, notwithstanding sections 177C and 177D, the Board shall refuse to consider, in respect of a quarry, an application for leave to apply for substitute consent under section 177C made to the Board during the period commencing on 15 November 2011 and ending on 15 August 2012 and shall return any such application to the person who makes the application.

• (17) Nothing in subsection (16) shall prevent the Board from considering, in respect of a quarry, an application for leave to apply for substitute consent under section 177C made to the Board after 15 August 2012.

(18)(a) The Board, before considering any application, in respect of a quarry, for leave to apply for substitute consent under section 177C shall make enquiries and request information of the applicant or planning authority concerned as to whether one of the following has occurred:

• (i) the planning authority, under this section, has decided that no notice is required to be issued in respect of the quarry concerned;

• (ii) a notice was issued by the planning authority under subsection (4) or (5) and no application was made to the Board for a review of such notice within the period specified in subsection (6)(a);

• (iii) a notice was issued by the planning authority under subsection (3), (4) or (5) and an application was made to the Board for a review of such notice within the period specified in subsection (6)(a);

• (iv) an enforcement notice was issued by the planning authority under subsection (8), (9), (11) or (13), which notice has or has not been complied with.

• (b) When the information requested at paragraph (a) has been received by the Board it may proceed to consider the application for leave to apply for substitute consent, save that where a notice under subsection (3), (4) or (5) has been referred to the Board for a review under subsection (6), it may not proceed to consider the application for leave concerned until it has made a decision on the application for a review under subsection (6).

• (c) The Board shall, when considering an application for leave to apply for substitute consent in relation to a quarry, in addition to any matter referred to in sections 177C and 177D, take into account the matters referred to at paragraph (a) including any decision made by the Board under subsection (6) on an application for a review of a notice issued by a planning authority referred to it under that subsection.

• (19) Section 177D(5) shall apply in relation to an application, in respect of a quarry, for leave to apply for substitute consent subject to the modification that it shall be read as if in that subsection the following subparagraph were included and subject to any other necessary modifications:

• “(aa) F1175[12 weeks] after the Board has received information following enquiries under section 261A(18) or F1175[12 weeks] after the Board makes a decision on an application for a review under section 261A(6) of a notice issued by a planning authority whichever shall be later,”.]

F1177[(20)(a) Where the Board is satisfied on application to it in writing by a person required to apply for substitute consent pursuant to subsection (7) or directed to apply for substitute consent pursuant to subsection (10) or (12) in respect of a quarry (in this subsection referred to as an “applicant”) that a permission granted by a planning authority or the Board in respect of that quarry was granted in breach of law or was invalid or otherwise defective in a material respect whether by reason of a final judgment of a court of competent jurisdiction in the State or the Court of Justice of the European Union, or otherwise, by reason of—

• (i) any matter contained in or omitted from the application for permission including omission of an environmental impact statement or a Natura impact statement or both of those statements, as the case may be, or inadequacy of an environmental impact statement or a Natura impact statement or both of those statements, as the case may be, or

• (ii) any error of fact or law or procedural error,

the Board shall grant leave to the applicant to make an application for substitute consent in relation to all or part of the development the subject of that permission.

• (b) An applicant for leave to apply for substitute consent under paragraph (a) shall furnish the following to the Board:

• (i) any documents that he or she considers are relevant to support his or her application;

• (ii) any additional information or documentation that may be requested by the Board, within the period specified in such a request.

• (c) Where an applicant fails to furnish additional information or documentation within the period specified in a request under paragraph (b)(ii), or such additional period as the Board may allow, the application shall be deemed to have been withdrawn by the applicant.

• (d) The Board may seek information and documents as it sees fit from the planning authority for an administrative area in which the quarry the subject of the application under this subsection is situated, including information and documents in relation to a permission referred to in paragraph (a) and the planning authority shall furnish the information not later than 3 weeks after the information is sought by the Board.

• (e) In deciding whether the circumstances described in paragraph (a) apply, the Board shall have regard to any information furnished by the applicant under paragraph (b) and any information furnished by a planning authority under paragraph (d).

• (f) The Board shall decide whether to grant leave to the applicant to make an application for substitute consent in relation to the subject matter of the permission to which the application relates or to refuse to grant such leave.

• (g) The decision of the Board under paragraph (f) shall be made within 6 weeks after the receipt of an application under paragraph (a).

• (h) The Board shall give notice in writing to the applicant of its decision under paragraph (f) and of the reasons therefor.

• (i) Notwithstanding subsections (7), (10) and (12), the period for making an application for substitute consent referred to in those subsections shall not, in a case in which an application is made to the Board under paragraph (a) of this subsection, include the period beginning on the day of the receipt by the Board of the application under paragraph (a) and ending on the day of receipt by the applicant of notice of the Board’s decision on the application under paragraph (a) in accordance with paragraph (f).

• (j) Where—

• (i) an applicant submitted an application for substitute consent to the Board prior to the coming into operation of this subsection in respect of a quarry to which his or her application under paragraph (a) relates,

• (ii) the Board decides to grant leave to apply under this subsection in accordance with paragraph (f) in respect of that quarry, and

• (iii) the applicant applies for substitute consent in accordance with 177E(2A) in respect of that quarry,

the application for substitute consent referred to in subparagraph (i) shall be taken to be withdrawn.

• (k) No application may be made under this subsection in relation to a quarry in respect of which an application for substitute consent is made after the coming into operation of this subsection.

(21)(a) Paragraph (c) applies to a quarry where—

• (i) at the expiry of the time period set out in paragraph (a) of section 261A(2) for the making of a determination under that paragraph either of the following applied:

• (I) the decision of a planning authority in relation to an application for permission for that quarry required under section 261(7)(a) was under appeal to the Board under section 37;

• (II) legal proceedings in relation to a decision of a planning authority under section 34 or a determination of the Board on an appeal under section 37 in relation to an application for permission for that quarry required under section 261(7)(a) had not yet been concluded,

(ii)(I) an application under section 177C in respect of that quarry is being considered by the Board on the date on which this subsection comes into operation, or

• (II) an application under section 177C in respect of that quarry is made after the date on which this subsection comes into operation, and

• (iii) no notice has been issued in respect of the quarry under subsection (3)(a), (4)(a) or (5)(a) of section 261A prior to the date on which this subsection comes into operation.

• (b) Where an application is made under section 177C in respect of a quarry to which paragraph (c) applies the Board shall cause to be published in one or more newspapers circulated in the area and on its website a notice stating that an application has been made under section 177C in relation to the quarry and inviting submissions in relation to the application for consideration by the Board, with such submissions to be received not later than 6 weeks after the publication of the notice.

• (c) The Board shall make a determination in relation to a quarry to which this paragraph applies as to whether—

• (i) development was carried out at that quarry after 1 February 1990 which development would have required, having regard to the Environmental Impact Assessment Directive, an environmental impact assessment or a determination as to whether an environmental impact assessment was required, but that such an assessment or determination was not carried out or made, or

• (ii) development was carried out at that quarry after 26 February 1997, which development would have required, having regard to the Habitats Directive, an appropriate assessment, but that such an assessment was not carried out.

• (d) Paragraph (c) applies to a quarry notwithstanding that an application has previously been made in respect of the quarry under section 177C.

(22)(a) In making a determination under subsection (21), the Board shall have regard to the following matters:

• (i) any submissions or observations received by the Board in relation to the quarry not later than 6 weeks after the date of the publication of the notice under subsection (21)(b);

• (ii) any information submitted to the planning authority in relation to the registration of the quarry under section 261;

• (iii) any relevant information on the register;

• (iv) any relevant information obtained by the planning authority in an enforcement action relating to the quarry;

• (v) any other relevant information.

• (b) The planning authority to which application for permission for the quarry referred to in subsection (21) was made shall provide all of the information referred to in paragraph (a) in its possession to the Board as soon as practicable following a request from the Board.

• (23) The determination of the Board under subsection (21) shall be made—

• (a) 6 weeks after the receipt of an application under section 177C,

• (b) 6 weeks after receipt of submissions or observations under subsection (21)(b), or

• (c) 6 weeks after receipt of information from the planning authority under subsection (22)(b),

whichever is the later.

(24)(a) Where the Board makes a determination under paragraph (c) of subsection (21) that subparagraph (i) or (ii) or both, if applicable, of that paragraph apply in relation to a quarry and the Board also decides that—

• (i) either

• (I) the quarry commenced operation before 1 October 1964, or

• (II) permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

• (ii) if applicable, the requirements in relation to registration under section 261 were fulfilled,

the Board shall grant leave to apply for substitute consent in respect of the application under section 177C.

• (b) In making a decision under paragraph (a) the Board shall have regard to any information provided by a planning authority under subsection (22)(b).

• (c) The decision of the Board under paragraph (a) shall be made within 3 weeks of the determination under subsection (21)(c).]

262. Regulations generally.

262.—(1) The Minister may make regulations for prescribing any matter referred to in this Act as prescribed or to be prescribed, or in relation to any matter referred to in this Act as the subject of regulations.

• (2) Regulations under this Act may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient.

• (3) Before making any regulations under this Act, the Minister shall consult with any relevant State authority where the regulations relate to the functions of that State authority.

• (4) Where regulations are proposed to be made under section 4(2), 19(3), 25(5), 100(1)(b), (c) or (d), 126(4), F1178[126A(2),] 176, 179(1), F1179[181(1)(a)], 221(4), 230(1) or 246, a draft of the regulations shall be laid before both Houses of the Oireachtas and the regulations shall not be made unless a resolution approving the draft has been passed by each such House.

• (5) Every regulation made under this Act (other than a regulation referred to in subsection (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 such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

PART XIX Commencement, Repeals and Continuance

263. Interpretation.

263.—In this Part, “repealed enactments” means the enactments specified in column (2) of the Sixth Schedule.

264. Repeals.

264.—The enactments specified in column (2) of the Sixth Schedule are hereby repealed to the extent specified in column (3) of that Schedule.

265. Continuity of repealed enactments.

265.—(a) Nothing in this Act shall affect the validity of anything done under the Local Government (Planning and Development) Acts, 1963 to 1999, or under any regulations made under those Acts.

• (b) Any order, regulation or policy directive made, or any other thing done, under the Local Government (Planning and Development) Acts, 1963 to 1999, that could have been made or done under a corresponding provision of this Act, shall not be invalidated by any repeal effected by this Act but shall, if in force immediately before that repeal was effected, have effect as if made or done under the corresponding provision of this Act, unless otherwise provided.

• (2) The continuity of the operation of the law relating to the matters provided for in the repealed enactments shall not be affected by the substitution of this Act for those enactments, and—

• (a) so much of any enactment or document (including enactments contained in this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of this Act, shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments has or had effect, a reference to, or, as the case may be, to things done or falling to be done under or for the purposes of, that corresponding provision,

• (b) so much of any enactment or document (including repealed enactments and enactments and documents passed or made after the commencement of this Act) as refers, whether expressly or by implication, to, or to things done or falling to be done under or for the purposes of, any provision of the repealed enactments shall, if and so far as the nature of the subject matter of the enactment or document permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference to, or, as the case may be, to things done or deemed to be done or falling to be done under or for the purposes of, that corresponding provision.

• (3) Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by section 69(1) of the Act of 1963 shall, notwithstanding the repeal of section 69 of the Act of 1963 by the Act of 1990, apply to every case, other than a case F1181[under Part XII] or the Act of 1990, where any compensation assessed will be payable by a planning authority or any other local authority.

• (4) In the case of any application to a planning authority, or any appeal or any other matter with which the Board is concerned which is received by the planning authority or the Board, as the case may be, before the repeal of the relevant provisions or the revocation of any associated regulations, the provisions of the Local Government (Planning and Development) Acts, 1963 to 1999, and regulations made thereunder shall continue to apply to the application, appeal or other matter notwithstanding the repeal of any enactment or revocation of any regulation.

266. Transitional provisions regarding development plans.

266.—(a) Notwithstanding the repeal of any enactment by this Act, development plans made under Part III of the Act of 1963 shall continue in force and shall be deemed to have been made under and in compliance with this Act.

• (b) Notwithstanding the repeal of any enactment by this Act, where a planning authority has given notice under section 21 of the Act of 1963 of the preparation of a draft development plan, Part III of the Act of 1963 shall continue to apply in respect of that draft development plan until the making of such plan.

• (2)
• (a) Where, on the commencement of Part II, a development plan is in force for longer than 4 years, the planning authority concerned shall, not later than one year after such commencement, initiate the notification procedures under section 11.

• (b) Except as is provided for in paragraph (a) and in subsection (1)(b), the provisions of Part II in relation to the review of development plans and the preparation of new plans shall apply to all existing development plans.

• (c) For the purposes of paragraphs (a) and (b), the reference to the development plan shall be a reference to the development plan in force for the functional area of the planning authority which covers all, or the greater part of, that functional area and—

• (i) a development plan for a scheduled town, within the meaning of section 2 of the Act of 1963, or

• (ii) a development plan covering part only of the functional area of the authority (not being the greater part),

shall be deemed not to be a development plan for the purposes of those paragraphs.

• (3) A reference in any enactment or instrument to a development plan shall be deemed to be a reference to a development plan as defined in this Act.

267. Transitional provisions respecting compulsory acquisition of land.

267.—(1) Where, before the transfer of functions to the Board in accordance with sections 214 and 215, any matter was to be determined by the Minister under the enactments referred to in those sections, the Board shall, in lieu of the Minister, determine the matter in accordance with those sections.

• (2) Sections 217, 218, 219, 220, 221 and 222 shall not apply to matters referred to in subsection (1) to be determined by the Board in accordance with that subsection.

268. Miscellaneous transitional provisions.

268.—(1) Notwithstanding the repeal of any enactment by this Act—

• (a) subsections (2) to (5) of section 38 of the Act of 1999 continue to apply to a planning authority until the planning authority has made the decisions required by those subsections and served them on the appropriate owners and occupiers,

• (b) a scheme for the granting of pensions, gratuities or other allowances in respect of the chairperson and ordinary members or in respect of wholetime employees of the Board under an Act repealed by this Act shall continue in force and shall be deemed to be a scheme under section 119 or 121, as appropriate,

• (c) a special amenity area order or tree preservation order confirmed or made under an Act repealed by this Act that is in force immediately before the commencement of this section shall be deemed to have been confirmed or made under section 203 or 205, as appropriate,

• (d) paragraph 12 of the Third Schedule to the Act of 1990 shall continue to apply for a period of 3 years from the commencement of this section, and

• (e) section 55A (inserted by the Roads (Amendment) Act, 1998) of the Roads Act, 1993 (as inserted by section 6 of the Roads (Amendment) Act, 1998) shall continue to apply in relation to an order of the Minister under section 49(3) or 51(6) of that Act.

• (2) Any codes of practice concerning the holding of events issued by the Minister or any other Minister of the Government prior to the coming into force of this Act shall be deemed to be codes of practice under section 232.

• (3)
• (a) Notwithstanding section 191, compensation shall be payable under section 190 where there has been a refusal of permission under Part III on the grounds specified in paragraph 5 of the Fourth Schedule, and where—

• (i) the development plan contained, prior to the coming into operation of section 10, an objective for the zoning of the land to which the application concerned related for use solely or primarily for the purpose for which the application was made, and

• (ii) the application for permission was made not later than 3 years after the coming into operation of this section.

• (b) Paragraph (a) shall not apply to a refusal of permission if—

• (i) the development is of a class or description set out in the Third Schedule, or

• (ii) the refusal was on grounds specified in the Fourth Schedule (other than paragraph (a)).

268A. F1182[Transitional provisions consequent on Local Government Reform Act 2014

268A.—(1) In this section—

"2014 establishment day" has the same meaning as it has in the Local Government Reform Act 2014;

"dissolved authority" means a local authority to which subsection (2)relates or a town council to which subsection (3) relates, as the circumstances require;

"relevant day or date" means the 2014 establishment day or the transfer date, as the circumstances require;

"successor authority" shall be read in accordance with subsection (2) or (3), as the circumstances require;

"transfer date" has the same meaning as it has in the Local Government Reform Act 2014.

• (2) Consequent on the dissolution of certain local authorities by section 17 of the Local Government Reform Act 2014, the planning authority for each local government area concerned shall, with effect from the 2014 establishment day, be the successor authority as provided for by that section.

• (3) Consequent on the dissolution of town councils by Chapter 2 of Part 3 of the Local Government Reform Act 2014, the planning authority for the area which was, immediately before the transfer date (as provided for by that Chapter), the area of a town council shall, on and from that date, be the planning authority for the local government area within which the first-mentioned area is situated on that date (in this section referred to as the "successor authority").

• (4) All acts duly done and decisions duly made before the relevant day or date by a planning authority to which subsection (2) relates or a town council to which subsection (3) relates, respectively, shall, subject to this Act, continue to have all such force and effect as they would have had if the transfer order had not been made.

• (5) For the purpose of completing any matter outstanding by or with a dissolved authority as the planning authority for a local government area concerned before the relevant day or date, as the case may be, the successor authority shall, on that day or date—

• (a) become the planning authority for that area, and

• (b) exercise the functions, as the planning authority for that area, of the dissolved body.

• (6) So much of Schedule 4 to the Local Government Reform Act 2014 that relates to a dissolved body for the purposes of that Schedule and is relevant to a dissolved body for the purposes of this section shall, subject to any necessary modifications, apply in relation to the Planning and Development Acts 2000 to 2014.]

269. Regulations to remove difficulties.

269.—If any difficulty arises during the period of 3 years from the commencement of this Act in bringing any provision of this Act into operation or in relation to the operation of any provision, the Minister may by regulations do anything which appears to the Minister to be necessary or expedient for the purposes of removing the difficulty, bringing that provision into operation, or securing or facilitating its operation.

270. Commencement.

270.—(1) 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 fixed for different purposes and provisions.

• (2) An order under subsection (1) may, in respect of the repeals effected by section 264 of the enactments mentioned in the Sixth Schedule, fix different days for the repeal of different enactments or for the repeal for different purposes of any enactment.

270A. F1183[Exempted developments not affected.

270A.—For the avoidance of doubt, any category of exempted development by virtue of section 4 or regulations thereunder is not affected by the amendments of this Act made by the Planning and Development (Strategic Infrastructure) Act 2006.]

PART XX Amendments of Roads Act, 1993

271. Amendment of section 57 of Roads Act, 1993.

271.—Section 57 of the Roads Act, 1993, is hereby amended—

• (a) by the substitution of the following for subsection (1):

• “(1) A road authority may prepare a scheme for the establishment of a system of tolls in respect of the use of a public road.”,

• (b) in subsection (2), by the substitution for “In making a toll scheme” of “In preparing a scheme under subsection (1)”,

• (c) in subsection (3), by the substitution for “toll scheme” of “scheme prepared under subsection (1)”,

• (d) in subsection (4), by the substitution for “toll scheme” of “scheme under subsection (1)”,

• (e) by the substitution of the following for subsection (5):

• “(5) A road authority may prepare a scheme amending a toll scheme adopted by it under section 58.”,

• (f) in subsection (6), by the substitution for “toll scheme” of “scheme prepared under subsection (1)”, and

• (g) by the substitution of the following for subsection (7):

• “(7)

  • (a) The Authority shall, before adopting, under section 58, a scheme prepared under subsection (1) in relation to a national road, send a copy of the scheme to the appropriate road authority under section 13 and serve a notice on the road authority stating—

    • (i) that a scheme under subsection (1) has been prepared, and

    • (ii) that representations may be made in writing to the Authority in relation to the scheme before such date as is specified in the notice (being not less than 6 weeks from the date of service of the notice).

  • (b) The Authority shall consider any representations made to it pursuant to a notice under paragraph (a).

  • (c) The making of representations by a road authority under this subsection shall be a reserved function and shall be without prejudice to the right of that authority to make objections to the Authority under section 58.”.

272. Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.

272.—The Roads Act, 1993, is hereby amended by the substitution of the following section for section 58:

“58.—(1) A road authority shall publish in one or more newspapers circulating in the area where the proposed toll road is located or is to be located a notice—

• (a) stating that a draft toll scheme has been prepared,

• (b) indicating the times at which, the period (being a period of not less than one month from the first publication of the notice) during which, and the place at which a copy of the scheme prepared under section 57, any map referred to therein and the explanatory statement relating to the scheme may be inspected, and

• (c) stating that objections to the draft toll scheme may be made in writing to the road authority before such date as is specified in the notice (being not less than 2 weeks from the end of the period for inspection referred to in paragraph (b)).

• (2)

  • (a) Subject to paragraph (b), a road authority may adopt a scheme prepared by it under subsection (1), with or without modifications and, subject to subsection (3), a scheme so adopted is hereafter in this Act referred to as a “toll scheme”.

  • (b) If an objection to a draft toll scheme is made to the road authority and the objection is not withdrawn, the road authority shall, before deciding whether to adopt the draft toll scheme or not, cause an oral hearing to be held into the matters to which the objection relates, by a person appointed by the road authority, and shall consider the report of and any recommendation made by the person so appointed.

• (3)

  • (a) A toll scheme adopted by the road authority under this section shall come into force with the modifications, if any, therein made by the road authority on such day as may be determined by the road authority.

  • (b) Notice of the day on which a toll scheme is to come into force shall be published by the road authority at least one month before such day in one or more newspapers circulating in the area in which the toll road to which the scheme relates is located or will be located.”.

273. Amendment of section 60 of Roads Act, 1993

273.—Section 60 of the Roads Act, 1993, is hereby amended by the substitution of the following for that section:

“60.—(1) A road authority may by order revoke a toll scheme adopted by it under section 58.

• (2) Where a road authority proposes to make an order under subsection (1) it shall, before so making the order, publish in one or more newspapers circulating in the area where the toll road is located a notice—

  • (a) stating that it proposes to revoke the scheme,

  • (b) indicating the times at which, the period (being not less than one month from the first publication of the notice) during which, and the place at which, a copy of the proposal may be inspected,

  • (c) stating that objections or representations may be made in writing to the road authority in relation to the proposal before such date as is specified in the notice (being a date that falls not less than 2 weeks from the end of the period for inspection of the proposal).

• (3) Before making an order under subsection (1), the road authority shall consider any objections or representations made to it in accordance with a notice under subsection (2).

• (4) A road authority may at its discretion cause an oral hearing to be held into any matter to which objections or representations, made in accordance with a notice under subsection (2) and not withdrawn, relate, by a person appointed by the road authority, and where a road authority causes an oral hearing to be so held it shall, before revoking the toll scheme under subsection (3), consider the report of and any recommendation made by that person.

• (5) The road authority shall publish in one or more newspapers circulating in the area where the toll road is located notice of the making of any order under subsection (1).

• (6) The making of an order under this section in relation to a regional road or a local road shall be a reserved function.”.

274. Amendment of section 61 of Roads Act, 1993.

274.—Section 61 of the Roads Act, 1993, is hereby amended—

• (a) by the deletion of subsection (5),

• (b) by the substitution of the following subsection for subsection (6):

• “(6) Before making bye-laws, a road authority shall publish in one or more newspapers circulating in the area where the toll road to which the bye-laws relate is located or is to be located a notice—

  • (a) indicating that it is proposed to make such bye-laws and stating the purpose of the bye-laws,

  • (b) indicating the times at which, the period (being a period of not less than one month from the date of the first publication of the notice) during which, and the place at which, a copy of the draft bye-laws may be inspected,

  • (c) stating that objections or representations may be made in writing to the road authority in relation to the draft bye-laws before such date as is specified in the notice (being a date that falls not less than 2 weeks from the end of the period for inspection of the draft bye-laws), and

  • (d) stating that a copy of the draft bye-laws may be purchased on payment of such fee as is specified in the notice not exceeding the reasonable cost incurred in the making of such copy.”,

• (c) by the substitution of the following subsection for subsection (7):

• (7) Before making bye-laws the road authority shall consider any objections or representations which have been made to it in accordance with a notice under subsection (6) and not withdrawn.”,

• (d) by the substitution of the following subsection for subsection (8):

• (8) Bye-laws made by a road authority under this section shall come into effect on such date as is specified in those bye-laws.”,

and

• (e) in subsection (9), by the substitution for “approved” of “made”.

275. Amendment of section 63 of Roads Act, 1993.

275.—Section 63 of the Roads Act, 1993, is hereby amended—