Land Development Agency Act 2021

• (3) Every lease, licence, wayleave or permission granted by the dissolved body in relation to land or other property vested in the Agency and in force immediately before the dissolution day shall continue in force on and after that day as if granted by the Agency.

40. Preservation of contracts made by dissolved body

40. (1) Every contract, agreement or arrangement made between the dissolved body or any trustee or agent thereof acting on its behalf, and any other person, which is in force immediately before the dissolution day, shall continue in force and shall be construed and have effect as if the name of the Agency were substituted therein for that of the dissolved body or, as may be appropriate, its trustee or agent, and shall be enforceable by or against the Agency.

• (2) A reference to a contract, agreement or arrangement in subsection (1) includes any commitments of the Agency derived from any competition or process for the procurement of services by the Agency which was commenced before the dissolution day.

41. Records of dissolved body

41. (1) Each record held immediately before the dissolution day by the dissolved body shall, on that day, stand transferred to the Agency and shall, on and after that day, be the property of the Agency and be regarded as being held by the Agency.

• (2) In this section “record” includes, in addition to any record in writing—

• (a) a plan, chart, map, drawing, diagram, pictorial or graphic image,

• (b) a disc, tape, soundtrack or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

• (c) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and

• (d) a photograph.

42. Liability for loss occurring before dissolution day

42. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the dissolution day, of a function of the dissolved body transferred by this Act shall, on and after that day, lie against the Agency and not against the dissolved body.

• (2) Any legal proceedings pending immediately before the dissolution day, to which the dissolved body is a party, shall be continued on and after that day, with the substitution in the proceedings of the Agency, in so far as they so relate, for the dissolved body.

• (3) Where, before the dissolution day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, on and after the dissolution day, in so far as they are enforceable against the dissolved body, be enforceable against the Agency and not the dissolved body.

• (4) Any claim made or proper to be made by the dissolved body in respect of any loss or injury arising from the act or default of any person before the dissolution day shall, on and after that day, be regarded as having been made by or proper to be made by the Agency and may be pursued and sued for by the Agency as if the loss or injury had been suffered by the Agency.

43. Final accounts and final report of dissolved body

43. (1) The Agency shall, in respect of the period specified under subsection (3) prepare final accounts of the dissolved body.

• (2) The Agency shall, not later than three months following the dissolution day, submit the final accounts of the dissolved body to the auditor appointed by the dissolved body for the purpose of Article 11(3)(b) of the Order of 2018 for audit and shall, immediately after the audit, present a copy of the accounts and a copy of the auditor’s report on the accounts to the Minister who, as soon as practicable thereafter, shall cause a copy of those accounts to be laid before each House of the Oireachtas.

• (3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the dissolved body.

• (4) The Agency shall, not later than six months following the dissolution day, prepare and submit to the Minister the final annual report of the dissolved body and the Minister shall, as soon as practicable, cause a copy of the final report to be laid before each House of the Oireachtas.

• (5) The final annual report of the dissolved body shall be published on the website of the Agency as soon as practicable after copies of the report are laid under subsection (4).

44. Provisions consequent upon transfer of functions, assets and liabilities to Agency

44. (1) Anything commenced and not completed before the dissolution day by or under the authority of the dissolved body may, in so far as it relates to a function of the dissolved body transferred under this Act, be carried on or completed on or after the dissolution day by the Agency.

• (2) Every instrument made under an enactment and every document (including any certificate) granted or made by the dissolved body shall, if and in so far as it was operative immediately before the dissolution day, have effect on and after that day as if it had been granted or made by the Agency.

• (3) References to the dissolved body in the constitution of any company and relating to a function transferred by this Act shall, on and after the dissolution day, be construed as references to the Agency.

• (4) Any money, stocks, shares or securities transferred by section 38 that, immediately before the dissolution day, were standing in the name of the dissolved body shall, on and after that day, on the request of the Agency, be transferred into the name of the Agency.

• (5) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested under section 38 or 39 in the Agency shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

45. First chief executive on dissolution day

45. (1) The Minister, at any time before the dissolution day, may designate a person to be appointed to be the first chief executive of the Agency.

• (2) If, immediately before the dissolution day, a person stands designated by the Minister under subsection (1), the person shall, on the dissolution day stand appointed as the first chief executive of the Agency.

• (3) A person standing designated under subsection (1) who stood appointed immediately before his or her appointment under subsection (2) as chief executive of the dissolved body (in this section referred to as the “first appointment”) shall hold office as the first chief executive of the Agency for such term as the Minister may direct when designating that person under subsection (1) being—

• (a) the unexpired term of the first appointment, or

• (b) a period longer than the unexpired term which does not exceed seven years.

• (4) A person, other than a person referred to in subsection (3), standing designated under subsection (1) shall hold office as the first chief executive of the Agency for such term not exceeding seven years as the Minister shall direct when designating that person under subsection (1).

• (5) The first chief executive shall hold office under a written contract of service for a period, and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as are specified in the contract, as may be determined by the Minister with the approval of the Minister for Public Expenditure and Reform.

• (6) Subsections (2), (4), (6) and (7) of section 17 shall apply to the first chief executive of the Agency.

PART 6 Financial statements and public accountability

46. Accounts of Agency and subsidiary DACs

46. (1) Part 6 of the Companies Act shall apply to the Agency and any subsidiary DAC subject to the modifications specified in subsections (2) to (6).

• (2) The Agency and any subsidiary DAC shall keep in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure and Reform all proper and usual accounts of money received and expended by it and of all financial transactions undertaken in the performance of its functions.

• (3) Accounts kept in pursuance of this section shall clearly indicate—

• (a) the costs and revenues that accrue to the Agency or, as the case may be, the subsidiary DAC in respect of each of the different activities in which it engages, and

• (b) details of how the revenues that accrue to the Agency or, as the case may be, the subsidiary DAC from particular activities are assigned or allocated to other activities.

• (4) Accounts of the Agency and any subsidiary DAC kept in pursuance of this section shall be signed by the chief executive (who shall be the officer accountable for such accounts for the purposes of the Comptroller and Auditor General Acts 1866 to 1998) and an appointed member of the Board.

• (5) Accounts signed in pursuance of this section shall be submitted by the Agency or, as the case may be, the subsidiary DAC to the Comptroller and Auditor General for audit as soon as may be but not later than four months after the end of the financial year of the Agency for audit.

• (6) A copy of the accounts of the Agency or of the subsidiary DAC as so audited shall be presented to the Minister as soon as may be and the Minister shall cause a copy of the accounts as so audited to be laid before each House of the Oireachtas.

47. Appointment of statutory auditor or firm

47. (1) Where, following prior consultation with the Minister, the Board considers it appropriate to do so having regard to section 28, the Agency or a subsidiary DAC may appoint a statutory auditor or statutory audit firm to be a statutory auditor of the Agency or subsidiary DAC, as the case may be, for the purposes of, and in accordance with, the Companies Act.

• (2) The appointment of a statutory auditor or statutory audit firm under subsection (1) shall not affect the operation of section 46.

• (3) In this section “statutory auditor” and “statutory audit firm” each has the same meaning as it has in the Companies Act.

48. Reporting arrangements

48. (1) The Agency shall, not later than 30 June in each year, prepare and submit to the Minister a report on the performance by it and by any subsidiary DAC of its functions in the immediately preceding year, or in the case of the period from the date on which this Act comes into operation, in the period ending on the next following 30 June.

• (2) The Minister shall, as soon as may be after receiving a report under subsection (1), cause a copy of it to be laid before each House of the Oireachtas.

• (3) The Agency shall furnish to the Minister such information regarding the performance, or proposals for the performance, of its functions, by it or by any subsidiary DAC, as the Minister may from time to time require.

PART 7 Register and acquisition of relevant public land by Agency

49. Definitions (Part 7)

49. In this Part—

“market value”, subject to section 55(7), means the estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion;

“valuation date” means the valuation date within the meaning of section 55(3).

50. Register of Relevant Public Land

50. (1) The Agency shall establish and maintain a register (in this Act referred to as the “Register”) of all relevant public land and land owned by the Agency or a subsidiary DAC, to be known as the Register of Relevant Public Land.

• (2) The Agency shall as soon as practicable after the coming into operation of this section—

• (a) enter in the Register such of the information specified in subsection (3) as is in the Agency’s possession or control, and

• (b) where necessary, request the information specified in subsection (3) from a relevant public body and, on receipt of that information, enter it in the Register.

• (3) The following, identifying relevant public land and land owned by the Agency or a subsidiary DAC, shall be entered in the Register:

• (a) a description, including area and location, of the land;

• (b) an ordnance map drawn to such scale as is appropriate, or other suitable map approved by the Agency, showing the relevant public land;

• (c) information as to whether or not the relevant public land or land owned by the Agency or a subsidiary DAC is land—

• (i) referred to in section 75(1),

• (ii) which has been exempted from the provisions of Part 9 under section 75(2),

• (iii) referred to in section 75(1) and to which either an order under section 77 applies or regulations under section 78 apply.

• (4) A relevant public body shall furnish to the Agency information in its possession or control, requested by the Agency under subsection (2) (b), within eight weeks of receipt of the request.

• (5) The Register shall be published and made available for inspection by the Agency on its website.

• (6) A relevant public body shall, in relation to an entry in the Register relating to relevant public land owned by the body, give notice to the Agency of—

• (a) an error that the relevant public body knows of in the entry, and

• (b) a change in circumstances that is likely to have a bearing on the accuracy of the entry,

as soon as practicable after the relevant public body becomes aware of the error or change in circumstances and the Agency shall, as soon as practicable, correct the error or record the change in circumstances.

• (7) The Agency shall, in relation to an entry in the Register of land owned by it or a subsidiary DAC, correct an error that it becomes aware of or record a change in circumstances that is likely to have a bearing on the accuracy of the entry.

• (8) Notwithstanding any enactment or rule of law, the Property Registration Authority, Ordnance Survey Ireland and the Valuation Office shall each, upon a request from the Agency, provide to the Agency such information in their possession or control as the Agency may reasonably require for the purpose of enabling the Agency to perform its functions under this section.

• (9) No fee shall be charged by the Property Registration Authority, Ordnance Survey Ireland or the Valuation Office for or relating to the provision of information to the Agency under subsection (8).

51. Obligations of relevant public body

51. (1) Each of the following persons shall co-operate with and provide every assistance to the Agency in the performance by the Agency of its functions relating to the relevant public land owned by the body:

• (a) where a relevant public body is a body corporate, each director, manager, secretary or other officer of the body;

• (b) each member of staff of a relevant public body.

• (2) As soon as practicable following a request in that behalf by the Agency, a relevant public body shall, in relation to relevant public land owned by the body, furnish to the Agency any information, records or documents requested by the Agency.

• (3) Without prejudice to the generality of subsection (2), the Agency may request information including—

• (a) an analysis by the relevant public body of whether the retention of relevant public land owned by the body is necessary for the performance by the body of its functions,

• (b) information regarding current and previous use of the relevant public land concerned, and

• (c) information regarding the costs incurred by the relevant public body in using or maintaining the relevant public land and any profit or loss made by the body in that use or maintenance.

• (4) The Agency or any person on behalf of the Agency may, by arrangement with a relevant public body concerned, enter, with or without such equipment as the Agency considers necessary, on any relevant public land at all reasonable times and may there carry out such surveys, inspections, tests and examinations and take such measurements and such samples of soil as may be necessary for the performance by the Agency of its functions.

52. Report of Agency to Government relating to certain land

52. (1) The Agency shall prepare and furnish a report to the Government on relevant public land and land owned by the Agency or a subsidiary DAC.

• (2) A report under this section shall contain information on—

• (a) relevant public land and land owned by the Agency or a subsidiary DAC assessed by the Agency to be fit for use for the purposes of this Act,

• (b) the matters referred to in subsection (3), and

• (c) the current use of the land referred to in paragraph (a).

• (3) In providing a report under subsection (2) the Agency shall, in relation to each parcel of land referred to in the report, take account of:

• (a) the objectives of F15[any development plan, urban area plan, priority area plan, coordinated area plan or local area plan] in force for the area where the land is situated;

• (b) any masterplan affecting the land;

• (c) the potential for development of the land in conjunction with contiguous sites that also constitute relevant public land or land owned by the Agency or a subsidiary DAC;

• (d) the cost of provision of infrastructure and development costs estimated by the Agency to be associated with the use to which the land may be put;

• (e) the priority, having regard to the nature of the land, proposed to be given to its development relative to other relevant public land or land owned by the Agency or a subsidiary DAC and the period within which that development is proposed to take place;

• (f) any housing strategy for the area where the land is situated.

• (4) A report under this section shall also contain information concerning relevant public land offered to the Agency under section 53(2) during the period, referred to in subsection (6), to which the report relates.

• (5) Information referred to in subsection (4) shall include information on the acquisition by the Agency of the land or part of the land offered, or its refusal to acquire that land or part.

• (6) The first report under this section shall be prepared and furnished by the Agency to the Government not later than 12 months after the date of the coming into operation of this section and every report thereafter shall be prepared and furnished not later than the second anniversary of the previous such report.

• (7) Subsection (6) shall not operate to prevent the Agency from preparing and furnishing a report to the Government at any time, in accordance with this section, on any specific relevant public land.

• (8) The Minister shall, as soon as may be after a report under this section has been furnished to the Government, cause a copy of it to be laid before each House of the Oireachtas.

53. Proposal to dispose of relevant public land

53. (1) A relevant public body shall not dispose of relevant public land unless the body has given notice under subsection (2) and offered the land for sale to the Agency within the period of 12 months immediately prior to the disposal.

• (2) A relevant public body shall give notice to the Agency of its intention to dispose of relevant public land and shall provide to the Agency any information sought by it in relation to the land concerned.

• (3) The Agency shall assess whether the relevant public land is fit for use for the purposes of this Act, and, having regard to the matters referred to in paragraphs (a) to (e) of section 52(3) and any information provided to the Agency under subsection (2), shall decide to acquire or refuse to acquire that land.

• (4) The Agency shall decide under subsection (3), and give notice to the relevant public body concerned of the decision, within eight weeks of the latter of either of the following occurring:

• (a) receipt of a notice under subsection (2);

• (b) receipt of information requested under subsection (2).

54. Direction to acquire land

54. (1) The Government having considered a report furnished to them under section 52 relating to land owned by a Schedule 1 public body may decide, for the purposes of this Act, that the relevant public land referred to in the report shall be acquired by the Agency.

• (2) The Government shall direct the Agency to acquire land owned by a Schedule 1 public body in respect of which they have made a decision under subsection (1).

• (3) The Agency shall, within four weeks of the direction of the Government under subsection (2) give notice to the Schedule 1 public body that the relevant public land concerned shall be acquired by the Agency.

55. Provision for determination of value of relevant public land

55. (1) A relevant public body notified of a decision of the Agency under section 53(3) to acquire its land, or a direction of the Government under section 54(2) to acquire its land, or, in relation to relevant public land referred to in column (1) of Schedule 3, the Schedule 1 public body referred to in column (2) opposite the mention of the relevant public land concerned, shall be entitled to receive an amount equal to the market value of the relevant public land being acquired by the Agency.

• (2) The Agency may give notice to a Schedule 1 public body specified in column (2) of Schedule 3 of the Agency’s intention to acquire relevant public land specified in column (1) of the schedule opposite the Schedule 1 public body so specified.

• (3) For the purpose of determining the market value of relevant public land, the valuation date shall be—

• (a) the date on which the Agency gives notice under section 53 to the relevant public body or, under section 54(3) to the Schedule 1 public body, that the land shall be acquired, or

• (b) in relation to relevant public land referred to in Schedule 3, the date on which the Agency gives notice under subsection (2).

• (4) The Minister shall prescribe the manner in which the market value of relevant public land shall be determined.

• (5) Matters to be prescribed by the Minister under subsection (4) shall include—

• (a) procedures for nomination of a person to determine the market value of the land,

• (b) the relevant experience, qualifications, membership of a professional body that may be required, training or expertise required to be held by a person nominated in accordance with procedures prescribed under paragraph (a),

• (c) procedures and time limits to apply, including in relation to requests for further information or the giving of a notice of the determination,

• (d) fees and costs, if any, to be paid, and to and by whom, in respect of the determination,

• (e) provisions of other enactments relating to valuation of land to be applied for the purpose of the regulations where the Minister considers it appropriate,

• (f) any other matter the Minister considers necessary or appropriate to include in the regulations for the purpose of determining the market value of the land.

• (6) Section 67 shall apply to land proposed to be acquired by the Agency under this Part as it applies to land proposed to be purchased compulsorily under Part 8 subject to the following and any other necessary modifications:

• (a) a reference in section 67 to land shall be read as a reference to relevant public land;

• (b) a reference in section 68(1) to an acquisition order shall be read as a reference to a decision under section 53(3) or a direction under section 54(2) to acquire relevant public land.

• (7) Any calculation of the market value of the relevant public land shall take into account the obligations in Part 9 that apply to the development of dwellings on relevant public land.

56. Vesting of certain relevant public land in Agency

56. (1) The Minister may by order (in this Part referred to as a “vesting order”) transfer the relevant public land concerned to the Agency from—

• (a) where a decision under section 53(3) relates to relevant public land owned by a local authority or a Schedule 1 public body, that local authority or Schedule 1 public body,

• (b) where a direction under section 54(2) relates to land owned by a Schedule 1 public body, that Schedule 1 public body, OR

• (c) where the transfer relates to relevant public land specified in column (1) of Schedule 3, the Schedule 1 public body specified in column (2) of that Schedule opposite the relevant public land so specified.

• (2) Before making a vesting order, the Minister shall—

• (a) consult with the relevant public body concerned and the Minister for Public Expenditure and Reform, and

• (b) be satisfied that the Agency has paid to the relevant public body concerned an amount equal to the market value of the land concerned.

• (3) A vesting order in relation to the relevant public land concerned shall operate to vest without any further conveyance, transfer or assignment for all the estate or interest in that relevant public land in the Agency but subject to all trusts and equities subsisting and capable of being performed affecting that land.

• (4) A vesting order shall be in such form as may be approved by the Minister and shall refer to a map identifying the land to which it relates.

• (5) A vesting order shall come into operation on such day or days as may be specified in the order and different days may be so specified in relation to different parts of the land to which the order relates.

• (6) The Agency shall cause a vesting order made by the Minister under this section and a map identifying the land to be lodged with the Property Registration Authority and that Authority shall cause the Agency to be registered as the owner of the land to which the order relates in accordance with the order.

57. Disposal of land by Agency or subsidiary DAC

57. (1) Subject to subsection (6), the Agency may, with the consent of the Minister having consulted with the Minister for Public Expenditure and Reform, dispose of land owned by the Agency.

• (2) The power conferred on the Agency by subsection (1) may be exercised only where the Agency is satisfied that it is necessary for the purposes of this Act and the performance of the functions conferred on the Agency by paragraph (c), (i), (k) or (m) of section 14(1) and where land owned by the Agency is no longer required by it for those purposes or the performance of those functions.

• (3) Subject to subsection (6), a subsidiary DAC may, with the consent of the Minister having consulted with the Minister for Public Expenditure and Reform, dispose of land owned by the subsidiary DAC.

• (4) The power conferred on a subsidiary DAC by subsection (3) may be exercised only where the subsidiary DAC is satisfied that it is necessary for the purposes of this Act and the performance of the functions referred to in subsection (2) conferred on the subsidiary DAC pursuant to section 33(2) and where land owned by the subsidiary DAC is no longer required for those purposes or the performance of those functions.

• (5) The Agency may, subject to this section, dispose of land owned by the Agency to a subsidiary DAC where the Agency is satisfied that it is necessary, in relation to the land, for the purposes of this Act that the functions referred to in subsection (2) should be performed on behalf of the Agency by the subsidiary DAC.

• (6) Subject to subsection (7), subsection (1) shall not apply to the disposal in a single transaction by the Agency of one house for rent or purchase and subsection (3) shall not apply to the disposal in a single transaction by a subsidiary DAC of one house for rent or purchase.

• (7) Subsection (1) shall apply to the disposal in a single transaction of one house for rent or purchase by the Agency where the Agency forms a view, and advises the Minister who agrees with the view, that the disposal is part of a series of transactions that are or appear to be linked to each other and subsection (3) shall apply to the disposal in a single transaction of one house for rent or purchase by a subsidiary DAC where the subsidiary DAC forms a view, and advises the Minister who agrees with the view, that the disposal is part of a series of transactions that are or appear to be linked to each other.

58. Provision relating to local authority land under this Part

58. Section 211(2) of the Act of 2000 and section 183 of the Local Government Act 2001 shall not apply to the disposal by a local authority to the Agency under this Part of relevant public land owned by the local authority which land—

• (a) is situated—

• (i) in the local authority area in respect of which a development plan is in force, or

• (ii) in the functional area, within the meaning of F16[section 2 of the Act of 2024], of, or any particular area within the functional area of, a planning authority in respect of which F16[an urban area plan, a priority area plan, a coordinated area plan or a local area plan] is in force,

and

• (b) is zoned for solely residential use or a mixture of residential and other uses in, as the case may be, the development F16[plan, urban area plan, priority area plan, coordinated area plan or local area plan].

59. General provision relating to operation of this Part

59. (1) A reference to a decision of the Agency under section 53(3) or a decision of the Government under section 54(1) may be construed as a reference to a decision that the Agency shall acquire or not acquire, as the case may be, part only of the relevant public land the subject of a notice under section 53(2) or a report furnished to the Government under section 52 and this Part shall apply to the part of the relevant public land concerned with any necessary modifications.

• (2) Nothing in the State Property Act 1954 shall operate to prevent the acquisition of relevant public land by the Agency under this Part.

• (3) Land owned by the Agency or a subsidiary DAC shall not be State Land within the meaning of the State Property Act 1954.

PART 8 Compulsory purchase

60. Definitions

60. In this Part—

“acquisition order” has the meaning assigned to it by section 66;

“Act of 1845” means the Lands Clauses Consolidation Act 1845;

“Act of 1919” means the Acquisition of Land (Assessment of Compensation) Act 1919;

“Act of 1966” means the Housing Act 1966;

“compulsory transfer order” has the meaning assigned to it by section 70;

“Court” means the High Court;

“initial notice” has the meaning assigned to it by section 63;

“land owned by the Agency” means land that was relevant public land at any time prior to its acquisition by the Agency under Part 7.

61. Agency’s power to acquire land compulsorily

61. (1) The Agency may compulsorily acquire land if in its opinion the land is situate in an area in respect of which the applicable housing strategy identifies a need for housing and the land is necessary—

• (a) to provide access to relevant public land or land owned by the Agency, or

• (b) to facilitate the provision of roads, water or other services or utilities required by housing on relevant public land or land owned by the Agency.

• (2) The Agency may compulsorily acquire land only if it has first made a reasonable attempt to acquire the land by agreement.

• (3) Any land acquired by the Agency under this Part shall only be used by the Agency for purposes referred to in paragraphs (a) to (n) and (s) of section 2 or in the performance of a function conferred on it by paragraphs (a), (b), (c), (e), (f) or (h) of section 14(1) or section 15.

• (4) In subsection (1), “land owned by the Agency” includes land owned by a subsidiary DAC where the subsidiary DAC is, for the purposes referred to in subsection (3), only performing on behalf of the Agency in relation to that land a function specified in subsection (3).

62. Application to Court for acquisition order

62. (1) If the Agency proposes to compulsorily acquire any land, the Agency shall apply to the Court for an acquisition order authorising it to acquire the land.

• (2) An application under subsection (1) shall be accompanied by the maps, plans and books of reference referred to in section 64.

63. Notice of intention to apply to Court for order

63. (1) The Agency shall publish a notice (in this Part referred to as the “initial notice”), in such form (if any) as may be prescribed by the Minister, of an application under section 62 in a daily newspaper circulating in the State generally.

• (2)
• (a) The Agency shall give a copy of an initial notice to every person who appears to the Agency to have an estate or interest in the land concerned in so far as it is reasonably practicable to ascertain those persons.

• (b) Failure to give an initial notice to every person referred to in paragraph (a) shall not invalidate the application under section 62 concerned.

• (3) An initial notice shall—

• (a) include a statement that persons claiming an estate or interest in the land concerned have the right to lodge with the Court, within 21 days after the publication of the notice, an objection to the making of an acquisition order in relation to the land, and

• (b) specify the times at which and the place or places where the maps, plans and books of reference deposited in accordance with section 64 can be inspected.

64. Maps, plans and books of reference to be deposited

64. (1) The Agency shall cause maps, plans and books of reference to be deposited in accordance with this section.

• (2) The maps and plans shall be sufficient in quantity and character to show the land at an adequate scale.

• (3) The books of reference shall so far as practicable contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land that is proposed to be acquired.

• (4) The maps, plans and books of reference shall be deposited at such place or places as the Agency considers suitable and shall remain so deposited for at least 21 days after publication of the initial notice and while so deposited shall be open to inspection, free of charge, between 10.00 a.m. and 4.00 p.m. on every day except Saturdays, Sundays and public holidays.

65. Consideration by Court of objections

65. (1) A person claiming an estate or interest in land in relation to which an initial notice has been published may lodge with the Court, within 21 days after the publication of the initial notice, an objection to the making of an acquisition order in relation to the land setting out the estate or interest the person has in the land and the grounds on which the objection is based.

• (2) Subject to subsection (3), in determining an application by the Agency under section 62, the Court shall consider any objection lodged with the Court in accordance with subsection (1).

• (3) The Court is not obliged to consider any objection that—

• (a) is not lodged within the period required by subsection (1), or

• (b) does not show on its face the objector’s estate or interest in the land concerned.

• (4) In considering an objection under subsection (1), the Court shall have regard to the nature of the objector’s estate or interest in the land.

66. Acquisition order

66. (1) If no objection to the Agency’s application is lodged with the Court within the period referred to in section 65(1), the Court shall make an order (in this Part referred to as an “acquisition order”) authorising the Agency to acquire the land concerned compulsorily in accordance with the terms of its application.

• (2) If an objection to the Agency’s application is lodged with the Court within the period referred to in section 65(1) the Court, having, if is required under section 65, considered the objection, shall make an order referred to in subsection (1) if the Court is satisfied that—

• (a) the Agency has reasonably formed the opinion referred to in section 61(1),

• (b) the condition referred to in section 61(2) has been satisfied by the Agency,

• (c) the Agency has demonstrated that the land it seeks compulsorily to acquire will be used for at least one of the purposes referred to in subsection (3) of section 61, or in the performance of at least one of the functions referred to in that subsection, and

• (d) it is just and equitable in all the circumstances to make the order.

• (3) The Third Schedule (other than Article 4, paragraphs (1) to (4) of Article 5 and Article 5(5)(d)) to the Act of 1966 applies to an acquisition order, as it applies to a compulsory purchase order under that Act, subject to the following and any other necessary modifications:

• (a) references to a housing authority or an authority shall be construed as references to the Agency;

• (b) a reference to the Minister shall be construed as a reference to the Court in the performance of its functions under this Part.

67. Notice to treat

67. (1) Where an acquisition order has been made, the Agency shall give a notice (referred to as a notice to treat) to every owner, lessee and occupier of the land (except tenants for a month or a shorter period).

• (2) A notice to treat given under subsection (1) shall—

• (a) state that the Agency is willing to treat for the purchase of the several interests in the land, and

• (b) require each owner, lessee and occupier—

• (i) to state within a specified period (not less than one month from the date of service of the notice to treat) the exact nature of the estate or interest in respect of which he or she is entitled to claim the compensation concerned, and

• (ii) if the Agency so requires, to distinguish separate amounts of the compensation referred to in subparagraph (i) in such manner as the Agency specifies in the notice to treat and show how each such amount is calculated.

• (3) A notice to treat given under subsection (1) shall be taken to be a notice to treat for the purposes of the Act of 1919.

68. Agency’s power to take possession

68. (1) The Agency may, subject to subsection (2) enter on and take possession of land to be acquired under this Part at any time after the making of an acquisition order and before the latter of either of the following occurring—

• (a) determination of compensation under section 69, or

• (b) the making of a compulsory transfer order.

• (2) The Agency shall not enter on or take possession of land under this section without giving the occupier and, if the occupier is not the owner of the land, the owner at least 14 days’ notice in writing of its intention to do so.

69. Determination of compensation

69. (1) The amount of compensation to be paid by the Agency for the land shall, in default of agreement, be fixed under and in accordance with the Act of 1919.

• (2) Sections 63 and 69 to 79 of the Act of 1845 apply to the price and, subject to sections 70 and 72, to the land acquired and for the purpose of the application of those sections a reference to the promoters of an undertaking shall be construed as a reference to the Agency.

• (3) If the Agency exercises its power to enter and take possession under section 68, the Agency is liable to pay compensation as if the provisions of the Act of 1845 relating to entry on land had been complied with and to pay interest upon that compensation, from the date of entry until the later of either of the matters referred to in paragraphs (a) and (b) of section 68(1) occurring, at the rate applicable to compulsory purchase orders by local authorities in accordance with the provisions of the Act of 1966.

70. Court may make compulsory transfer order

70. (1) On an application in that behalf by the Agency and where the Agency has entered on and taken possession of land in accordance with section 68 and the Court is satisfied that—

• (a) any estate or interest in the land has not been conveyed or transferred to the Agency,

• (b) it is necessary, in connection with the purposes for which the Agency has been authorised to acquire the land compulsorily, that the acquisition of the land should be completed, and

• (c) the Agency has made an offer in writing to each person having the estate or interest concerned who has furnished to the Agency sufficient particulars of that estate or interest following a request by the Agency under section 61 to enable the Agency to make an offer for it,

the Court may make an order (in this Part referred to as a “compulsory transfer order”) vesting the land in the Agency subject to any terms and conditions that the Court thinks fit.

• (2) Where after the Court, having considered the matters referred to in subsection (1) makes a compulsory transfer order, the Agency shall within seven days after having received notification from the Court of the making of the order—

• (a) publish in a newspaper circulating in the area of the land to which the order relates a notice stating that the order has been made, describing the land and naming a place, including its website, where a copy of the order may be seen at all reasonable times, and

• (b) give to every person appearing to the Agency to have an estate or interest in the land a notice that the order has been made and the effect of the order.

71. Agency to inform Revenue Commissioners if certain liabilities exist

71. Where the Agency becomes aware, before the making of a compulsory transfer order, that a person from whom an estate or interest in the land is to be transferred by the order is subject to a liability for estate duty, succession duty or inheritance tax, the Agency shall notify the Revenue Commissioners of the Court’s intention to make the order.

72. Form and effect of compulsory transfer order

72. (1) The Court shall cause a compulsory transfer order to have attached to it a map identifying the land to which it relates.

• (2) A compulsory transfer order shall operate to vest in the Agency the land specified in it in fee simple free from encumbrances and all estates, rights, titles and interests of whatever kind (other than any public right of way) with effect from a date (not earlier than 21 days after the making of the order) specified in the order.

• (3)
• (a) The Agency shall cause a compulsory transfer order to be lodged with the Property Registration Authority under the Registration of Title Act 1964.

• (b) The Property Registration Authority shall cause the Agency to be registered as owner of the land in accordance with the compulsory transfer order.

73. Effect of compulsory acquisition without compulsory transfer order

73. (1) Upon the completion of a compulsory acquisition under this Part otherwise than by compulsory transfer order, all private rights of way and all rights of laying down, erecting, continuing or maintaining pipes, sewers, drains, wires or cables on, under or over the land concerned (together with the property in those pipes, sewers, drains, wires or cables) and all other rights or easements in or relating to the land shall (except so far as otherwise agreed by the Agency and the person entitled to the right) vest in the Agency without any conveyance or transfer.

• (2) A person who suffers loss by the vesting, by virtue of subsection (1), of a right or easement in the Agency is entitled to be paid compensation by the Agency.

• (3) Compensation payable under subsection (2) shall be determined under and in accordance with the Act of 1919.

PART 9 Requirement in relation to development of dwellings on relevant public land and former relevant public land

74. Interpretation - Part 9

74. In this Part—

F18[“Board” means An Coimisiún Pleanála;]

“permission”, and “planning authority” each has the same meaning as it has in the Act of 2000;

“cost rental dwelling” has the meaning assigned to it by Part 3 of the Affordable Housing Act 2021;

“dwelling” has the same meaning as it has in the Act of 2009;

“specified percentage” has the meaning assigned to it by section 75(11).

75. Requirement in relation to development of dwellings on relevant public land and former relevant public land

75. (1) The provisions of this Part shall, subject to subsections (2) and (10), apply to—

• (a) an application for permission for the development of 5 or more dwellings on land which is relevant public land on the day on which this section comes into operation, or

• (b) where such an application relates to a mixture of developments, to that part of the application which relates to the development of dwellings on such land,

in addition to the provisions of section 34 and, where applicable, Part V of the Act of 2000.

• (2) The Government may, by order, at the request of the Minister, exempt relevant public land from the provisions of this Part where the land—

• (a) is owned by a body which the Government is satisfied is required to act in a commercial manner and the sale of which has been consented to by—

• (i) any Minister of the Government that holds shares in the body, and

• (ii) the Minister for Public Expenditure and Reform,

subject to the re-investment of the proceeds of such sale by the body for the purposes of the performance of its functions,

• (b) is referred to in Schedule 3 to the Grangegorman Development Agency Act 2005 and owned by Technological University Dublin, or

• (c) is owned by a local authority that wishes to dispose of the land in order to use the proceeds of such sale for the purposes of the performance of its public functions.

• (3) A planning authority, or the Board on appeal, shall require as a condition of a grant of permission that the applicant, or any other person with an interest in the land to which the application relates, prior to the lodgement of a commencement notice within the meaning of Part II of the Building Control Regulations 1997 (S.I. No. 496 of 1997), enter into an agreement with the planning authority, providing, in accordance with this Part, for the matters referred to in subsection (4).

• (4) An agreement under this section shall provide for the specified percentage, or such other percentage as the Minister may prescribe under section 77, of the dwellings to be built on the land which is subject to the application for permission, of such description as may be specified in the agreement, to be built and—

• (a) designated and leased as cost rental dwellings, or

• (b) transferred on completion—

• (i) to the ownership of the planning authority, or

• (ii) to the ownership of eligible applicants nominated by the housing authority in accordance with a direct sales agreement within the meaning of the Affordable Housing Act 2021.

• (5) Where dwellings are to be transferred to the planning authority in accordance with an agreement under this section, the price of such dwellings shall be determined on the basis of—

• (a) the site cost of the dwelling (calculated in accordance with section 55), and

• (b) the costs, including normal construction costs and profit on those costs and development costs, calculated at open market rates that would have been incurred by the planning authority had it retained an independent builder to undertake the works, including the appropriate share of any common development works, as agreed between the authority and the developer.

• (6) An applicant for permission shall, when making an application to which this section applies, specify the manner in which he or she would propose to comply with a condition to which subsection (3) relates were the planning authority to attach such a condition to any permission granted on foot of such application, and where the planning authority grants permission to the applicant subject to any such condition it shall have regard to any proposals so specified.

• (7) For the purposes of an agreement under this section, the planning authority shall consider—

• (a) the proper planning and sustainable development of the area to which the application relates,

• (b) the housing strategy and the specific objectives of the development plan which relate to the implementation of the strategy,

• (c) the need to ensure the overall coherence of the development to which the application relates, where appropriate,

• (d) the need to counteract segregation in housing between persons of different social background in the area to which the application relates, and

• (e) the time within which housing is likely to be provided as a consequence of the agreement.

• (8) An agreement under this section shall identify the dwellings to be transferred, or as the case may be, designated as cost rental dwellings, whether in one or more parts.

• (9) A dwelling that is the subject of an agreement referred to in section 96 of the Act of 2000 shall not be reckoned in determining whether or not the condition imposed by this section has been complied with.

• (10) This section shall not apply to applications for permission for development consisting of the provision of houses by a body approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992, for the provision of housing required for households assessed under section 20 of the Act of 2009 as being qualified for social housing support, where such houses are to be made available for letting or sale.

• (11) In this section, “specified percentage” —

• (a) in relation to housing to be built on land located in the area of a town (including all the environs of the town for the purpose of the census of the population concerned) the population of which, when rounded to the nearest 500 as shown on the latest census report of the Central Statistics Office, is equal or greater to 150,000, means 80 per cent,

• (b) in relation to housing to be built on any other land, means 50 per cent.

76. Referrals to Board

76. (1) In the case of a dispute in relation to any matter which may be the subject of an agreement referred to in section 75(3) the matter may be referred by the planning authority or any other prospective party to the agreement to the Board for determination.

• (2) Where it is a condition of the grant of permission that an agreement be entered into in accordance with section 75(3) and, because of a dispute in respect of any matter relating to the terms of such an agreement, parties are unable to reach an agreement, the planning authority, the applicant or any other person with an interest in the land to which the application relates may refer the dispute to the Board and the Board shall determine the matter as soon as practicable.

77. Minister may set percentage

77. (1) The Minister may by order, set a percentage of housing higher or lower than the specified percentage, up to a maximum of 80 per cent, for the purposes of an agreement under section 75(3) and may set different percentages in respect of different geographical or administrative areas.

• (2) For the purposes of setting a percentage in relation to an area under subsection (1) the Minister shall have regard to the likely future demand for cost rental dwellings and dwellings for sale in the State and to the following matters in relation to the area concerned:

• (a) the percentage of housing that will most effectively serve the purposes of this Act;

• (b) the need for housing and the availability of housing, in terms of overall scale, type and tenure;

• (c) the need to counteract segregation in housing between persons of different social background;

• (d) housing strategies developed by the local authority concerned;

• (e) the particular demands and requirements of housing;

• (f) the particular need for dwellings for sale or rent under Parts 2 or 3 of the Affordable Housing Act 2021;

• (g) the cost of housing;

• (h) the cost of site development.

• (3) An order under subsection (1) shall apply only to land that is relevant public land on the day on which such order comes into force.

PART 10 Miscellaneous

78. Amendment of Act of 2000

78. The Act of 2000 is amended—

• (a) in section 96—

• (i) in subsection (1) by the insertion of “and, where applicable, Part 9 of the Land Development Agency Act 2021 ” after “in addition to the provisions of section 34”, and

• (ii) by the insertion of the following subsection after subsection (10):

• “(10A) A dwelling that is the subject of an agreement referred to in section 75 of the Land Development Agency Act 2021 shall not be reckoned in determining whether or not the condition imposed by this section has been complied with.”,

• (b) in section 165—

• (i) by the insertion of the following definition before the definition of “development agency”:

“ ‘relevant public land’ has the same meaning as it has in the Land Development Agency Act 2021;”,

and

• (ii) in the definition of “development agency”, by the substitution of “the Land Development Agency, a local authority or such other person as may be prescribed by the Minister for the purposes of this Part;” for “a local authority or such other persons as may be prescribed by the Minister for the purposes of this Part;”,

• (c) in section 166, by the insertion of the following subsection after subsection (6):

• “(7) In this section, the Land Development Agency shall not be a relevant development agency unless each site referred to in subsection (2) is wholly or partly on relevant public land or land owned by the Agency.”,

• (d) in section 167, by the insertion of the following subsection after subsection (3):

• “(4) In this section, the Land Development Agency shall not be a relevant development agency unless each site referred to in section 166(2) is wholly or partly on relevant public land or land owned by the Agency.”,

and

• (e) in section 168, by the insertion of the following subsection after subsection (5):

• “(6) In this section, the Land Development Agency shall not be a relevant development agency unless each site referred to in subsection (1) is wholly or partly on relevant public land or land owned by the Agency.”.

79. Application of Freedom of Information Act 2014 to Agency

79. (1) Notwithstanding section 6(12) of the Act of 2014 the obligations under that Act shall apply to the Agency on and from the dissolution day and to a subsidiary DAC on and from the date of its establishment in accordance with Part 4.

• (2) Notwithstanding section 2(1) of the Act of 2014, the “effective date” in the case of the Agency and a subsidiary DAC shall, for the purposes of that Act, be 13 March 2019.

• (3) The Agency and a subsidiary DAC shall, notwithstanding the dissolution of the dissolved body, comply with any obligations of the dissolved body under the Act of 2014.

• (4) In this section, Act of 2014 means the Freedom of Information Act 2014.

80. Amendment of Public Service Pensions (Single Scheme and Other Provisions) Act 2012

80. The Public Service Pensions (Single Scheme and Other Provisions) Act 2012 is amended by the insertion of “Land Development Agency” in the Schedule.

SCHEDULE 1 Schedule 1 Public Bodies

SCHEDULE 2 Schedule 2 Public Bodies

SCHEDULE 3 Relevant Public Land referred to in section 56(1)(c)

Relevant Public Land (1)	Schedule 1 Public Body (2)
Central Mental Hospital, Dundrum, Co. Dublin	Commissioners of Public Works in Ireland
St Kevin’s Hospital, Shanakiel, Co. Cork	Health Service Executive
Devoy Barracks, Naas, Co. Kildare	Housing and Sustainable Communities Agency
Hackettstown, Skerries, Co. Dublin	Housing and Sustainable Communities Agency
Castlelands, Balbriggan, Co. Dublin	Housing and Sustainable Communities Agency