Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I move amendment No. 176:

In page 38, line 9, to delete "Sections 66and 67" and substitute "Section 66".

These amendments are technical in nature and amend section 53(3) to correct that section 67 does not apply where the LDA is acquiring land under Part 7. Sections 66 and 67 provide that, where the LDA is acquiring land via compulsory purchase order, it can take possession of the land in advance of an acquisition order and would pay compensation to the landowner for the advance possession. This provision, as drafted, is to provide that the LDA can take possession of a site it is acquiring under Part 7 in advance of the land being vested in it. Any land that is acquired under Part 7 is being acquired as it was offered to the LDA by the relevant public body or on foot of a Government direction. The question of compensation does not apply as it is relevant public land and is not being acquired by way of compulsory purchase order. It is on this basis that I move the amendment today, to provide that the LDA may take early possession of a site it is acquiring under Part 7 but will not have to pay compensation. There are practical reasons the LDA would seek to get early possession of such sites, particularly where it would need to undertake ground surveys or detailed planning. These amendments are technical in nature.