Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 27, to delete lines 16 and 17 and substitute the following: ""architectural conservation area” means—

(a) a place, area, group of structures or townscape to which an objective referred to in section 299 applies, or

(b) an architectural conservation area (within the meaning of the Act of 2000) to which an objective in a development plan under the Act of 2000, that continues in force by virtue of section 66, applies;”.

In addition to the transitional provisions already set out in the Bill, the amendments in this grouping introduce an additional range of provisions that provide an effective transition from the current legislative framework to the scheme provided for under the Bill.

I will start at the end of this grouping. The provisions to be inserted by amendments Nos. 1178 to 1183, inclusive, are general transitional provisions that apply broadly across the Bill and so will form a new Part of the Bill, that being Part 23. These important provisions will preserve the validity of anything done under the Act of 2000 before its repeal and they will ensure the Act of 2000 continues to apply in respect of any applications for planning permission or any appeals that are in train at the time the Act is repealed.

I will go through these amendments methodically. In short, if a process is commenced under the Act of 2000 and that process is still under way or unresolved at the time of the 2000 Act being repealed, that process will continue to be dealt with under that Act until the process has concluded.

The new Part 23 includes the proposed section 546, which will ensure that proceedings brought under the Act of 2000, whether they be civil or criminal, can be continued and enforced following the repeal of that Act and that any ensuing penalties or punishments can be imposed.

The proposed section 547 provides that any warning letters or enforcement notices that were served under the Act of 2000 will continue to have effect following the repeal of that Act, and that any associated functions under Part 8 of the Act of 2000 that relate to warning or enforcement notices can continue to be formed under that Part.

Moving on from the proposed Part 23, the remaining amendments in this grouping consist of transitional provisions that are embedded within those Parts and sections of the Bill that correspond directly to the subject matter of the transitional provisions in question.