Rónán Mullen (Independent) | Oireachtas source

I move amendment No. 33:

In page 44, between lines 22 and 23, to insert the following:

"Amendment to Urban Regeneration and Housing Act 2015

45.The Urban Regeneration and Housing Act 2015 is amended—

(a) in section 5(1), by the insertion of the following paragraph: "(a) the site has, under its present ownership, been the subject of a grant of permission by the planning authority for the development of three or more houses on the site, and that the development has not yet commenced,", (b) in section 5(2), in the definition of "site", after "means" to insert: "any area of land exceeding 0.05 hectares or, for the purposes of section 5(1)(a) and/or section 5(1)(b),", (c) in section 6, by the substitution of the following subsections for subsection (2): "(2) The owner of a site which has been a vacant site pursuant to section 5(1)(a) for 12 months or more shall apply to a planning authority, in such form as may be prescribed by the Minister, to enter on the register a description of the site including a map thereof.

(3) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on summary conviction to a class A fine.", (d) in section 7(1), by the deletion of "Before entering a site on the register a planning authority" and the substitution of the following: "A planning authority may of its own initiative enter a site on the register pursuant to this Part, but before doing so", (e) in section 15(1), after "site" by the insertion of the following: "which is situated in an area where there is a need for housing", and

(f) by the substitution of the following for section 26: "Prosecutions

26.(1) An offence under this Act may be prosecuted summarily by the local authority in whose functional area the offence is committed.

(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted not later than 2 years from the date on which the relevant planning authority forms the opinion that there exists sufficient evidence to justify the institution of proceedings for the offence concerned, but in no case shall such proceedings be instituted after 6 years from the date of the alleged commission of the offence.

(3) Where an offence under this Act is committed by a body corporate and is to have been so committed with the consent or connivance of any person, being a director, manager, secretary, or other officer of the body corporate, or a person who was purporting to act in such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(4) Where a person is convicted of an offence under this Act, the court shall order the person to pay to the relevant local authority the costs and expenses, measured by the court incurred by the relevant local authority in relation to the investigation, detection and prosecution of the offence, unless the court is satisfied that there are special and substantial reasons for not so doing.".".