First Previous (PART IV Prosecutions)

14 1990

DERELICT SITES ACT, 1990

PART V

Miscellaneous

Obligation to give information to local authority.

29. —(1) A local authority may, for any purpose arising in relation to their functions under this Act, by notice in writing require the occupier of any structure or other land or any person receiving, whether for himself or for another, rent out of any structure or other land to state in writing to such authority, within a specified time not less than fourteen days after being so required, particulars of the estate, interest, or right by virtue of which he occupies such structure or other land or receives such rent (as the case may be), and the name and address (so far as they are known to him) of every person who to his knowledge has any estate or interest in or right over or in respect of such structure or other land.

(2) Where land entered on the register or an interest in such land, is transferred (other than by will or on an intestacy) from a person to another person, it shall be the duty of both persons to notify in writing the local authority in whose functional area the land is situated of the transfer not later than four weeks after the date of the transfer.

(3) Where land entered on the register or an interest in such land, is transferred to a person by will or on an intestacy, it shall be the duty of that person to notify in writing the local authority in whose functional area the land is situated of the transfer not later than six months after the date of the transfer and it shall be the duty of the personal representative of the person under whose will or upon whose intestacy the land, or the interest in land, is transferred as aforesaid to notify in writing the said local authority of the transfer not later than two months after the date of the grant to him of probate of the said will or letters of administration of the estate of the second mentioned person.

(4) When a local authority is notified by any person of a transfer of land, or an interest in land, under this section, it shall cause the appropriate entry in the register to be amended.

(5) Every person who is required under subsection (1) to state in writing any matter or thing to a local authority and either fails so to state such matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his knowledge false or misleading in a material respect, shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding £1,000.

Power of authorised person to enter on land.

30. —(1) An authorised person may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m. for any purpose connected with this Act.

(2) An authorised person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, make extractions, and examine the depth and nature of the subsoil.

(3) In a case in which any entry is proposed under this subsection if the occupier (in the case of occupied land) or the owner (in the case of unoccupied land) refuses to permit the entry—

(a) the entry shall not be effected unless it has been authorised by an order of the justice of the District Court having jurisdiction in the District Court district in which the land or part of the land is situate and, in the case of occupied land, save after at least twenty-four hours notice of the intended entry, and of the object thereof, has been given to the occupier, and

(b) an application for such an order shall be made on notice (in the case of occupied land) to the occupier or (in the case of unoccupied land) to the owner.

(4) A person shall not, by act or omission, obstruct an authorised person in the lawful exercise of the powers conferred by this section.

(5) In this section—

authorised person” means a person who is appointed by the local authority, the Tribunal or the Minister to be an authorised person for the purposes of this section.

Application of proceeds from land disposal.

31. —Every sum received by a local authority in respect of the sale or the lease of a derelict site acquired by them under this Act shall be applied by the local authority for the purpose of their functions in such manner as the local authority, with the consent of the Minister, shall think proper.

Power of court to authorise measures.

32. —(1) If any person served with a notice under this Act is unable, without the consent of some other person, to carry out specified measures which he is required to carry out in order to comply with the provisions of such notice, and such other person withholds his consent to the carrying out of the measures, the person concerned may apply to the District Court in which the notice was served for an order under this section.

(2) If, on the hearing of an application under subsection (1), the District Court determines that the consent of the other person has been unreasonably withheld, the District Court may, in its discretion deem the consent to have been given and direct the person making the application to carry out the measures.

(3) It shall be an offence for a person to fail to carry out the measures directed by the District Court under subsection (2).

(4) If any person served with a notice under this Act is required to carry out, pursuant to this Act, specified measures, and so carries out the measures and such person considers that the cost of such measures should be borne, in whole or in part, by some other person who has an interest in the derelict site, he may apply to a court of competent jurisdiction for an order directing that the whole, or such part as may be specified in the order, of the cost of the measures be borne by the other person interested therein; and the court shall make such order on the hearing of the application as it considers just having regard to all the circumstances of the case.

Saving for national or historic monuments.

33. —Nothing in this Act shall restrict, prejudice, or affect the powers or duties of the Minister for Finance, the Commissioners of Public Works in Ireland, or any local authority under the National Monuments Acts, 1930 to 1987, in relation to national monuments or historic monuments as defined by those Acts or any particular such monument.