Local Government (Planning and Development) Act, 1992

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Alteration of certain penalties under the Acts.

20.—(1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of the Table to this section at any reference number (not being an offence referred to in the section as a further offence) shall, in lieu of the penalty so provided, be liable to the penalty specified in column (3) of the said Table at that reference number, and that section shall be construed and have effect accordingly.

(2) (a) A person convicted of an offence under subsection (9) of section 32 of the Act of 1976 shall, in lieu of so much of the penalty specified in that subsection as consists of a fine, be liable to a fine not exceeding £1,000, and the said subsection (9) shall be construed and have effect accordingly.

(b) A person convicted of an offence under subsection (10) of section 33 of the Act of 1976 shall, in lieu of so much of the penalty specified in that subsection as consists of a fine, be liable to a fine not exceeding £1,000, and the said subsection (10) shall be construed and have effect accordingly.

(3) A person who is guilty of an offence under section 24 (3) of the Principal Act or section 26 (4) of the Act of 1976 shall be liable on conviction on indictment to a fine not exceeding £1,000,000 or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment and if the contravention in respect of which he is convicted of an offence under either of the said provisions is continued after the conviction, he shall be guilty of a further offence on every day on which the contravention continues and for each such offence he shall be liable on conviction on indictment to a fine not exceeding £10,000, or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment:

Provided that if a person is convicted in the same proceedings of two or more such further offences the aggregate term of imprisonment to which he shall be liable shall not exceed two years.

(4) Subsection (4) of section 24 of the Principal Act or subsections (7) and (8) of section 26 of the Act of 1976 (as appropriate) shall apply to proceedings for a further offence referred to in subsection (3) as that subsection or those subsections applies or apply to proceedings for an offence under subsection (3) of the said section 24 or subsection (4) of the said section 26 (as appropriate).

(5) (a) So much of each section of the Principal Act specified in paragraph (b) that makes provision in relation to an offence referred to in the section as a further offence shall cease to have effect and, in lieu thereof, it is hereby provided that if the contravention in respect of which a person is convicted of an offence under an aforesaid section is continued after the conviction, that person shall be guilty of a further offence on every day on which the contravention continues and for each such offence he shall be liable on summary conviction to a fine not exceeding—

(i) if the section under which he is convicted of the first offence is a section referred to in paragraph (b) (i), £200, and

(ii) if the section under which he is convicted of the first offence is a section referred to in paragraph (b) (ii), £50.

(b) The sections of the Principal Act referred to in paragraph (a) are—

(i) sections 31 (8), 34, 35, 37 (7) and 49 (2) (b), and

(ii) sections 81 (3), 83 (7) and 89 (8).

(6) Section 49 (2) (c) of the Principal Act is hereby amended by the insertion after “under this subsection” of “or section 20 (5) of the Local Government (Planning and Development) Act, 1992,”.

(7) Section 9 (1) of the Act of 1982 is hereby amended—

(a) by the substitution for “ section 8 (3) of this Act, or an offence under section 8 (4) of this Act” of “ section 20 (3) of the Local Government (Planning and Development) Act, 1992, or an offence under the said section 20 (3) ”,

(b) by the substitution in paragraph (i) for “£800” of “£1,000”, and

(c) by the substitution for paragraph (ii) of the following paragraph:

“(ii) in case he is convicted of an offence under the said section 20 (3), to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both the fine and the imprisonment:

Provided that if a person is convicted in the same proceedings of two or more offences under the said section 20 (3) the aggregate term of imprisonment to which he shall be liable shall not exceed six months.”.

(8) Section 13 (2) of the Act of 1983 is hereby amended by the substitution for “£800” of “£1,000”.

(9) This section shall have effect as respects offences committed after the commencement of this section.

TABLE

Amendment ofAct of 1990.

21.—The Act of 1990 is hereby amended by the insertion in section 21 after “any decision of the authority” of “or the Board”.