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Development by State authorities.
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2.—(1) (a) Without prejudice to section 4 of the Principal Act, the Minister may, by regulations, provide that the Acts shall not apply to any specified class or classes of development by or on behalf of a State authority where—
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(i) such development is, in the opinion of the Minister, in connection with or for the purposes of public safety or order, the administration of justice or national security or defence; or
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(ii) the carrying out of such development requires to be authorised by or under any enactment (whether such authorisation takes the form of the grant of a licence, consent, approval or any other type of authorisation),
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and for so long as such regulations are in force the Acts shall not apply to the said class or classes of development.
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(b) The Minister may, where he considers it necessary or expedient to do so, by regulations provide for any or all of the following matters in relation to any class or classes of development to which regulations under paragraph (a) apply, namely:
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(i) the publication by a State authority of any specified notice with respect to development that it proposes to carry out or to have carried out on its behalf (hereafter in this paragraph referred to as “proposed development”),
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(ii) the giving by a State authority, to the planning authority for the area in which proposed development is to be carried out or any other specified person, of any specified notice, documents, particulars, plans or other information with respect to the proposed development,
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(iii) the making available for inspection by members of the public of any specified documents, particulars, plans or other information with respect to proposed development,
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(iv) the preparation of an environmental impact statement with respect to proposed development, the contents of such a statement and the making available for inspection or purchase by members of the public of such a statement,
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(v) the making of submissions or observations to a State authority with respect to proposed development,
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(vi) the reference to a specified person of any dispute or disagreement with respect to proposed development between a State authority and the planning authority for the area in which the proposed development is to be carried out,
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(vii) requiring a State authority, in deciding whether proposed development is to be carried out, to have regard to any specified matters or considerations.
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(2) (a) Where development is proposed to be carried out by or on behalf of a Minister of the Government or the Commissioners, the Minister of the Government concerned or, in the case of development proposed to be carried out by or on behalf of the Commissioners, the Minister for Finance may, if he is satisfied that the carrying out of the development is required by reason of an accident or emergency, by order provide that the Acts or, as may be appropriate, any requirement or requirements of regulations under subsection (1) (b) specified in the order shall not apply to the development and for so long as such an order is in force the Acts or the said requirement or requirements, as the case may be, shall not apply to the development.
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(b) A Minister of the Government may by order revoke an order made by him under paragraph (a).
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(c) A Minister of the Government shall cause an order made by him under this subsection to be published in the Iris Oifigiúil and notice of the making of the order to be published in a newspaper circulating in the area of the development concerned.
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(3) Regulations under subsection (1) (b) may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient and, without prejudice to the generality of the foregoing, may include provisions modifying or adapting any enactment or instrument made under an enactment for the purpose of enabling the regulations to have full effect.
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