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Amendment of section 285 of Act of 2000
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251. Section 285 of the Act of 2000 is amended—
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(a) in subsection (2) —
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(i) in paragraph (b), by the deletion of “or” last occurring,
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(ii) in paragraph (b)(ii), by the substitution of “1933, or” for “1933.”,
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and
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(b) by the insertion of the following paragraph after paragraph (b):
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“(c) subject to subsection (3), on the commencement of section 251 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023—
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(i) that was the subject of either—
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(I) a lease made, on or after 1 October 2017, under section 2 of the Act of 1933 authorising the lessee to do, for the purposes of the development, one or more than one of the acts referred to in that section, or
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(II) a license granted, on or after 1 October 2017, under section 3 of the Act of 1933 authorising the licensee to do, for the purposes of the development, one or more than one of the acts referred to in that section,
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(ii) for which permission under Part III was not required, and
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(iii) that—
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(I) has been completed,
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(II) has commenced but has not been completed, or
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(III) has not commenced.”,
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and
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(c) by the insertion of the following subsections after subsection (2):
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“(3) Subsection (2) shall cease to apply to any development referred to in paragraph (c) of that subsection which has not been completed on or before the 5th anniversary of the date of commencement of section 251 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023.
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(4) (a) Where subsection (2) applies to any development referred to in paragraph (c) of that subsection and the development is the subject of a lease referred to in subparagraph (i)(I) of that paragraph, the provisions of section 2 of the Act of 1933 relevant to the lease shall be deemed to apply to the carrying out of the development.
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(b) Where subsection (2) applies to any development referred to in paragraph (c) of that subsection and the development is the subject of a licence referred to in subparagraph (i)(II) of that paragraph, the provisions of section 3 of the Act of 1933 relevant to the licence shall be deemed to apply to the carrying out of the development.
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(c) Where development referred to in paragraph (c) of subsection (2) required, as appropriate—
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(i) an environmental impact assessment,
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(ii) an appropriate assessment,
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(iii) both an environmental impact assessment and an appropriate assessment,
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to be carried out, subsection (2) shall not apply to the development unless the assessment was, or those assessments were, as the case may be, carried out before, as appropriate, the making of the lease or the granting of the licence concerned.”.
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