Local Government (Planning and Development) Act, 1976
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Summary proceedings. |
30.—(1) Subject to subsection (2) of this section, summary proceedings to which this section applies may be commenced— | |
(a) at any time within six months from the date on which the offence was committed, or | ||
(b) at any time within three months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are instituted, to justify proceedings comes to such person's knowledge, | ||
whichever is the later. | ||
(2) Summary proceedings mentioned in subsection (1) of this section shall not be instituted later than five years from the date on which the offence was committed. | ||
(3) For the purposes of this section, a certificate signed by or on behalf of the person instituting the proceedings as to the date on which evidence described in subsection (1) of this section came to the knowledge of such person shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this section and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown. | ||
(4) Subsection (1) of this section shall have effect notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 . | ||
(5) This section applies to the following summary proceedings, namely: | ||
(a) summary proceedings pursuant to section 26 of this Act or in respect of a contravention of section 24 (2) of the Principal Act and which are instituted by the planning authority in whose area the offence is alleged to have been committed, | ||
(b) summary proceedings pursuant to section 32 or 33 of this Act. |