Local Government (Planning and Development) Act, 1976

Amendment of Part VI of Principal Act.

41.—Part VI of the Principal Act is hereby amended by—

(a) the substitution in paragraph (a) of section 55 (2) of “compensation is agreed or determined” for “of the decision”;

(b) the insertion in paragraph (a) of section 55 (6) of “, the Board” after “planning authority”;

(c) the insertion in paragraph (c) of section 56 (1) of the following subparagraph after subparagraph (iv):

“(iva) measures to reduce or prevent air pollution or the emission or the intrusion of noise or vibration,”;

(d) the insertion in section 58 (1) of “or the Board, as the case may be” after “by the Minister”;

(e) the substitution in paragraph (b) of section 59 (1) of “sections 56, 57 and 58” for “sections 56 and 57”;

(f) the addition of the following proviso to section 61 (1):

“; provided that unless an application having been made to him in that behalf, the Minister makes an order declaring that he is satisfied that it would not be just and reasonable in the particular circumstances that payment of compensation should be prevented by the provisions of this proviso, no compensation shall be paid under this section in relation to damage resulting from the imposition under section 37 of this Act of conditions on the continuance of the use of land, being conditions imposed in order to avoid or reduce serious air or water pollution or the danger of such pollution”; and

(g) the substitution in section 61 of the following subsection for subsection (2):

“(2) Subsection (1) of this section shall not apply where the use of land is use for the exhibition of advertising unless at the time of such discontinuance or compliance the land had been used for the exhibition of advertising for less than five years, whether such use was continuous or intermittent or whether or not, while the land was being so used, advertising was exhibited at the same place on the land.”.