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Compensation where another enactment applies or might be applied.
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67.—(1) This section applies to every provision in a planning scheme which is identical or substantially identical with or to the same effect as any of the following enactments (in this section referred to as identical enactments), that is to say:—
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(a) an enactment contained in a statute (whether public general, public, local or private) which, at the date of the coming into operation of such provision, is in force in the area to which such provision applies, or
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(b) an enactment contained in an order, bye-law, or regulation in force at the date and in the area mentioned in the next preceding paragraph of this sub-section and made under any such statute as is mentioned in that paragraph, or
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(c) an enactment which could, at the date of the coming into operation of such provision, have been lawfully contained in an order, bye-law, or regulation made by a local authority (without confirmation or other action by the Oireachtas) in respect of the area to which such provision applies under any such statute as is mentioned in the first paragraph of this sub-section, or
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(d) an enactment contained in a public general or public statute which, at the date of the coming into operation of such provision, is not in force in the area to which such provision relates but could at that date have been lawfully adopted by a local authority or otherwise put in force in that area without confirmation or other action by the Oireachtas, or
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(e) an enactment which could, at the date of the coming into operation of such provision, have been lawfully contained in an order, bye-law, or regulation made by a local authority (without confirmation or other action by the Oireachtas) in respect of the area to which such provision applies under any such statute as is mentioned in the next preceding paragraph of this sub-section if such statute were at that date in force in that area.
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(2) Where, in the case of a provision in a planning scheme to which this section applies, no compensation is payable under the identical enactment, or would have been payable thereunder if it had been in force, in respect of injury caused by the coming into operation of such identical enactment or by the doing of any particular thing under such identical enactment, then no compensation shall be payable under this Act in respect of the coming into operation of the said provision or the doing of such particular thing under such provision, as the case may be.
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(3) Where, in the case of a provision in a planning scheme to which this section applies, compensation is payable under the identical enactment, or would have been payable thereunder if it had been in force, in respect of injury caused by the coming into operation of such identical enactment or the doing of any particular thing under such identical enactment, then no greater amount of compensation shall be payable under this Act in respect of the coming into operation of the said provision or the doing of such particular thing under such provision (as the case may be) than is or would be payable in the same circumstances under such identical enactment.
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