Harbours (Amendment) Act 2009

Transfer of certain Ministerial functions to Bord Pleanála.

7.— (1) In this section “ Act of 2006 ” means the Planning and Development (Strategic Infrastructure) Act 2006 .

(2) The Planning and Development Act 2000 is amended—

(a) in section 2(1) by substituting the following for paragraph (h) of the definition of “ strategic infrastructure develop ment ” (inserted by section 6 of the Act of 2006)—

“(h) any compulsory acquisition of land referred to in section 214, 215A, 215B or 215C, being an acquisition related to development specified in any of the preceding paragraphs of this definition;”,

(b) by inserting the following section after section 215B:

“Transfer of certain Ministerial functions under Harbours Act 1996.

215C.— (1) The functions of the Minister for Transport under section 16 of, and the Fourth Schedule to, the Harbours Act 1996 , as amended, in relation to the compulsory acquisition of land for the purposes set out in that section are transferred to, and vested in, the Board and, subject to section 7 (3) of the Harbours (Amendment) Act 2009, relevant references in that Act to the Minister for Transport shall be construed as references to the Board and any connected references shall be construed accordingly.

(2) The transfer of the functions of the Minister for Transport in relation to the compulsory acquisition of land in accordance with subsection (1) shall include the transfer of all necessary ancillary powers in relation to substrata of land, easements, rights over land (including wayleaves and public rights of way), rights over land or water or other such functions as may be necessary in order to ensure that the Board can fully carry out its functions in relation to the enactments referred to in subsection (1).”,

(c) in section 217C (inserted by section 38 of the Act of 2006) by substituting in subsection (1) “section 214, 215A, 215B or 215C” for “section 214, 215A or 215B”,

(d) in section 218 (inserted by section 39 of the Act of 2006)—

(i) by substituting in subsection (1) “section 214, 215, 215A, 215B or 215C” for “section 214, 215, 215A or 215B”, and

(ii) by substituting in subsection (4) “sections 214 to 215C” for “sections 214 to 215B”,

(e) in section 219 (inserted by section 40 of the Act of 2006)—

(i) by substituting “section 214, 215, 215A, 215B or 215C” for “section 214, 215, 215A or 215B”, and

(ii) by substituting “section 215A, 215B or 215C” for “section 215A or 215B”,

(f) in section 221—

(i) by substituting in subsection (1) “section 214, 215, 215A, 215B or 215C” for “section 214, 215, 215A or 215B” (inserted by section 41 of the Act of 2006),

(ii) by substituting in subsection (2) “section 214, 215, 215A, 215B or 215C” for “section 214, 215, 215A or 215B” (as so inserted),

(iii) by substituting in subsection (5) “section 214, 215, 215A, 215B or 215C” for “section 214, 215, 215A or 215B” (as so inserted), and

(iv) by substituting in subsection (7) “section 214, 215, 215A, 215B or 215C” for “section 214, 215, 215A or 215B” (as so inserted),

and

(g) in section 223—

(i) by substituting in subsection (1) “section 214, 215, 215A, 215B or 215C” for “section 214, 215, 215A or 215B” (inserted by section 42 of the Act of 2006), and

(ii) by substituting in subsection (2) “section 214, 215, 215A, 215B or 215C” for “section 214, 215, 215A or 215B” (as so inserted).

(3) For each provision of the Fourth Schedule to the Principal Act specified in the first column of Schedule 1 there is substituted for the words set out in the second column of that Schedule opposite that provision the words set out in the third column of that Schedule opposite the words in the second column of that Schedule.