Industrial Development (Amendment) Act 2018
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: In this Act, “Act of 1986” means the Industrial Development Act 1986 .
num: 2
paragraphs: Section 2 of the Act of 1986 is amended by the insertion of the following definitions:
“ ‘Act of 1966’ means the Housing Act 1966 ;
‘IDA’ means the Industrial Development Agency (Ireland);”.
num: 3
paragraphs: Section 16 of the Act of 1986 is amended—
(a) in subsection (1)—
(i) by the substitution of “IDA, in furtherance of its functions (whether conferred by or under this Act or any other enactment), may, subject to sections 16A, 16B and 16C” for “the Authority may”,
(ii) by the substitution, in paragraph (h), of “authorised to do.” for “authorised to do,”, and
(iii) by the deletion of the following:
“if the Authority—
(i) considers that industrial development will or is likely to occur as a result, and
(ii) is satisfied that the undertaking conforms or will conform to the criteria set out in subsections (3) and (4) of section 21 or section 25(2).”,
(b) by the substitution, in subsection (2), of “IDA” for “the Authority”, and
(c) by the insertion of the following subsection after subsection (3):
num: 4
paragraphs: The Act of 1986 is amended by the insertion of the following section after section 16:
“16A. Subject to sections 16B and 16C, the powers conferred by subsection (1) of section 16 may be exercised—
(a) in respect of land not immediately required for the purpose referred to in that subsection if, in the opinion of IDA, the land will or is likely to be required for such a purpose in the future, and
(b) whether or not, at the time of the exercise of the powers concerned, an industrial undertaking is identified for such a purpose.”.
num: 5
paragraphs: The Act of 1986 is amended by the insertion of the following section after section 16A:
“16B. (1) The powers conferred by paragraph (f) of subsection (1) of section 16 may only be exercised where an industrial undertaking is identified for the purpose referred to in that subsection and IDA—
(a) considers that industrial development will or is likely to occur as a result of the exercise of those powers, and
(b) is satisfied as to the matters specified in subsections (3) and (4)(b), (c), (d) and (e) of section 21 in respect of that undertaking.
(2) In the case of land which has been compulsorily acquired under subsection (1) of section 16, the powers conferred by paragraph (f) of that subsection may only be exercised in respect of that land for the purpose of that subsection by way of the grant of a lease.
(3) This section is without prejudice to section 3(4) of the Industrial Development Act 1995 .”.
num: 6
paragraphs: The Act of 1986 is amended by the insertion of the following section after section 16B:
“16C. (1) The powers conferred by paragraphs (a), (b) and (c) of subsection (1) of section 16 may only be exercised compulsorily where an industrial undertaking is identified for the purpose referred to in that subsection and IDA—
(a) considers that industrial development will or is likely to occur as a result of the exercise of those powers,
(b) is satisfied as to the matters specified in subsections (3) and (4)(b), (c), (d) and (e) of section 21 in respect of that undertaking,
(c) is satisfied that the exercise of those powers will serve to promote or support national objectives for industrial development, and
(d) is authorised, in accordance with an order referred to in subsection (2), to exercise those powers.
num: 7
paragraphs: The Act of 1986 is amended by the insertion of the following section after section 16C:
“16D.(1) The Board shall have the same functions in relation to a compulsory purchase order made by IDA by virtue of subsection (2) of section 16C as it has under Part XIV of the Act of 2000 in relation to a compulsory acquisition of land by a local authority under the Act of 1966, and for that purpose, a reference (howsoever expressed) in the Act of 2000 to the functions transferred to the Board under that Part shall include a reference to the performance of those functions by the Board in relation to such an order.
(2) Without prejudice to the generality of subsection (1)—
(a) sections 216(1), 217(3), (5), (6), (6A) and (7), 217A, 217C(1), 218(1), (3) and (4), 219 and 221(1), (2), (3), (5), (7) and (8) of the Act of 2000 shall, with any necessary modifications, apply in relation to a compulsory purchase order made by virtue of subsection (2) of section 16C as if references in that Act to a local authority were to IDA, and
(b) sections 50 and 50A of the Act of 2000 shall, with any necessary modifications, apply in respect of the performance by the Board of its functions under subsection (1) in the same manner as those sections apply in respect of the performance by the Board of a function transferred under Part XIV of that Act.
(3) In this section—
‘Act of 2000’ means the Planning and Development Act 2000 ;
‘Board’ means An Bord PleanÃ¡la.”.
num: 8
paragraphs: The Second Schedule to the Act of 1986 is amended by—
(a) the substitution of “IDA” for “the Authority” in each place that it occurs, and
(b) the deletion of paragraphs 1, 2, 3 (other than subparagraph (2)) and 4.
num: 9
paragraphs: (1) This Act may be cited as the Industrial Development (Amendment) Act 2018 .
(2) This Act shall come into operation on such day or days as the Minister for Business, Enterprise and Innovation may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.