The information requested is set out in the following table:
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Provisions not commenced |
Expected commencement date |
Reason commencement order not made to date |
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Air Pollution Act, 1987: Section 9 |
This section provides for the repeal of certain Acts and Regulations in whole or in part. While section 9 has been commenced in respect of some provisions, others are still extant and it is not appropriate to commence the remainder of this section as yet |
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Air Pollution Act, 1987: Sections 20, 21, 22, 23 and 25 |
In regulations transposing Directive 1999/30/EC which are currently in preparation. |
The need for the Minister to avail of these powers has not generally arisen to date. However, all except Section 25 are now required and will be commenced in new regulations currently in preparation |
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Provisions not commenced |
Expected commencement date |
Reason commencement order not made to date |
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Planning and Development Act, 2000: Section 239 – Funfairs |
Autumn 2002 |
Consultations with relevant interests have not been completed |
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Planning and Development Act, 2000: Section 261 – Control of Quarries |
Summer 2002 |
Guidelines for local authorities on implementation of this section to be prepared in advance of commencement. Consultations with industry have begun |
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Local Government Act, 2001: Part 5 of Chapter 3 |
2004 |
The Act provides that these provisions come into operation in 2004 |
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Local Government Act, 2001– Parts 6 and 7– Part 8– Part 9 Chapter 5– Parts 11 and 12– Part 15– Parts 17 to 21 |
The Act is being implemented on a phased basis and almost two-thirds has been commenced. The Parts listed and some related sections-schedules will be phased into operation on foot of further commencement orders made over the coming year. This is as part of a structured implementation programme |
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Road Traffic Act, 1994: Section 25 |
It is intended to commence this section in association with the development of the proposed Penalty Points System |
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Road Traffic Act, 1961: Section 93 (as amended by section 61 of the Road Traffic Act, 1968) – which will allow bridge authorities to erect prescribed signs and notices on the approaches to a bridge to restrict its use by heavy vehicles |
Co-ordinate with the completion of a general review of traffic and parking and signs regulations which is due to re-commence in 2002 |
Regulations have to be prepared to prescribe the form of notice to be placed on bridges, the signs to be used at the bridges and on the approach roads, and any appeal procedures to the Minister under section 93(3) |
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Road Traffic Act, 1968: Section 58 – which amends section 86 of the Road Traffic Act, 1961 |
No current proposals to commence this section which it is proposed to repeal under the Road Traffic Bill 2001. |
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Local Government (Water Pollution) Act, 1977: Section 25 |
No plans to commence |
Not required |
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Environmental Protection Agency Act, 1992: Section 93 |
No plans to commence |
There are no current plans for charges of the type envisaged |
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Environmental Protection Agency Act, 1992: Sections 102 and 103 |
No plans to commence |
These sections deal with assigning powers to the EPA to make Air and Water Quality Management Plans, and to set air and water quality standards. The need for the EPA to use these powers has not arisen to date as such management plans are made by local authorities and relevant quality standards have been set using other legislative provisions |
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Environmental Protection Agency Act, 1996: Section 105 |
No plans to commence |
This section provides for the holding of inquiries by the EPA into incidents of environmental pollution. Since the Act was enacted, no incident has arisen which would warrant the type of inquiry envisaged. Incidents of environmental pollution can be investigated by the EPA under section 104 |
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Environment Protection Agency Act, 1992: Parts of the First Schedule |
No plans to commence prior to amending the Schedule for the purposes of EU Directive 96/61/EC |
The First Schedule is fully commenced for new activities and substantially commenced for existing activities. A Bill to amend the Act, primarily for the purpose of transposing EU Directive 96/61/EC on integrated pollution prevention and control, is being drafted |
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Finance Act, 1976: Sections 68, 69, 70, 72 and 75 |
No plans to introduce continuous liability for motor tax at present |
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Finance Act, 1993: Section 59(2) |
No plans to commence this section at the current time |
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Provisions not commenced |
Expected commencement date |
Reason commencement order not made to date |
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Electoral Act, 1997: Section 78 |
Section 78 will not be commenced until consultations with An Post have taken place on the implications of the operation of the proposed arrangements |
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Electoral Act, 1997: Section 79 |
Section 79 will not be commenced until consultations with returning officers have taken place on the implications of the provision |
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Electoral (Amendment) Act, 2001: Section 17 |
Will not be commenced |
Amendment provided for in Section 17 is related to the return of deposits and will no longer be necessary following the High Court decision in the Redmond Case |
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Electoral (Amendment) Act, 2001: Section 22 |
Section will be commenced following an examination of the practical difficulties involved in including additional information on the polling information card |
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Electoral (Amendment) Act, 2001: Section 53 |
Will not be commenced |
Amendments have been made in the Local Government Act, 2001 |
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Electoral (Amendment) Act, 2001: Section 54(k) |
Will not be commenced |
Not necessary following the abolition of the position of Alderman in the Local Government Act, 2001 |