Dáil Éireann Debate, Tuesday - 16 June 2015
777. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the options available to a local authority in pursuing the parties or persons responsible for a derelict site, and its demolition; if levies or fines are applied in such cases; the options that are available to pursue these parties or persons responsible to local authorities; and if he will make a statement on the matter. [23376/15]
View answerThe Derelict Sites Act 1990 requires that local authorities take all reasonable steps to ensure that any land within their functional area does not become or continue to be a derelict site. The definition of a “derelict site” for the purposes of the Act “ means any land which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of—
(a) the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or
(b) the neglected, unsightly or objectionable condition of the land or any structures on the land in question, or
(c) the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law”.
Local authorities have substantial powers under the Act, including powers (i) to establish a register of derelict sites in their functional areas, (ii) requiring owners or occupiers of sites to take specific measures which the authority considers necessary to address the dereliction within specified timeframes, (iii) to acquire a site by agreement or compulsorily in certain circumstances, and (iv) to impose a derelict sites levy on registered sites in urban areas or other areas prescribed by the Minister for the Environment, Community and Local Government to be an urban area for the purposes of the Act. The Act further provides that where the owner or occupier of a derelict site does not carry out the works as required by the local authority , the local authority has the power to carry out the works and recover any costs incurred from the owners or occupiers of the site. Section 23 of the Act provides that where a levy is being applied, the rate of levy shall be three per cent of the market value of the site as determined by the local authority. Derelict sites may be acquired by a local authority for any purpose connected with their functions.
Any person who contravenes specific provisions of the Act may be prosecuted by the local authority in whose functional area the offence is committed, and on conviction be subject to a fine and/ or a term of imprisonment. The amount of fine or term of imprisonment that may be imposed is a matter for the Court and is dependent on whether the person is convicted summarily or on indictment.
