S.L. 552.24 · Daily Penalty And (S.L. 552.24)
S.L. 552.24 Art. 6Requests to the Authority to pay compromise penalties.
(1) The Authority shall examine formal written requests from persons served with a notice under article 86 or article 88 of the Environment and Development Planning Act who have become liable to a penalty established by the notice, to pay a compromise penalty instead. Any such request shall specify the impelling reason or reasons why the penalty established in the notice should not be paid, as well as the manner in which the fine is to be varied.
(2) The Authority may accede to the request in part or in whole when there are impelling reasons for it to do so and may establish different periods for the applicability of the daily penalty from that specified in the notice.
(3) When an agreement on a compromise penalty has been reached between the Authority and the person making the request to pay the compromise penalty, the Tribunal shall not consider petitions submitted under regulation 5 in relation to the same penalty.
(4) The Authority may, with the approval of the Minister, delegate the examination of the formal written requests described under sub-regulation (1) to a sub-committee composed of three of its members, one of whom shall be either the Chairman of the Authority or one of the chairpersons of the Environment and Planning Commission, who shall chair the sub-committee. The provisions of Schedule 1 of the Environment and Development
Planning Act shall mutatis mutandis apply to this sub-committee and its decisions shall be construed as decisions of the Authority for the purposes of the Act and any subsidiary legislation made thereunder. The sub-committee shall report to the Authority at least every three months. DAILY FINES SCHEDULE
NOTIFICATION DATE +
0 - 16 17 - 50 51 - 180 181 - 365 366 days days days days days + illegal development covered in Categories nil €2 daily €2 daily €2 daily €4 daily C Development within the elopment zone that consists of: a built footprint that exceeds 50m2, except for greenhouses, agricultural tunnels/clochés, and development related to registered livestock farms; or the creation of a separate unit of a residential, office, nil €4 daily €10 daily €20 daily €25 daily commercial/retail, Class industrial, warehousing, open scrap/ vehicular/machinery/ boat/yacht storage, entertainment/leisure, gaming, stable, boathouse, beachroom nature; or changes of use;
a billboard or advert has a display area of 2
NOTIFICATION DATE CATE-0 - 16 17 - 50 51 - 180 181 -GORY days days days days Development that consists of: I_) all development covered in Category B that is located O.D.Z., as well as development covered in B(III_) that is located in an U.C.A.; or II_) excavations in a scheduled Area of Archaeological Importance that exceed a footprint area of 15m2; or III_) the demolition of C nil €10 daily €20 daily €40 scheduled buildings or parts thereof, or the damaging of historic fabric within scheduled property; or IV_) the deposition of material or concreting/ asphalting/paving or excavations/quarrying, over parts of scheduled land or S.A.C.s, which parts are themselves of natural heritage value, that exceed a footprint 2 area of 75m . In case of multiple illegalities on the same site at time of issue of an Notice, the highest rate for the illegal development carried out after the effect of these provisions, will be imposed. Illegalities in breach of existing Enforcement Notices, will individually and additionally.
Änderungsgeschichte
- Amended by L.N. 124 of 2015
Verweist auf
- S.L. 552.24 Art. 86
- S.L. 552.24 Art. 88