64Civil enforcement proceedings

64 Civil enforcement proceedings

(1)  [Section 64 Subsection (1) amended by No. 59 of 2013, s. 32, Applied:01 Feb 2015] [Section 64 Subsection (1) amended by No. 26 of 2007, s. 25, Applied:01 Aug 2007] [Section 64 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Where a person contravenes or fails or is likely to contravene or fail to comply with a provision of this Part, other than section 48AA or 48A or section 63A , a person, other than the Commission or a planning authority, who has, in the opinion of the Appeal Tribunal, a proper interest in the subject matter may apply to the Appeal Tribunal for an order under this section.

(1A)  [Section 64 Subsection (1A) amended by No. 33 of 2022, s. 36, Applied:17 May 2023] [Section 64 Subsection (1A) inserted by No. 59 of 2013, s. 32, Applied:01 Feb 2015] An applicant may only make an application under subsection (1) in relation to a contravention of or failure to comply with section 63(2) , or a likely contravention of or likely failure to comply with section 63(2) , by a person other than a planning authority if –

(a) the applicant has given, to the planning authority in whose municipal area is situated the land to which the contravention or failure relates, a notice in writing under section 63B(1) in relation to the contravention or failure; and

(b) subsection (1B) applies in relation to the contravention or failure.

(1B)  [Section 64 Subsection (1B) inserted by No. 59 of 2013, s. 32, Applied:01 Feb 2015] This subsection applies in relation to a contravention or failure –

(a) if –

(i) the planning authority has notified the applicant under of a determination that chargesare not to be laid, or an infringement notice under , or an enforcement notice under , is not to be issued and served on a person, in relation to the contravention or failure; and