340Validation provision in respect of section 287A

340 Validation provision in respect of section 287A (1) Subject to section 342— (a) a requirement to make a payment or a number of payments, or a purported requirement to make a payment or a number of payments, under section 287A(1) as in force at any time before the validation date is to be taken to be, and always to have been, a valid requirement, despite a failure by any person to comply with that section; and (b) any payment collected or received, or purportedly collected or received, under or for the purposes of section 287A(1) as in force at any time before the validation date is to be taken to be, and always to have been, validly collected or received, despite a failure by any person to comply with that section; and (c) any action, matter or thing taken, arising or done as a result or consequence of, or in reliance upon, such a requirement, collection or receipt or purported requirement, collection or receipt, whether under this Act or otherwise, is taken to be, and to always have been, valid and effective. (2) Without limiting subsection (1), that subsection applies with respect to the following— (a) a failure to consider either of the following matters in making a decision under or for the purposes of section 287A(1) as in force at any time before the validation date— (i) a change in use (however described) as specified in section 287A(1)(a) as in force at any time before the validation date; (ii) whether particular works or measures carried out, or to be carried out, offset the impact of change in use on the environment; (b) a failure to comply with section 287A as in force at any time before the validation date in respect of one or more of the following matters— (i) the nature or location of particular works or measures carried out, or to be carried out, including but not limited to whether the particular works or measures are capital works or measures, or relate to operation and maintenance; (ii) the person or body that carried out, or is to carry out, particular works or measures; (iii) the giving of, or failure to give, notices; (iv) the matters specified, or not specified, in notices; (c) a failure to comply with section 287A as in force at any time before the validation date in respect of the property to which a requirement to make a particular payment or a number of particular payments purported to relate, including but not limited to the following— (i) that the person imposing the requirement did so on the basis that the person was satisfied that particular environmental impacts were a result of a change in use in respect of that property and other properties, rather than a change in use in respect of that property only; (ii) otherwise in relation to the ownership or location of the property; (d) compliance, or lack of compliance, with a policy direction issued by the Minister. (3) To avoid doubt, a reference in this section to particular works or measures to be carried out includes a reference to particular works or measures to be carried out after the commencement of this section. S. 341 inserted by No. 23/2019 s. 99.