Forestry Act, 1946
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Authorisation to the Minister to acquire land compulsorily. |
23.—(1) (a) If the Minister desires to acquire any land for the purposes of this Act but is unable to acquire the land by agreement expeditiously, he may apply to the Lay Commissioners for an order under this section authorising him to acquire the land compulsorily in accordance with this Chapter. | |
(b) A certificate under the official seal of the Minister certifying that he has been unable to acquire any specified land by agreement expeditiously shall, for the purposes of this subsection, be conclusive evidence of the fact so certified. | ||
(2) The Minister shall, immediately upon making an application for an acquisition order in respect of any land, do the following things:— | ||
(a) publish the prescribed notice of the application in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the land is situate, and | ||
(b) serve a copy of such notice on the occupier (if any) of the land and on the person who appears to the Minister to be the owner of the land, if it is reasonably practicable to ascertain that person. | ||
(3) Where an application for an acquisition order in respect of any land has been made, the Lay Commissioners shall hear the application, after publishing the prescribed notice of the hearing in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the land is situate, and may, subject to the subsequent provisions of this section,— | ||
(a) make the order, or | ||
(b) make the order with the exclusion therefrom of any specified part of the said land, or | ||
(c) refuse the application. | ||
(4) No acquisition order shall be made in respect of any land— | ||
(a) which, in the opinion of the Lay Commissioners, is required for the amenity or convenience of a dwelling-house, or | ||
(b) which is the property of a local authority, or | ||
(c) which has been acquired by any corporation or company for the purposes of a railway, dock, canal, water or other public undertaking, or | ||
(d) which is the site of a national monument, within the meaning of the National Monuments Act, 1930 (No. 2 of 1930), and is owned by the Commissioners. | ||
(5) An acquisition order in respect of any land may provide for the continuance of an existing easement in or over the land or for the creation, in lieu of an existing easement, of any new easement in or over the land. | ||
(6) Where an acquisition order in respect of any land has been made by the Lay Commissioners, the occupier or the owner of the land may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, and the Appeal Tribunal may, on such appeal,— | ||
(a) revoke the order, or | ||
(b) confirm the order as so made, or | ||
(c) vary the order by excluding part of the land. | ||
(7) Where— | ||
(a) an acquisition order has been made by the Lay Commissioners in respect of any land which is subject to an easement, and | ||
(b) the order does not provide for the continuance of that easement or for the creation, in lieu thereof, of a new easement, | ||
the person entitled to that easement may, within two months after the making of the order, appeal to the Appeal Tribunal against the order in so far as it does not contain the said provision, and the Appeal Tribunal may, on such appeal,— | ||
(i) confirm the order as so made, or | ||
(ii) vary the order by including the said provision therein. | ||
(8) Where an application for an acquisition order in respect of any land is refused, the Minister may, within two months after such refusal, appeal to the Appeal Tribunal against such refusal, and the Appeal Tribunal may, on such appeal,— | ||
(a) affirm the refusal, or | ||
(b) make the order either as respects the whole of the land or any specified part thereof and, in case such land is subject to an easement, provide, if they think fit, for the continuance of such easement or for the creation, in lieu thereof, of a new easement. | ||
(9) Where— | ||
(a) an application for an acquisition order in relation to any land (in this subsection referred to as the required land) has been made, and | ||
(b) the order has been made by the Lay Commissioners with the exclusion therefrom of any particular part of the required land, | ||
the Minister may, within two months after the making of the order, appeal to the Appeal Tribunal against such exclusion, and the Appeal Tribunal may, on such appeal,— | ||
(i) confirm the order as so made, or | ||
(ii) confirm the order and delete therefrom the said exclusion and, if they so think fit, provide instead for the exclusion therefrom of any particular part of the required land. | ||
(10) Where— | ||
(a) an acquisition order in respect of any land has been made by the Lay Commissioners, and | ||
(b) the order provides for the continuance of an existing easement in or over the land or for the creation, in lieu of an existing easement, of a new easement in or over the land, | ||
the Minister may, within two months after the making of the acquisition order, appeal to the Appeal Tribunal against such provision, and the Appeal Tribunal may, on such appeal,— | ||
(i) confirm the order, or | ||
(ii) vary the order by deleting therefrom the said provision. | ||
(11) The Minister and any person interested (whether as occupier or owner or as being entitled to an easement) in any land which is the subject of an application or an appeal under this section shall be entitled to be heard on the hearing of the application or appeal. | ||
(12) If the Lay Commissioners or the Appeal Tribunal (as the case may be) are satisfied that after diligent inquiry the owner of the land to which an application or appeal under this section relates cannot be found or ascertained, the application or appeal may be heard and determined, notwithstanding the fact that such owner has not been found or ascertained. | ||
(13) (a) An acquisition order made by the Lay Commissioners shall not come into force save as is provided by paragraphs (b) or (c) of this subsection. | ||
(b) Where an acquisition order is made by the Lay Commissioners and no appeal in respect of it is taken under subsection (6), (7), (9) or (10) of this section, it shall come into force immediately upon the expiration of two months after it is made. | ||
(c) Where an acquisition order made by the Lay Commissioners is confirmed or varied by the Appeal Tribunal under subsection (6), (7), (9) or (10) of this section, it shall come into force on the date on which it is so confirmed or varied. | ||
(d) Where an acquisition order is made by the Appeal Tribunal under subsection (8) of this section, it shall come into force on the date on which it is made. | ||
(14) Every acquisition order shall remain in force for the period of two years commencing on the date on which it came into force and no longer. | ||
(15) Every acquisition order shall have attached thereto a map or plan showing the land in respect of which the acquisition order is made. | ||
(16) Where an acquisition order in respect of any land comes into force, the Land Commission shall as soon as may be thereafter— | ||
(a) publish, in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the land is situate, a notice (which shall specify the place at which the acquisition order may be inspected and the times for inspection) of the making of the order, and | ||
(b) serve a copy of such notice on every person who appears to the Land Commission to have any interest in the land. |