Land Act, 1965
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Exoneration of Minister for Lands and Land Commission from certain obligations and liabilities. |
10.—(1) For the purpose of removal of doubt, it is hereby declared that, subject to subsection (2) of this section, nothing contained in or done under the Land Purchase Acts or any other enactment or any rule of law or any implied contract shall operate or be deemed ever to have operated to impose on the Minister for Lands or the Land Commission— | |
(a) any obligation to cleanse, maintain, repair or restore any works, or | ||
(b) any liability in respect of an act or omission of an officer, servant or agent of the Minister or the Land Commission (not being a negligent act or omission) in relation to the construction, cleansing, maintenance, repair or restoration of any works, being an act or omission constituting a tort on or in relation to any land purchased or agreed to be purchased under the Land Purchase Acts or dealt with under the Irish Church Act, 1869 , or the Irish Church Act Amendment Act, 1881 , or the Congested Districts Board (Ireland) Acts, or on or in relation to any land adjoining such first-mentioned land. | ||
(2) Where land is during any period in the sole and exclusive occupation of the Land Commission, subsection (1) of this section shall not operate to relieve the Land Commission during such period from— | ||
(a) any obligation (however imposed or arising) to cleanse, maintain, or restore any works on that land, or | ||
(b) any liability in respect of any act which was done, or omission which occurred, when carrying out the construction, cleansing, maintenance, repair or restoration of any works, being an act or omission constituting a tort on or in relation to that land or on or in relation to any land adjoining such first-mentioned land. | ||
(3) The fact that the Land Commission has at any time or times constructed, cleansed, maintained, repaired or restored any works shall not, of itself, operate or be deemed ever to have operated to impose a liability on the Land Commission to cleanse, maintain, repair or restore such works. |