S.I. No. 29/1978 - Wildlife Act, 1976 (Acquisition of Land) Regulations, 1978.

S.I. No. 29 of 1978.

WILDLIFE ACT, 1976 (ACQUISITION OF LAND) REGULATIONS, 1978.

I, BRIAN LENIHAN, Minister for Fisheries, in exercise of the powers conferred on me by section 8 of the Wildlife Act, 1976 (No. 39 of 1976) as adapted by the Lands (Alteration of Name of Department and Title of Minister) Order, 1977 ( S.I. No. 29 of 1977 ), hereby make the following regulations:—

1. These Regulations may be cited as the Wildlife Act, 1976 (Acquisition of Land) Regulations, 1978.

2. In these Regulations "the Act" means the Wildlife Act, 1976 (No. 39 of 1976).

3. The notice required by section 55 (3) of the Act of the Minister's intention to make a purchase order shall specify the relevant land and state that such land is shown on a map or maps prepared for the purposes of the order and specify the place at which and the times during which such map or maps may be inspected, and subject to the foregoing the notice shall be either in Form 1 or Form 2 set out in the Schedule to these Regulations.

4. (1) Where the Minister proposes to acquire land under section 55 of the Act, any claim by a person to an interest in the relevant land shall be in writing and be signed by the person and shall specify the nature of the interest claimed.

(2) Subject to paragraph (3) of this Regulation, a claim referred to in paragraph (1) of this Regulation shall be lodged with, or sent by prepaid registered post to the Secretary, Department of Fisheries, (Forest and Wildlife Service) Dublin 2, not later than two months after—

( a ) the date of publication, or in case there are two or more dates of publication the later or latest of those dates, of the prescribed notice, or

( b ) the date of service of such notice,

whichever shall be the later.

(3) The Minister may, in his absolute discretion, extend as regards a particular case, the period within which the requirements of paragraph (2) of this Regulation are to be complied with.

SCHEDULE.

FORM 1.

DEPARTMENT OF FISHERIES.

(Forest and Wildlife Service).

THE FORESTRY ACTS, 1946 TO 1976, AND THE WILDLIFE ACT, 1976 .

NOTICE OF INTENTION TO MAKE A PURCHASE ORDER.

WHEREAS the Vendor/Vendors named in the Schedule hereto has/have agreed to sell to the Minister for Fisheries the interest/interests claimed by him/them in the land specified in the said Schedule, the Minister for Fisheries hereby gives notice that he intends to make a purchase order pursuant to subsection (2) of section 55 of the Wildlife Act, 1976 , in accordance with subsection (3) of that section vesting the said land in the Minister for Fisheries in the manner specified in subsection (4) (a) of that section.

A map of the said land may be inspected on any week-day at the Department of Fisheries, Forest and Wildlife Service, 22 Upper Merrion Street, Dublin 2, during business hours.

Any claim by a person to an interest in the said land should be made in writing to the Secretary, Department of Fisheries (Forest and Wildlife Service), 22 Upper Merrion Street, Dublin 2, not later than two months after—

( a ) the date of the service of this notice, or

( b ) (i) the date of publication of this notice in a newspaper in pursuance of section 55 (3) of the Wildlife Act. 1976, or

(ii) in case there is more than one such publication, the date of the last such publication,

whichever last occurs, and such claim should specify the nature of the interest claimed.

SCHEDULE.

SCHEDULE.

FORM 2.

DEPARTMENT OF FISHERIES

(Forest and Wildlife Service).

THE FORESTRY ACTS, 1946 TO 1976, AND THE WILDLIFE ACT, 1976 .

NOTICE OF INTENTION TO MAKE A PURCHASE ORDER.

WHEREAS: 1. the Vendor/Vendors named in Part I of the Schedule hereto has/have agreed to sell to the Minister for Fisheries the interest/interests claimed by him/them in the land specified in the said Part I,

2. the persons claiming the remaining interest/interests in the said land and named as reputed owners in the said Part I have agreed to exchange for the said remaining interest/interests an interest/interests in the land specified in Part II of the said Schedule,

the Minister for Fisheries hereby gives notice that he intends to make a purchase order pursuant to sub-section (2) of Section 55 of the Wildlife Act, 1976 , in accordance with subsection (3) of that section vesting in the owner/owners in common of the said remaining interest/interests the land specified in the said Part II to be held by him/them in the manner specified in subsection (4) (b) of that section and vesting the land specified in Part III of the said Schedule in the Minister for Fisheries in the manner specified in subsection (4) (a) of that section.

A map of the said land may be inspected on any week-day at the Department of Fisheries, Forest and Wildlife Service, 22 Upper Merrion Street, Dublin 2, during business hours.

Any claim by a person to an interest in the said land should be made in writing to the Secretary, Department of Fisheries (Forest and Wildlife Service), 22 Upper Merrion Street, Dublin 2, not later than two months after—

( a ) the date of the service of this notice, or

( b ) (i) the date of the publication of this notice in a newspaper in pursuance of section 55 (3) of the Wildlife Act, 1976 , or

(ii) in case there is more than one such publication, the date of the last such publication,

whichever last occurs, and such claim should set out the nature of the interest.

SCHEDULE.

PART I.

PART II.

PART III.

...........................................

Secretary.

GIVEN under my Official Seal, this 6th day of February, 1978.

(Signed) BRIAN LENIHAN,

Minister for Fisheries.

EXPLANATORY NOTE.

The purpose of these Regulations is to prescribe the form of the notice of the intention of the Minister to make a purchase order in pursuance of Section 55 of the Wildlife Act, 1976 , in respect of registered land.