Postal and Telecommunications Services Act, 1983

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SECOND SCHEDULE

Provisions Relating to Compulsory Acquisition

Section 44 .

Application for acquisition order.

1. (1) Where a company proposes to acquire any land, easement or other right over land under section 44 the company may apply to the Minister for an order under this Schedule authorising it to acquire the property compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in paragraph 5.

(2) The company shall publish the prescribed notice of the application in Iris Oifigiúil and in one or more newspapers circulating in the locality in which the property is situate and serve a copy of the notice on every person who appears to the company to have an estate or interest in the property, so far as it is reasonably practicable to ascertain such persons.

(3) The notice shall include a provision notifying persons having an estate or interest in the property that they have a right to lodge with the Minister within a prescribed time an objection to the making of an order and specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected.

(4) The Minister shall—

(a) appoint an arbitrator to hear and determine any objection, or

(b) if in his opinion the objection is of such a nature that it can be determined without arbitration, himself decide on the application and he may, if he thinks fit, appoint an adviser to assist him in relation thereto.

(5) The Minister shall publish prescribed notice of every hearing by arbitration in Iris Oifigiúil and in one or more newspapers circulating in the locality in which the property is situate.

(6) The company and any person having an estate or interest in the property shall be entitled to be heard and adduce evidence at the arbitration.

Making of acquisition order.

2. (1) Where no objection to the application of the company is lodged within the prescribed time or any such objection is rejected by the Minister, the Minister shall make an order authorising the company to acquire the property compulsorily in accordance with the terms of its application.

(2) Where the arbitrator decides that no objection to the application is sustainable the Minister shall make the order in accordance with its terms.

(3) Where the arbitrator recommends, in consequence of any objection, that the order should be made with modifications, whether by the exclusion of any part of the property comprised in the application or subject to any other variation, the Minister shall, unless the company withdraws its application, make the order subject to such modifications.

(4) Where the arbitrator upholds an objection the Minister shall not make the order.

Entry on land, etc., before conveyance.

3. (1) At any time after the making of an acquisition order and before conveyance or ascertainment of price, the company may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired.

(2) Where the company exercises any power under the foregoing subparagraph, it shall be liable to pay, to the occupier of the land which is to be acquired or in respect of which the right is to be exercised, interest on the amount of the price payable to such occupier at such rate as the Minister for Finance shall from time to time determine for the purposes of this Schedule from the date of entry until payment of the price.

(3) The company shall not—

(a) enter on or take possession of any land under this paragraph without giving to the occupier at least three months' previous notice in writing of its intention so to do,

(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised at least three months' previous notice in writing of its intention so to do.

Service of notice.

4. (1) A notice under this Schedule may be served on any person by sending it by registered post in an envelope addressed to him at his usual or last known address.

(2) Where, for any reason, the envelope cannot be so addressed, it may be addressed to the person for whom it is intended in either of the following ways:

(a) by the description “the occupier” without stating his name,

(b) at the land to which the notice relates.

Deposit of maps, plans, etc.

5. (1) The company shall cause maps, plans and books of reference to be deposited in accordance with this paragraph.

(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.

(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.

(4) The maps, plans and books of reference shall be deposited at the registered office of the company and at such other places as the company considers suitable and shall remain so deposited for at least three months and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays and bank holidays.

Assessment of price.

6. (1) The amount of the price to be paid by the company for any land acquired to the several persons entitled thereto or having estates or interests therein, or for any right acquired to the several persons entitled to or having estates or interests in the land in respect of which the right is exercised, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 .

(2) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to the said price and to the conveyance to the company of the land or right acquired, and for the purpose of the application the company shall be deemed to be the promoters of the undertaking.

Interpretation.

7. In this Schedule “prescribed” means prescribed by regulations made by the Minister.