First Previous (Chapter III. Transfer to the Minister of Certain State Fisheries.) Next (Chapter V. Management, Operation, and Disposal of Vested Fisheries.)

17 1939

FISHERIES ACT, 1939

Chapter IV.

Acquisition of Lands, etc., by the Minister for Purposes of the Management, Operation and Protection of Vested Fisheries.

Acquisition of land, etc., by the Minister.

73. —(1) The Minister may, for the purposes of the management, operation, or protection of a vested fishery, do all or any of the following things, that is to say:—

(a) acquire (either compulsorily or by agreement) any lands or premises (including in case such fishery is a mill-dam fishery, the fishing mill-dam by means of part whereof such fishery is carried on and any mill or other premises connected with or depending on such dam for a supply of water);

(b) acquire (either compulsorily or by agreement) any easement, way-leave or other right whatsoever over or in respect of any lands or premises;

(c) terminate, restrict or otherwise interfere with (either compulsorily or by agreement) any easement, way-leave, or other right whatsoever existing over or in respect of any lands or premises.

(2) Nothing in sub-section (1) of this section shall authorise the Minister to acquire compulsorily—

(a) any land vested in the State or any right over or in respect of such land;

(b) any enclosed premises, yard, garden, or land surrounding a dwellinghouse or any right over or in respect of such premises, yard, garden or land.

(3) Nothing in sub-section (1) of this section shall authorise the Minister to acquire (compulsorily or by agreement), save with the consent of the Irish Land Commission, any land which is subject to a land purchase annuity or any right over or in respect of such land.

(4) Where the Minister proposes to acquire (either compulsorily or by agreement) any land or premises held or occupied by a local authority or any body corporate for the purposes of any railway, tramway, dock, canal, water, gas, electricity or other public undertaking, or to acquire or terminate, restrict or otherwise interfere with (either compulsorily or by agreement) any easement, way-leave or other right whatsoever existing over or in respect of any such land or premises, he shall before so doing consult with the Minister for Industry and Commerce.

(5) The Minister, before conveyance or ascertainment of price or compensation, but subject to serving not less than one month's previous notice in writing on the occupier of the lands or premises or the owner of the easement or other property or right affected, may enter on and take possession of any land or premises or exercise any right which the Minister is authorised by this section to acquire compulsorily or may terminate, restrict or otherwise interfere with any easement or other property or right which the Minister is authorised by this section compulsorily to terminate, restrict, or interfere with.

(6) Whenever the Minister under this section enters on and takes possession of any lands or exercises any right (as the case may be) before payment of the price or compensation, the Minister shall pay to the occupier of the lands or owner of the easement or other right affected (as the case maybe) interest, on the amount of such price or compensation when fixed, at the rate of four pounds per cent. per annum from the date of such entry and taking possession or the exercise of such right (as the case may be) until the date of the conveyance from such occupier or owner to the Minister.

(7) Whenever the Minister acquires under this section any land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual payment (not being merely rent under a contract of tenancy) payable to the Irish Land Commission, the Minister shall become and be liable, as from the date on which the Minister enters on and takes possession of the land so acquired, for the payment to the Irish Land Commission of such purchase annuity, payment in lieu of rent or other annual payment (not being merely rent under a contract of tenancy) or such portion thereof as shall be apportioned by the Irish Land Commission on such land as if such land had been transferred to the Minister by the proprietor thereof on that date.

(8) A notice under, this section may be served on any person by sending such notice by registered post addressed to such person at his usual or last known address or, in the case of a notice to the occupier of any lands or premises, at such lands or premises.

(9) A notice under this section to the occupier of any lands or premises may be addressed to such occupier by the description “the occupier” without stating his name.

Payment and ascertainment of compensation in respect of land, etc.

74. —(1) Compensation shall be paid by the Minister—

(a) for lands and premises compulsorily acquired by the Minister under this Chapter of this Part of this Act to the several persons entitled thereto or having estates or interests therein, and

(b) for or in respect of easements, way-leaves, and other rights acquired by the Minister under the said Chapter, to the owner thereof or the several persons entitled to or having estates or interests in the lands and premises over or in respect of which such rights are so acquired,

and such compensation shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) Compensation shall be paid by the Minister, on account of the termination, restriction or other interference under this Chapter of this Part of this Act of or with any easement, way-leave or other right over or in respect of any land or premises, to the owner of such easement, way-leave or other right, and such compensation shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired.

(3) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Minister under this section and to the conveyance to the Minister of property, corporeal or incorporeal, acquired by the Minister under this Act, and for the purpose of such application the Minister shall be deemed to be the promoter of the undertaking.

(4) No claim for compensation under this section in respect of any land or right compulsorily acquired or any right terminated, restricted, or otherwise interfered with shall be considered unless made within twenty-four months after the date of such acquisition or termination, restriction or interference.