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18 1954

DEFENCE ACT, 1954

PART VII.

Manœuvres and Artillery, Rifle and Bombing Practice.

Power to authorise holding of military manœuvres.

269. —(1) The Minister may from time to time by order (in this Act referred to as a manœuvres (authorisation) order) authorise the holding of military manœuvres within a specified area and during a specified period commencing not earlier than one month after the date of such order.

(2) Whenever the Minister makes a manœuvres (authorisation) order, he shall as soon as conveniently may be publish such order in the Iris Oifigiúil and in at least two newspapers circulating in the area to which such order relates.

Powers exercisable for purposes of manœuvres.

270. —(1) Where a manœuvres (authorisation) order has been made in relation to any area, such persons as are under the authority of the Minister engaged in manœuvres may under the direction of the Minister do, within such area and during the period specified in such order, all or any of the following things, that is to say:—

(a) pass over and encamp, construct military works, not of a permanent character, and execute military manœuvres on any land;

(b) supply themselves with water from any sources of water and for that purpose dam up any running water.

(2) Nothing in this section shall authorise—

(a) the entry on or interference with (except to the extent of using any road) any dwelling-house, place of worship, hospital, school, factory, workshop used for the carrying on of any trade, business or manufacture, farmyard, garden, orchard, pleasure ground, nursery ground, burial ground, ground attached to any place of worship or school or any premises enclosed within the curtilage of or attached to any dwelling-house;

(b) the damming up of water so as to interfere with the carrying on of any trade or industry;

(c) the taking of water from any source of supply belonging to a private owner or public authority unless with the consent of such owner or authority;

(d) the interference with any national monuments within the meaning of the National Monuments Act, 1930 (No. 2 of 1930), or with any picturesque or valuable timber or other national features of exceptional interest or beauty.

(3) The officer in command of the portion of the Defence Forces engaged in any military manœuvres shall cause all land used under the power conferred by this section to be restored as soon as and as far as may be practicable to its previous condition.

(4) In this section, the word “hospital” includes sanatorium, maternity home, nursing home, convalescent home, county home, preventorium, rehabilitation centre, laboratory, clinic, health centre, first-aid station, dispensary or similar institution.

Compensation for damages caused by military manœuvres.

271. —(1) Where a manœuvres (authorisation) order has been made, compensation shall be made by the Minister for any damage to person or property or interference with rights or privileges arising from the exercise of the powers conferred by this Part, whether or not occasioned by the acts of the military forces engaged in the manœuvres, including therein all expenses reasonably incurred in protecting person, property, rights and privileges, and any damage by reason of excessive weight or extraordinary traffic caused to any road.

(2) The amount of any compensation under this section shall, in default of agreement (which agreement shall be subject to the consent of the Minister for Finance), be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.

Offences in relation to manœuvres.

272. —(1) If, within the area and during the period specified in a manœuvres (authorisation) order authorising military manœuvres, any person—

(a) wilfully and unlawfully obstructs or interferes with the execution of the manœuvres, or

(b) without due authority enters or remains in any camp or billet or any place where any guns, vehicles, ammunition, supplies or other material used for the purposes of the manœuvres are stored,

he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding forty shillings.

(2) If, within the area and during the period specified in a manœuvres (authorisation) order, any person—

(a) without due authority moves any light, flag, mark or other object relating to, or used for the purposes of, the manœuvres, or

(b) maliciously cuts or damages any telegraph or telephone wire or any water or petrol supply pipe laid down by or for the use of the forces engaged in the manœuvres,

he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) If, within the area and during the period specified in a manœuvres (authorisation) order, any person commits any offence under subsection (1) of this section he may be removed from that area by a member of the Garda Síochána or by order of any officer of the Defence Forces.

Exemption of members of the Defence Forces engaged in manœuvres from section 164 of the Road Traffic Act, 1933.

273. —Where a manœuvres (authorisation) order is made, section 164 of the Road Traffic Act, 1933 (No. 11 of 1933), shall not, during the period specified in the order, apply in respect of a vehicle which is being driven by or in the charge of a member of the Defence Forces who is for the time being engaged in the military manœuvres authorised by the order.

Temporary stoppage of traffic during manœuvres or artillery, etc., practice.

274. —In any area specified in a manœuvres (authorisation) order or in the vicinity of any place used for artillery, rifle, bombing or other army, naval or air practices, the officer in command of the portion of the Defence Forces engaged in the manœuvres or in such practices may temporarily stop all traffic by land or water in that area or in the vicinity of that place so far as in his opinion may be necessary for the security of life and the proper conduct of the manœuvres or such practices.