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18 1954

DEFENCE ACT, 1954

PART VIII.

Bye-laws as to land used for defence purposes.

Interpretation of Part VIII.

275. —(1) In this Part—

the expression “authorised officer” means any person being—

(a) a member of the Garda Síochána, or

(b) a member of the Defence Forces authorised in that behalf by bye-laws;

the word “bye-laws” means bye-laws made under this Part;

the expression “road authority” has the same meaning as in the Local Government Act, 1946 (No. 24 of 1946);

the expression “State land” means any land belonging to the State or vested in the Minister.

(2) References in this Part to a contravention of a bye-law include references to a failure or refusal to comply with the bye-law.

Bye-laws as to use of State land appropriated for defence purposes, and for securing the public safety.

276. —(1) Where any State land is for the time being appropriated for any defence purpose, the Minister may, subject to the provisions of this Part, make bye-laws for regulating the use of the land for the purpose for which it is appropriated and for securing the public against danger arising from that use, with power to prohibit all intrusion on the land and all obstruction of the use thereof.

(2) Bye-laws made under this section shall not authorise the Minister to take away or prejudicially affect any right of common.

(3) Where any bye-laws made under this section permit the public to use land for any purpose when not used for the purpose for which it is appropriated, those bye-laws may also provide for the government of the land when so used by the public, and the preservation of order and good conduct thereon, and for the prevention of nuisances, obstructions, encampments and encroachments thereon, and for the prevention of any injury to the land or to anything growing or erected thereon, and for the prevention of anything interfering with the orderly use thereof by the public for the purpose permitted by the bye-laws.

Extension of power to make bye-laws in respect of non-State land where Minister has right of user for defence purposes.

277. —Where the Minister has for the time being the right to use for any defence purpose any land (not being State land), the power conferred by section 276 to make bye-laws shall extend to that land as if it were State land and were appropriated for the said purpose, subject however to this restriction, namely, that any bye-law made by virtue of this section shall not unfavourably affect the private rights of any person further or otherwise than is authorised by the grant of the right to use the land.

Extension of power to make bye-laws in respect of adjoining fore-shore, sea and tidal water.

278. —(1) Where any land, the use of which can be regulated by bye-laws under section 276 or 277, abuts on any foreshore, sea or tidal water, bye-laws may be made in relation to any such foreshore, sea or tidal water as if they were part of the land.

(2) If any person entitled to a private right in or over any foreshore, sea or tidal water in relation to which a bye-law is made by virtue of this section proves that his exercise of that right has been injuriously affected or obstructed by reason of the bye-law, he shall be entitled to recover from the Minister compensation for that injurious affection or obstruction, and any question whether compensation is payable under this subsection or as to the amount of any compensation so payable 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.

(3) (a) A bye-law made by virtue of this section shall not injuriously affect any public right unless the bye-law is made with the consent of the Minister for Industry and Commerce.

(b) The following provisions shall apply in relation to the giving by the Minister for Industry and Commerce of his consent to a bye-law made by virtue of this section which, if made, would injuriously affect any public right in or over any foreshore, sea or tidal water—

(i) the said Minister, if satisfied, after compliance with subparagraph (ii) of this paragraph, that a restriction of such public right is required for the safety of the public or for the exigencies of the military purpose to which the land abutting on such foreshore, sea or tidal water is appropriated, may consent to a bye-law restricting the said public right to such extent as in all the circumstances of the case seems reasonable to him,

(ii) the said Minister before consenting to the bye-law shall cause notice of such proposed bye-law to be given in such manner in the locality as he deems best so as to give interested persons an opportunity of making objections to the proposed bye-law and shall make such enquiries as appear to him necessary for ascertaining that the bye-law will not unreasonably interfere with any public right.

(c) In this subsection, the expression “public right” includes any right of navigation, anchoring, grounding, fishing, bathing, walking or recreation.

Bye-laws as to roads.

279. —(1) The Minister may, in respect of any portion of a road which crosses or runs near any land the use of which may be regulated by bye-law, make, with the consent of the road authority charged with the maintenance of that portion, bye-laws providing for the restriction, by such means as the Minister thinks proper and specifies in the bye-laws, of the use of that portion.

(2) Save as provided by this section, bye-laws shall not be made in relation to any road.

Notice of intention to make bye-laws.

280. —(1) Where the Minister proposes to make any bye-laws, he shall, before making such bye-laws, deposit copies of the proposed bye-laws, in every Circuit Court Office in the area to which such proposed bye-laws relate and publish, in some newspaper or newspapers circulating in such area notice of his intention to make bye-laws and of the deposit of such copies.

(2) Any person may inspect any proposed bye-laws deposited in a Circuit Court Office under this section and may, within twenty-eight days after the publication in accordance with this section of notice of intention to make such proposed bye-laws, send objections to the Minister against the making of such proposed bye-laws.

(3) The Minister shall before making any bye-laws consider any objections to them sent to him before the expiration of the twenty-eight days referred to in subsection (2) of this section.

Marking of boundaries of bye-law areas.

281. —(1) When the Minister makes any bye-laws, he shall cause the boundaries of the area to which the bye-laws relate to be marked in such manner as appears to him necessary to make the boundaries known to all persons in the locality.

(2) Where any bye-laws are made under section 278 in relation to any area which consists of any foreshore, sea or tidal water and the boundaries of that area cannot, in the opinion of the Minister, be conveniently marked by permanent marks, those boundaries shall be described in the bye-laws and shall be deemed to be sufficiently marked within the meaning of subsection (1) of this section if, while that area is in use for military purposes, sufficient means are taken to warn the public from entering that area.

Publication of bye-laws.

282. —Where the Minister makes any bye-laws, he shall cause the bye-laws to be published in such manner as he deems necessary to make them known to all persons in the locality to which they relate and shall provide for copies of such bye-laws being sold at the price of one shilling for each copy to any person who desires to obtain a copy.

Penalties for contravention of bye-laws.

283. —(1) If any person contravenes any bye-law, such person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding five pounds, and the court may order any animal, vehicle, vessel or other thing, the property of such person, which is in the area to which the bye-law relates at the time of such contravention, to be forfeited.

(2) Where any animal, vehicle, vessel or other thing is forfeited under this section, it shall be sold in accordance with the directions of the Minister and the proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Removal and arrest of offenders.

284. —(1) If, in any area to which a bye-law relates, any person contravenes the bye-law,—

(a) an authorised officer may order that person to leave the area,

(b) if that person, on being so ordered, refuses or fails to leave the area,—

(i) he shall be guilty of an offence under this section, and

(ii) the authorised officer may either remove him from the area by force or without warrant arrest him.

(2) If any person is on a particular portion of a road, the use of which is restricted by a bye-law made under section 279, in contravention of the bye-law,—

(a) an authorised officer may order that person to leave that portion,

(b) if that person, on being so ordered, refuses or fails to leave that portion,—

(i) he shall be guilty of an offence under this section, and

(ii) the authorised officer may either remove him from that portion by force or without warrant arrest him.

(3) Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) Where an authorised officer (not being a member of the Garda Síochána) arrests a person under this section, he shall, as soon as may be, deliver such person into the custody of a member of the Garda Síochána to be dealt with according to law.

Removal of animals, etc.

285. —An authorised officer may remove or cause to be removed any vehicle, animal, vessel or other thing found in any area to which a bye-law relates in contravention of that bye-law.

Obstruction of and assaults on authorised officers.

286. —If any person—

(a) obstructs or impedes an authorised officer in the lawful execution of his powers and duties as an authorised officer under this Part, or

(b) assaults an authorised officer in the lawful execution of those powers and duties,

that person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months.

Non-application of Part VIII to the Curragh of Kildare.

287. —This Part does not apply to the Curragh of Kildare.