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39 1976

WILDLIFE ACT, 1976

PART IV

Land and Waters

Land purchase orders.

55. —(1) For the purposes of this section—

land for transfer” means—

(a) in case the Minister is satisfied that the relevant land is land held in commonage and where at least one of the owners of the land does not wish to sell pursuant to this section to the Minister his interest in the land, all that land other than the part thereof which is to be taken by way of exchange under this section,

(b) in any other case, the relevant land;

land held in commonage” means land which is held by two or more persons (in this section referred to as owners in common) in common in undivided shares, whether as joint tenants or as tenants in common;

relevant land” means the whole of the land which either is, or is proposed to be, as the context may require, the subject of an order under this section;

remaining land” means, in relation to relevant land which the Minister is satisfied is land held in commonage and as regards which at least one owner does not wish to sell pursuant to this section his interest in the land to the Minister, all the land, apart from the land for transfer, comprised in the relevant land;

State annuity” has the same meaning as in section 12 of the Act of 1946.

(2) Where—

(a) the Minister wishes to purchase land, and

(b) the purpose for which the Minister proposes to use the land is a purpose of this Act or of the Forestry Acts, 1946 and 1956, and

(c) the ownership of the land is registered under the Registration of Title Act, 1964 , and,

(d) (i) the vendor claims to have an interest in the land which enables him to offer to the Minister vacant possession of the land, or

(ii) the vendor claims that the land is land held in commonage and that he has an interest therein which enables him to offer to the Minister an undivided share therein, and

(e) the Minister receives—

(i) in every case, a statement in writing signed by the vendor specifying the grounds on which his claim is based and stating that the vendor is willing to sell to the Minister the interest he claims to have in the land for a price agreed between the vendor and the Minister and specified in the statement,

(ii) in case the vendor claims that the land is land held in commonage by him with only one other owner in common and where that owner is not willing to sell to the Minister his interest in the land, in addition to the aforesaid statement, a statement in writing signed by the other person concerned specifying the grounds on which his claim to ownership in common is based and stating that he is willing to exchange for his interest in the whole of the land a sole or exclusive interest in a part of the land which shall be specified in the statement,

(iii) in case the vendor claims that the land is land held in commonage by him with two or more other owners in common and where those owners in common are not willing to sell to the Minister their interests in the land, in addition to the statement described in subparagraph (i) of this paragraph, a statement in writing by each person concerned and signed by him specifying the grounds on which his claim to ownership in common is based and stating that he is willing to exchange for his interest in the whole of the land an undivided share in common with the other owners in common apart from the vendor in a part of the land, which shall be specified in the statement,

the Minister may, in his absolute discretion, make an order under this section (subsequently in this section referred to as a purchase order) in relation to the land.

(3) A purchase order shall not be made by the Minister unless—

(a) the Minister has caused a notice in the prescribed form of his intention to make the order and specifying the relevant land to be published at least two months previously in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the said land is situated and copies of the notice have been duly served on the vendor of the said land and on all other persons appearing to the Minister to have an interest in the said land, and

(b) the Minister is unaware of any claim, other than the vendor's, to an interest in the land, or if there is a burden registered in a register maintained under the Registration of Title Act, 1964 , which affects the land, or where the Minister is aware of any other such claim, the burden or claim has been disposed of to the satisfaction of the Minister, the owner of the burden or the person making the claim, as may be appropriate, and any other person known to the Minister to be concerned.

(4) Where the Minister makes a purchase order the following provisions shall have effect:

(a) the order shall without further assurance vest in the Minister in fee simple the land for transfer free from all rights (including any public right) charges, burdens or other incumbrances or interests and from the claims of all persons who are interested in the said land, whether in respect of incumbrances or interests therein or otherwise howsoever, other than—

(i) in case the said land is subject to a State annuity, that State annuity,

(ii) such burdens (if any) as are specified in the order,

(b) in case the relevant land is land held in commonage, as on and from the date of the order, the land shall cease to be held in common by the owners in common, and—

(i) in case immediately before the making of the order the relevant land was held by the vendor and two or more other owners in common (being owners in common who are not willing to sell to the Minister their interests in the land), the order shall, without further assurance vest in fee simple in the other owners in common, and in only those owners in common, the remaining land which shall be held by them as tenants in common in shares proportionate to the proportions of their former shares, one to another, in the relevant land,

(ii) in case immediately before the making of the order the relevant land was held by the vendor with only one other owner in common (being an owner in common who is not willing to sell to the Minister his interest in the land), the order shall vest in fee simple in the other owner in common the remaining land,

(c) in respect of the interest of the vendor in the relevant land—

(i) the order shall operate, as on and from the date thereof, to transfer and attach to the amount payable by the Minister to the vendor pursuant to subsection (6) of this section all estates, trusts and incumbrances subsisting in respect of that interest immediately before the date of the order, and

(ii) the said amount shall as respects any rights or claims existing immediately before the date of the order, to or against the interest, represent that interest for all purposes,

(d) in respect of the interest of owners in common (if any) apart from the vendor in the relevant land—

(i) the order shall operate, as on and from the date of the order, to transfer to the interest of those owners in common in the remaining land all estates, trusts and incumbrances subsisting in respect of the interest of those owners in common in the relevant land immediately before the date of the order, and

(ii) the interest of those owners in common in the remaining land shall, as respects any rights or claims existing immediately before the date of the order to or against the interest of those owners in common in the relevant land, represent the last-mentioned interest of those owners in common for all purposes.

(5) Where land for transfer becomes vested in the Minister by virtue of an order made under this section, the registering authority under the Registration of Title Act, 1964 , shall, upon production of a copy of the order under the official seal of the Minister, register the Minister in the appropriate register maintained under that Act as owner (within the meaning of that Act) of the land and the authority shall in addition cause such other alterations (if any) to be made in the appropriate such register as are appropriate having regard to the terms of the order.

(6) On the making of a purchase order the Minister shall pay—

(a) in case the Minister is then unaware of any claim to an interest in the land concerned, other than that of the vendor, or in case the Minister is aware of such other claim, either the Minister has received a statement referred to in subparagraph (ii) or subparagraph (iii) of subsection (2) (e) of this section or it has been agreed between the Minister and the person making the other claim that no payment is to be made by the Minister in respect of the claim, to the vendor an amount equal to the agreed purchase price,

(b) in case a claim or claims to such an interest other than the claim of the vendor has or have been made and the Minister has agreed to make a payment in respect of such other claim, to any person making such other claim the amount which has been agreed in regard thereto and to the vendor such amount as has been agreed between the Minister and the vendor having regard to the other claim or claims, as the case may be.

(7) A person who immediately prior to the making of a purchase order is entitled to an interest in the relevant land but who fails to bring to the notice of the Minister his claim to the interest prior to such making shall, as from such making, cease to have any interest in the said land and in lieu thereof shall be entitled to obtain compensation from the Minister in respect of the loss of the interest; provided that the application to the Minister for the compensation is made, within—

(a) in case the person is a minor or a person of unsound mind, a period of six years from the date when such person ceases to be under such disability or dies whichever event first occurs, but not more than thirty years after such making,

(b) in any other case, a period of six years from the date of the purchase order.

(8) Compensation payable by the Minister pursuant to subsection (7) of this section shall, in default of agreement, be fixed by the Lay Commissioners under section 31 of the Act of 1946 as if it were compensation for an interest in vested land within the meaning of Part III of that Act.

(9) Subject to paragraphs (a) and (b) of subsection (7) of this section, compensation under that subsection may be paid to the personal representative of a person entitled thereto.

(10) Where the Minister pays compensation under subsection (7) of this section pursuant to an application in that behalf, he may, if he thinks fit, require the person who agreed with him to sell an interest in land to which the application relates to pay to him—

(a) in case the amount of the compensation does not exceed the amount paid by the Minister to the person pursuant to subsection (6) of this section, an amount equal to the compensation,

(b) in case the compensation exceeds the amount so paid, the amount so paid,

and in case a person fails to pay to the Minister an amount duly required to be paid to him under this section, that amount shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

(11) Where a purchase order is made in respect of land (in this subsection referred to as the transferred land) which immediately before the date of the order was subject in conjunction with other land to a State annuity, the following provisions shall apply:

(a) the Minister shall give notice of the making of the order to the authority to whom the State annuity is payable,

(b) the said authority shall, as soon as may be after the receipt of the notice, do one of the following things, namely—

(i) apportion, with effect as on and from the day immediately preceding the date of the purchase order, the State annuity in such manner as the authority considers proper between the transferred land and all or part of the other land, or

(ii) declare the whole of the State annuity to be exclusively charged, with effect as on and from the day immediately preceding the date of the purchase order, on either the transferred land or all or part of the other land.

(12) A purchase order shall have attached thereto a map or plan showing the land to which the order relates.

(13) No stamp duty shall be payable on any purchase order nor shall any fee be payable in respect of proceedings in the Land Registry under subsection (5) of this section.

Management etc. of certain land acquired, held or used by the Minister.

56. —(1) All land acquired or vested in the Minister under the Forestry Acts, 1919 and 1928, or the Forestry Acts, 1946 to 1976, or so vested by virtue of the Forestry (Redistribution of Public Services) Order, 1933, other than land which the Minister considers to be land to which subsections (1) and (2) of this section should not apply and in relation to which a direction (which he is hereby empowered to give) that those subsections shall not apply to the land is given by him and is in force, shall stand held by him both for the purposes of the Forestry Acts, 1946 to 1976, and for the purposes of this Act and may, as the Minister considers appropriate, at any time be managed and used for all or any of the following purposes, namely:

(a) the growth of forest crops,

(b) the conservation of wildlife,

(c) the management and exploitation of hunting and fishing resources,

(d) other purposes ancillary to any of the foregoing, including the promotion of scientific knowledge, amenity, or recreational or educational purposes.

(2) Where the Minister considers that land, being land acquired by or vested in the Minister in the manner mentioned in subsection (1) of this section, is not suitable for any purpose mentioned in that subsection, such land may be managed or used or otherwise dealt with by the Minister in such manner as he thinks fit, and in case land so acquired or vested is not immediately required for use for such a purpose, pending its use therefor the land may be used in such manner as the Minister thinks fit.

(3) The Minister may make such charges (if any) to the public as he considers appropriate for public access to, or use for car-parking or any other purpose of, any land managed or used by him for a purpose mentioned in subsection (1) of this section.

State ownership of certain inland waters.

57. —(1) Where the Minister is of opinion that there is a doubt as to whether or not any lake or other inland waters belong to the State but, in his opinion, it is likely that the lake or other inland waters do so belong, he may, after consultation with the Minister for Agriculture and Fisheries, publish a notice in the Iris Oifigiúil and in at least one newspaper circulating in the locality in which the lake or other inland waters are situate requiring either, as may be stated in the notice—

(a) any person who claims to have or to be entitled to enjoy an interest in or over the lake or other inland waters (which shall be specified in the notice) or, in the case of a lake, in or over the lakeshore accretion (if any) from the lake, or

(b) any person who claims to have or to be entitled to enjoy an interest, other than a right of fishing, in or over the lake or other inland waters (which shall be so specified) or in or over such lakeshore accretion,

to furnish to the Minister within a period specified in the notice (being a period of not less than two months from the date of the publication in the Iris Oifigiúil) particulars of the interest together with an abstract (accompanied by copies of all abstracted documents) of his title to the interest or of the grounds on which the claim is based.

(2) Where a person furnishes to the Minister particulars required by a notice under subsection (1) of this section, the Minister shall pay to the person all costs necessarily and reasonably incurred by him in relation thereto.

(3) Where a notice is published under subsection (1) of this section, if in relation either to the whole of the inland waters and lakeshore accretion (if any) to which the notice relates or to a part of those waters or that lakeshore accretion (if any) either—

(a) there is not furnished by any person within the period specified particulars of an interest duly supported by the abstract and copies of documents required by the notice, or

(b) the period so specified has expired and the Minister acquires by agreement all interests particulars of which have been furnished to him pursuant to this section,

then, the Minister may by order declare that the fee simple—

(i) in case the requirements of paragraph (a) or paragraph (b) of this subsection are complied with as regards the whole of the said inland waters and lakeshore accretion (if any), in the land covered by the waters to which the notice relates or, in the case of a lake, comprised in any lakeshore accretion from the lake to which the notice relates, belongs to the State,

(ii) in case the said requirements are complied with only as regards a particular part of the said inland waters, or a particular part of any such lakeshore accretion, or a particular part of the said inland waters and lakeshore accretion, in the land covered by the said part of the said inland waters, or comprised in the said part of the said lakeshore accretion, or in such land and so comprised, as may be appropriate, belongs to the State,

together with any interest in or over the said land or waters which is inferior to the aforesaid fee simple; provided that in case the particulars required by the notice to be furnished to the Minister are particulars of interests other than rights of fishing, the terms of the declaration shall be framed so as not to include rights of fishing.

(4) A declaration made under this section shall operate as regards the land to which it relates in accordance with its terms and shall be conclusive evidence of the matters declared and shall not be questioned in any legal proceedings.

(5) Where the Minister makes a declaration under this section and a person subsequently proves that but for the making of the declaration he would have an interest (whether vested or contingent) in or over the land or lake or other inland waters to which the declaration relates, the person shall be entitled to be paid compensation by the Minister in respect of the interest.

(6) A claim under this section for payment of compensation shall, in default of agreement, be determined by arbitration under the Act of 1919 in like manner in all respects as if such claim arose in relation to compulsory acquisition of land.

(7) Nothing in this section shall restrict, prejudice or affect the functions of sanitary authorities or the Minister for Local Government under the Local Government (Sanitary Services) Acts, 1878 to 1964, or the Water Supplies Act, 1942 .

Right to hunt on or over territorial seas of State vested in State.

58. —(1) It is hereby declared that the right to hunt fauna in or over the portion of the sea which is the territorial seas of the State belongs to the State.

(2) It shall not be lawful for a person without the permission of the Minister, to hunt fauna on, in or over any part of the portion of the sea mentioned in subsection (1) of this section.

(3) Any person who contravenes subsection (2) of this section shall commit a trespass.

(4) Nothing in this section shall operate to prejudice any legal proceedings which may be instituted apart from this section and a person who contravenes subsection (2) of this section may, if the Minister thinks fit, be sued by the Minister for trespass in any court of competent jurisdiction and for the purpose of giving jurisdiction under this Act the trespass shall be deemed to have been committed where the person complained against may be.

Regulations permitting and regulating public access to certain land.

59. —(1) Subject to subsections (3), (4) and (7) of this section, the Minister may make regulations permitting the public generally or any particular class or section of the public or the members of any body of persons which is of a particular class or description or the members of a particular body of persons, to have access to and use in accordance with the regulations—

(a) foreshore which is the property of the State,

(b) land (in this section subsequently referred to as a refuge) to which a designation order applies,

(c) any land (including land covered by inland waters) to which an establishment order applies and which is land owned by the State but in which the Minister has not a joint or several interest (which land is so referred to as a State land nature reserve),

(d) land other than foreshore mentioned in paragraph (a) of this subsection, which forms the seabed under part of the territorial seas of the State and to which an establishment order applies (which land is so referred to as a seabed nature reserve).

(2) Regulations under this section may apply to all foreshore which is the property of the State, every refuge, State land nature reserve and seabed nature reserve, or to any such foreshore or any refuge, State land nature reserve or seabed nature reserve which is of a particular class or description, or to particular such foreshore or a particular refuge, State land nature reserve or seabed nature reserve.

(3) Regulations under this section which apply to foreshore shall regulate access to or use of such foreshore to such extent as the Minister considers necessary for the conservation of wildlife and such regulations shall be made by him only after consultation with the Minister for Transport and Power, and in addition to the foregoing, where the regulations relate to foreshore other than foreshore which is held by the Minister, they shall be made only after consultation with—

(a) in case such foreshore is held by the Commissioners, the Commissioners,

(b) in any other case, the Minister of State by whom the foreshore is held.

(4) Regulations under this section which apply to a refuge shall regulate access to or use of the refuge to such extent as is necessary to enable the relevant designation order to have full effect.

(5) (a) Subject to subsection (7) of this section and paragraph (b) of this subsection, the Minister may by regulations permit and regulate access to and use by the public generally of land to which either a recognition order applies or an agreement under section 18 of this Act relates.

(b) Regulations shall be made by the Minister under this subsection only on the request and with the agreement of—

(i) in case the regulations relate to land to which a recognition order applies, the owner of such land,

(ii) in case the regulations relate to land to which an agreement under the said section 18 relates, all the parties to the agreement (other than the Minister, where the Minister is such a party).

(6) Subject to subsection (7) of this section, the Minister may, at the request and with the agreement of a board established pursuant to section 14 of this Act, by regulations permit and regulate the access to and use by the public generally of any land held by that board.

(7) Regulations made—

(a) under subsection (5) or subsection (6) of this section,

(b) under subsection (1) of this section which regulate access to foreshore or to a refuge (not being a refuge held by the Minister) to which, immediately before the commencement of this section, the public generally had access,

shall be made by the Minister only after consultation with any planning authority any part of whose area the relevant foreshore adjoins or within whose area the relevant land, or any part thereof, is situate.

(8) (a) Regulations under this section which have effect in relation to land held by the State shall, if the State ceases to hold the land to which they apply, thereupon cease to have effect in relation to the land.

(b) Regulations under this section which have effect in relation to land to which a designation order or a recognition order, as the case may be, for the time being applies shall, if the order is revoked, thereupon cease to have effect in relation to the land.

(c) Regulations made pursuant to subsection (6) of this section shall cease to have effect if and when the board at whose request they were made is dissolved or if it otherwise ceases to hold the land in respect of which the regulations were made.

(9) Where the Minister makes regulations under this section, he shall, as soon as may be after such making, cause a copy of the regulations to be sent to the Board and to any planning authority—

(a) in case the regulations affect foreshore, any part of whose area that foreshore adjoins,

(b) in any other case, within whose area the refuge or other land concerned, or any part thereof, is situate.

(10) Where the Minister decides to permit, whether by means of bye-laws, rules, regulations or otherwise, the public generally to have access, subject to specified conditions, for educational or leisure purposes to land held by the Minister, he shall, as soon as may be, give to the Board and to any planning authority in whose area the land or any part thereof, is situate particulars of his decision and in case the Minister varies or revokes such a decision he shall likewise inform the Board and such planning authority of the variation or revocation.

(11) In case the Minister permits, subject to specified conditions and whether by means of bye-laws, rules, regulations or otherwise, access for educational or leisure purposes to land held by him, any person who fails to comply, whether by act or omission, with any such condition shall be guilty of an offence.

Creation of rights of way.

60. —(1) Where the Minister requires in connection with any land held by him either for the purposes of this Act or partly for such purposes and partly for the purposes of the Act of 1946, a right of way by a particular route over any other land, he may make an application to the Lay Commissioners pursuant to section 21 (1) of the Act of 1946 and, for the purposes of this section, the first reference in the said section 21 (1) to land shall be construed as including a reference to land held by the Minister either for the purposes of this Act or partly for such purposes and partly for the purposes of the Act of 1946.

(2) Where the Minister makes, by virtue of this section, an application under section 21 (1) of the Act of 1946, thereupon the provisions of paragraphs (a) to (h) of that section shall have effect and section 3 of that Act shall apply in relation to the application.

(3) Subsections (2) to (7) of section 21 of the Act of 1946 shall apply to an application made under subsection (1) of that section by virtue of this section in the same manner as they would apply if the application had been made in the ordinary course under subsection (1) of that section.

Extinguishment of easements.

61. —(1) Where any land held by the Minister for the purposes of this Act, or partly for those purposes and partly for the purposes of the Act of 1946, is subject to any easements, the Minister may apply to the Lay Commissioners for an extinguishment order extinguishing such easements or any one or more of them.

(2) The provisions of subsections (2) to (12) of section 19 of the Act of 1946 shall apply in relation to an application, made by virtue of subsection (1) of this section, for an extinguishment order in the same manner as if the application were made under subsection (1) of the said section 19, and section 3 of the Act of 1946 shall apply in relation to the application.

(3) In this section “extinguishment order” has the meaning assigned to it by section 19 of the Act of 1946.