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38 2000

WILDLIFE (AMENDMENT) ACT, 2000

PART III

Land and Waters

Chapter I

Acquisition of Land and Rights

Arbitrator.

10. —(1) Where the Minister intends to make an order under section 12 or 13, the Minister shall appoint a person, who shall be a barrister or a solicitor of not less than 7 years standing, to be an Arbitrator for the purposes of hearing and determining the matter.

(2) In hearing and determining a matter the Arbitrator shall perform the functions assigned to him or her by section 12 or, in the case of a matter to which section 13 relates, by section 12 as applied by section 13 (2).

(3) The Arbitrator shall be paid such remuneration (if any) and allowances for expenses incurred by him or her as the Minister, with the consent of the Minister for Finance, may determine.

Acquisition of land and rights by agreement.

11. —(1) Where the Minister considers it desirable for the purposes of the Wildlife Acts, 1976 and 2000, to acquire or take on lease any land or interest in land, the Minister may, with the consent of the Minister for Finance, purchase or take on lease or otherwise acquire such land by agreement.

(2) The Minister may with the consent of the Minister for Finance—

(a) sell or let any land vested in the Minister in connection with functions under the Wildlife Acts, 1976 and 2000, or

(b) exchange any such land for any other land, or

(c) otherwise dispose of any such land,

and such consent may be given—

(i) generally, including to a particular class or classes of transaction, for all or a class or classes of land so vested or for transactions not exceeding a particular monetary amount, or

(ii) particularly to a particular transaction or group of related transactions.

(3) (a) Notwithstanding subsection (1) and without prejudice to the generality of subsection (2), the Minister may, with the consent of the Minister for Finance, construct, alter, demolish, purchase or take on lease any buildings or other structures or carry out any development required in connection with the exercise of the Minister's functions under the Wildlife Acts, 1976 and 2000, and such consent may be given—

(i) generally, including to a particular class or classes of transaction, for all or a class or classes of land so vested or for transactions not exceeding a particular monetary amount, or

(ii) particularly to a particular transaction or group of related transactions.

(b) For the purposes of paragraph (a), the reference to buildings or other structures and to development in that paragraph includes any land reasonably required for use with the building or structure concerned or for the development concerned.

Creation of rights of way.

12. —(1) Where the Minister requires, in connection with any land held by the Minister, for the purposes of the Wildlife Acts, 1976 and 2000, or partly for those purposes, a right of way by a particular route over any other land, the Minister may make an order (in this section referred to as “a right of way order”) creating such a right of way.

(2) Where the Minister proposes to make an order under subsection (1), the following provisions shall apply:

(a) the Minister shall as soon as may be give notice in writing of his or her intention to make the order to the Arbitrator who shall cause to be published a notice of the Minister's intention in such newspapers and in such manner as the Arbitrator shall determine;

(b) the Minister shall give notice in writing of his or her intention to make the order to—

(i) every occupier of the land concerned,

(ii) every owner of the land concerned, and

(iii) every other person having a legal or equitable interest in the land,

where it is proposed to create the right of way;

(c) the Minister shall not make the order unless a draft thereof has been submitted to and approved of under this subsection by the Arbitrator;

(d) the Arbitrator shall not determine an application under this subsection by the Minister before the expiration of the period of 30 days beginning on the day on which the relevant notice is published pursuant to this subsection or, in case such publication is made on different days, the day of the first such publication;

(e) any one or more of the following may, within the said period of 30 days or such longer period as the Arbitrator may determine, who objects to the making of the order serve on the Minister a notice of his or her intention to make an application to the Arbitrator in relation to the proposed order, namely:

(i) every occupier of the land concerned,

(ii) every owner of the land concerned,

(iii) every other person having a legal or equitable interest in the land,

where it is proposed to create the right of way;

(f) in case a notice is served on the Minister pursuant to this section the Arbitrator shall, before deciding whether or not to approve of the proposed order, give the person by whom the notice was served an opportunity of being heard, either in person or through counsel or a solicitor;

(g) the Arbitrator may, in determining the matter, approve of the draft of the order in the form proposed by the Minister, approve of such draft subject to such amendments as the Arbitrator shall specify or refuse to give his or her approval to the draft.

(3) If, in relation to the making of an order under this section, the Arbitrator is satisfied after diligent inquiry that a person to whom notice is required by subsection (2)(b) to be given by the Minister cannot be found or ascertained, the Arbitrator may determine the application, notwithstanding the fact that such person cannot be found or ascertained.

(4) Where, in relation to a proposed right of way, the Minister proposes that, in making the order under this section, the right of way, if created, is to be expressed as including and operating to confer on the Minister the power to permit either or both—

(a) the public generally, and

(b) any particular class of the public which may stand specified from time to time by the Minister,

to pass and repass at all times or at such times as the Minister may permit, and with or without vehicles or animals as the Minister may so specify, over the land over which the right of way will be exercisable, the following shall have effect:

(i) the Minister shall refer to the proposal in any notice given under this section, and

(ii) if the Arbitrator decides to allow the proposal in whole or in part, the order made shall be so expressed and shall operate accordingly.

(5) Any person who has an interest in or over land specified in a notice published pursuant to this section shall be entitled to be paid compensation by the Minister in respect of any diminution in the value of his or her interest in or over the land consequent upon the making of the order to which the notice relates and—

(a) the amount of any compensation to be paid under this subsection shall, in default of agreement, be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Minister shall be deemed to be the promoter of the undertaking and this section and that order shall be deemed to be the special Act and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this section,

(b) sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by virtue of this subsection, and for the purposes of such application the Minister shall be deemed to be the promoter of the undertaking, and

(c) where money is paid into court by the Minister under section 69, as applied by this subsection, of the Lands Clauses Consolidation Act, 1845, no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money.

Extinguishment of easements.

13. —(1) Where any land held by the Minister for the purposes of either or both the Principal Act and this Act or partly for any of those purposes is subject to any easements, the Minister may, whenever the Minister thinks proper, make an order (in this section referred to as an “extinguishment order”) extinguishing such easements or any one or more of them.

(2) The provisions of section 12 shall, with any necessary modifications, apply in relation to any extinguishment order proposed to be made by the Minister under subsection (1) in the same manner as if the Minister were creating a right of way over such land under that section.

(3) In this section, the word “easement” includes any profit prendre or other right in or over land.

Amendment of section 55 (land purchase orders) of Principal Act.

14. —Section 55 of the Principal Act is hereby amended—

(a) by the substitution of the following for paragraph (b) of subsection (2):

“(b) the purpose for which the Minister proposes to use the land is a purpose of the Wildlife Acts, 1976 and 2000, and”,

and

(b) by the substitution of the following for subsection (8):

“(8) (a) Compensation payable by the Minister pursuand to subsection (7) of this section shall, in default of agreement, be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Minister shall be deemed to be the promoter of the undertaking and this section and the order under this section shall be deemed to be the special Act and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this section.

(b) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by virtue of this subsection, and for the purposes of such application the Minister shall be deemed to be the promoter of the undertaking.

(c) Where money is paid into court by the Minister under section 69, as applied by this subsection, of the Lands Clauses Consolidation Act, 1845, no costs shall be payable by the Minister to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money.”.