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LOCAL GOVERNMENT ACT, 1925
RULES FOR CONFIRMING PROVISIONAL ORDERS EMPOWERING LOCAL AUTHORITIES TO ACQUIRE LAND.
1. A copy of the Provisional Order shall be served in the prescribed manner, together with a statement that the order will be confirmed and have the effect of an Act of the Oireachtas unless within the prescribed period a petition by some person interested is presented to the Minister or the Circuit Court having jurisdiction where the land to be acquired is situate praying that the order, or any specified part thereof, shall not become law without further enquiry.
2. A copy of every petition to the Circuit Court under these Rules shall be forwarded by an officer of the Circuit Court to the Minister, and if the petition is withdrawn a notice to that effect shall also be so forwarded.
3. If the Minister is satisfied that the prescribed regulations have been in all respects complied with, then after the prescribed period—
(a) if no petition has been presented or if every such petition is withdrawn, the Minister shall, without further inquiry, confirm the Order;
(b) if a petition has been presented to the Circuit Court and has not been withdrawn, then at the first sitting of that court held after the expiration of one week from the date of the presentation of the petition or of the prescribed period, whichever shall be the later, or at such later date as the court shall direct, the court shall hear the petition and determine all questions arising thereon, and may either confirm with or without amendment or disallow the order and may award costs to be paid by or to the petitioner or any party opposing the petition;
(c) if no petition has been presented to the Circuit Court, but a petition has been presented to the Minister and has not been withdrawn, then, unless the local authority notify the Minister of their intention to withdraw their application for the order, or the part thereof, as the case may be, to which the petition relates, the Minister shall, after consideration of a full report of the evidence taken at the original inquiry and after such further local inquiry (if any) as he may deem necessary, either confirm with or without amendment or disallow the order.
4. Where a petition has been presented under these Rules to the Minister or the Circuit Court, respecting a portion only of a provisional order, the Minister may divide the provisional order into two or three orders as follows:—
(a) an order containing the portion of the original order to which no such petition relates;
(b) an order containing the portion or portions of the original order to which any petition to the Circuit Court relates;
(c) an order containing the portion or portions of the original order to which any petition to the Minister and no petition to the Circuit Court relates;
and each of such new orders shall become absolute or be confirmed under these Rules as if such new order were originally made by the Minister as a separate order.
5. Rules of court shall regulate the practice and procedure with respect to the presentation, withdrawal and hearing of petitions to the Circuit Court and for the costs incidental thereto.