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25 1954



Preliminary and General.

Short title.

1. —This Act may be cited as the State Property Act, 1954.


2. —(1) In this Act—

the Commissioners” means the Commissioners of Public Works in Ireland;

enactment” means any enactment being—

(a) a pre-Union Irish statute, or

(b) a British statute, or

(c) a Saorstát Éireann statute, or

(d) an Act of the Oireachtas (whether passed before or after this Act);

former crown rent” means any periodic payment which was, immediately before the 6th day of December, 1922, collectable under the Crown Lands Acts, 1829 to 1913, being—

(a) a crown rent, or

(b) a quit rent, or

(c) a composition rent, or

(d) any other rent or rent-charge;

land” includes—

(a) land of any tenure,

(b) foreshore, within the meaning of the Foreshore Act, 1933 (No. 12 of 1933),

(c) mines and minerals, whether held apart from the surface or not,

(d) parts of buildings held or enjoyed under any lease, contract of tenancy, or licence,

(e) any estate or interest in land, whether in possession or in remainder,

(f) reversions,

(g) any former crown rent,

(h) rent and rent-charges (other than former crown rents) in respect of, or issuing out of, land,

(i) franchises, easements, profits-a-prendre, licences and other rights, privileges, liberties, advantages or benefits of whatsoever kind in, over, or in relation to, land;

the Land Commission” means the Irish Land Commission;

the Minister” means the Minister for Finance;

the operative date” means the date of the passing of this Act;

State authority” means any authority being—

(a) a Minister of State, or

(b) the Commissioners;

State land” means land which belongs to the State, the Nation, the People or a State authority or a gift of which, made to the State, the Nation or the People or in terms indicating that it is for the benefit of the State, the Nation or the People, was, before the operative date, accepted by the Government or a State authority, and includes any former crown rent, but does not include—

(a) St. Stephen's Green Park, Dublin,

(b) any land conveyed or assigned to, or vested in, a State authority by way of mortgage,

(c) any land acquired by, or vested in, the Commissioners under the Drainage and Navigation (Ireland) Acts, 1842 to 1857, the Drainage and Improvement of Lands (Ireland) Acts, 1863 to 1892, the Arterial Drainage Act, 1925 (No. 33 of 1925), the River Owenmore Drainage Act, 1926 (No. 3 of 1926), the Barrow Drainage Act, 1927 (No. 26 of 1927), the Arterial Drainage Act, 1945 (No. 3 of 1945), or any other enactment relating to the drainage of land,

(d) any charge, rent-charge, annuity or other periodical payment payable to the Commissioners under or in pursuance of any enactment,

(e) any land (including glebe land) or any sum (including any security) now, or hereafter to be, acquired or held by, or transferred to, or vested in, or payable to, the Land Commission, whether in trust or otherwise,

(f) any land to which the State Lands (Workhouses) Act, 1930 (No. 9 of 1930), applies,

(g) any land for the time being held by the Minister for Health for the purposes of the Saint Laurence's Hospital Act, 1943 (No. 3 of 1943), or the Tuberculosis (Establishment of Sanatoria) Act, 1945 (No. 4 of 1945).

(2) In this Act, a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to some other Act is intended.

(3) References in this Act to State land vested in a State authority shall be construed as including references to State land vested in that State authority otherwise than by or under this Act.

Cumulative nature of powers under this Act.

3. —For the avoidance of doubts it is hereby declared that—

(a) the powers conferred by this Act on a State authority in relation to State land are in addition to, and not in substitution for, any powers exercisable by that State authority in relation to that State land under any previous enactment and such last-mentioned powers shall continue to be exercisable accordingly,

(b) nothing contained in any previous enactment relating to State land shall be construed as limiting the powers conferred by this Act in relation to that State land.

Repeal of the State Lands Act, 1924, and saving.

4. —(1) The State Lands Act, 1924 (No. 45 of 1924), is hereby repealed.

(2) Without prejudice to section 21 of the Interpretation Act, 1937 (No. 38 of 1937), the repeal of the State Lands Act, 1924 , shall not affect the validity of any lease or licence made or granted under that Act.