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25 1954

STATE PROPERTY ACT, 1954

Chapter II.

Powers of State authorities in relation to State land.

Powers of State authorities under this Chapter to be exercisable only with the consent of the Minister.

9. —The powers conferred by this Chapter on a State authority shall, where that State authority is not the Minister, be exercisable only with the consent (which may be general or particular) of the Minister.

Sale, exchange, gratuitous grant and leasing of State land, other than that mentioned in the First Schedule.

10. —(1) The powers conferred by this section shall not be exercisable in respect of the State land mentioned in the First Schedule to this Act.

(2) A State authority may, in respect of any State land for the time being vested in that State authority, do all or any of the following things—

(a) sell such State land or any part thereof,

(b) exchange, on such terms (including payment or receipt of money for equality of exchange) as such State authority may determine, such State land or any part thereof for any other land,

(c) make a grant gratuitously of such State land or any part thereof for any specified purpose,

(d) make a lease of such State land or any part thereof for any term.

(3) Every sale of State land under paragraph (a) of subsection (2) of this section shall be made for such consideration in money or money's worth as the State authority selling it shall determine.

(4) (a) Every grant of State land under paragraph (c) of subsection (2) of this section shall contain such covenants, conditions and agreements (including a right of re-entry on breach thereof) as the State authority making the grant shall determine and shall agree upon with the person to whom the grant is made.

(b) Every covenant, condition and agreement contained in any grant of State land under paragraph (c) of subsection (2) of this section shall be equally binding on, and enforceable against, any person claiming through or under the original grantee as if the grant had been made to that person.

(5) The following provisions shall apply in relation to every lease of State land made, under paragraph (d) of subsection (2) of this section, by a State authority, that is to say—

(a) the lease shall, unless that State authority determines that it should in the public interest be made free of any payment, be made subject to the payment to that State authority of such moneys, whether by way of fine or other preliminary payment or by way of rent or by both such ways, as that State authority shall determine and shall agree upon with the person to whom the lease is made;

(b) the lease shall contain—

(i) such covenants, conditions and agreements as that State authority shall determine and shall agree upon with the person to whom it is made,

(ii) a proviso for re-entry on the breach, non-performance or non-observance by the lessee of any covenant on the lessee's part, condition or agreement contained in the lease.

(6) As soon as may be after the 30th day of June and the 31st day of December in every year the Minister shall cause to be laid before each House of the Oireachtas, a report giving particulars of all sales, exchanges, grants and leases (other than any lease for a term not exceeding twenty-one years) made or granted during the preceding half year in exercise of the powers conferred by this section.

Other powers of State authorities in relation to State land other than that mentioned in the First Schedule.

11. —(1) The powers conferred by this section shall not be exercisable in respect of the State land mentioned in the First Schedule to this Act.

(2) A State authority may, in respect of State land for the time being vested in that State authority, do all or any of the following things—

(a) grant to any person, on such terms and conditions as such State authority shall determine, a tenancy from year to year or for any lesser period;

(b) grant to any person, on such terms and conditions and for such period as such State authority shall determine, a licence to occupy or to use or to occupy and use, either generally or in a particular manner or for a particular purpose, such State land;

(c) grant, by way of licence or otherwise, to any person, on such terms and conditions and for such period as such State authority shall determine, any easement, profit-a-prendre or other right, privilege or liberty over, or in respect of, such State land, or any part thereof;

(d) grant to any person, on such terms and conditions and for such period as such State authority shall determine, a right to raise, but from not more than twenty feet below the surface, and take and carry away from such State land any one or more of the following substances, namely, sand, gravel, stone, clay and turf;

(e) surrender, on such terms (including the receipt or payment of money) as such State authority shall determine, any grant, lease, tenancy or licence under which such State land or any part thereof is held or occupied by or for the State;

(f) accept a surrender, on such terms (including the receipt or payment of money) as such State authority shall determine, of any grant, lease, tenancy or licence under which such State land or any part thereof is held from the State or such State authority;

(g) waive, release or vary any covenant or condition contained in any grant, lease, tenancy or licence (including a grant, lease, tenancy or licence made or granted before the operative date) of such State land or any part thereof, whether a breach of such covenant or condition has or has not taken place;

(h) waive any breach (whether occasioning or not occasioning a forfeiture and whether committed before, on or after the operative date) of any covenant or condition contained in any grant, lease, tenancy or licence (including a grant, lease, tenancy or licence made or granted before the operative date) of such State land;

(i) dedicate such State land or any part thereof for use by the public;

(j) permit the public generally or any particular class or section of the public or the members of any particular association, club or organisation to have access to and to use such State land, either generally or for a particular purpose, on such terms and conditions as such State authority shall determine.

(3) (a) Where a State authority permits the public generally or any particular class or section of the public or the members of any particular association, club or organisation to have access to and to use any State land vested in that State authority, that State authority may, if that State authority thinks fit, make bye-laws regulating such access and use.

(b) If any person contravenes (by act or omission) any bye-law made under this subsection, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Waiver and release of rent and arrears of rent and mesne rates in respect of State land.

12. —(1) In this section, “rent” includes a former crown rent, a rent charge, a rent service and a rent sec, and also includes royalties, charges for the use and occupation of State land and money payable periodically under a licence.

(2) Whenever a State authority is satisfied, in respect of any rent payable to that State authority out of land, that it is not practicable or is not expedient to enforce the payment of such rent or a part thereof, that State authority may waive the payment of such rent or such part thereof and release such land therefrom to the extent either that such rent or such part thereof shall cease to be payable at all thereafter or that such rent or such part thereof shall cease to be payable during a certain period or during the continuance of certain circumstances or until the happening of a specified event, and where such waiver or release is made that State authority may attach thereto such (if any) conditions as that State authority thinks proper.

(3) Where a State authority is satisfied in respect of any arrears (whether such arrears accrued due before or after or partly before and partly after the passing of this Act) of rent payable to that State authority that such arrears or any part thereof cannot be recovered or that it is not expedient to enforce payment thereof, that State authority may waive the payment of such arrears or such part thereof and discharge the person liable therefor from payment thereof and make such waiver, release and discharge either unconditionally or subject to specified conditions.

(4) Where a person is liable to pay to a State authority any mesne rates in respect of State land, that State authority may release such person from such liability in whole or in part either unconditionally or subject to specified conditions.

(5) As soon as may be after the 30th day of June and the 31st day of December in every year the Minister shall cause to be laid before each House of the Oireachtas a statement giving particulars of all waivers, releases and discharges made or granted during the preceding half year in exercise of the powers conferred by this section.