Curragh of Kildare Act, 1961

Inclosure of part of Curragh.

11.—(1) Subject to subsection (3) of this section, the Minister may inclose permanently, or authorise or procure the permanent inclosure of, any part or parts of the Curragh and, if the Minister considers it necessary for the purpose of such inclosure, the Minister may fence, or authorise or procure the fencing of, the part or parts inclosed.

(2) Where any part of the Curragh is inclosed under subsection (1) of this section, the rights of common of pasture in respect of sheep affecting the Curragh shall, upon such inclosure, cease to affect that part of the Curragh.

(3) (a) Where it is proposed to inclose permanently any part of the Curragh under this section, the Minister shall, before the inclosure is effected, procure, either by extinguishment, alteration or modification of any one or more of the rights of common of pasture in respect of sheep affecting the Curragh, such reduction in the number of sheep in respect of which those rights may be exercised as is, in the opinion of the Minister, sufficient to ensure that adequate grazing on the Curragh will be afforded after the inclosure has been effected to the number then remaining.

(b) A right of common of pasture shall not be extinguished, altered or modified under this subsection without the consent of the person to whom the right belongs.