S.I. No. 296/1990 - Shannon Navigation Act, 1990 (Forms) Regulations, 1990.

S.I. No. 296 of 1990.

SHANNON NAVIGATION ACT, 1990 (FORMS) REGULATIONS, 1990.

I, ALBERT REYNOLDS, Minister for Finance in exercise of the powers conferred on me by paragraphs 1 (2) and 4 of the Schedule to the Shannon Navigation Act, 1990 (No. 20 of 1990), hereby make the following regulations:

1. These Regulations may be cited as the Shannon Navigation Act, 1990 (Forms) Regulations, 1990.

2. The form set out in Part I of the Schedule to these Regulations is hereby prescribed as the form of a notice under clause (b) of paragraph 1 (1) of the Schedule to the Shannon Navigation Act, 1990 (No. 20 of 1990).

3. The form set out in Part II of the Schedule to these Regulations is hereby prescribed as the form of a notice under clause (c) of the said paragraph 1(1).

4. The form set out in Part III of the Schedule to these Regulations is hereby prescribed as the form of a vesting order under paragraph 3 of the Schedule to the Shannon Navigation Act, 1990 .

SCHEDULE

Part I

NOTICE NO. .....

Shannon Navigation Act, 1990

Compulsory Acquisition of Land

1.	The Commissioners of Public Works in Ireland (referred to subsequently in this Notice as "the Commissioners") hereby give notice that, in exercise of the powers conferred on them by sections 2 and 5 of and the Schedule to the Shannon Navigation Act, 1990 (No. 20 of 1990), they propose to acquire compulsorily, for the purposes of their functions in relation to the Shannon navigation, the land described in the Schedule to this notice.
2.	A map showing the land intended to be acquired by the Commissioners as aforesaid together with a list showing the reputed owners and occupiers of the land is deposited in the Garda Síochána Station(s) at......................... in the county of ......................... and may be inspected at that station/either of/any of those stations by members of the public at all reasonable times.
3.	An occupier or owner of any of the land aforesaid may submit an objection to its acquisition as aforesaid to the Commissioners at 51 St. Stephen's Green, Dublin 2 on or before the .......day of ..........., 19.......

SCHEDULE

Description of the land proposed to be acquired

Dated this ....................... day of..................., 19.......

Part II

NOTICE NO. .....

Shannon Navigation Act, 1990

Compulsory Acquisition of Land

TO:

NAME:............................................................ ............................................................ .....................................................

ADDRESS:............................................................ ............................................................ .................................................

1.	The Commissioners of Public Works in Ireland (referred to subsequently in this Notice as "the Commissioners") hereby give notice that, in exercise of the powers conferred on them, by sections 2 and 5 of and the Schedule to the Shannon Navigation Act, 1990 (No. 20 of 1990), they propose to acquire compulsorily, for the purposes of their functions in relation to the Shannon navigation, the land described in the First Schedule to this notice of [part of] which you appear to be the owner or occupier.
2.	A map showing the land intended to be acquired by the Commissioners as aforesaid, together with a list showing the reputed owners and occupiers of the land, is deposited in the Garda Síochána station(s) at ..................... in the county of .............................. and may be inspected at that station/either of/any of those stations by members of the public at all reasonable times.
3.	An occupier or owner of any of the land may submit an objection to its acquisition as aforesaid to the Commissioners at 51 St. Stephen's Green, Dublin 2 on or before the ................... day of.................., 19 ...................
4.	You appear to be the owner or occupier of the part of the land aforesaid that is described in the Second Schedule to this notice.

FIRST SCHEDULE

Description of the land proposed to be acquired

SECOND SCHEDULE

Description of the part of the land proposed to be acquired of which you appear to be the owner or occupier

	Dated this .................. day of..................., 19.........
	Signed ................................................
	Authorised Officer of the Commissioners of Public Works in Ireland.

Part III

VESTING ORDER

Shannon Navigation Act, 1990

____________________________

Compulsory Acquisition of Land

____________________________

WHEREAS the Commissioners of Public Works in Ireland, in exercise of the powers conferred on them by the Shannon Navigation Act, 1990 (No. 20 of 1990), propose to acquire compulsorily the land described in the Schedule to this Order, being land which is required for the purposes of their functions in relation to the Shannon navigation:

AND WHEREAS the provisions of paragraph 1 of the Schedule to the said Act have been complied with in relation to the acquisition of the said land:

* AND WHEREAS no objection to the acquisition of the said land has been submitted to the Commissioners in accordance with subparagraph (1) of paragraph 2 of the said Schedule:

* AND WHEREAS an objection to the acquisition of the said land was submitted to the said Commissioners in accordance with subparagraph (1) of paragraph 2 of the said schedule but was subsequently withdrawn in accordance with subparagraph (2) of the said paragraph 2:

* AND WHEREAS an objection to the acquisition of the said land was submitted to the said Commissioners in accordance with subparagraph (1) of paragraph 2 of the said schedule and the Minister for Finance has given his consent in accordance with subparagraphs (3) and (5) of the said paragraph 2 to the said acquisition:

NOW the Commissioners of Public Works in Ireland, in exercise of the powers conferred on them by sections 2 and 5 of and the Schedule to the Shannon Navigation Act, 1990 (No. 20 of 1990), hereby order as follows:

1. This Order may be cited as the Shannon Navigation Act, 1990 (No. .....) Vesting Order, 1990.

2. The land specified in the Schedule to this Order is hereby vested on the.... day of .............., 19 ........., in the Commissioners of Public Works in Ireland in fee simple free from encumbrances and all estates, rights, easements, titles and interests of any kind over or in respect of the land.

SCHEDULE

Description of the land vested in the Commissioners of Public Works in Ireland by this Order

GIVEN under the Official Seal of the Commissioners, this ......

day of............, 1990.

* Delete the recitals which do not apply.

Where appropriate the foregoing forms may contain a heading indicating the part of the Shannon navigation to which they relate.

GIVEN under my Official Seal this 23rd day of November, 1990.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These regulations prescribe the form of notices to be issued where the Commissioners of Public Works propose to acquire land compulsorily for the purposes of their functions in relation to the Shannon Navigation in accordance with the Schedule to the Shannon Navigation Act, 1990 (No. 20 of 1990). The regulations also prescribe the form of Vesting Order to be used when lands have been compulsorily acquired.