Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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SCHEDULE 2 Compulsory Acquisition of Registered Monument under section 51 | ||
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PART 1 Definitions | ||
1. In this Schedule— | ||
“commonage” means land which is held by 2 or more persons in common in undivided shares, whether as joint tenants or tenants in common; | ||
“land” includes a registered monument and any estate, right or interest in or over land (including a registered monument); | ||
“owner”, in relation to land, includes a reputed owner of the land; | ||
“vesting order (local authority)” shall be construed in accordance with paragraph 9(1); | ||
“vesting order (Minister)” shall be construed in accordance with paragraph 4(1). | ||
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PART 2 Acquisition of Land by Minister | ||
2. Where the Minister proposes to acquire any land compulsorily under section 51 , he or she shall— | ||
(a) deposit for a period of at least 6 weeks, in a Garda Síochána station in the district in which the land is situated, a map or plan of the land and make the map or plan available there for inspection by members of the public at all reasonable times, | ||
(b) (i) publish a notice stating his or her intention to acquire the land compulsorily under section 51 — | ||
(I) in Iris Oifigiúil, and | ||
(II) in at least one national newspaper, | ||
and | ||
(ii) in the notice, specify a cut-off date (being a period of not less than 6 weeks immediately following the date of publication of the notice) for the purposes of paragraph 3(1). | ||
(c) before publishing the notice referred to in clause (b), in case all the land proposed to be acquired is in the occupation of the same person or persons, post that notice on or near the land and, in any other case, post such notice— | ||
(i) subject to subclause (ii), on or near the land of each occupier, or | ||
(ii) if the land is commonage, on or near the land in such prominent position as the Minister is of the opinion is appropriate in all the circumstances, | ||
and | ||
(d) give a copy of the notice referred to in clause (c) to— | ||
(i) every (if any) owner of the land unless the identity and whereabouts of the owner are unknown, and | ||
(ii) every (if any) occupier of the land unless the identity and whereabouts of the occupier are unknown. | ||
3. (1) Any owner or occupier of land in respect of which a notice under paragraph 2(b) has been published may, before the cut-off date specified in the notice, submit to the Minister an objection in writing, setting out the grounds for the objection, to the proposed compulsory acquisition referred to in the notice. | ||
(2) A person who submitted an objection under subparagraph (1) may withdraw it by notice in writing given to the Minister. | ||
(3) Where, in relation to the proposed compulsory acquisition of land under section 51 , an objection is submitted to the Minister in accordance with subparagraph (1) and is not withdrawn, the Minister shall consider the objection as soon as is practicable and, by notice in writing given to the person who submitted the objection— | ||
(a) decline to uphold the objection, for the reasons stated in the notice, in respect of all of the land to which the objection relates, or | ||
(b) uphold the objection, for the reasons stated in the notice, in respect of all or part of the land to which the objection relates. | ||
4. (1) Where, in relation to any land in respect of which paragraph 2 has been complied with— | ||
(a) no objection is submitted to the Minister in accordance with paragraph 3, | ||
(b) any such objection which is submitted is subsequently withdrawn or the Minister’s consideration of the objection under paragraph 3(3) results in the objection being— | ||
(i) declined to be upheld under paragraph 3(3)(a), or | ||
(ii) upheld under paragraph 3(3)(b) but in respect of part only of that land, | ||
and | ||
(c) the Minister for Public Expenditure, National Development Plan Delivery and Reform gives his or her consent to the compulsory acquisition of the land by the Minister, | ||
the Minister may by order (in this Part referred to as a “vesting order (Minister)”), in the prescribed form, acquire the land (but excluding any part of that land referred to in clause (b)(ii)). | ||
(2) Where the Minister, before making a vesting order (Minister), becomes aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Minister for Agriculture, Food and the Marine or to any charge under the Acts (within the meaning of section 949A of the Taxes Consolidation Act 1997 ) payable to the Revenue Commissioners, the Minister shall forthwith inform the Minister for Agriculture, Food and the Marine or the Revenue Commissioners, as the case may be, of the intention to make the order. | ||
(3) Whenever the Minster makes a vesting order (Minister), he or she shall, within 14 days after making the order— | ||
(a) publish a copy of it in Iris Oifigiúil, | ||
(b) in case all the land comprised in the order is in the occupation of the same person or persons, post a notice containing a copy of the order on or near the land and, in any other case, post such notice— | ||
(i) subject to subclause (ii), on or near the land of each occupier, or | ||
(ii) if the land is commonage, on or near the land in such prominent position as the Minister is of the opinion is appropriate in all the circumstances, | ||
and | ||
(c) give a copy of the order to— | ||
(i) every (if any) owner of the land unless the identity and whereabouts of the owner are unknown, and | ||
(ii) every (if any) occupier of the land unless the identity and whereabouts of the occupier are unknown. | ||
5. (1) Notwithstanding anything contained in a vesting order (Minister), where the Minister acquires by the order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent or other annual sum (not being merely a rent under a contract of tenancy) payable to the Minister for Agriculture, Food and the Marine, the Minister shall become and be liable, as from the date on which the land is vested in him or her by the order, for the payment to the Minister for Agriculture, Food and the Marine of the purchase annuity, payment in lieu of rent or other annual sum, or such portion thereof as shall be apportioned by the Minister for Agriculture, Food and the Marine on the land, as if the land had been transferred to the Minister by the owner thereof on that date. | ||
(2) When the Minister makes a vesting order (Minister) in relation to land, he or she shall send the order to the registering authority under the Act of 1964 and thereupon the registering authority shall cause the Minister to be registered under that Act as owner of the land in accordance with the order. | ||
6. (1) Where, immediately before a vesting order (Minister) is made by the Minister, any person has any estate, right, easement, title or interest of any kind in, over or in respect of the land acquired by the order, the person may apply to the Minister at any time after the making of the order for compensation in respect of the estate, right, easement, title or interest and the Minister shall thereupon pay to the person compensation in respect of the estate, right, easement, title or interest together with the interest at such rate as the Minister for Public Expenditure, National Development Plan Delivery and Reform may determine, from time to time, on the amount from that date to the date of payment thereof. | ||
(2) The amount of any compensation to be paid under this paragraph shall be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Minister shall be deemed to be the promoter of the undertaking and this Act and the vesting order (Minister) concerned shall be deemed to be the special Act; and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this Act. | ||
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PART 3 Acquisition of Land by Local Authority | ||
7. Where a local authority proposes to acquire any land compulsorily under section 51 , it shall— | ||
(a) deposit for a period of at least 6 weeks, in a Garda Síochána station in the district in which the land is situated, a map or plan of the land and make the map or plan available there for inspection by members of the public at all reasonable times, | ||
(b) (i) publish a notice stating its intention to acquire the land compulsorily under section 51 — | ||
(I) in Iris Oifigiúil, and | ||
(II) in at least one national newspaper, | ||
(ii) in the notice, specify a cut-off date (being a period of not less than 6 weeks immediately following the date of publication of the notice) for the purposes of paragraph 8(1), | ||
(c) before publishing the notice referred to in clause (b), in case all the land proposed to be acquired is in the occupation of the same person or persons, post that notice on or near the land and, in any other case, post such notice— | ||
(i) subject to subclause (ii), on or near the land of each occupier, or | ||
(ii) if the land is commonage, on or near the land in such prominent position as the Minister is of the opinion is appropriate in all the circumstances, | ||
and | ||
(d) give a copy of the notice referred to in clause (c) to— | ||
(i) every (if any) owner of the land unless the identity and whereabouts of the owner are unknown, and | ||
(ii) every (if any) occupier of the land unless the identity and whereabouts of the occupier are unknown. | ||
8. (1) (a) Any owner or occupier of land in respect of which a notice under paragraph 7(b) has been published may, before the cut-off date, submit to the Minister an objection in writing, setting out the grounds for the objection, to the proposed compulsory acquisition referred to in the notice. | ||
(b) When a person submits an objection under clause (a) to the Minister, he or she shall, at the same time, give a copy of the objection to the local authority. | ||
(2) (a) A person who submitted an objection under subparagraph (1) may withdraw it by notice in writing sent to the Minister. | ||
(b) When a person sends a notice under clause (a) to the Minister, he or she shall, at the same time, give a copy of the notice to the local authority. | ||
(3) (a) Where, in relation to the proposed compulsory acquisition of land under section 51 , an objection is submitted to the Minister in accordance with subparagraph (1)(a) and is not withdrawn, the Minister shall consider the objection as soon as is practicable and, by notice in writing given to the person who submitted the objection— | ||
(i) decline to uphold the objection, for the reasons stated in the notice, in respect of all of the land to which the objection relates, or | ||
(ii) uphold the objection, for the reasons stated in the notice, in respect of all or part of the land to which the objection relates. | ||
(b) When the Minister sends a notice under clause (a) to a person, he or she shall, at the same time, send a copy of the notice to the local authority. | ||
(4) (a) An application by the local authority for the consent of the Minister to the compulsory acquisition of land under section 51 shall be accompanied by— | ||
(i) a copy of the map or plan of the land deposited in accordance with paragraph 7(a), | ||
(ii) a copy of the national newspaper containing the notice referred to in paragraph 7(b), | ||
(iii) a copy of the notice referred to in paragraph 7(c), and | ||
(iv) a copy of any objection concerned under subparagraph (1). | ||
(b) The local authority shall give to the Minister such other information in relation to the acquisition as the Minister may require. | ||
(5) On an application under subparagraph (4) by the local authority in relation to land, where the Minister is of the opinion that paragraph 7 has not been complied with in relation to the land or part of the land, he or she shall refuse to grant his or her consent to the compulsory acquisition of the land or, as the case may be, refuse to grant his or her consent to the compulsory acquisition of the part and may grant his or her consent to the acquisition of the remainder of the land. | ||
9. (1) Where, in relation to any land in respect of which paragraph 7 has been complied with— | ||
(a) no objection is submitted to the local authority in accordance with paragraph 8, | ||
(b) any such objection which is submitted is subsequently withdrawn or the Minister’s consideration of the objection under paragraph 8(3) results in the objection being— | ||
(i) declined to be upheld under paragraph 8(3)(a)(i), or | ||
(ii) upheld under paragraph 8(3)(a)(ii) but in respect of part only of the land, | ||
(c) the Minister gives his or her consent to the compulsory acquisition of the land by the local authority, and | ||
(d) the Minister for Public Expenditure, National Development Plan Delivery and Reform gives his or her consent to the compulsory acquisition of the land, | ||
the local authority may by order (in this Schedule referred to as a “vesting order (local authority)”), in the prescribed form, acquire the land (but excluding any part of that land the subject of a refusal referred to in paragraph 8(5) or any part of that land referred to in clause (b)(ii)). | ||
(2) Where the local authority, before making a vesting order (local authority), becomes aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Minister for Agriculture, Food and the Marine or to any charge under the Acts (within the meaning of section 949A of the Taxes Consolidation Act 1997 ) payable to the Revenue Commissioners, the local authority shall forthwith inform the Minister for Agriculture, Food and the Marine or the Revenue Commissioners, as the case may be, of the intention to make the order. | ||
(3) Whenever the local authority makes a vesting order (local authority), it shall, within 14 days after making the order— | ||
(a) publish a copy of it in Iris Oifigiúil, | ||
(b) in case all the land comprised in the order is in the occupation of the same person or persons, post a notice containing a copy of the order on or near the land and, in any other case, post such notice— | ||
(i) subject to subclause (ii), on or near the land of each occupier, or | ||
(ii) if the land is commonage, on or near the land in such prominent position as the Minister is of the opinion is appropriate in all the circumstances, | ||
and | ||
(c) give a copy of the order to— | ||
(i) every (if any) owner of the land unless the identity and whereabouts of the owner are unknown, and | ||
(ii) every (if any) occupier of the land unless the identity and whereabouts of the occupier are unknown. | ||
10. (1) Notwithstanding anything contained in a vesting order (local authority), where the local authority acquires by the order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent or other annual sum (not being merely a rent under a contract of tenancy) payable to the Minister for Agriculture, Food and the Marine, the local authority shall become and be liable, as from the date on which the land is vested in it by the order, for the payment to the Minister for Agriculture, Food and the Marine of the purchase annuity, payment in lieu of rent or other annual sum, or such portion thereof as shall be apportioned by the Minister for Agriculture, Food and the Marine on the land, as if the land had been transferred to the local authority by the owner thereof on that date. | ||
(2) When the local authority makes a vesting order (local authority) in relation to land, it shall send the order to the registering authority under the Act of 1964 and thereupon the registering authority shall cause the local authority to be registered under that Act as owner of the land in accordance with the order. | ||
11. (1) Where, immediately before a vesting order (local authority) is made by the local authority, any person has any estate, right, easement, title or interest of any kind in, over or in respect of the land acquired by the order, the person may apply to the local authority at any time after the making of the order for compensation in respect of the estate, right, easement, title or interest and the local authority shall thereupon pay to the person compensation in respect of the estate, right, easement, title or interest together with interest at such rate as the Minister for Public Expenditure, National Development Plan Delivery and Reform may determine, from time to time, on the amount from that date to the date of payment thereof. | ||
(2) The amount of any compensation to be paid under this paragraph shall be determined under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the local authority shall be deemed to be the promoter of the undertaking and this Act and the vesting order (local authority) shall be deemed to be the special Act; and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by this Act) with this Act. |