Land Act, 1923

Sporting rights, fisheries and minerals.

45.—(1) On the vesting of any lands in the Land Commission under this Act, all sporting rights as defined in sub-section (2) of section 13 of the Irish Land Act, 1903 , including such sporting rights as may be superior interests, and all fisheries appurtenant to the said lands shall vest in the Land Commission subject to any lease then existing as if the owner or owners had agreed to sell them at such price as in the absence of agreement shall be fixed by the Land Commission (other than the Judicial Commissioner) or by the Judicial Commissioner on appeal from the Land Commission, regard being had in fixing such price to the fair value of the sporting rights and fisheries to the Land Commission and to the owner or owners respectively:

Provided that in the case of tenanted land the sporting rights other than fishing rights and fisheries shall be deemed to be of no appreciable value.

(2) Where the tenant of a holding of tenanted land is deemed to have entered into a subsequent purchase agreement for the purchase of the holding from the Land Commission under this Act the sporting rights on and over the holding other than fishing rights and fisheries shall be vested in him with the holding.

(3) The purchase money of all such sporting rights and fisheries shall be paid in four and a half per cent. Land Bonds.

(4) The Land Commission shall have power to make regulations conferring and defining rights of passage through and over any lands to any river or lake and along the banks or shores of any such river or lake which in the opinion of the Land Commission may be necessary or expedient for the proper user and enjoyment of any fishing rights vested in the Land Commission under this Act.

(5) On the vesting of any land under this Act the exclusive right of mining and taking minerals and digging and searching for minerals on or under that land, including such mineral rights as may be superior interests, shall vest in Saorstát Eireann:

Provided that this sub-section shall not apply—

(a) to any mine or quarry which is being worked or developed by the owner or his lessee on the appointed day;

(b) to any stone, gravel, sand or clay:

Provided also that where any such rights vested in Saorstát Eireann under this sub-section are at any time hereafter let leased or sold the person who would have been entitled thereto if they had not so vested shall be entitled to receive such share of any rent purchase money or any other net profit received in respect of the same as shall be hereafter determined by the Oireachtas.