Forestry Act, 1946

Chapter II.

Extinguishment of Easements and Creation of Rights of Way.

Extinguishment of easements.

19.—(1) Where any land held by the Minister for the purposes of this Act is subject to any easements, the Minister may apply to the Lay Commissioners for an order (in this section referred to as an extinguishment order) under this section extinguishing such easements or any one or more of such easements.

(2) The Minister shall, immediately upon making an application for an extinguishment order, do the following things:—

(a) publish the prescribed notice of the application in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the land to which the application relates is situate, and

(b) serve a copy of such notice on the occupier (if any) of the land to which any easement to which the application relates is believed to be appurtenant and on every person who appears to the Minister to be the owner of any such land, if it is practicable to ascertain that person.

(3) Every application for an extinguishment order shall be heard by the Lay Commissioners, after they have published the prescribed notice of the hearing in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the land to which the application relates is situate.

(4) Where an application for an extinguishment order in relation to any land has been heard, the Lay Commissioners may—

(a) make the order in terms of the application, or

(b) make the order, with the exclusion from the operation thereof of any specified easements affecting the land, or

(c) refuse the application.

(5) Where an extinguishment order in relation to any land has been made by the Lay Commissioners, any person entitled to any easement, affecting such land, which will be extinguished by the operation of the order, may, within two months after the making of the order, appeal to the Appeal Tribunal against the order in so far as it will operate to extinguish such easement and the Appeal Tribunal may, on such appeal,—

(a) confirm the order, or

(b) revoke the order, or

(c) vary the order so as to exclude such easement from the operation of the order.

(6) Where an application for an extinguishment order in relation to any land is refused, the Minister may, within two months after such refusal, appeal to the Appeal Tribunal against such refusal, and the Appeal Tribunal may, on such appeal,—

(a) affirm such refusal, or

(b) make the order in terms of the application, or

(c) make the order, with the exclusion from the operation thereof of any specified easement or easements affecting the land.

(7) Where an extinguishment order in respect of any land is made by the Lay Commissioners with the exclusion of any easement affecting the land from the operation of the order, the Minister may, within two months after the making of the order, appeal to the Appeal Tribunal against the exclusion of such easement from the operation of the order, and the Appeal Tribunal may, on such appeal,—

(a) confirm the order, or

(b) vary the order by including the said easement therein.

(8) The Minister and any person interested, as being entitled to an easement affecting any land, which is the subject of an application or an appeal under any of the previous subsections of this section, shall be entitled to be heard on the hearing of the application or the appeal.

(9) (a) An extinguishment order made by the Lay Commissioners shall not come into force save as is provided by paragraphs (b) or (c) of this subsection.

(b) Where an extinguishment order is made by the Lay Commissioners and no appeal in respect of it is taken under subsections (5) or (7) of this section, it shall come into force immediately upon the expiration of two months after it is made.

(c) Where an extinguishment order made by the Lay Commissioners is confirmed or varied by the Appeal Tribunal under subsections (5) or (7) of this section, it shall come into force on the date on which it is so confirmed or varied.

(d) Where an extinguishment order is made by the Appeal Tribunal under subsection (6) of this section, it shall come into force on the date on which it is made.

(10) (a) Where an extinguishment order in respect of any land has come into force, the Minister shall be liable to pay compensation to any person entitled to an easement, affecting the land, which is extinguished by the operation of the order.

(b) Any compensation payable by the Minister under this subsection shall, in default of agreement, be fixed by the Lay Commissioners on application of the Minister or the person claiming to be entitled to such compensation.

(c) The Minister or any person claiming to be entitled to compensation under this subsection may, within one month after the date on which an application to fix such compensation has been decided by the Lay Commissioners, appeal to the Appeal Tribunal against the decision.

(11) Where an extinguishment order in respect of any land, which is registered under the Act of 1891, has come into force, the Minister shall send a copy of the order to the registering authority under the Act of 1891, and the said registering authority shall enter in the appropriate folio particulars of the order.

(12) No stamp duty shall be payable on any extinguishment order, nor shall any fees be payable in respect of any proceedings in the Land Registry under subsection (11) of this section.