Forestry Act, 1956

Provisions consequential on amendment of section 17 of Principal Act.

3.—(1) Where the Minister pays compensation to a person pursuant to paragraph (aa) of subsection (2) of section 17 of the Principal Act, he shall, notwithstanding anything contained in the Principal Act, be liable to pay compensation to any other person who would have been entitled to the proceeds of a sale of the relevant interest immediately before the vesting date, or to a share of those proceeds, if (but only if) that other person applies to the Minister for compensation under this subsection within the period of six years beginning on the date of the relevant vesting order.

(2) (a) Where compensation is payable under subsection (1) of this section in relation to an interest of which the value has been assessed under section 24 of the Principal Act or in respect of which compensation has been assessed under section 31 of the Principal Act, the amount of the compensation shall be equal to (as may be appropriate) the sum so assessed or so much of the sum so assessed as is proportionate to the share referred to in the said subsection (1).

(b) Where compensation is payable under subsection (1) of this section in a case not governed by paragraph (a) of this subsection, the amount of the compensation shall, in default of agreement, be settled by the Lay Commissioners with a right of appeal to the Appeal Tribunal as in the case of compensation payable under section 30 of the Principal Act.

(3) Where the Minister, having paid compensation in respect of an interest to a person pursuant to paragraph (aa) of subsection (2) of section 17 of the Principal Act, subsequently pays pursuant to subsection (1) of this section compensation in respect of that interest to another person, the first-mentioned person shall be liable to pay to the Minister an amount equal to the compensation paid pursuant to the said paragraph (aa) (together with any interest paid under subsection (7) of section 17 of the Principal Act and any amount applied under subsection (8) of that section) or the compensation paid pursuant to subsection (1) of this section (whichever is the less), and, in default of that amount being so paid, the Minister may recover it from the first-mentioned person (or, in the event of that person's death, from his legal personal representative) as a simple contract debt in any court of competent jurisdiction.

(4) Where the Minister pays a sum pursuant to paragraph (aa) of subsection (4) of section 17 of the Principal Act, he shall, notwithstanding anything contained in the Principal Act, be liable to pay compensation to any other person who would have been entitled to such balance of the proceeds of a sale of the relevant interest immediately before the vesting date as would remain after discharge of the relevant mortgage debt or debts, or to a share in that balance, if (but only if) that other person applies to the Minister for compensation under this subsection within the period of six years beginning on the date of the relevant vesting order.

(5) (a) Where compensation is payable under subsection (4) of this section in relation to an interest of which the value has been assessed under section 24 of the Principal Act or in respect of which compensation has been assessed under section 31 of the Principal Act, the amount of the compensation shall be equal to (as may be appropriate) the sum so assessed (less the relevant mortgage debt or debts) or so much of the sum so assessed (less the relevant mortgage debt or debts) as is proportionate to the share referred to in the said subsection (4).

(b) Where compensation is payable under subsection (4) of this section in a case not governed by paragraph (a) of this subsection, the amount of the compensation shall, in default of agreement, be settled by the Lay Commissioners with a right of appeal to the Appeal Tribunal as in the case of compensation payable under section 30 of the Principal Act.

(6) Where the Minister, having paid a sum in respect of an interest to a person pursuant to paragraph (aa) of subsection (4) of section 17 of the Principal Act, subsequently pays pursuant to subsection (4) of this section compensation in respect of that interest to another person, the first-mentioned person shall be liable to pay to the Minister an amount equal to the sum paid pursuant to the said paragraph (aa) (together with any interest paid under subsection (7) of section 17 of the Principal Act and any amount applied under subsection (8) of that section) or the compensation paid pursuant to subsection (4) of this section (whichever is the less), and, in default of that amount being so paid, the Minister may recover it from the first-mentioned person (or, in the event of that person's death, from his legal personal representative) as a simple contract debt in any court of competent jurisdiction.

(7) The compensation referred to in subsection (1) or (4) of this section shall bear interest at the rate of three pounds per cent. per annum in respect of the period from the application therefor until the date on which it is paid.

(8) Where—

(a) the Minister is required by subsection (1) or (4) of this section to pay to any person any sum, and

(b) any money (in this subsection referred to as the State debt) is owing by that person to a Minister of State, the Revenue Commissioners, the Commissioners or the Land Commission,

the Minister may, in lieu of paying the said sum (including interest thereon) to that person, apply the said sum and interest in or towards the payment of the State debt and pay to that person the balance (if any) thereof remaining unpaid, but the whole of the said sum shall, for the purposes of subsection (3) or subsection (6), as may be appropriate, of this section, be regarded as having been paid to that person.

(9) The payment of compensation and interest in accordance with the foregoing provisions of this section shall be a good discharge therefor.

(10) This section shall be regarded as being contained in Chapter I of Part III of the Principal Act.