Forestry Act, 1988

General Ministerial powers.

38.—(1) The Minister may, with the consent of the Minister for Finance, issue directions in writing to the company requiring the company—

(a) to comply with policy decisions of a general kind made by the Government concerning the development of forestry and related activities of which he may advise the company from time to time, or

(b) to provide or maintain specified services or facilities, or

(c) to maintain or use specified land or premises in the company's possession for a particular purpose.

(2) The company shall comply with every direction given to it under this section.

(3) (a) A direction to the company under this section shall, if the company so requests in writing, be given by the Minister by order.

(b) Such an order shall remain in force for a specified period of not more than twelve months unless extended or revoked by order of the Minister.

(4) If the company satisfies the Minister that, over a period of at least twelve months or such other period as may be determined by the Minister after consultation with the company, it has sustained a loss in complying with a direction under subsection (1) (b) or (1) (c), it shall be entitled to recover the loss from the Minister.

(5) The Minister may require an audit of the books and records of the company to determine that such loss has been incurred.

(6) Before giving a direction to the company under subsection (1) (b) or (1) (c), the Minister shall obtain from the company details of the cost of complying with such direction and the company shall supply such information to the Minister on request.

(7) The Minister may stipulate, in consultation with the company and with the consent of the Minister for Finance, financial or other targets (including payment of dividends in respect of shares in the company) to be achieved by the company.

(8) Moneys required by the Minister to meet payments required by him under this section shall be advanced to him by the Minister for Finance out of moneys provided by the Oireachtas.