Roads (Amendment) Act, 1998
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Amendment of section 52 of Principal Act. |
5.—Section 52 of the Principal Act is hereby amended by the insertion— | |
(a) in subsection (1) after— | ||
(i) “acquire any land” of “or any substratum of land”, and | ||
(ii) “in respect of that land” of “or substratum of land”, | ||
and | ||
(b) after subsection (6) of the following subsections: | ||
“(7) For the purposes of subsection (1), any reference in section 10(1) (inserted by section 86 of the Housing Act, 1966 ) of the Local Government (No. 2) Act, 1960 , or in the Housing Act, 1966 , to land shall include a reference to a substratum of land. | ||
(8) For the purposes of subsection (1), the reference in section 10(4)(a) (inserted by section 86 of the Housing Act, 1966 ) of the Local Government (No. 2) Act, 1960 , to section 78 of the Housing Act, 1966 , shall be construed, as respects a scheme approved under section 49, as a reference to subsections (1) and (5) of the said section 78. | ||
(9) A scheme approved under section 49 shall come into operation— | ||
(a) in case an application for leave to apply for judicial review relating thereto has not been made, upon the expiration of— | ||
(i) the period of two months from the date on which notice of the decision under section 49(3) was first published, or | ||
(ii) such period as extended by the High Court or Supreme Court under section 55A, | ||
(b) in case such an application has been made, and has not been withdrawn, in so far as it has not been declared invalid or quashed pursuant to that review, upon the final determination of the proceedings concerned or such other date as may be determined in those proceedings, and | ||
(c) in case such an application has been made and is withdrawn, upon the date of the withdrawal.”. |