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Compulsory acquisition of land and disposal of land by Body.
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12.—(1) The Body may, with the consent of the Council, acquire compulsorily any land (including an inland waterway or part of an inland waterway) or any right, easement, title or interest in, over or in respect of any land (including an inland waterway or part of an inland waterway).
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(2) The Body shall not acquire or dispose of an inland waterway or part of an inland waterway without the consent of the Council.
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(3) The Schedule to the Act of 1990 shall apply for the purposes of the compulsory acquisition of land (including an inland waterway or part of an inland waterway) by the Body as if—
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(a) for the references to the Minister there were substituted references to Waterways Ireland,
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(b) for paragraph 2 there were substituted the following paragraph:
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“2. (1) The occupier or any owner of land in respect of which a notice under paragraph 1(1)(b) has been published may, within two months after the date of such publication, submit to Waterways Ireland an objection in writing to the proposed compulsory acquisition referred to in the notice.
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(2) An objection under subparagraph (1) may be withdrawn by the person who submitted it by notice in writing sent to Waterways Ireland or to the Minister.
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(3) (a) Where, in relation to the proposed compulsory acquisition of land under the British-Irish Agreement Act, 1999, an objection is submitted to Waterways Ireland in accordance with subparagraph (1) and is not withdrawn, the objection shall be considered by the Minister and the land shall not be acquired compulsorily without the consent of the Minister.
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(b) Where a public right of way exists over land proposed to be compulsorily acquired under this Act, the land shall not be acquired compulsorily without the consent of the Minister.
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(4) An application by Waterways Ireland for the consent of the Minister to the compulsory acquisition of land under the British-Irish Agreement Act, 1999, shall be accompanied by—
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(a) a copy of any objection concerned under subparagraph (1),
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(b) a copy of the newspaper containing the notice specified in paragraph 1(1)(b),
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(c) a copy of the notice specified in paragraph 1(1)(c), and
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(d) a copy of the map or plan of the land deposited in pursuance of paragraph 1(1)(a),
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and Waterways Ireland shall furnish to the Minister such other information in relation to the acquisition as the Minister may require.
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(5) On an application under subparagraph (4) in relation to land—
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(a) in case the Minister is of opinion that the provisions of paragraph 1 have not been complied with in relation to the land or part of the land, he or she shall refuse to grant his or her consent to the compulsory acquisition of the land or, as the case may be, refuse to grant his or her consent to the compulsory acquisition of the part and grant his or her consent to the compulsory acquisition of the remainder of the land,
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(b) in any other case, the Minister shall grant his or her consent to the compulsory acquisition of the land.”,
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and
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(c) for clause (c) of paragraph 3(1) there were substituted the following clause:
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“(c) the Minister gives his or her consent to the compulsory acquisition thereof by Waterways Ireland,”,
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and with any other necessary adaptations.
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