Minerals Development Act 2017

Rehabilitation acquisition order

149. (1) The Minister, with the prior consent of the Minister for Public Expenditure and Reform, may by order to be known as a “rehabilitation acquisition order” compulsorily acquire an estate or interest in private land for the purpose of implementing a rehabilitation plan if—

(a) the requirements of section 146 regarding public notice and consideration of objections have been complied with,

(b) the Minister has considered the recommendations of the hearing officer where an oral hearing has been conducted under section 147 , and

(c) the Minister is satisfied that it is necessary to compulsorily acquire the estate or interest in the land.

(2) A rehabilitation acquisition order shall—

(a) specify the estate or interest acquired, including its duration, and describe the land affected,

(b) in the case of the vesting of the fee simple estate, identify any interests to which the estate is subject, and

(c) contain such supplementary or ancillary provisions as the Minister considers appropriate.

(3) On the making of a rehabilitation acquisition order for the purpose of acquiring an estate or interest in land, the estate or interest is vested in the Minister on behalf of the State.

(4) The vesting of an estate or interest under subsection (3) that affects registered land occurs when the order is made notwithstanding the provisions of the Registration of Deeds and Title Acts 1964 and 2006.

(5) The Statutory Instruments Acts 1947 and 1955 do not primarily apply (within the meaning of those Acts) to an order made under subsection (2).