Gas Act, 1976

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Acquisition order.

32.—(1) The Board may apply to the Minister for an order under this section (which order is in this Act referred to as an “acquisition order”) to acquire compulsorily any land or right over land which,

(a) is required by the Board for or in connection with the performance of any function of the Board,

(b) is required in connection with the provision by a person, other than the Board, of a pipeline by means of which it is intended to supply natural gas to the Board,

(c) is required in connection with the provision by the Board for another person of a pipeline by means of which it is intended to supply natural gas, otherwise than by the Board, only to that person,

and, subject to the following provisions of this section the Minister may make an acquisition order in relation to the land or right over land.

(2) The provisions of the Second Schedule to this Act shall have effect as regards an acquisition order and any application for such an order.

(3) Before making an acquisition order the Minister shall consult the Minister for Lands and the Commission and also such other Minister of State, if any, as appears to him to be concerned.

(4) Where the Minister makes an acquisition order the following provisions shall have effect:

(a) in case the order is made in relation to land to be acquired by the Board, subject to such restrictions and other terms and conditions (if any) as the Minister specifies pursuant to Article 8 of the Second Schedule to this Act, the order shall without further assurance vest in the Board the estate or interest specified in the order in such land free from all rights (including any public right other than a public right of way) charges, burdens or other incumbrances or interests and from the claims of all persons who are interested in the said estate or interest in the land, whether in respect of incumbrances or interests therein or otherwise howsoever, other than—

(i) in case the land is subject to a State annuity and is vested by the order in the Board in fee simple, that State annuity,

(ii) such burdens (if any) as are specified in the order,

(b) in case the order is made in relation to a right over land other than a public right of way, the order shall, subject to such restrictions and provisions (if any) as the Minister so specifies, operate to grant or transfer to the Board the right, or interest in such a right, specified in the order, free from all claims and all other rights of any persons who are interested in that interest,

(c) in case the order is made in relation to a public right of way, the order shall operate to extinguish the public right of way.

(5) In addition to complying with the requirements of subsection (3) of this section, the Minister shall, before making an acquisition order, comply with the following requirements, namely;

(a) in case an acquisition order is to provide for the acquisition by the Board of land held by a local authority, a railway undertaker other than Córas Iompair Éireann, a gas undertaker other than the Board, a harbour authority, or an electricity undertaker other than the Electricity Supply Board, the order shall be so made only if the Minister is satisfied that the making of the order is in the public interest,

(b) in case the order is to provide for the extinguishment of a public right of way, the order shall not be so made until the Minister has caused an oral hearing to be held concerning the proposed extinguishment and has considered any objections or representations to the proposed extinguishment duly made and not withdrawn and the report of the person who held the hearing.

(6) Where an acquisition order vests land in the Board,

(a) the order shall operate, as on and from the date thereof, to transfer and attach to the amount paid by the Board to a person as compensation all estates, trusts and incumbrances subsisting in respect of the interest of the person in the land immediately before the date of the order, and

(b) the said amount shall as respects any rights or claims existing immediately before the date of the order, to or against the said interest, represent that interest for all purposes.

(7) Where land the ownership of which is registered under the Registration of Title Act, 1964 , becomes vested in the Board in fee simple by virtue of an acquisition order, the registering authority under that Act shall, upon production of a copy of the order under the official seal of the Minister, register the Board in the appropriate register maintained under that Act as owner (within the meaning of that Act) of the land and the authority shall in addition cause such other alterations (if any) to be made in the appropriate such register as are appropriate having regard to the terms of the order.

(8) An acquisition order shall have attached thereto a map or plan showing the land to which the order relates (which map or plan, when so attached, shall form part of the order).

(9) The Minister may by order amend an acquisition order and any references to an acquisition order in this section, apart from this subsection, or in the Second Schedule to this Act shall be construed as including references to an order under this subsection.

(10) In this section “pipeline” includes a pipeline terminal.