|
|
Applications to the Irish Land Commission.
|
3.—The following provisions shall apply in respect of every application to the Irish Land Commission under section 7 of and the schedule to the Principal Act as adapted and amended by this Act, that is to say:—
|
|
| |
(1) every such application shall be made to and heard and determined by the Irish Land Commission exclusive of the Judicial Commissioner;
|
|
| |
(2) an appeal shall lie to the Judicial Commissioner from every order made by the Irish Land Commission exclusive of the Judicial Commissioner on any such application;
|
|
| |
(3) the decision of the Judicial Commissioner on an appeal under this section shall be final;
|
|
| |
(4) no such application shall be refused unless the Irish Land Commission, exclusive of the Judicial Commissioner or, on appeal, the Judicial Commissioner is of opinion that the land to which the application relates comes within the provisions of sub-section (2) of section 7 of the Principal Act or that it is required for the purpose of relieving congestion under the Land Purchase Acts;
|
|
| |
(5) if the Irish Land Commission (exclusive of the Judicial Commissioner) or the Judicial Commissioner, as the case may be, is satisfied that after diligent inquiry the owner of the land to which an application or appeal relates cannot be found or cannot be ascertained such application or appeal may, notwithstanding anything to the contrary contained in the said section 7, be heard and determined in the absence of such owner;
|
|
| |
(6) an order made on any such application by the Irish Land Commission exclusive of the Judicial Commissioner or, on appeal, by the Judicial Commissioner, shall operate to extinguish as from the date of such order all grazing, turbary and other rights in the land to which such order relates subject to the payment by the Minister to the owners of such rights of compensation which shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919;
|
|
| |
(7) every such application and every such appeal shall be made and conducted in accordance with rules to be made by the Irish Land Commission.
|
