Land Act, 1939

Prohibition of removal of surface of certain land.

58.—(1) This section applies only to land the whole or an undivided share or undivided shares of which has or have been purchased or agreed to be purchased under the Land Purchase Acts and which is owned by two or more persons as joint tenants or as tenants in common.

(2) Whenever it appears to the Land Commission that the removal of the surface of any land or of part of any land to which this section applies has injured or is likely to injure such land by prejudicing the future reclamation, afforestation, cultivation, or other use thereof, the Land Commission may by order prohibit the removal of the surface of such land.

(3) The Land Commission shall not make an order under the foregoing sub-section of this section save—

(a) after giving in the prescribed manner the prescribed notice of their intention to make such order, and

(b) where such land or any part thereof is seashore within the meaning of the Foreshore Act, 1933 (No. 12 of 1933), after consultation with the Minister for Industry and Commerce.

(4) If any person removes the surface of any land in contravention of an order made by the Land Commission under this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one pound for every square yard of such land from which the surface is so removed.