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SCHEDULE.
Acquisition of Land by District Planning Authority.
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1. A district planning authority proposing to acquire any land shall by order (in this Schedule referred to as a preliminary order) declare that they propose to acquire such land.
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2. A preliminary order shall not be made save within—
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(a) where the relevant injury to which this Act applies occurred before the passing of this Act—-whichever of the following periods ends later, that is to say, three months after the occurrence of such injury and four weeks after the passing of this Act, or
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(b) where such injury occurs after the passing of this Act—three months after its occurrence.
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3. The occupier or any person having an estate or interest in or right in respect of the land to which a preliminary order relates may, not later than twenty-one days after the posting in accordance with paragraph 16 of this Schedule of a copy of such order on or near the land to which such order relates, apply to the Minister for Local Government and Public Health for the annulment of such order, and, on such application the said Minister may at his discretion either annul such order or restrict the application of such order to portion of the land to which it originally related.
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4. Before determining an application under paragraph 3 of this Schedule, the Minister for Local Government and Public Health may hold a public inquiry into the subject matter thereof and Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every such public inquiry in like manner as the said Article applies in respect of the local inquiries therein mentioned.
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5. If no application is made under and in accordance with paragraph 3 of this Schedule for the annulment of a preliminary order or if, where any such application is made, on the determination thereof such preliminary order is not annulled, the district planning authority by whom such preliminary order was made shall by order (in this Schedule referred to as a vesting order) acquire the land to which such preliminary order relates or, where such determination has restricted the application of such preliminary order to part of such land, such part of such land.
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6. The time within which a vesting order shall be made shall be—
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(a) where no application is made under and in accordance with paragraph 3 of this Schedule for the annulment of the relevant preliminary order—fourteen days after the expiration of the time within which such application could have been made, and
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(b) in any other case—within fourteen days after the determination of the application under the said paragraph 3.
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7. Where a district planning authority, before making a vesting order, become aware that the land to be acquired by such order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission, to any annuity or other payment to the Commissioners of Public Works in Ireland or to any charge for estate duty or succession duty payable to the Revenue Commissioners on the death of any person, such authority shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners (as the case may be) of the intention to make such order.
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8. A vesting order shall be in the form specified by regulations of the Minister for Local Government and Public Health (which he is hereby authorised to make) and shall contain a map or plan of the land acquired by such order.
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9. A vesting order made by a district planning authority shall operate to vest the land to which it relates in such authority in fee simple free from incumbrances and all estates, rights, titles and interests of whatsoever kind on a date stated in such order, not being earlier than fourteen days after the making thereof.
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10. Notwithstanding anything contained in paragraph 9 of this Schedule, where a district planning authority has acquired by a vesting order land which is subject either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission, such authority shall become and be liable, as from the date on which such land is vested in them by such vesting order, for the payment to the Irish Land Commission of such annual sum or such portion thereof as shall be apportioned by the Irish Land Commission on such land as if such land had been transferred to such authority by the owner thereof on that date.
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11. The district planning authority by whom a vesting order was made may enter on and take possession of the land acquired by such order on the date on which such land is vested in them by such order or on any later date and, if any person obstructs or interferes with such entry or taking possession, such person shall be guilty of an offence under this paragraph and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds or to imprisonment for any term not exceeding three months or, at the discretion of the Court, to both such fine and such imprisonment.
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12. Where any land has become vested by means of a vesting order in a district planning authority, such district planning authority shall, as soon as may be after the date of vesting, send to the registering authority under the Local Registration of Title (Ireland) Act, 1891, such vesting order, and on receipt thereof the registering authority shall cause the title of such district planning authority to the ownership of such land in fee simple to be registered under the said Act and such registration shall comprise a statement that such land is vested in such district planning authority subject to the payment of any purchase annuity, payment in lieu of rent or other annual sum or portion thereof, payable to the Irish Land Commission under paragraph 10 of the Schedule to the Neutrality (War Damage to Property) Act, 1941.
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13. A district planning authority may use any land acquired by them by a vesting order for any purpose connected with their powers and duties (whether as such district planning authority or otherwise).
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14. Where the whole or any part of any land acquired by a vesting order is not required by the district planning authority by whom it was acquired, such authority may sell or let by public auction or private treaty in any one or more lots the whole or such part (as the case may be) of such land, but no such sale or letting shall take effect unless and until the Minister for Local Government and Public Health has consented thereto.
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15. Every sum received by a district planning authority in respect of the sale or lease of land acquired by a vesting order shall be applied by such authority for the purpose of their powers and duties (whether as such district planning authority or otherwise) in such manner as such authority, with the consent of the Minister for Local Government and Public Health, think proper.
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16. Whenever a district planning authority make a preliminary or a vesting order, they shall, within seven days after making such order—
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(a) post a copy of such order on or near the land to which it relates, and
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(b) give a copy of such order to the occupier (if any) of such land and to every (if any) person having an estate or interest in or right in respect of such land whose existence and name and address of ordinary residence can be ascertained by such authority by reasonable inquiries, and
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(c) give a copy of such order to the Minister.
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17. Where a preliminary or vesting order contains a map or plan of the land to which such order relates, such map or plan may be omitted from the copies of such order posted and given in pursuance of sub-paragraphs (a) and (c) of paragraph 16 of this Schedule, but a copy of such map or plan shall be deposited in the office of the district planning authority making such order and shall there be kept open for inspection at reasonable times and the said copies of such order shall contain a statement that such map or plan is deposited and kept open for inspection as aforesaid.
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18. (1) Where a copy of a preliminary or vesting order is required to be given to any person, such copy shall be addressed to such person and shall be given to him in one of the following ways, that is to say:—
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(a) by delivering it to such person,
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(b) by leaving it at the address at which such person ordinarily resides,
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(c) by sending by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.
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(2) For the purpose of giving a copy of a preliminary or vesting order to a company registered under the Companies Acts, 1908 to 1924, such company shall be deemed to be ordinarily resident at its registered office.
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(3) For the purpose of giving a copy of a preliminary or vesting order to a corporate body, not being a company registered under the Companies Acts, 1908 to 1924, or to an unincorporated body, such body shall be deemed to be ordinarily resident at its principal office or place of business.
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19. (1) Where a preliminary order relating to any land is annulled under paragraph 3 of this Schedule, the provisions of this Act relating to applications for compensation shall have effect in relation to such land as if the relevant injury to which this Act applies occurred on the date of such annulment.
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(2) Where the application of a preliminary order is restricted under paragraph 3 of this Schedule to a portion of the land to which it originally related, the provisions of this Act relating to applications for compensation shall have effect in relation to the remainder of such land as if the relevant injury to which this Act applies occurred on the date of such restriction of application of such order.
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