Forestry Act, 1946

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Vesting orders.

26.—(1) Where an acquisition order in respect of any land is in force, the Minister may, if in his absolute discretion he so thinks fit, make, subject to subsection (2) of this section, an order under this section vesting the land in him on a specified date not earlier than one month after the making thereof.

(2) The Minister shall not make a vesting order in respect of any land which is subject in conjunction with any other land to any annual sum unless an order has been made under section 25 of this Act in relation to such lands.

(3) A vesting order shall—

(a) have attached thereto a map or plan showing the land to which the order relates;

(b) if the relevant acquisition order provides for the continuance of an existing easement or for the creation, in lieu of an existing easement, of a new easement, contain a similar provision.

(4) Where a vesting order is made in respect of any land, the following provisions shall have effect:—

(a) the vesting order shall operate to vest the said land in the Minister, as on and from the vesting date, for an estate in fee simple in possession subject—

(i) in case the said land is subject to a State annuity, to that State annuity,

(ii) to any easement, for the continuance or creation whereof provision is made in the vesting order in pursuance of subsection (3) of this section,

but save as aforesaid free from all public rights (if any) and from the claims of all persons who are interested in the said land, whether in respect of incumbrances or interests therein or otherwise howsoever;

(b) in respect of each interest subsisting in the said land immediately before the vesting date—

(i) the order shall operate, as on and from the vesting date, to transfer and attach to the compensation, payable in respect of that interest, all estates, trusts and incumbrances subsisting in respect of that interest immediately before the vesting date,

(ii) the said compensation shall, as respects any rights or claims, existing immediately before the vesting date, to or against that interest, represent that interest for all purposes,

(iii) if that interest was, immediately before the vesting date, settled land, within the meaning of the Settled Land Acts, 1882 to 1890, the said compensation shall be capital money for the purposes of those Acts.

(5) Where the Minister makes a vesting order in respect of any land, he shall as soon as may be thereafter—

(a) publish, in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the land is situate, a notice (which shall specify the place at which the vesting order may be inspected and the times for inspection) of the making of the order,

(b) serve a copy of such notice on all persons who appear to him to have had, immediately before the vesting date, any interest in the land.

(6) Where any public right is terminated by a vesting order the Minister may, if he thinks it necessary, arrange for a right to be exercisable by the public in lieu of the terminated public right.

(7) Where any land has become vested in the Minister by means of a vesting order, the Minister shall send to the registering authority under the Act of 1891 the vesting order and, on receipt thereof, the said registering authority shall cause the Minister to be registered under the Act of 1891 as owner in fee-simple of the land in accordance with the terms of the vesting order.

(8) No stamp duty shall be payable on any vesting order nor shall any fees be payable in respect of any proceedings in the Land Registry under subsection (7) of this section.