Derelict Sites Act, 1961

Objection to compulsory acquisition of derelict sites.

8.—(1) The occupier or any owner of land in respect of which a notice under paragraph (b) of subsection (1) of section 7 of this Act has been published by a local authority may, within one month after the date of the publication of the notice submit to the local authority an objection to the proposed compulsory acquisition referred to in the notice.

(2) An objection to the proposed compulsory acquisition of any land may be withdrawn by the person who submitted it by notice in writing sent to the local authority or to the Minister.

(3) Where in relation to the proposed compulsory acquisition of any land by a local authority an objection is submitted to the local authority in accordance with subsection (1) of this section and is not withdrawn, the land shall not be acquired compulsorily by the local authority without the consent of the Minister.

(4) An application by a local authority for the consent of the Minister to the compulsory acquisition of any land under this Act shall be accompanied by—

(a) a copy of the newspaper containing the notice referred to in paragraph (b) of subsection (1) of section 7 of this Act,

(b) a copy of the notice referred to in paragraph (c) of the said subsection (1),

(c) a copy of the map or plan of the land deposited in pursuance of the said subsection (1), and

(d) a copy of any objection submitted to the local authority in pursuance of this section in relation to the compulsory acquisition and not subsequently withdrawn,

and the local authority shall furnish to the Minister such other information in relation to the compulsory acquisition of the land as the Minister may require.

(5) On an application under subsection (4) of this section in relation to any land referred to in a notice published by a local authority under section 7 of this Act—

(a) if the Minister is of opinion that no part of the land consists of a derelict site, he shall refuse to grant his consent to the compulsory acquisition of the land by the local authority,

(b) if the Minister is of opinion that the whole of the land consists of a derelict site he shall—

(i) in case he is of opinion that the procedure under section 2 or section 3 of this Act is appropriate in relation to the whole of the land, refuse to grant his consent to the compulsory acquisition of the land by the local authority, and

(ii) in case he is of opinion that the procedure aforesaid is appropriate in relation to portion only of the land, refuse to grant his consent to the compulsory acquisition of that portion of the land by the local authority and grant his consent to the compulsory acquisition of the remainder of the land by the local authority, and

(iii) in any other case, grant his consent to the compulsory acquisition of the land by the local authority, and

(c) if the Minister is of opinion that part only of the land consists of a derelict site he shall—

(i) refuse to grant his consent to the compulsory acquisition of the remainder of the land by the local authority, and

(ii) in case he is of opinion that the procedure under section 2 or section 3 of this Act is appropriate in relation to the whole of the part aforesaid, refuse to grant his consent to the compulsory acquisition of the part by the local authority,

(iii) in case he is of opinion that the procedure aforesaid is appropriate in relation to portion only of the part, refuse to grant his consent to the compulsory acquisition of that portion by the local authority and grant his consent to the compulsory acquisition of the remainder of the part by the local authority,

(iv) in any other case, grant his consent to the compulsory acquisition of the part by the local authority, and

(d) notwithstanding anything contained in the preceding part of this subsection, if the Minister is of opinion that the provisions of section 7 of this Act have not been complied with by the local authority in relation to the land or any part thereof, he shall refuse to grant his consent to the compulsory acquisition of the land or the part, as the case may be, by the local authority.

(6) The Minister may adjourn consideration of an application (including an application the consideration of which has already been adjourned under this subsection) in relation to the proposed compulsory acquisition of land for such period as he considers reasonable in order to enable the person by whom the objection in relation to the acquisition was submitted to prevent the land from continuing to be a derelict site.