S.I. No. 91/1992 - Temple Bar Area Renewal and Development (Compulsory Acquisition) Regulations, 1992.

S.I. No. 91 of 1992.

TEMPLE BAR AREA RENEWAL AND DEVELOPMENT (COMPULSORY ACQUISITION) REGULATIONS, 1992.

The Minister for the Environment, in exercise of the powers conferred on him by the Third Schedule to the Temple Bar Area Renewal and Development Act, 1991 (No. 19 of 1991), hereby makes the following Regulations:—

1 Citation.

1. These Regulations may be cited as the Temple Bar Area Renewal and Development (Compulsory Acquisition) Regulations, 1992.

2 Interpretation.

2. In these Regulations:—

"the Company" and "the Minister" have the same meaning as in the Third Schedule;

"the Third Schedule" means the Third Schedule to the Temple Bar Area Renewal and Development Act, 1991 .

3 Form of notice under paragraph 2 (2) of Third Schedule.

3. Form No. 1 set out in the Schedule to these Regulations, or a form substantially to the like effect, shall be the form of notice of application to the Minister for an order under the Third Schedule, to be published and served by the Company in accordance with paragraph 2 (2) of the said Third Schedule, authorising the Company to acquire compulsorily any land or any interest in or right over land.

4 Form of vesting order.

4. Form No. 2 set out in the Schedule to these Regulations, or a form substantially to the like effect, shall be the form of vesting order to be made by the Minister in exercise of the powers conferred on him by paragraph 9 (1) of the Third Schedule.

SCHEDULE

COMPULSORY ACQUISITION UNDER TEMPLE BAR AREA RENEWAL AND DEVELOPMENT ACT, 1991 .

Notice is hereby given that Temple Bar Properties Limited (hereinafter called "the Company"), in exercise of the powers conferred on it by section 12 of the Temple Bar Area Renewal and Development Act, 1991 (hereinafter called "the Act"), applied to the Minister for the Environment on the .............. day of ......................................., 19.............., (1) (hereinafter called "the date of application") in accordance with paragraph 2 (1) of the Third Schedule to the Act for an order authorising the Company to acquire compulsorily the land/the interest in land/the right over land (2) (hereinafter called "the property") described in this notice.

Maps, plans and books of reference relating to the property have been deposited at ........................................................(3) and may be inspected there between the hours of ten o'clock in the morning and four o'clock in the afternoon (except on Saturdays, Sundays and public holidays).

Any person having an estate or interest in the property may, within one month of the date of application, lodge with the Minister for the Environment, Custom House, Dublin 1 an objection to the making of an order authorising the compulsory acquisition of the property.

The Act provides that the Minister for the Environment shall consider and determine any objection to an application by the Company for an order authorising it to acquire property compulsorily. Where no objection is made within the period of one month from the date of application or where the Minister rejects any objection made, the Minister shall authorise the Company to acquire the property compulsorily in accordance with the terms of its application or subject to such modifications, if any, as he may specify.

DESCRIPTION OF PROPERTY PROPOSED TO BE ACQUIRED (4)

Dated this ............................................. day of ............................................................ .. , 19............................

Directions for completing this form.

(1) Insert the date on which the application was made to the Minister.

(2) Delete words which do not apply.

(3) Insert location(s) at which maps, plans and books of reference have been deposited for inspection.

(4) The land, or interest in, or right over, land proposed to be acquired should be indicated.

FORM OF VESTING ORDER

TEMPLE BAR AREA RENEWAL AND DEVELOPMENT ACT, 1991

VESTING ORDER.

WHEREAS Temple Bar Properties Limited (hereinafter called "the Company") has entered on and taken possession of the land described in the Schedule hereto and shown on the map attached hereto in accordance with the powers conferred on it by paragraph 4 of the Third Schedule to the Temple Bar Area Renewal and Development Act, 1991 (hereinafter called "the Third Schedule");

AND WHEREAS the Minister for the Environment (hereinafter called "the Minister") is satisfied that the several interests in the said land have not been conveyed or transferred to the Company;

AND WHEREAS the Minister is satisfied that it is urgently necessary, in connection with the purposes for which the Company has been authorised to acquire the said land compulsorily, that the acquisition of the said land should be completed;

AND WHEREAS the Minister is satisfied that the Company has made a proper offer in writing to each person having an interest in the said land who has furnished sufficient particulars of his interest to enable the Company to make proper offer for such interest;

NOW THEREFORE, the Minister, in exercise of the powers conferred on him by the Third Schedule, hereby orders that the said land shall, on the ......... day of ..................., 19.........., vest in the Company in fee simple free from encumbrances and all estates, rights, titles and interests of whatsoever kind (other than any public right of way).

SCHEDULE

(Description of Land)

GIVEN under the Official Seal of the Minister for the Environment this

day of  , 19 .

Minister for the Environment.

GIVEN under the Official Seal of the Minister for the Environment

this14th day of April, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe procedural matters in relation to the compulsory acquisition of property by Temple Bar Properties Limited under the Temple Bar Area Renewal and Development Act, 1991 (No. 19 of 1991).