Institutional Burials Act 2022
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Notice of intention to carry out related activities on ancillary land | ||
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89. (1) A Director shall— | ||
(a) by notice in writing to the owner and occupier of ancillary land seek the consent of the owner and occupier to the carrying out of related activities on the land, | ||
(b) specify in the notice the period of time within which the consent referred to in paragraph (a) shall be provided, and | ||
(c) attach a statement of compensation to that notice. | ||
(2) A notice under subsection (1) shall have appended to it such maps and plans, on such scale, as are sufficient to enable the clear identification of the ancillary land. | ||
(3) Where the owner and occupier of ancillary land consent, within the period of time specified in a notice under subsection(1), to the Director carrying out related activities on the land, the Director shall, by notice in writing, inform the owner and occupier of the date on which the related activities shall commence. | ||
(4) Where the owner of ancillary land does not, within the period of time specified in a notice under subsection(1), consent to the Director carrying out related activities on the land or, having consented, withdraws that consent, a Director may, by notice in writing, advise the owner that if he or she does not consent within 28 days from the date of service of the notice, the Director may make an application to court under section 90 for an order authorising the Director to carry out related activities on the land for the duration of the period specified in the court order. | ||
(5) Where the owner consents, within the period of 28 days referred to in subsection (4), either unconditionally or with conditions acceptable to the Director, the Director may proceed to carry out related activities on that land at any time after the consent is given or at such time as may be agreed between the Director and the owner. | ||
(6) Where the occupier of ancillary land does not, within the period of time specified in a notice under subsection(1), consent to the Director carrying out related activities on the land or, having consented, withdraws that consent, a Director may, by notice in writing, advise the occupier that if he or she does not consent within 28 days from the date of service of the notice, the Director may make an application to court under section 90 for an order authorising the Director to carry out the related activities on the land for the duration of the period specified in the court order. | ||
(7) Where the occupier on whom a notice is served under subsection (6), within the period of 28 days referred to in that subsection, gives his or her consent either unconditionally or with conditions acceptable to the Director, the Director may proceed to carry out the related activities on the land at such time as may be agreed between the Director, the owner and the occupier. |