Institutional Burials Act 2022
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Application to court for order authorising related activities on ancillary land | ||
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90. (1) Where subsection (4) or (6) of section 89 applies, a Director may, where the owner or occupier of ancillary land, or both, as the case may be, do not consent within the period of 28 days referred to in the subsection concerned, apply to the relevant court for an order authorising the Director to carry out related activities on the land. | ||
(2) On application to it under subsection (1), the relevant court may make an order authorising the Director to carry out related activities on the ancillary land for such period as it specifies in the order where it is satisfied that— | ||
(a) there are no other reasonably practical means by which the relevant works may proceed on principal burial land or ancillary burial land, | ||
(b) having regard to the duration and extent of the proposed related activities and the effect of such activities on the use and enjoyment of the ancillary land, the proposed interference with the land represents the minimum intrusion that is reasonably possible and is proportionate, and | ||
(c) mitigations will be put in place to address any health and safety concerns that may arise from the proposed related activities. | ||
(3) In making an order under subsection (2), the relevant court may— | ||
(a) specify the works on the land concerned that may be carried out for the purposes of facilitating relevant works on the principal burial land or ancillary burial land, and | ||
(b) require the Director to put such mitigations in place as the court considers appropriate to address any health and safety concerns that arise from the proposed related activities on the land. | ||
(4) An appeal shall lie on a point of law only— | ||
(a) where the relevant court is the District Court, from a decision of the Circuit Court on appeal, | ||
(b) where the relevant court is the Circuit Court, from a decision of the High Court on appeal, and | ||
(c) where the relevant court is the High Court, from a decision of the High Court. | ||
(5) An application by a Director under this section or an appeal in respect of the decision of a relevant court may, at the request of the owner or occupier, as the case may be, be heard otherwise than in public. | ||
(6) In this section, “relevant court” means— | ||
(a) where the duration of the related activities and any remedial works under section 95 is likely to take, in total, less than 2 weeks, the District Court, and | ||
(b) in all other cases— | ||
(i) where the market value of the ancillary land concerned is less than €3 million, the Circuit Court, or | ||
(ii) where the market value of the ancillary land concerned is €3 million or greater, the High Court unless both parties agree to the Circuit Court having jurisdiction to hear the application. |