Local Government (Sanitary Services) Act, 1964

Objection to compulsory acquisition.

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 sanitary authority may, within one month after the date of the publication of the notice, submit to the 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(2) An objection to the proposed compulsory acquisition of any land may be withdrawn by the person who submitted it by notice in writing sent to the sanitary authority or to the Minister.

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authority an objection is submitted to the authority in accordance with subsection (1) of this section and is not withdrawn, the land shall not be acquired compulsorily by the authority without the consent of the Minister.

(4) An application by a sanitary 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to the sanitary authority in pursuance of this section in relation to the compulsory acquisition and not subsequently withdrawn,

and the 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 sanitary authority under paragraph (b) of subsection (1) of section 7 of this Act—

(a) if the Minister is of opinion that no part of the land consists of an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or is likely to be dangerous to any person or that has ceased, by reason of work carried out by the sanitary authority under paragraph (a) of subsection (1) of section 2 of this Act, to be or to be likely to be dangerous to any person, he shall refuse to grant his consent to the compulsory acquisition of the land by the authority,

(b) if the Minister is of opinion that the whole of the land consists of an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or is likely to be dangerous to any person or that has ceased, by reason of work carried out by the sanitary authority under paragraph (a) of subsection (1) of section 2 of this Act, to be or to be likely to be dangerous to any person, he may grant his consent to the compulsory acquisition of the land by the sanitary authority, and

(c) if the Minister is of opinion that part only of the land consists of an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or is likely to be dangerous to any person or that has ceased, by reason of work carried out by the sanitary authority under paragraph (a) of subsection (1) of section 2 of this Act, to be or to be likely to be dangerous to any person, he may grant his consent to the compulsory acquisition of that part of the land by the sanitary authority and he shall refuse to grant his consent to the compulsory acquisition of the remainder of the land by the authority,

(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 sanitary 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 sanitary authority.