Dublin Docklands Development Authority Act, 1997

Transfer of land from statutory body to Authority.

28.—(1) (a) Subject to paragraph (b), the Minister may, after consultation with the statutory body concerned and with the consent of the appropriate Minister and the Minister for Finance, by order transfer from a statutory body to the Authority land situated in the Dublin Docklands Area together with all rights, powers and privileges relating to or connected with such land.

(b) The Minister shall not make an order under this section unless the Minister is satisfied that use of the land to which the order, if made, will relate is not necessary for the performance of the functions of the statutory body concerned.

(2) Where an order is made under this section there shall be payable to the statutory body by the Authority consideration in respect of the transfer and such consideration shall be such as may be agreed between the statutory body and the Authority or, in default of such agreement, such amount as shall be determined by arbitration in the like manner in all respects as a claim for compensation in relation to the compulsory acquisition of land under section 27 .

(3) An order under this section shall come into operation on such day or days as may be specified in the order and different days may be so specified in relation to different parts of the land to which the order relates.

(4) An order under this section may contain such incidental, consequential, transitional or supplementary provisions as may appear to the Minister to be necessary or proper for the purpose of, or in consequence of, or to give full effect to, a transfer of land effected by the order, including provisions for the application, modification, adaptation or other amendment of any enactment.

(5) Without prejudice to the generality of subsection (4), an order under this section may provide that the land to which the order relates shall, on the coming into operation of the order, cease to be within both the limits of the Harbour of Dublin and the limits of the Port of Dublin within the meaning of section 2 of the Dublin Port and Docks Act, 1869, or of the Harbours Act, 1996 , as the case may be.

(6) Where an order under this section is made, land to which the order relates shall, on the date specified in the order in relation to that land and without any further conveyance or assignment, become and be vested in the Authority for all the estate and interest of the statutory body.

(7) No action, proceedings, claim or demand of any kind or description shall lie against a statutory body by reason only of the agreement by it to accept, or acceptance by it of, a consideration payable under this section.

(8) A provision in any enactment apart from this Act shall neither be construed as affecting or preventing, nor shall it operate to affect or prevent, a transfer of land effected by an order made under this section.

(9) Section 12 of the Finance Act, 1895 , shall not apply to any transfer of land by virtue of an order under this section.