S.I. No. 60/1959:

FORESTRY ACT, 1946 (PART III) (LAY COMMISSIONERS) REGULATIONS, 1959.

FORESTRY ACT, 1946 (PART III) (LAY COMMISSIONERS) REGULATIONS, 1959.

The 13th day of April, 1959.

It is this day ordered by the Minister for Lands by virtue of the powers conferred upon him by Section 5 of the Forestry Act, 1946 , (as amended by Section 6 of the Forestry Act, 1956 ), and of every other power him enabling in this behalf, with the concurrence of a majority of the Committee constituted pursuant to subsection (2), as amended, of the said Section 5 (applying subsection (1) of Section 3 of the Land Act, 1933 ), and after consultation with the President of the Incorporated Law Society of Ireland, that the following Regulations shall, from and after this date, take effect and be in force in relation to the matters or things prescribed therein.

ERSKINE H. CHILDERS,

Minister for Lands.

We hereby concur in the making of the following Regulations :

Members of the Committee. THOMAS TEEVAN

KEVIN O'SHIEL

T. O'BRIEN.

CHAPTER I.

PRELIMINARY.

Short Title.

(1) These Regulations may be cited as the Forestry Act, 1946 (Part III) (Lay Commissioners) Regulations, 1959.

Definitions.

(2) In these Regulations--

(a) " The Principal Act " means the Forestry Act, 1946 (No. 13 of 1946) ;

(b) " The Act " means the Forestry Act, 1956 (No. 6 of 1956).

Saving of existing Rules and Regulations

(3) The provisions (save in so far as any part of the same are at variance or inconsistent with the Act or the Principal Act) contained in any existing Rules and Regulations relating to the practice and procedure of the Lay Commissioners shall apply and have effect as if those Rules and Regulations (in so far as any part of them is applicable) were set out in these Regulations.

Interpretation.

(4) The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

CHAPTER II.

Award of Costs by Lay Commissioners.

(1) Regulation (2) of Chapter III of the Forestry Act, 1946 (Part III) (Lay Commissioners) Regulations of 1949, and Form 1 in the appendix to the said Regulations are hereby amended by the substitution of " £2 2s. 0d." for " £1 1s. 0d." where the latter occurs in the Regulation and Form.

CHAPTER III.

Authorisation to the Minister to acquire land compulsorily.

Regulation (2) of Chapter VII of the Forestry Act, 1946 (Part III) (Lay Commissioners) Regulations of 1949, is hereby rescinded and the following Regulation substituted therefor, that is to say :--

" (2) The notice of such application to be published as provided by Section 23 (2) of the Act shall specify the lands proposed to be acquired, shall state that the map or maps referred to in such application may be inspected at a specified place and shall be in Form 8A.

Any person objecting to the making of the order sought in the said application may file an objection in writing in Form 10 signed by the Objector or by a solicitor on his behalf. Such objection shall be lodged in the Secretariat of the Land Commission or sent by prepaid registered post addressed to the Secretary of the Land Commission, within one month of the publication of the prescribed notice of the application or of its service on such person (whichever shall be the later date), or within such extended time as may be allowed on application to the Lay Commissioners under Chapter VI of these Regulations. A copy of such objection shall be served by the Land Commission on the Minister for Lands.

All such objections shall be listed for hearing with the application for an acquisition order to which they relate and the prescribed notice of the hearing of the application shall be deemed to include notice of the hearing of the objections."

CHAPTER IV.

Representations

(1) A representation, being a representation specified in subsection (2) of Section 4 of the Act, shall be in writing in Form 11 and shall be signed by the objector or objectors or by a solicitor on his or their behalf, and shall be lodged in the Secretariat of the Land Commission or sent by prepaid registered post addressed to the Secretary of the Land Commission, within one month of the publication of the prescribed notice of the application for an acquisition order or of its service on the objectors (whichever shall be the later date), or within such extended time as may be allowed on application to the Lay Commissioners under Chapter VI of these Regulations.

(2) Notice of the lodgment of such representation shall be served by the Land Commission on the Minister for Lands and on every person appearing to them to have an interest in the land (other than the person or persons by whom, or on whose behalf, the representation has been made).

(3) All such representations shall be listed for hearing with the application for an acquisition order to which they relate and the prescribed notice of the hearing of the application shall be deemed to include notice of the hearing of the representations.

CHAPTER V.

Application for Certificate.

(1) An application to the Land Commission by an objector or any of the objectors for a certificate pursuant to Section 4 of the Act shall be made in writing in Form 12, and shall be signed by the objector or objectors or his or their solicitor.

(2) Such application shall be lodged in the Secretariat of the Land Commission or sent by prepaid registered post to the Secretary of the Land Commission.

CHAPTER VI.

Time and Forms.

(1) The Lay Commissioners shall have power to enlarge the time appointed by these Regulations or by the Forestry Act, 1946 (Part III) (Lay Commissioners) Regulations of 1949, for doing any act, or taking any proceedings, on such terms, if any, as the justice of the case may require, and any such enlargement may be applied for and ordered after the expiration of the time appointed.

(2) The forms in the appendix may be adapted or varied as the circumstances of a particular case may require, and they may be varied, cancelled or substituted, as the Lay Commissioners may from time to time direct.

EXPLANATORY NOTE.

The main purpose of these Regulations is to enable the Minister for Lands to acquire for Forestry purposes, land held in common where some of the co-owners are unwilling to sell their undivided shares. The Regulations prescribe the procedure whereby portion of a commonage may be acquired by the Minister after a judicial hearing at which dissentient co-owners may be heard ; the remainder of the land would, in such event, be held thenceforth by the dissentient co-owners, in shares proportionate to their former shares, one to another, in the entire commonage.

The Regulations also amend existing Regulations as to the cost of obtaining an Order to levy on foot of an unsatisfied award by the Lay Commissioners under Section 16 of the Forestry Act, 1946 .

APPENDIX.

FORM 8A.

Notice of Application for an Acquisition Order.

Forestry Act, 1946--Section 23 (2).

Forestry Act, 1956--Section 4.

The Minister for Lands hereby gives notice that he has applied, pursuant to Section 23 of the Forestry Act, 1946 , to the Lay Commissioners for an order authorising him to acquire compulsorily ALL That the lands of........................in the Barony of..............................and County of..............................A map or maps of the lands, as proposed to be acquired, may be inspected on any week-day at the offices of the Irish Land Commission, 24 Upper Merrion Street, Dublin, during the hours that the said offices are open for the transaction of business.

Any person objecting to the granting of the application, who intends to appear at the hearing, shall, within one month of the publication of this Notice or of its service on such person (whichever shall be the later date), lodge with, or send to, the Land Commission in the prescribed manner a written Objection (Form 10) or Representation (Form 11).

Department of Lands,

Forestry Division,

22, Upper Merrion Street,

Dublin

..................19...

FORM 10.

Objection to the making of an Acquisition Order.

Forestry Act, 1946--Section 23.

1. A.B............................................................ ............................................................ ........................................................

(state postal address in full and occupation or other description) (hereinafter called the objector) requests the Lay Commissioners that the acquisition order applied for by the Minister for Lands in respect of the land described in the Schedule hereto be not made.

2. The interest of the objector in the said land is :--

(here state the objector's interest).

3. The grounds relied upon by the objector in support of his objection are :--

(here state these fully).

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

Signed :....................................................

(Objector or his Solicitor)

SCHEDULE.

FORM 11.

Representation requesting that Acquisition Order be in respect of part only of land held in commonage.

Forestry Act, 1956--Section 4 (2).

1. A.B............................................................ ............................................................ .......................................................

(state postal address in full and occupation or other description) (hereinafter called the objector) requests the Lay Commissioners that the acquisition order applied for by the Minister for Lands in respect of the land held in commonage described in the Schedule hereto be in respect of part only of the land on the ground that the case is one in which it is proper that the provisions of sub-section (1) of Section 4 of the Forestry Act, 1956 , should have effect.

2. The interest of the objector in the said land is

(here state the objector's interest).

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

Signed :............................................................ .......

(Objector or his Solicitor).

SCHEDULE.

FORM 12.

Application to the Land Commission for a Certificate certifying the facts of a case and specifying the remainder of the land.

Forestry Act, 1956--Section 4 (1) (i) (v) and Section 4 (1) (ii) (v).

The application of A.B................................................of......................................................(state postal address in full and occupation or other description) (hereinafter called the objector) showeth :--

1. That an application for an acquisition order was made by the Minister for Lands pursuant to Section 23 of the Forestry Act, 1946 , in respect of the land held in commonage described in the Schedule hereto.

2. That the interest of the objector in the said land is

(here state the objector's interest).

3. That the objector made a representation pursuant to Section 4 (2) of the Forestry Act, 1956 , requesting that the said acquisition order be in respect of part only of the said land.

4. That the said application for an acquisition order was heard by the Lay Commissioners on the.................................day of.....................................................19...

*5. That an appeal against the acquisition order made by the Lay Commissioners was heard by the Appeal Tribunal on the.....................................................day of.......................................19...

6. That the said objector hereby applies to the Land Commission for a certificate certifying the facts of the case and specifying the remainder of the land.

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

Signed :............................................................ ..............

(objector or his Solicitor).

SCHEDULE.

*Strike out it inappropriate.