Forestry Act, 1946

Forestry Act, 1946 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1946 Forestry Act, 1946 Forestry Act, 1946 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 13 of 1946. FORESTRY ACT, 1946. ARRANGEMENT OF SECTIONS PART I. Preliminary And General. Section 1. Short title and commencement. 2. Definitions generally. 3. Service of certain documents. 4. Prosecution of offences. 5. Regulations. 6. Repeals. 7. Expenses. 8. Application of moneys received by the Minister. PART II. Promotion of Interests of Forestry and Development of Afforestation, and Production and Supply of Timber. 9. General powers of the Minister. 10. Consultative Committee. 11. Inspection of land. PART III. Extinguishment of Easements, Creation of Rights of Way and Compulsory Acquisition of Land. Chapter I. Preliminary and General. 12. Definitions for purposes of Part III. 13. Provisions in relation to applications and appeals under Part III. 14. Finality of decision of Appeal Tribunal on appeals under Part III. 15. Application of Acquisition of Land (Assessment of Compensation) Act, 1919. 16. Powers of Lay Commissioners and Appeal Tribunal to award costs in proceedings under Part III. 17. Payment of compensation under sections 19, 20, 21 and 30 of this Act. 18. Costs of deducing title to compensation under sections 19, 20, 21 or 30 of this Act. Chapter II. Extinguishment of Easements and Creation of Rights of Way. 19. Extinguishment of easements. 20. Temporary rights of way for the transport of timber. 21. Creation of rights of way. Chapter III. Compulsory Acquisition of Land. 22. Particulars of interests in land. 23. Authorisation to the Minister to acquire land compulsorily. 24. Assessment of value of interests in land the subject of an acquisition order. 25. Provisional apportionment of certain annual sums and assessment of value of part thereof. 26. Vesting orders. 27. Retrospective apportionment of State annuities in certain cases. 28. Taking possession of land acquired by the Minister. 29. Order for possession of land vested in the Minister. 30. Compensation. 31. Assessment of compensation in respect of interests. 32. Allocation of compensation in respect of mortgaged interests. 33. Fixing and payment of compensation in small cases. 34. Limited application of the Lands Clauses, Acts. PART IV . Restrictions on Cutting Down and Injuring Trees. 35. Definitions for purposes of Part IV. 36. Exclusion of particular species of trees from operation of Part IV. 37. Notice of intention to uproot or cut down trees. 38. Provisions in relation to trees intended to be uprooted for transplantation. 39. Prohibition orders. 40. Limited felling licences. 41. Attachment of replanting conditions and preservation conditions to limited felling licences. 42. Attachment of contributing condition to limited felling licences. 43. Suspension or termination of authority conferred by a limited felling licence. 44. Refusal of limited felling licence in order to preserve amenities. 45. Restriction of use of exempted trees. 46. Utilisation (exempted trees) orders. 47. Restriction of use of certain trees the subject of a utilisation (exempted trees) order. 48. Felling licences granted under section 8 of the Act of 1928. 49. General felling licences. 50. Conditions attached to licences, etc., to be specified therein. 51. Penalty for injuring trees. 52. Replanting orders. 53. Limitation on certain penalties. 54. Registration under the Registration of Title Act, 1891, of certain conditions and orders. 55. Panel of referees. 56. Reference of certain matters to a referee. 57. Transitory provisions. PART V. Miscellaneous. 58. Prevention of damage by rabbits and vermin. 59. Destruction of hares on lands held by the Minister for purposes of Act. 60. Other provisions in relation to destruction of hares. 61. Burning of vegetation. 62. Removal or destruction of vegetation on land adjoining woods. 63. Information from saw-millers. 64. Penalty for false statements, etc. 65. Transfer to the Minister for Agriculture of powers of Minister under Destructive Insects and Pests Acts, 1877 to 1929. SCHEDULE. Acts Referred to Registration of Title Act, 1942 No. 26 of 1942 Forestry Act, 1928 No. 34 of 1928 Land Act, 1933 No. 38 of 1933 Foreshore Act, 1933 No. 12 of 1933 Minerals Development Act, 1940 No. 31 of 1940 State Lands Act, 1924 No. 45 of 1924 Land Law (Commission) Act, 1923 No. 27 of 1923 Local Loans Fund Act, 1935 No. 16 of 1935 Enforcement of Court Orders Act, 1926 No. 18 of 1926 Court Officers Act, 1945 No. 25 of 1945 National Monuments Act, 1930 No. 2 of 1930 Local Government Act, 1925 No. 5 of 1925 Electricity Supply Act, 1927 No. 27 of 1927 Local Authorities (Miscellaneous Provisions) Act, 1936 No. 55 of 1936 Game Preservation Act, 1930 No. 11 of 1930 Number 13 of 1946. FORESTRY ACT, 1946. AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO FORESTRY. [12th June, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title and commencement. 1.—(1) This Act may be cited as the Forestry Act, 1946. (2) This Act shall come into operation on such day as the Minister shall by order appoint in that behalf. Definitions generally. 2.—In this Act— the expression “the Act of 1891” means the Registration of Title Act, 1891, as amended by the Registration of Title Act, 1942 (No. 26 of 1942); the expression “the Act of 1928” means the Forestry Act, 1928 (No. 34 of 1928); the expression “the Minister” means the Minister for Lands; the expression “the operative date” means the date on which this Act comes into operation; the word “prescribed” means prescribed by regulations made by the Minister under this Act; the word “timber” means wood which is the product of any tree; the word “tree” does not include any hazel, apple, plum, damson, pear or cherry tree grown for the value of its fruit or any ozier, but with those exceptions includes every tree of any age or any stage of growth; the word “wood” (save in the definition of the word “timber”) includes a plantation. Service of certain documents. 3.—(1) Where any document (other than a prohibition order made under subsection (1) of section 39 of this Act) is permitted or required by this Act to be served by the Minister or the Irish Land Commission on any person, the following provisions shall apply in relation to the service of that document, that is to say:— (a) the document may be served— (i) by delivering it to that person, or (ii) by sending it by registered post in an envelope addressed to that person at an address in the State at which he ordinarily resides or carries on business, or (iii) by sending it by registered post in an envelope addressed to an agent of that person at an address in the State at which such agent ordinarily resides or carries on business, (b) in case the Minister or the Irish Land Commission certifies that it is not reasonably practicable to serve the document in accordance with paragraph (a) of this subsection, the document shall be deemed to have been duly served on that person if a copy thereof is published in Iris Oifigiúil and the date of service shall be taken to be the date of such publication. (2) Where the Minister or the Irish Land Commission publishes, under subsection (1) of this section, in the Iris Oifigiúil a copy of a document, the Minister or the Irish Land Commission shall also publish a copy of that document in one or more newspapers circulating in the locality in which the land to which that document relates is situate. (3) For the purposes of this section, a company registered under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporate body shall be deemed to carry on business at its principal office or place of business in the State. Prosecution of offences. 4.—(1) Proceedings for an offence under any section or subsection of this Act shall not be instituted except by the Minister or with the consent of the Minister or an officer of the Department of Lands, not below the rank of an Assistant Secretary, nominated by the Minister for the purpose. (2) Every offence under any section or subsection of this Act may be prosecuted by or at the suit of the Minister as prosecutor. (3) Notwithstanding anything contained in section 10 of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under any section or subsection of this Act may be instituted at any time within one year after the time at which the cause of complaint has arisen. Regulations. 5.—(1) The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed. (2) Subsection (1) of section 3 of the Land Act, 1933 (No. 38 of 1933), shall apply to any regulations made by the Minister under this section prescribing any matter or thing referred to in Part III of this Act as prescribed, other than matters relating to the practice and procedure of the Appeal Tribunal, in like manner as if such matter or thing were being prescribed for the purposes of the Land Purchase Acts by rules made under the said subsection (1). (3) Subsection (7) of section 7 of the Land Act, 1933 , shall apply to any regulations made by the Minister under this section prescribing any matter or thing referred to in Part III of this Act as prescribed, where such matter or thing is connected with the practice or procedure of the Appeal Tribunal, in like manner as if such matter or thing were being prescribed for the purposes of the Land Purchase Acts by rules made under the said subsection (7). Repeals. 6.—Each enactment mentioned in the Schedule to this Act is hereby repealed to the extent specified in the third column of the said Schedule opposite the mention of that enactment. Expenses. 7.—All expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Application of moneys received by the Minister. 8.—All moneys received by the Minister under this Act shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister for Finance may direct. PART II. Promotion of Interests of Forestry and Development of Afforestation, and Production and Supply of Timber. General powers of the Minister. 9.—(1) Subject to the consent (either general or particular) of the Minister for Finance, the Minister may do all or any of the following things— (a) purchase or take on lease or otherwise acquire any land suitable for forestry or required for purposes in connection with afforestation or with the management of any woods or forests or any right (so required) over any land; (b) manage, plant and otherwise utilise any land vested in the Minister by virtue of the Forestry (Re-distribution of Public Services) Order, 1933 ( S. R. & O., No. 158 of 1933 ), or acquired under the Forestry Acts, 1919 and 1928, or under this Act, and erect such buildings or execute such other works thereon as he thinks necessary; (c) sell or let any land vested in the Minister by virtue of the Forestry (Re-distribution of Public Services) Order, 1933 (S. R. & O., No. 158 of 1933), or acquired under the Forestry Acts, 1919 and 1928, or under this Act, or exchange any such land for any other land and (where requisite on any such exchange) pay or receive money for equality of exchange or grant rights on or over any such land; (d) purchase or take on lease any buildings or works required in connection with his powers under this section and sell or let any buildings or works belonging to him; (e) purchase or otherwise acquire standing timber, and sell or otherwise dispose of any timber belonging to him, or, subject to such terms as may be mutually agreed, to a private owner, and generally promote the supply, sale, utilisation, and conversion of timber; (f) make advances by way of grant or by way of loan, or partly in one way and partly in the other, and upon such terms and subject to such conditions as he thinks fit, to persons (including local authorities) in respect of the afforestation (including the replanting) of land belonging to those persons; (g) undertake the planting, development, utilisation, management or supervision, upon such terms and subject to such conditions as may be agreed upon, or give assistance or advice in relation to, the planting or management of any woods or forests belonging to any persons, including woods and forests belonging to any Minister of State or belonging to a local authority; (h) establish and carry on or aid in the establishment and carrying on of woodland industries; (i) undertake the collection, preparation, publication and distribution of statistics relating to forestry and promote and develop instruction and training in forestry by establishing or aiding schools or other educational establishments or in such other manner as he thinks fit; (j) make or aid in making such inquiries, experiments and research, and collect or aid in collecting such information, as he thinks important for the purpose of promoting forestry and the teaching of forestry, and publish or otherwise take steps to make known the results of such inquiries, experiments or research and to disseminate such information; (k) disseminate, or aid in the dissemination of, information likely, in his opinion, to arouse, stimulate, or increase, public interest in forestry or woodland industries; (l) make or aid in making such inquiries as he thinks necessary for the purpose of securing an adequate supply of timber in the State or promoting the sale, utilisation or conversion of timber or fostering the establishment or extension of woodland industries. (2) Nothing in subsection (1) of this section shall be construed as authorising the Minister to sell, or let, or exchange for other land, any foreshore, within the meaning of the Foreshore Act, 1933 (No. 12 of 1933), or any State Minerals, within the meaning of the Minerals Development Act, 1940 (No. 31 of 1940). (3) The State Lands Act, 1924 (No. 45 of 1924), shall, in so far as it applies to any such land as is mentioned in paragraph (c) of subsection (1) of this section, cease to apply. (4) The Minister may accept any gift made to him for all or any of the purposes of this Act, and, subject to the terms thereof, may apply it for those purposes in accordance with regulations which he is hereby authorised to make. (5) Any person under a disability referred to in section 7 of the Lands Clauses Consolidation Act, 1845 , may enter into agreements with the Minister for the purposes of this section in like manner in all respects as he is entitled to enter into agreements for the purpose of the said section 7. (6) The Minister shall, as soon as may be after the expiration of every financial year (other than the financial year 1945-46) cause to be laid before each House of the Oireachtas a report of his proceedings under this Act during that year. Consultative Committee. 10.—(1) The Minister may by order establish a consultative committee (in this section referred to as the Consultative Committee) for giving to the Minister in accordance with the provisions of the order advice and assistance with respect to the exercise by the Minister of his powers under this Act. (2) The constitution of the Consultative Committee shall be such as may be determined by the order establishing it, so, however, that the members of the said Committee shall include— (a) a representative of the Minister for Agriculture; (b) a person having practical experience of matters relating to forestry; (c) a person with knowledge and experience of the home grown timber trade; (d) a person with knowledge or experience of labour matters; (e) a person with knowledge or experience of the work of county councils; (f) a member of any society existing for the promotion of afforestation; (g) an owner of woodland. Inspection of land. 11.—(1) Any authorised officer may enter on and survey any land for the purpose of ascertaining whether it is suitable for afforestation or for the purpose of inspecting any timber thereon or for any other purpose in connection with the exercise of the powers of the Minister under this Act. (2) An authorised officer, who enters on any land in pursuance of his power under this section, shall, if so required by the occupier of that land, produce his authority to such occupier and permit him to read it. (3) If any person obstructs or interferes with an authorised officer in the exercise of any power conferred on him by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. (4) In this section the expression “authorised officer” means a person appointed in writing by the Minister to be an authorised officer for the purposes of this section. PART III. Extinguishment of Easements, Creation of Rights of Way and Compulsory Acquisition of Land. Chapter I. Preliminary and General. Definitions for purposes of Part III. 12.—In this Part— the expression “acquisition order” means an order made under section 23 of this Act; the expression “annual sum” means any annual or periodical payment charged on land, but does not include— (a) any State annuity, or (b) a rent payable to the Land Commission or the Commissioners under a contract of tenancy expressed to be made for temporary convenience, or (c) interest on a mortgage, or (d) a charge subsisting under a settlement; the expression “the Appeal Tribunal” means the tribunal constituted by section 7 of the Land Act, 1933 (No. 38 of 1933); the expression “assessment order” means an order made under subsection (2) of section 24 or subsection (1) of section 25 of this Act; the expression “charge subsisting under a settlement” means a charge subsisting or to arise under a settlement, within the meaning of the Settled Land Acts, 1882 to 1890, not being a charge having priority to the settlement or a charge created for securing money actually raised; the expression “the Commissioners” means the Commissioners of Public Works in Ireland; the word “easement” includes any profit-à-prendre or other right in or over land; the word “interest”, in relation to land, includes— (a) an easement, (b) an annual sum, but does not include— (c) a tenancy from year to year held under the Land Commission or the Commissioners and expressed in the contract of tenancy to be for temporary convenience, or (d) a State annuity, or (e) a mortgage on land, or (f) a charge subsisting under a settlement affecting the land; the expression “the Judicial Commissioner” means the Judge of the High Court for the time being assigned to discharge the office of Judicial Commissioner under the Land Law (Commission) Act, 1923 (No. 27 of 1923); the expression “the Land Commission” means the Irish Land Commission; the expression “the Lay Commissioners” means the Land Commissioners other than members of the Appeal Tribunal; the word “lease” includes a fee farm grant and any contract of tenancy; the word “mortgage” includes an equitable mortgage, a charge for securing any capital sum, and a judgment mortgage, but does not include a State annuity or a charge subsisting under a settlement, and the words “mortgagee” and “mortgagor” shall be construed accordingly and shall respectively include a person from time to time deriving title under the original mortgagee and a person from time to time deriving title under the original mortgagor; the word “owner”, in relation to land, means— (a) where the land is vested under the Land Purchase Acts in the Land Commission, but not in the tenant-purchaser or purchaser thereof, the person who is for the time being the tenant-purchaser or purchaser, as the case may be, of such land, and (b) in any other case, the owner of the lowest estate in the land constituting an estate saleable under the Land Purchase Acts; the expression “State annuity” means any sum being— (a) any land purchase annuity or any annual sum equivalent to a purchase annuity, within the meaning of the Land Purchase Acts, payable to the Land Commission, or (b) any land purchase annuity payable to the Commissioners, or (c) any rent charge, annuity or yearly or half-yearly payment payable to the Commissioners in respect of any local loan, within the meaning of the Local Loans Fund Act, 1935 (No. 16 of 1935); the expression “vesting date” means, in relation to any land which is the subject of a vesting order, the date specified in that order as the date on which the land is to vest in the Minister; the expression “vested land” means land which is the subject of a vesting order; the expression “vesting order” means an order made under section 26 of this Act. Provisions in relation to applications and appeals under Part III. 13.—Every application and every appeal under any section contained in this Part shall be made and conducted in the prescribed manner. Finality of decision of Appeal Tribunal on appeals under Part III. 14.—(1) The decision of the Appeal Tribunal on any appeal under any section contained in this Part shall be final. (2) Where, in the course of the hearing of an appeal to the Appeal Tribunal under any section contained in this Part, any party to the appeal requests the Appeal Tribunal to refer a question of law arising on the appeal to the Supreme Court by way of case stated for the determination of the Supreme Court, the Appeal Tribunal shall refer the question to the Supreme Court accordingly, and adjourn its decision on the appeal pending the determination of such case stated. Application of Acquisition of Land (Assessment of Compensation) Act, 1919. 15.— Section 2 of the Acquisition of Land (Assessment of Compensation) Act, 1919 , shall apply in relation to— (a) the fixing of compensation under sections 19 , 20 or 21 of this Act, (b) the assessing, under sections 24 or 25 of this Act, of any value, (c) the fixing of compensation under section 31 of this Act, with the modification that the references in the said section 2 to the official arbitrator shall be construed as references to the Lay Commissioners. Powers of Lay Commissioners and Appeal Tribunal to award costs in proceedings under Part III. 16.—(1) (a) In any proceedings under this Part heard and determined by the Lay Commissioners or the Appeal Tribunal, the Lay Commissioners or the Appeal Tribunal, as the case may be, may direct that the costs and expenses of any party to such proceedings shall be paid by any other party thereto, and they may also, on the application of such first-mentioned party, issue an order for the levying of the amount (as taxed or measured in accordance with paragraph (b) of this subsection) of such costs and expenses together with the costs of obtaining such order. (b) Where the Lay Commissioners or the Appeal Tribunal direct, under paragraph (a) of this subsection, that the costs and expenses of any party to proceedings heard and determined by them shall be paid by any other party thereto, the said costs and expenses shall be taxed by a Taxing Master of the High Court, unless both the said parties agree that the said costs and expenses should be measured by the Lay Commissioners or the Appeal Tribunal, as the case may be, in which case the said costs and expenses shall be so measured. (2) Every order made by the Lay Commissioners or the Appeal Tribunal under this section shall be executed by a county registrar in like manner as if it were an execution order within the meaning of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926). (3) In the application of subsection (2) of this section in relation to a county or county borough for which there is for the time being an under-sheriff, the said subsection shall have effect as if the word “under-sheriff” were substituted for the expression “county registrar”. (4) In the application of subsection (2) of this section in relation to a county or county borough in which there is for the time being a sheriff, appointed under section 12 of the Court Officers Act, 1945 (No. 25 of 1945), in whom the functions of the county registrar for such county or county borough in relation to the execution of execution orders are for the time being vested, the said subsection shall have effect as if the word “sheriff” were substituted for the expression “county registrar”. Payment of compensation under sections 19 , 20 , 21 and 30 of this Act. 17.—(1) In this section the expression “mortgaged interest” means any interest, which was immediately before the vesting date subject to any mortgages, in vested land. (2) The following provisions shall apply in respect of compensation for an interest in vested land which is not a mortgaged interest:— (a) in case, within three months after the final determination, of the compensation, any person applies to the Minister for payment thereof, and satisfies the Minister that he is competent to give an effective discharge therefor, the compensation being regarded for this purpose as the proceeds of a sale of such interest effected immediately before the vesting date, the Minister shall pay the compensation to that person; (b) in any other case,— (i) if the compensation does not exceed one thousand pounds, the Minister shall pay it into the Circuit Court and the Circuit Court shall thereupon have with respect thereto all the jurisdiction exercisable by the High Court under the Lands Clauses Acts, (ii) if the compensation exceeds one thousand pounds, it shall be paid, applied and dealt with in accordance with the provisions of the Lands Clauses Consolidation Act, 1845 , with respect to purchase money or compensation coming to parties having limited interests or prevented from treating or not making title, and those provisions shall have effect accordingly. (3) The following provisions shall apply in respect of any sum (representing the whole or part of compensation for an interest in vested land which is a mortgaged interest) allocated to a mortgagee under section 32 of this Act:— (a) in case, within three months after such allocation, any person applies to the Minister for payment thereof and satisfies the Minister that he is competent to give an effective discharge therefor, the Minister shall pay the said sum to that person; (b) in any other case, subparagraphs (i) and (ii) of paragraph (b) of subsection (2) of this section shall apply in relation to the said sum as the said subparagraphs apply to the compensation referred to therein. (4) The following provisions shall apply in respect of any sum (representing part of compensation for an interest in vested land which is a mortgaged interest) allocated to the mortgagor under section 32 of this Act:— (a) in case, within three months after such allocation, any person applies to the Minister for payment thereof and satisfies the Minister that he is competent to give an effective discharge therefor, the said sum being regarded for this purpose as the net proceeds of a sale of such interest effected immediately before the vesting date, the Minister shall pay the said sum to that person; (b) in any other case, subparagraphs (i) and (ii) of paragraph (b) of subsection (2) of this section shall apply in relation to the said sum as the said subparagraphs apply to the compensation referred to therein. (5) The following provisions shall apply in respect of compensation payable under sections 19 or 21 of this Act or payable by the Minister under section 20 of this Act:— (a) in case, within three months after the final determination of the compensation, any person applies to the Minister for payment thereof and satisfies the Minister that he is competent to give an effective discharge therefor, the Minister shall pay the compensation to that person, (b) in any other case, subparagraphs (i) and (ii) of paragraph (b) of subsection (2) of this section shall apply in relation to the said compensation as the said subparagraphs apply to the compensation referred to therein. (6) The Minister, if he thinks proper, may, in any particular case, extend the period of three months mentioned in subsections (2), (3), (4) and (5) of this section. (7) (a) The compensation referred to or part of compensation referred to in subsection (2), (3) or (4) of this section shall bear interest at the rate of three pounds per cent. per annum in respect of the period from the vesting date until the date on which it is paid. (b) The compensation referred to in subsection (5) of this section shall bear interest at the rate of three pounds per cent. per annum from the date on which the relevant extinguishment order or order under section 20 or 21 of this Act, as the case may be, comes into force to the date on which it is paid. (8) Where— (a) the Minister is required by subsections (2), (3), (4) or (5) of this section to pay to any person any sum, and (b) any money (in this subsection referred to as the State debt) is owing by that person to a Minister of State, the Revenue Commissioners, the Commissioners or the Land Commission, the Minister may, in lieu of paying the said sum (including interest thereon) to that person, apply the said sum and interest in or towards the payment of the State debt and pay to that person the balance (if any) thereof remaining. (9) (a) The following provisions shall apply in respect of compensation payable by any person (other than the Minister) under section 20 of this Act:— (i) in case, within three months after the final determination of the compensation, any person (in this paragraph referred to as the applicant) applies to the person liable to pay the compensation (in this paragraph referred to as the liable person) for payment thereof and satisfies the liable person that the applicant is competent to give an effective discharge therefor, the liable person shall pay the compensation to the applicant, (ii) in any other case, subparagraphs (i) and (ii) of paragraph (b) of subsection (2) of this section shall apply to the said compensation as the said subparagraphs apply to the compensation referred to therein, and as if the reference therein to the Minister were a reference to the liable person. (b) The compensation referred to in paragraph (a) of this subsection shall bear interest at the rate of three pounds per cent. per annum from the date on which the relevant order under section 20 of this Act comes into force to the date on which it is paid. (c) If any person (other than the Minister), who is liable to pay compensation under section 20 of this Act, fails to comply with the provisions of the foregoing paragraphs of this subsection, any person, who is competent to give an effective discharge for such compensation, may recover from such first-mentioned person such compensation and the interest payable thereon under paragraph (b) of this subsection as a simple contract debt in a court of competent jurisdiction. (10) The payment of compensation or part of compensation and interest in accordance with the foregoing provisions of this section shall be a good discharge therefor. Costs of deducing title to compensation under sections 19 , 20 , 21 or 30 of this Act. 18.—Where any sum (being compensation under section 19 , 20 or 21 of this Act or compensation or part of compensation under section 30 of this Act) is payable to any person, then, unless such sum is deposited in Court under section 17 of this Act by reason of the wilful default of that person to make a good title thereto, the person liable to pay such sum shall pay to such first-mentioned person the costs incurred by him in deducing, evidencing and verifying the title to such sum, and section 83 of the Lands Clauses Consolidation Act, 1845 , shall apply in relation to such costs, and for the purposes of such application the person liable to pay such sum shall be deemed to be promoter of the undertaking. Chapter II. Extinguishment of Easements and Creation of Rights of Way. Extinguishment of easements. 19.—(1) Where any land held by the Minister for the purposes of this Act is subject to any easements, the Minister may apply to the Lay Commissioners for an order (in this section referred to as an extinguishment order) under this section extinguishing such easements or any one or more of such easements. (2) The Minister shall, immediately upon making an application for an extinguishment order, do the following things:— (a) publish the prescribed notice of the application in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the land to which the application relates is situate, and (b) serve a copy of such notice on the occupier (if any) of the land to which any easement to which the application relates is believed to be appurtenant and on every person who appears to the Minister to be the owner of any such land, if it is practicable to ascertain that person. (3) Every application for an extinguishment order shall be heard by the Lay Commissioners, after they have published the prescribed notice of the hearing in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the land to which the application relates is situate. (4) Where an application for an extinguishment order in relation to any land has been heard, the Lay Commissioners may— (a) make the order in terms of the application, or (b) make the order, with the exclusion from the operation thereof of any specified easements affecting the land, or (c) refuse the application. (5) Where an extinguishment order in relation to any land has been made by the Lay Commissioners, any person entitled to any easement, affecting such land, which will be extinguished by the operation of the order, may, within two months after the making of the order, appeal to the Appeal Tribunal against the order in so far as it will operate to extinguish such easement and the Appeal Tribunal may, on such appeal,— (a) confirm the order, or (b) revoke the order, or (c) vary the order so as to exclude such easement from the operation of the order. (6) Where an application for an extinguishment order in relation to any land is refused, the Minister may, within two months after such refusal, appeal to the Appeal Tribunal against such refusal, and the Appeal Tribunal may, on such appeal,— (a) affirm such refusal, or (b) make the order in terms of the application, or (c) make the order, with the exclusion from the operation thereof of any specified easement or easements affecting the land. (7) Where an extinguishment order in respect of any land is made by the Lay Commissioners with the exclusion of any easement affecting the land from the operation of the order, the Minister may, within two months after the making of the order, appeal to the Appeal Tribunal against the exclusion of such easement from the operation of the order, and the Appeal Tribunal may, on such appeal,— (a) confirm the order, or (b) vary the order by including the said easement therein. (8) The Minister and any person interested, as being entitled to an easement affecting any land, which is the subject of an application or an appeal under any of the previous subsections of this section, shall be entitled to be heard on the hearing of the application or the appeal. (9) (a) An extinguishment order made by the Lay Commissioners shall not come into force save as is provided by paragraphs (b) or (c) of this subsection. (b) Where an extinguishment order is made by the Lay Commissioners and no appeal in respect of it is taken under subsections (5) or (7) of this section, it shall come into force immediately upon the expiration of two months after it is made. (c) Where an extinguishment order made by the Lay Commissioners is confirmed or varied by the Appeal Tribunal under subsections (5) or (7) of this section, it shall come into force on the date on which it is so confirmed or varied. (d) Where an extinguishment order is made by the Appeal Tribunal under subsection (6) of this section, it shall come into force on the date on which it is made. (10) (a) Where an extinguishment order in respect of any land has come into force, the Minister shall be liable to pay compensation to any person entitled to an easement, affecting the land, which is extinguished by the operation of the order. (b) Any compensation payable by the Minister under this subsection shall, in default of agreement, be fixed by the Lay Commissioners on application of the Minister or the person claiming to be entitled to such compensation. (c) The Minister or any person claiming to be entitled to compensation under this subsection may, within one month after the date on which an application to fix such compensation has been decided by the Lay Commissioners, appeal to the Appeal Tribunal against the decision. (11) Where an extinguishment order in respect of any land, which is registered under the Act of 1891, has come into force, the Minister shall send a copy of the order to the registering authority under the Act of 1891, and the said registering authority shall enter in the appropriate folio particulars of the order. (12) No stamp duty shall be payable on any extinguishment order, nor shall any fees be payable in respect of any proceedings in the Land Registry under subsection (11) of this section. Temporary rights of way for the transport of timber. 20.—(1) Where, for the purpose of transporting any timber (including timber to be derived from trees proposed to be felled) from a wood or forest to a public road or to a railway or waterway, the owner of such timber requires a right of way (in this subsection referred to as the required right of way) by a particular route over any land (in this subsection referred to as the proposed servient tenement), he may make an application (which shall indicate, by reference to a plan to be attached to the application, the required right of way and shall specify the period (which shall not exceed twelve months and is in this subsection referred to as the required period) during which he wishes to exercise the required right of way) to the Lay Commissioners for an order granting to him the required right of way, and thereupon the following provisions shall have effect:— (a) the applicant shall, upon making the application, serve the prescribed notice of the application on the occupier (if any) of the proposed servient tenement and on the person who appears to him to be the owner of the proposed servient tenement, if it is reasonably practicable to ascertain that person; (b) the Lay Commissioners shall publish the prescribed notice of the hearing of the application in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the proposed servient tenement is situate; (c) the Lay Commissioners, after hearing the application, may— (i) make an order granting to the applicant a right of way (being, as they think fit, either the required right of way or another right of way), exercisable during the required period or such other period (not exceeding twelve months) as they think fit, over the proposed servient tenement, or (ii) refuse the application; (d) if the Lay Commissioners make the order, the occupier or the owner of the proposed servient tenement may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, and the Appeal Tribunal may, on such appeal,— (i) confirm the order, or (ii) confirm the order, but do either or both of the following things, namely, alter the route of the right of way thereby created and alter the period (so however that it shall not exceed twelve months) specified in the order as the period during which the right of way is to be exercisable, or (iii) revoke the order; (e) if the Lay Commissioners refuse to make the order, the applicant may, within two months after such refusal, appeal to the Appeal Tribunal against such refusal, and the Appeal Tribunal may, on such appeal,— (i) affirm such refusal, or (ii) make an order granting to the applicant a right of way (being, as they think fit, either the required right of way or another right of way), exercisable during the required period or such other period (not exceeding twelve months) as they think fit, over the proposed servient tenement; (f) if the Lay Commissioners make the order, but grant thereby a right of way other than the required right of way, the applicant may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, in so far as it grants a right of way other than the required right of way, and the Appeal Tribunal may, on such appeal,— (i) confirm the order as made by the Lay Commissioners, or (ii) vary the order by substituting a right of way different from that specified in the order; (g) if the Lay Commissioners make the order, but thereby grant a right of way exercisable for a period less than the required period, the applicant may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, in so far as it grants a right of way exercisable for a period less than the required period, and the Appeal Tribunal may, on such appeal,— (i) confirm the order as made by the Lay Commissioners, or (ii) vary the order by altering the period (so however that it shall not exceed twelve months) specified in the order as the period during which the right of way is to be exercisable; (h) the applicant and the occupier and the owner of the proposed servient tenement shall each be entitled to be heard on the hearing of the application or of an appeal under this subsection; (i) if the Lay Commissioners or the Appeal Tribunal (as the case may be) are satisfied that after diligent inquiry the owner of the proposed servient tenement cannot be found or ascertained, the application or an appeal under this subsection may be heard and determined, notwithstanding the fact that such owner has not been found or ascertained. (2) Every order under subsection (1) of this section shall— (a) have attached thereto a map showing the location of the right of way thereby granted and its extent, (b) be expressed and operate to confer on the grantee under the order and his licensees a right, during the period (which shall be taken as commencing on the date on which the order comes into force) specified in the order, to pass and repass, with or without vehicles and animals, over the portion of land over which the right of way as shown on the said map is exercisable, (c) operate to authorise the said grantee to construct and maintain a road on such portion. (3) (a) An order made under subsection (1) of this section by the Lay Commissioners shall not come into force save as is provided by paragraphs (b) or (c) of this subsection. (b) Where an order is made under subsection (1) of this section by the Lay Commissioners and no appeal in respect of it is duly taken under the said subsection (1), the order shall come into force immediately upon the expiration of two months after the date on which the order is made. (c) Where an order is made under subsection (1) of this section by the Lay Commissioners and is confirmed or varied by the Appeal Tribunal under the said subsection (1), the order shall come into force on the date on which it is so confirmed or varied. (d) Where an order is made under subsection (1) of this section by the Appeal Tribunal, the order shall come into force on the date on which it is so made. (4) (a) Where an order under subsection (1) of this section has come into force, the grantee under the order shall be liable to pay compensation to the occupier (if any) and the owner of the land over which the right of way is granted by the order. (b) Any compensation payable under this subsection shall, in default of agreement, be fixed by the Lay Commissioners on the application of the person liable to pay the compensation or the person claiming to be entitled to it. (c) The person liable to pay any compensation under this subsection or any person claiming to be entitled to such compensation may, within one month after the date on which an application to fix such compensation has been decided by the Lay Commissioners, appeal to the Appeal Tribunal against the decision. (5) Where the grantee under an order made under subsection (1), of this section constructs a road over the portion of land over which the right of way granted by the order is exercisable, the occupier or owner of such land may, within one month after the expiration of the period during which the right is exercisable, serve on the said grantee a notice requiring him to remove from such portion the materials used for the construction of such road, and thereupon the following provisions shall have effect— (a) the said grantee shall, not later than one month after the service of the notice, remove the said materials, (b) if the said grantee fails to comply with paragraph (a) of this subsection, the occupier or owner may remove the said materials and, in that case, may recover from the said grantee as a simple contract debt in any court of competent jurisdiction the expenses incurred by him in such removal. (6) Where the land, over which a right of way is granted by an order under subsection (1) of this section, is registered under the Act of 1891, the Land Commission shall send a copy of the order to the registering authority under the Act of 1891, together with a certificate as to the date on which the order came into force, and the said registering authority shall register the said right of way as a burden affecting the said land during the period for which the said right of way is exercisable. (7) No stamp duty shall be payable on any order under sub-section (1) of this section, nor shall any fees be payable in respect of any proceedings in the Land Registry under subsection (6) of this section. Creation of rights of way. 21.—(1) Where the Minister requires, in connection with any land (in this subsection referred to as the proposed dominant tenement) held by him for the purposes of this Act, a right of way (in this subsection referred to as the required right of way) by a particular route over any other land (in this subsection referred to as the proposed servient tenement), he may make an application (which shall indicate, by reference to a plan to be attached to the application, the required right of way) to the Lay Commissioners for an order creating the required right of way, and thereupon the following provisions shall have effect:— (a) the Minister shall, upon making the application, serve the prescribed notice of the application on the occupier (if any) of the proposed servient tenement and on the person who appears to the Minister to be the owner of the proposed servient tenement, if it is reasonably practicable to ascertain that person; (b) the Lay Commissioners shall publish the prescribed notice of the hearing of the application in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the proposed servient tenement is situate; (c) the Lay Commissioners, after hearing the application, may— (i) make an order creating a right of way (being, as they think fit, either the required right of way or another right of way) over the proposed servient tenement as appurtenant to the proposed dominant tenement, or (ii) refuse the application; (d) if the Lay Commissioners make the order, the occupier or the owner of the proposed servient tenement may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, and the Appeal Tribunal may, on such appeal,— (i) confirm the order, or (ii) confirm the order but alter the route of the right of way thereby created, or (iii) revoke the order; (e) if the Lay Commissioners refuse to make an order, the Minister may, within two months after such refusal, appeal to the Appeal Tribunal against such refusal, and the Appeal Tribunal may, on such appeal,— (i) affirm the refusal, or (ii) make an order creating a right of way (being, as they think fit, either the required right of way or another right of way) over the proposed servient tenement as appurtenant to the proposed dominant tenement; (f) if the Lay Commissioners make the order but create thereby a right of way other than the required right of way, the Minister may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, in so far as it creates a right of way other than the required right of way, and the Appeal Tribunal may, on such appeal,— (i) confirm the order as made by the Lay Commissioners, or (ii) vary the order by substituting a right of way different from that specified in the order; (g) the Minister and the occupier and the owner of the proposed servient tenement shall each be entitled to be heard on the hearing of the application or of an appeal under this subsection; (h) if the Lay Commissioners or the Appeal Tribunal (as the case may be) are satisfied that after diligent inquiry the owner of the proposed servient tenement cannot be found or ascertained, the application or an appeal under this subsection may be heard and determined, notwithstanding the fact that such owner has not been found or ascertained. (2) Every order under subsection (1) of this section shall— (a) have attached thereto a map showing the location of the right of way created thereby and its extent, (b) be expressed and operate to confer on the Minister, his successors in title and his licensees a right to pass and repass, at all times with or without vehicles and animals, over the land over which the right of way (as shown on the said map) is exercisable. (3) (a) An order made under subsection (1) of this section by the Lay Commissioners shall not come into force save as is provided by paragraphs (b) or (c) of this subsection. (b) Where an order is made under subsection (1) of this section by the Lay Commissioners and no appeal in respect of it is duly taken under the said subsection (1), the order shall come into force immediately upon the expiration of two months after the date on which the order is made. (c) Where an order is made under subsection (1) of this section by the Lay Commissioners and is confirmed or varied by the Appeal Tribunal under the said subsection (1), the order shall come into force on the date on which it is so confirmed or varied. (d) Where an order is made under subsection (1) of this section by the Appeal Tribunal, the order shall come into force on the date on which it is so made. (4) (a) Where an order under subsection (1) of this section has come into force, the Minister shall be liable to pay compensation to the owner of the land over which the right of way is created by the order. (b) Any compensation payable under this subsection shall, in default of agreement, be fixed by the Lay Commissioners on the application of the Minister or the person claiming to be entitled to the compensation. (c) The Minister or any person claiming to be entitled to compensation under this subsection may, within one month after the date on which an application to fix such compensation has been decided by the Lay Commissioners, appeal to the Appeal Tribunal against the decision. (5) Where an order under subsection (1) of this section has come into force, the Minister may construct and maintain in repair a road on the portion of the land over which the right of way created by the order is exercisable. (6) Where the land, over which a right of way is created by an order under subsection (1) of this section, is registered under the Act of 1891, the Minister shall send a copy of the order to the registering authority under the Act of 1891 and the said registering authority shall register the said right of way as a burden affecting the said land. (7) No stamp duty shall be payable on any order under subsection (1) of this section, nor shall any fees be payable in respect of any proceedings in the Land Registry under subsection (6) of this section. Chapter III. Compulsory Acquisition of Land. Particulars of interests in land. 22.—(1) Where the Minister considers it desirable to acquire any land for the purposes of this Act, he may serve on any person, who appears to him to have any interest in that land, a notice requiring that person to furnish to the Minister within a specified time (not being less than twenty days from such service)— (a) a return in writing stating whether he has or has not any interest in that land, and (b) if he has any such interest, an abstract (with copies of all abstracted documents) of his title to that interest. (2) Where a person, upon whom a notice has been served under this section, complies with the notice, the Minister shall pay him all costs necessarily and properly incurred by him in relation to such compliance. (3) If any person upon whom a notice has been served under this section fails, or neglects to comply with such notice, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. (4) Where— (a) a person is convicted of an offence under subsection (3) of this section by reason of his failure or neglect to do the things specified in a notice served on him under this section within the time specified in the notice, and (b) the said things remain, after the date of such conviction, undone by him, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day, after the date of such first-mentioned conviction, on which the said things remain undone by him and such offence shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time. Authorisation to the Minister to acquire land compulsorily. 23.—(1) (a) If the Minister desires to acquire any land for the purposes of this Act but is unable to acquire the land by agreement expeditiously, he may apply to the Lay Commissioners for an order under this section authorising him to acquire the land compulsorily in accordance with this Chapter. (b) A certificate under the official seal of the Minister certifying that he has been unable to acquire any specified land by agreement expeditiously shall, for the purposes of this subsection, be conclusive evidence of the fact so certified. (2) The Minister shall, immediately upon making an application for an acquisition order in respect of any land, do the following things:— (a) publish the prescribed notice of the application in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the land is situate, and (b) serve a copy of such notice on the occupier (if any) of the land and on the person who appears to the Minister to be the owner of the land, if it is reasonably practicable to ascertain that person. (3) Where an application for an acquisition order in respect of any land has been made, the Lay Commissioners shall hear the application, after publishing the prescribed notice of the hearing in the Iris Oifigiúil and in one or more newspapers circulating in the locality in which the land is situate, and may, subject to the subsequent provisions of this section,— (a) make the order, or (b) make the order with the exclusion therefrom of any specified part of the said land, or (c) refuse the application. (4) No acquisition order shall be made in respect of any land— (a) which, in the opinion of the Lay Commissioners, is required for the amenity or convenience of a dwelling-house, or (b) which is the property of a local authority, or (c) which has been acquired by any corporation or company for the purposes of a railway, dock, canal, water or other public undertaking, or (d) which is the site of a national monument, within the meaning of the National Monuments Act, 1930 (No. 2 of 1930), and is owned by the Commissioners. (5) An acquisition order in respect of any land may provide for the continuance of an existing easement in or over the land or for the creation, in lieu of an existing easement, of any new easement in or over the land. (6) Where an acquisition order in respect of any land has been made by the Lay Commissioners, the occupier or the owner of the land may, within two months after the making of the order, appeal to the Appeal Tribunal against the order, and the Appeal Tribunal may, on such appeal,— (a) revoke the order, or (b) confirm the order as so made, or (c) vary the order by excluding part of the land. (7) Where— (a) an acquisition order has been made by the Lay Commissioners in respect of any land which is subject to an easement, and (b) the order does not provide for the continuance of that easement or for the creation, in lieu thereof, of a new easement, the person entitled to that easement may, within two months after the making of the order, appeal to the Appeal Tribunal against the order in so far as it does not contain the said provision, and the Appeal Tribunal may, on such appeal,— (i) confirm the order as so made, or (ii) vary the order by including the said provision therein. (8) Where an application for an acquisition order in respect of any land is refused, the Minister may, within two months after such refusal, appeal to the Appeal Tribunal against such refusal, and the Appeal Tribunal may, on such appeal,— (a) affirm the refusal, or (b) make the order either as respects the whole of the land or any specified part thereof and, in case such land is subject to an easement, provide, if they think fit, for the continuance of such easement or for the creation, in lieu thereof, of a new easement. (9) Where— (a) an application for an acquisition order in relation to any land (in this subsection referred to as the required land) has been made, and (b) the order has been made by the Lay Commissioners with the exclusion therefrom of any particular part of the required land, the Minister may, within two months after the making of the order, appeal to the Appeal Tribunal against such exclusion, and the Appeal Tribunal may, on such appeal,— (i) confirm the order as so made, or (ii) confirm the order and delete therefrom the said exclusion and, if they so think fit, provide instead for the exclusion therefrom of any particular part of the required land. (10) Where— (a) an acquisition order in …