S.I. No. 215/1949:

FORESTRY ACT, 1946 (PART III) (LAY COMMISSIONERS) REGULATIONS, 1949.

FORESTRY ACT, 1946 (PART III) (LAY COMMISSIONERS) REGULATIONS, 1949.

REGULATIONS UNDER SUBSECTIONS (1) AND (2) OF SECTION 5 of THE FORESTRY ACT, 1946 , RELATING TO PART III THEREOF.

The 6th day of August, 1949.

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 , and of every other power him enabling in this behalf, with the concurrence of a majority of the Committee constituted pursuant to subsection (2) 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 any matter or thing referred to in Part III of the said Forestry Act, (other than matters or things therein relating to the practice and procedure of the Appeal Tribunal).

JOSEPH BLOWICK,

Minister for Lands.

We hereby concur in the making of the following Regulations :--

CHAPTER I. PRELIMINARY.

Short Title

(1) These Regulations may be cited as the Forestry Act, 1946 (Part III) (Lay Commissioners) Regulations of 1949.

Definition

(2) In these Regulations unless the context otherwise requires, " The Act " means the Forestry Act, 1946 (No. 13 of 1946).

Service by Minister and Land Commission

(3) Where a notice or any other document is permitted or required by these Regulations to be served by the Minister or the Land Commission it may be served in any of the several ways described in section 3 of the Act, and where a certificate is given corresponding to that provided for in subsection 1 (b) of that section, and in the circumstance mentioned therein, it shall be deemed to have been duly served if a copy thereof is publshed in the same ways as are prescribed in subsection 1 (b) and subsection 2 of the said section for publication of documents referred to therein, and the date of service shall be taken to be the date of publication in Iris Oifigiúil. Subsection 3 of section 3 of the Act shall apply for the purposes of this Regulation in the same way as it applies for the purposes of the said section.

Adaption of Forms

(4) The several forms in the appendix may, when necessary, be adapted or varied to suit a particular case and any of such forms may from time to time be varied or cancelled and new forms substituted by the Lay Commissioners,

Proceedings before Lay Commissioners

(5) Subject to the provisions of The Act and of these Regulations the proceedings before the Lay Commissioners, pursuant to the Act, shall be such as they may in their discretion think fit.

Non-compliance

(6) Non-compliance with any of these Rules or with any rule of practice for the time being in force, shall not render any proceedings void, unless the Lay Commissioners shall so direct, but such proceedings may be set aside, either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Lay Commissioners may think fit.

CHAPTER II. FIXING COMPENSATION OR ASSESSING VALUE,

SECTION 15.

Furnishing documents, etc.

(1) On the fixing of compensation or assessment of value of interests, pursuant to section 15 of the act, the Minister and the person claiming to be entitled to any such interest as is the subject of an application under the Act shall furnish to the Lay Commissioners on their request any document or other information which it is in his or their power to furnish, and which the Lay Commissioners may require for the purpose of fixing compensation or assessing value (as the case may be).

CHAPTER III. AWARD OF COSTS BY LAY COMMISSIONERS.

SECTION 16.

Application for order to levy costs and/or expenses.

(1) Every application to the Lay Commissioners for the issue of an order to levy the amount of the costs and/or expenses, or of any part thereof, awarded under section 16 of the act (together with the costs of obtaining such order) shall be made ex parte, and shall be grounded on a certificate of taxation of a Taxing Master of the High Court or on a certified copy of the order of the Lay Commissioners awarding costs and/or expenses as measured by them, together with a certificate signed by the Applicant or his Solicitor that such costs and/or expenses or part thereof remain unpaid, and every order to levy made under this Section shall be in the Form No. 1.

Costs of issue of order

(2) A sum of £1 1s. 0d. may be added to such costs and/or expenses for the costs of and incident to the issue of the order to the county registrar, under-sheriff, sheriff or other officer charged by law with the execution of execution orders.

CHAPTER IV. EXTINGUISHMENT OF EASEMENTS (OR OTHER RIGHTS).

SECTION 19.

Application for extinguishment of an easement

(1) Every application for the extinguishment of an Easement made by the Minister to the Lay Commissioners, under Section 19 (1) of The Act, shall be in writing under the hand of his Principal Officer, or some other officer duly authorised by the Minister in that behalf, shall specify the Easement sought to be extinguished and shall describe the lands subject to such Easement and (in appropriate cases) shall describe the lands to which it is appurtenant, by reference to an Ordnance Map or Maps on the six inch scale.

Notice of application

(2) The notice of such application to be published as provided by Section 19 (2) (a) of the Act shall specify the said Easement and the lands affected, including (where appropriate) lands to which it is appurtenant, shall state that the map or maps referred to in such application may be inspected at a specific place, and shall be in Form 2.

Notices of hearing

(3) The notice of the hearing of such application to be published as provided by Section 19 (3) of the Act shall give the date, the time and the place at which such application is intended to be heard, and shall be in Form 3.

The Lay Commissioners, or a duly authorised officer on their behalf, shall also send to any person or persons appearing to them to be interested as being entitled to the Easement concerned, at least fourteen days' notice in writing of their intention to hear such application, and such notice may be served on any such person or persons by registered post, addressed to his or their last known address or addresses.

CHAPTER V. TEMPORARY RIGHTS OF WAY FOR TRANSPORT OF TIMBER.

SECTION 20.

Application for order for temporary right-of-way.

(1) Every application by an owner of timber to the Lay Commissioners, under Section 20 (1) of the Act, shall be made in writing signed by the applicant, and shall specify the lands in respect of which such right of way is required, the period for which the right of way is required, and the lands over which the right of way is required, and shall indicate by reference to a plan, to be attached to such application, the situation of the required right of way. Such plan shall also show and describe the public road, railway or waterway to which timber (including timber to be derived from trees proposed to be felled) is proposed to be transported.

Such application and plan shall be lodged with or posted to the Secretary, Irish Land Commission, 24 Upper Merrion Street, Dublin.

Notice of application

(2) The notice of such application to be served as provided by Section 20 (1) (a) of the Act shall be in Form 4, or a form to the like effect ; it shall be accompanied by a copy of the plan attached to the application, and shall be served on the occupier (if any), of the proposed servient tenement and/or the owner thereof by registered post addressed to his or their last known address or addresses.

Notices of hearing.

(3) The notice of the hearing of such application to be published as provided by Section 20 (1) (b) of the Act shall give the date, the time and the place at which such application is intended to be heard, and shall be in Form 5.

The Lay Commissioners, or a duly authorised officer on their behalf, shall also send to the applicant and to any person or persons appearing to be occupiers or owners of the servient tenement at least fourteen days' notice in writing of their intention to hear such application, and such notice may be served on any such person or persons by registered post addressed to his or their last known address or addresses.

CHAPTER VI. CREATION OF RIGHTS OF WAY.

SECTION 21.

Application for order creating a right of way.

(1) Every application by the Minister to the Lay Commissioners. under Section 21 (1) of the Act, shall be made in writing under the hand of his Principal Officer, or some other Officer duly authorised by the Minister in that behalf, and shall specify the lands in connection with which the Right of Way is required and the lands over which the said right of way is to be created, and shall indicate by reference to a plan, to be attached to such application, the situation of the required right of way.

Such application and plan shall be lodged with the Secretary, Irish Land Commission, 24 Upper Merrion Street, Dublin.

Notice of application.

(2) The notice of such application to be served as provided by Section 21 (1) (a) of the Act shall be in Form 6 ; it shall be accompanied by a copy of the plan referred to in the foregoing Regulation.

Notices of hearing.

(3) The notice of the hearing of such application to be published as provided by Section 21 (1) (b) of the Act shall give the date, the time and the place at which such application is intended to be heard, and shall be in Form 7.

The Lay Commissioners, or a duly authorised officer on their behalf shall also send to the person or persons appearing to be occupiers or owners of the proposed servient tenement at least fourteen days' notice in writing of their intention to hear such application, and such notice may be served on any such person or persons by registered post addressed to his or their last known address or addresses.

CHAPTER VII. AUTHORISATION TO THE MINISTER TO ACQUIRE LAND COMPULSORILY.

SECTION 23.

Application for an Acquisition Order.

(1) Every application, under Section 23 (1) (a) of the Act, made by the Minister to the Lay Commissioners shall be in writing under the hand of his Principal Officer, or some other Officer duly authorised by the Minister in that behalf, and shall describe the land to which it relates by reference to an Ordnance Map or Maps on the six inch scale.

Notice of application to be published.

(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 8.

Notices of hearing.

(3) The notice of the hearing of such application to be published as provided by Section 23 (3) of the Act shall give the date, the time and the place at which such application is intended to be heard, and shall be in Form 9.

The Lay Commissioners, or a duly authorised officer on their behalf shall also send to any person or persons appearing to be owners or occupiers of the land, the subject of the application of the Minister, at least fourteen days' notice in writing of their intention to hear such application, and such notice may be served on any such person or persons by registered post addressed to his or their last known address or addresses.

CHAPTER VIII. ASSESSMENT OF VALUE.

SECTION 24.

Application to assess value of an interest in land the subject of an Acquisition Order.

(1) Every application by the Minister to the Lay Commissioners made pursuant to Section 24 (1) of the Act, for the assessment of the value of any particular interest in land the subject of an Acquisition Order shall be in writing under the hand of his Principal Officer, or some other officer duly authorised by the Minister in that behalf, and shall specify the land and the particular interest therein in respect of which such application is made.

Service of copy of application.

(2) The Minister shall serve a copy of such application on the person or persons appearing to be the owner or owners of the interest referred to in the foregoing Regulation.

Notice of hearing.

(3) The Lay Commissioners, or a duly authorised officer on their behalf, shall send to the Minister and to the owner or owners of such interest, and to any person claiming to be entitled to the same, at least fourteen days' notice in writing stating the date, the time and the place at which such application is intended to be heard ; such notice may be served on the Minister by registered post addressed to the Secretary, Department of Lands at No. 88 Merrion Square, Dublin, and on any such other person or persons by registered post addressed to his or their last known address or addresses.

CHAPTER IX. PROVISIONAL APPORTIONMENT OF ANNUAL SUMS AND ASSESSMENT OF VALUE OF PART THEREOF.

SECTION 25.

Application for Provisional apportionment and assessment of value.

(1) Every application, made pursuant to Section 25 (1) of the Act, by the Minister to the Lay Commissioners for the apportionment of an Annual Sum, and for the assessment of value of so much thereof as is apportioned to land in respect of which an Acquisition Order is in force, shall be in writing under the hand of his Principal Officer, or some other Officer duly authorised by the Minister in that behalf, and shall specify the said land (referred to in the said section as the acquirable land) and, so far as may be known to the Minister, the lands which are, in conjunction therewith, subject to the Annual Sum. The application shall also, in so far as such facts may be known to the Minister, give particulars of the instrument creating the Annual Sum and generally, state the facts with regard thereto, including the names of the person or persons by and to whom the said sum is payable, whether in fact such persons are or are not in receipt of the Annual Sum or are, or are not, paying the same (as the case may be), and including also the names of any person or persons appearing to be liable thereto but indemnified against the payment thereof.

Service of copy of application.

(2) The Minister shall serve a copy of such application upon every interested party, so far as may be known to him, including the Owner of the acquirable land and the Owner of the particular interest out of which the Annual sum is payable, and including any person liable thereto but indemnified against payment thereof.

Notice of hearing.

(3) The Lay Commissioners, or a duly authorised officer on their behalf, shall send to the Minister, and to all persons who appear to them to be interested at least fourteen days' notice in writing stating the date, the time and the place at which such application is intended to be heard ; such notice may be served on the Minister by registered post addressed to the Secretary, Department of Lands, 88 Merrion Square, Dublin, and on any other such person or persons by registered post addressed to his or their last known address or addresses.

CHAPTER X. FIXING COMPENSATION.

SECTIONS 19, 20, 21 AND 31.

Application by Minister to fix compensation.

(1) Every application made by the Minister to the Lay Commissioners to fix compensation shall be made in writing under the hand of his Principal Officer, or some other officer duly authorised by the Minister in that behalf, and shall specify the lands (in appropriate cases, the dominant and servient tenements) and the interest in respect of which such application is made ; where such interest is a new interest (within the meaning of subsection 4 of section 31 of the act) and an assessment order pursuant to either Section 24 or section 25 of the act has been made in respect of the original interest (within the meaning of the same subsection) out of which the new interest has been created, and the original interest was subsisting immediately before the vesting date, these several facts shall be stated in the application.

Application by persons other than the Minister to fix compensation.

(2) Every like application, made by a person other than the Minister, shall be in writing signed by the applicant, and shall specify the lands (in appropriate cases, the dominant and servient tenements) and the interest in respect of which such application is made ; where such interest is a new interest (within the meaning of subsection 4 of section 31 of the act) and an assessment order pursuant to either Section 24 or section 25 of the act has been made in respect of the original interest (within the meaning of the same subsection) out of which the new interest has been created, and the original interest was subsisting immediately before the Vesting date each of these several facts if known to the Applicant shall be stated in the application.

Lodging Applications under Regulations (I) and (2).

(3)Applications under either of the foregoing Regulations of this Chapter shall be lodged with or posted to the Secretary, Irish Land Commission, 24 Upper Merrion Street, Dublin.

Service by Minister of copy applications.

(4) The Minister shall send a copy of any such application which has been made by him to the owner of the interest, in respect of which he has applied for compensation to be fixed, and upon any mortgagee of such interest in so far as the latter may be known to him.

Service of copy application by others.

(5) Any other person, who has applied as aforesaid, shall send a copy of his application to the Minister, and also to any person claiming to be entitled to the interest and (in appropriate cases) to any mortgagee thereof, so far as such persons may be known to him.

The copy of the said application may be served on the Minister by registered post, addressed to the Secretary, Department of Lands, Forestry Division, at 88 Merrion Square, Dublin ; any other person or persons may be served by registered post addressed to his or their last known address or addresses.

Notice of hearing.

(6) The Lay Commissioners, or a duly authorised officer on their behalf, shall send to the Minister, and to all other persons appearing to them to be concerned directly in any such application mentioned in the foregoing Regulations of this Chapter at least fourteen days' notice in writing stating the date, the time and the place at which such application is intended to be heard ; such notice may be served on the Minister by registered post addressed to the Department of Lands, 88 Merrion Square, Dublin and on such other persons in the manner provided in the foregoing Regulation.

CHAPTER XI. ORDER FOR POSSESSION OF LAND VESTED IN THE MINISTER.

SECTION 29.

Application to Judicial Commissioner for order for possession.

(1) Any application, pursuant to section 29 of the act, by the Minister to the Judicial Commissioner for an order to a county registrar, under-sheriff or sheriff to deliver possession of land, in respect of which a vesting order is in force, to a person to be named in the order, shall be made by motion on notice, and shall be grounded on the vesting order and on an affidavit showing that possession of the land referred to therein was demanded and refused.

Notice of such Application and affidavit of service.

(2) The notice shall be served upon every person in actual occupation of the land, or any part thereof, not less than ten clear days before the date on which the motion is moved, and upon such other persons as the Judicial Commissioner may direct, and the affidavit of service of such notice shall state that the deponent does not know of any person other than those who have been served who is in actual occupation of the land or any part thereof.

Authority for execution of order.

(3) The order for possession shall be signed by the Registrar, or other officer acting in that capacity to the Judicial Commissioner and the delivery thereof to the county registrar, under-sheriff or sheriff (as the case may be) shall be sufficient authority for the execution of the same forthwith.

CHAPTER XII. EVIDENCE.

Evidence.

(1) Save with their leave evidence shall not be received by the Lay Commissioners on affidavit. The foregoing does not apply in case of proof of the service of a document, or where an affidavit is made in support of an ex parte application, or where it may necessarily appear from the Act or otherwise that an affidavit be accepted.

When such leave is given the affidavit shall be filed in the office of the Irish Land Commission, 24 Upper Merrion Street, Dublin, and a copy thereof shall be lodged in the said Office. Any party upon whom such affidavit has been served shall be entitled to file, serve and lodge in like manner an answering affidavit or submit to the Lay Commissioners such oral evidence as may be necessary for the purpose of answering such evidence.

An application to the Lay Commissioners for leave to submit evidence on affidavit may be made ex parte, or in the course of the proceedings.

Attendan for cross-examination.

(2) On application being made to the Lay Commissioners they may order the attendance, for cross-examination, of any person making any such affidavit as may have been allowed pursuant to the foregoing Regulation.

CHAPTER XIII. SERVICE ON A GOVERNMENT DEPARTMENT, COMPANY, ETC.

Government Department.

(1) Subject to the foregoing Regulations service of a notice or document upon a Government Department may be effected by sending the notice or document by registered post to the Secretary of the Department to be served.

Companies and other Bodies.

(2) Save in so far as it may be otherwise provided by section 3 of the act, or by Chapter I Regulation 3, service on any company or any other body corporate or unincorporate may be effected by sending the notice or document to be served, by registered post to the principal place of business or registered office of such company or body, or if such principal place of business or registered office is outside the State or cannot be found, to some principal officer, if any, of such company or body.

FORM 1.

ORDER TO COUNTY REGISTRAR, UNDER-SHERIFF OR SHERIFF TO LEVY COSTS.

FORESTRY ACT, 1946 -- SECTION 16.

It is ordered by the Lay Commissioners (the Land Commissioners other than members of the Appeal Tribunal) pursuant to Section 16 of the Forestry Act, 1946 , that the County Registrar (Under-Sheriff or Sheriff) of the County of       do of the goods and chattels of      in his Bailiwick cause to be made the sum of        which was adjudged to be paid by said        to       by          Order of the Lay Commissioners bearing date the  day of       for costs and/or expenses in the said Order mentioned and of which the sum of now remains unpaid, together with the further sum of £1 1s. 0d., being the costs of obtaining this Order to Levy, making in all the sum of    and that the said County Registrar (Under-sheriff or Sheriff) do cause the said money to be paid to the said            in pursuance of the said Order and that he do make a return to the Lay Commissioners of the manner in which he shall have executed this Order immediately after the execution thereof.

Dated this     day of      19 .

Signed ............................................................ ...........

FORM 2.

NOTICE OF APPLICATION FOR AN ORDER FOR THE EXTINGUISHMENT OF AN EASEMENT (OR OTHER RIGHT).

FORESTRY ACT, 1946 --SECTION 19 (2).

The Minister for Lands hereby gives notice that he has applied, pursuant to Section 19 of the above-mentioned Act, to the Lay Commissioners for an Extinguishment Order in respect of the following : (here describe the Easement and specify both denominations of lands as provided by Chapter IV, Regulation 2). A map or maps of the said lands may be inspected on any week-day at the offices of the Land Commission, 24 Upper Merrion Street, Dublin, during the hours that the said offices are open for the transaction of business.

Department of Lands,

Forestry Division,

88 Merrion Square,

DUBLIN.

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

FORM 3.

NOTICE OF HEARING OF APPLICATION FOR AN EXTINGUISHMENT ORDER.

FORESTRY ACT, 1946 --SECTION 19 (3).

Notice is hereby given that the Lay Commissioners will on the............... day of...................................., 19........., at 11 o'clock in the Forenoon at....................................hear the application of the Minister for Lands for an Extinguishment Order, under Section 19 of the above-mentioned Act, in respect of the following: (Here describe the Easement and specify both denominations of land as provided by Chapter IV, Regulation 2).

Irish Land Commission,

24 Upper Merrion Street,

Dublin.

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

FORM 4.

NOTICE OF AN APPLICATION FOR A TEMPORARY RIGHT OF WAY FOR TRANSPORT OF TIMBER.

FORESTRY ACT, 1946 --SECTION 20 (1) (a)

A.B. of.......................................hereby gives notice that he has applied, pursuant to Section 20 of the above-mentioned Act, to the Lay Commissioners for an order granting to him a required right of way, for the period of...................................., over the lands of....................................in the Barony of.................................... and County of..........................................., as delineated in the Plan herewith, for the purpose of the transport of timber (including timber to be derived from trees proposed to be felled) from the lands of....................................in the Barony of.................................... and County of.................................... to the public road leading from.................................to....................................(or as may be).

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

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

(Applicant or his Solicitor).

FORM 5.

NOTICE OF HEARING OF AN APPLICATION FOR A TEMPORARY RIGHT OF WAY FOR TRANSPORT OF TIMBER.

FORESTRY ACT, 1946 --SECTION (1) (b).

Notice is hereby given that the Lay Commissioners will on the............... day of...................................., 19........., at 11 o'clock in the Forenoon at...................................., hear the application of A.B. of.......................................for an order granting to him a required right of way from the lands of.......................................in the Barony of.................................... and County of.......................................and over the lands of............................. in the Barony of.......................................and County of.................................. for the transport of timber (including timber to be derived from trees proposed to be felled) pursuant to the provisions of Section 20 of the above-mentioned Act.

Irish Land Commission,

24 Upper Merrion Street,

Dublin.

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

FORM 6.

NOTICE OF APPLICATION FOR AN ORDER FOR THE CREATION OF A RIGHT OF WAY.

FORESTRY ACT, 1946 --SECTION 21 (1).

DEPARTMENT OF LANDS,

FORESTRY DIVISION,

88 MERRION SQUARE,

DUBLIN.

The Minister for Lands hereby gives notice that he has applied, pursuant to Section 21 of the above mentioned Act, to the Lay Commissioners for an order creating a right of way in connection with the lands of.................................... in the Barony of....................................and County of..........................................(the dominant tenement) and over the lands of.......................................in the Barony of....................................and County of....................................(the servient tenement), as delineated on the Plan herewith.

FORM 7.

NOTICE OF HEARING OF AN APPLICATION FOR THE CREATION OF A RIGHT OF WAY.

FORESTRY ACT, 1946 --SECTION 21 (1) (b).

Notice is hereby given that the Lay Commissioners will on the.................... day of.............................., 19............, at 11 o'clock in the Forenoon at ..............................hear the application of the Minister for Lands for an Order creating a right of way over the lands of.................................... in the Barony of....................................and County of.............................. pursuant to the provisions of Section 21 of the above-mentioned Act.

IRISH LAND COMMISSION,

24 UPPER MERRION STREET,

DUBLIN.

FORM 8.

NOTICE OF APPLICATION FOR AN ACQUISITION ORDER.

FORESTRY ACT, 1946 --SECTION 23 (2).

The Minister for Lands hereby gives notice that he has applied, pursuant to Section 23 of the above-mentioned Act, 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.

DEPARTMENT OF LANDS,

FORESTRY DIVISION,

68 MERRION SQUARE,

DUBLIN.

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

FORM 9.

NOTICE OF HEARING OF APPLICATION FOR AN ACQUISITION ORDER.

FORESTRY ACT, 1946 --SECTION 23 (3).

Notice is hereby given that the Lay Commissioners will on the.........day of...................................., 19......, at 11 o'clock in the Forenoon at............................................hear the application of the Minister for Lands for the acquisition of the lands of....................................in the Barony of............... and County of...................................., pursuant to the provisions of the above-mentioned Act.

IRISH LAND COMMISSION,

24 UPPER MERRION STREET,

DUBLIN.

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