AERODROMES ACT (NORTHERN IRELAND) 1971

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AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 20

Short title.

20. This Act may be cited as the Aerodromes Act (Northern Ireland) 1971.

1. References to the Ministry and to the authority (whether a local authority
or a road authority) shall be construed as references respectively to the
Ministry and to an aerodrome undertaking within the meaning of this Act and
references to the said Act of 1948 shall be construed as references to
this Act.

2. References to the said Schedule 5 shall be construed as references to that
Schedule as modified by this Schedule.

3. The property which may be acquired under the said Schedule 5 shall include
both estates in fee simple and lesser estates and the expressions "land" and
"estate" shall have the meanings respectively assigned to them by section 45
of the Interpretation Act (Northern Ireland) 1954.

4. The purposes for which land may be acquired under the said Schedule 5 shall
include the purposes of section 2.

5. Paragraph 1 shall be omitted.

6. Paragraph 2(2) shall be omitted.

7. In paragraph 5 the words "as from the date of vesting be transferred and
attached" shall be omitted and for the words from the beginning of
sub-paragraph (a) to the words "under this Schedule" there shall be
substituted the words "become rights and claims enforceable against the
aerodrome undertaking and shall be discharged accordingly".

8. In paragraph 10 for sub-paragraphs (a) and (b) there shall be substituted
the words "by a director or the secretary or clerk of the aerodrome
undertaking".

9. For the purposes of a vesting order in respect of an estate in land, being
an estate less than a fee simple, the said Schedule 5 shall have effect with
such modifications as may be necessary to enable such an estate to be acquired
by means of the vesting order and to enable compensation in respect thereof to
be duly paid or discharged and (without prejudice to the generality of the
foregoing) shall have effect as if for the first sub-paragraph of paragraph 5
there were substituted the following sub-paragraph

"A vesting order shall operate, without further assurance, to vest in the
aerodrome undertaking, as from the date on which the vesting order becomes
operative (in this Schedule referred to as " the date of vesting"), all such
estates or interests in, to or over the land to which the order relates as are
specified in the order, freed and discharged from all the estates and
interests of any other person whomsoever therein save only as may be expressly
excepted in the order, and the rights and claims of any such other person in
respect of an estate or interest so vested shall, as from the date of vesting,
become rights and claims enforceable against the aerodrome undertaking and
shall be discharged accordingly."

1. Immediately after the Ministry has given the direction, it shall publish in
the Belfast Gazette and in at least one newspaper circulating in the district
a notice stating that the direction has been given, and shall also serve
notice of the direction

(a)in the case of a direction given for the purpose specified in
section 4(2)(a), upon every [district council] in whose area any of that land
is situated;

(b)in the case of a direction given for the purpose specified in
section 4(2)(d), upon every person appearing to the Ministry to be an owner,
lessee and occupier of any land to which the right of way is appurtenant, and
upon every [district council] in whose area any of that land is situated;

(c)in the case of a direction given for any other purpose specified in
section 4(2), upon every person appearing to the Ministry to be an owner,
lessee and occupier of the land to which the direction relates and upon every
[district council] in whose area any of that land is situated;

(d)in the case of a direction restricting the installation of apparatus or
extinguishing rights to instal or maintain apparatus, upon every person
appearing to the Ministry to be a person whose rights to instal or maintain
apparatus are affected by the direction; and

(e)in the case of a direction requiring the removal of any apparatus, upon the
person appearing to the Ministry to be entitled to maintain the apparatus
required to be removed under the direction.

2. Any person having an estate in land the value of which is diminished in
consequence of the coming into operation of a direction shall,

(a)where the direction is given for the purpose specified in section 4(2)(a)
and the building or structure does not constitute development for which
planning permission is required under the Planning Acts (Northern Ireland)
1931 to 1944; or

(b)where the direction is given for any purpose specified in section 4(2)(b)
to (g);

3. Any person who sustains damage by being disturbed in the enjoyment of any
right in or over land in consequence of the coming into operation of the
direction (not being damage which consists of the diminution in the value of
an estate in land) shall be entitled to recover compensation from the Ministry
in respect of that damage.

4. The Ministry shall pay compensation in respect of any expenditure
reasonably incurred by any person for the purpose of carrying out work which
is required to be carried out by the direction.

5. The compensation payable to any person by virtue of the foregoing
provisions of this Schedule shall be reduced by the value to him of any
timber, apparatus or other materials removed for the purposes of complying
with the direction.

6. Where for the purpose of assessing the amount of any compensation payable
under this Part the value of any land is required to be determined, that value
shall be determined in accordance with rules (2) to (4) of section 2 of the
Acquisition of Land (Assessment of Compensation) Act 1919.

7. Where any dispute arises as to whether compensation is payable
under this Schedule, or as to the amount of any such compensation, or as to
the persons to whom it is payable, the dispute shall be referred to and
determined by the Lands Tribunal.
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Northern Irish Legislation

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 20
