[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> AERODROMES ACT (NORTHERN IRELAND) 1971

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

AERODROMES ACT (NORTHERN IRELAND) 1971 - SECT 3

Carrying out and maintenance of works by the Ministry.

3.(1) Where on representations made to it by an aerodrome undertaking the
Ministry is satisfied that for the purposes of maintaining, operating or
developing the aerodrome it is reasonably necessary to carry out or maintain
any works on the aerodrome or on land in the vicinity of the aerodrome, the
Ministry may enter upon the aerodrome or land and there carry out or maintain
those works on behalf of the aerodrome undertaking.

(2) Subject to subsection (3), the Ministry shall, before exercising with
respect to any land in the vicinity of an aerodrome the powers conferred by
subsection (1), give reasonable notice in writing to the occupier of that land
and to the owner, if the owner is known.

(3) Nothing in subsection (2) shall restrict the right of the Ministry to
enter upon land or carry out works in a case of an emergency or for the
purpose of performing any functions which are required to be performed from
time to time in connection with the maintenance or use of any works.

(4) The ownership of any works carried out by the Ministry under this section
shall not be affected by reason only that they are placed on or under, or
affixed to, any land.

(5) Any person who, without the consent of the Ministry, wilfully interferes
with any works carried out by the Ministry under this section shall be guilty
of an offence and shall be liable on summary conviction to a fine not
exceeding #200 or to imprisonment for a term not exceeding six months or to
both.

(6) Every person who wilfully obstructs any person in the exercise of any
power conferred on the Ministry by the foregoing provisions of this section
shall be guilty of an offence and be liable on summary conviction to a fine
not exceding #100.

(7) Proceedings for an offence under this section shall not be instituted
except by or with the consent of the Ministry or by the Attorney-General.

(8) Where any land is damaged in the exercise of the power of entry conferred
by this section or in the carrying out or maintenance of works under this
section or has diminished in value in consequence of the carrying out of those
works, the Ministry shall pay such compensation to the persons interested in
the land as may be just; and where any dispute arises as to whether
compensation is payable under this subsection, 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.

(9) Where for the purpose of assessing the amount of any compensation payable
under this section 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.

(10) The Ministry may recover from an aerodrome undertaking all, or such part
as the Ministry thinks fit, of the expenditure incurred by the Ministry under
this section in or in connection with the carrying out or maintaining of works
on the aerodrome or on land in the vicinity of the aerodrome.

(11) In this section "works" includes structures and apparatus.

(12) For the purposes of this section land may be treated as being in the
vicinity of an aerodrome if works carried out or proposed to be carried out or
maintained on the land may affect the maintenance, operation or development of
the aerodrome.

© 1971 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/aai1971284/s3.html