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13 1946

FORESTRY ACT, 1946

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.