Number 23 of 1934.
PUBLIC ASSISTANCE (ACQUISITION OF LAND) ACT, 1934.
ARRANGEMENT OF SECTIONS
Section | |
Notices, etc., of confirmation of compulsory acquisation order. | |
Annulment of compulsory acquisition order by the High Court. | |
Acts Referred to | |
No. 5 of 1925 | |
No. 9 of 1923 | |
Number 23 of 1934.
PUBLIC ASSISTANCE (ACQUISITION OF LAND) ACT, 1934.
Definitions.
1.—In this Act—
the expression “the Minister” means the Minister for Local Government and Public Health;
the expression “public assistance authority” means a body corporate entrusted with the administration of the relief of the poor by or under any Act or any county scheme;
the expression “county scheme” has the same meaning as in the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923);
the word “land” includes water and any estate or interest in land or water and any easement or right in, to, or over land or water;
the word “prescribed” means prescribed by regulations made by the Minister under this Act;
references to the powers and duties of a public assistance authority shall be construed as referring only to the powers and duties of such authority in relation to the administration of the relief of the poor.
Incorporation of public assistance authorities.
2.—In order to remove doubts it is hereby declared and enacted that every provision contained in a county scheme, whether originally contained therein or inserted therein by amendment under section 5 of the Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), whereby the body entrusted by such scheme with the administration of the relief of the poor was declared to be a body corporate with power to acquire and hold land shall be and be deemed always to have been valid and effectual, but subject and without prejudice to the provisions of sections 10 and 12 of the Local Government Act, 1925 (No. 5 of 1925), where those provisions apply.
Power of public assistance authority to acquire land.
3.—A public assistance authority may, for the purpose of its powers and duties, acquire land either by agreement with the consent of the Minister or compulsorily under this Act and the Acts incorporated therewith.
Incorporation of the Lands Clauses Acts.
4.—For the purpose of the acquisition of land under this Act by a public assistance authority, the Lands Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, shall be and are hereby incorporated with this Act, but with and subject to the following modifications, that is to say:—
(a) the provisions relating to the sale of superfluous land and access to the special Act, and section 133 (which relates to land tax and poor's rate) of the Land Clauses Consolidation Act, 1845, shall not be so incorporated;
(b) in the construction of the Lands Clauses Acts when so incorporated, this Act and the relevant compulsory acquisition order (if any) shall be deemed to be the special Act and the public assistance authority shall be deemed to be the promoters of the undertaking;
(c) in the construction of the Second Schedule to the Housing of the Working Classes Act, 1890, when so incorporated—
the expression “local authority” shall mean a public assistance authority within the meaning of this Act,
the expression “confirming Act” shall mean this Act and the compulsory acquisition order as made and confirmed under this Act,
the expression “confirming authority” shall mean the Minister, and references to the Housing of the Working Classes Act, 1890, or to Part I thereof shall be construed as references to this Act;
(d) the arbitrator when assessing compensation shall not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the making of the compulsory acquisition order was published in pursuance of this Act if, in the opinion of the arbitrator, the erection of such building or the making of such improvement or alteration or the creation of such interest was not reasonably necessary and was effected with a view to obtaining or increasing such compensation.
Making of compulsory acquisition order.
5.—(1) When a public assistance authority desires to acquire compulsorily under this Act any particular land, such public assistance authority may make an order (in this Act referred to as a compulsory acquisition order) that such land be acquired compulsorily under this Act.
(2) Every compulsory acquisition order shall be in the prescribed form and shall describe the lands to which such order relates by reference to a map complying with the prescribed conditions.
Notices, etc., of making of compulsory acquisition order.
6.—(1) When a public assistance authority has made a compulsory acquisition order, such public assistance authority shall—
(a) publish at least once in a newspaper circulating in the functional area of such public assistance authority an advertisement in the prescribed form stating that a compulsory acquisition order has been made by such authority in respect of specified land and that such order and the map referred to therein may be inspected at a specified place, and
(b) give to every owner or reputed owner, lessee, or reputed lessee, and occupier of the land to which such order relates a written notice in the prescribed form containing the like statements as are hereinbefore required to be contained in the said advertisement and also stating that any person aggrieved by such order may send to the Minister, in the specified manner and within a specified time, an objection to such order.
(2) A public assistance authority which has made a compulsory acquisition order and complied in respect of such order with the foregoing provisions of this section may apply to the Minister for an order confirming such compulsory acquisition order.
Confirmation of compulsory acquisition order.
7.—When an application has been made under this Act to the Minister by a public assistance authority for an order confirming a compulsory acquisition order and the Minister is satisfied that the provisions of this Act relating to matters antecedent to such application have been complied with in respect of such compulsory acquisition order, the following provisions shall have effect, that is to say:—
(a) if no objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to such compulsory acquisition order has been duly made to the Minister or every such objection so made has been withdrawn, the Minister may, as he shall think proper, either refuse to confirm such compulsory acquisition order, or make an order confirming such compulsory acquisition order without modification, or make an order confirming such compulsory acquisition order with such modifications as the Minister shall think proper;
(b) in any case to which the next preceding paragraph of this section applies, the Minister may, if he so thinks fit, before dealing with such application cause a public local inquiry to be held in respect of such compulsory acquisition order;
(c) if an objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to such compulsory acquisition order has been duly made to the Minister and has not been withdrawn, the Minister shall cause a public local inquiry to be held in respect of such compulsory acquisition order;
(d) when a public local inquiry has been held in pursuance of the next preceding paragraph of this section, the Minister, having considered the report of the person by whom such inquiry was held and the objection or all the objections which occasioned the holding of such inquiry, may, as he shall think proper, either refuse to confirm such compulsory acquisition order or make an order confirming such compulsory acquisition order without modification, or make an order confirming such compulsory acquisition order with such modifications as the Minister shall think proper.
Notices, etc., of confirmation of compulsory acquisition order.
8.—As soon as may be after the Minister has made an order confirming (whether with or without modification) a compulsory acquisition order, the public assistance authority by whom such compulsory acquisition order was made shall—
(a) publish in a newspaper circulating in the functional area of such authority an advertisement in the prescribed form stating that such compulsory acquisition order has been confirmed by the Minister and that a copy of such order as so confirmed and the map referred to therein may be inspected at a specified place, and
(b) give to every person who appeared at the public local inquiry (if any) held in respect of such order to support an objection thereto made by him a written notice in the prescribed form containing the like statements as are hereinbefore required to be contained in the said advertisement.
Annulment of compulsory acquisition order by the High Court.
9.—(1) Any person who or whose property is affected by a compulsory acquisition order may, within three weeks after the first publication by advertisement of notice of the confirmation of such order by the Minister, apply to the High Court for the complete or the partial annulment of such order, and the High Court, if it is satisfied that such compulsory acquisition order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by this Act or that the person making such application or any other person has been substantially prejudiced by any failure to comply in relation to such order with the provisions of this Act, may, as the High Court shall think proper, annul the whole of such order or annul a part of such order.
(2) Where an application to the High Court under this section is pending, the High Court may, if it so thinks proper, suspend the operation of the compulsory acquisition order to which such application relates until such application has been finally determined.
(3) Save as is otherwise provided by this section a compulsory acquisition order shall not be capable of being annulled, quashed, or otherwise questioned (whether before or after confirmation by the Minister) by any Court.
Commencement of compulsory acquisition order.
10.—(1) Every compulsory acquisition order which is not wholly annulled by the High Court under this Act shall (subject and without prejudice to any partial such annulment) come into operation at whichever of the following times is the later, that is to say:—
(a) the expiration of three weeks from the first publication by advertisement of notice of the confirmation of such order by the Minister, or
(b) the final determination of an application under this Act to the High Court for the annulment (whether complete or partial) of such order.
(2) As soon as may be after a compulsory acquisition order comes into operation, the public assistance authority by which such order was made shall give a copy of such order to every person to whom notice of the making of such orders was given in pursuance of this Act.
Appropriation of surplus land to other purposes.
11.—A public assistance authority may, with the consent of the Minister and subject to compliance with such conditions as he may think proper to impose, appropriate and use for the purpose of any of its powers and duties any land vested for any purpose in such authority and not required for the purpose for which it was acquired.
Sale of surplus land.
12.—(1) A public assistance authority may, with the consent of the Minister, sell any land acquired under this Act which appears to such public assistance authority to be no longer required for the purpose for which it was acquired.
(2) The proceeds of a sale of any land by a public assistance authority under this section, so far as such proceeds are capital money, shall, with the consent of the Minister, be applied to any purpose (including the repayment of borrowed money) to which capital money may properly be applied by such public assistance authority.
Service of notices.
13.—(1) Any written notice or other document required by this Act to be given to any person may be so given in any of the following ways, that is to say:—
(a) by handing it to such person, or
(b) by leaving it at the usual or last-known place of abode of such person, or
(c) by sending it by post in a prepaid registered envelope addressed to that person, in the case of an individual, at his usual or last-known place of abode or, in the case of a company registered under the Companies Acts, 1908 to 1924, at its registered office, or in the case of any other body corporate or any unincorporated association, at its principal office or place of business.
(2) Where a written notice or other document is by this Act required to be given to the owner or the occupier of land and the name of such owner or occupier is not known such document may be addressed to “the owner” or “the occupier” (as the case may be) of such land and may be given to such owner or occupier by leaving it at or affixing it in a prominent position on such land.
Public inquiries.
14.—Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every public local inquiry held under this Act in like manner as it applies in respect of the local inquiries mentioned therein.
Regulations.
15.—The Minister may by order make regulations prescribing any matter or thing which is in this Act referred to as prescribed or to be prescribed.
Short title.
16.—This Act may be cited as the Public Assistance (Acquisition of Land) Act, 1934.