Curragh of Kildare Act, 1961

• Jurisdiction: Ireland
• Citation: IR No. 35/1961
• Year: 1961

Number 35 of 1961.
CURRAGH OF KILDARE ACT, 1961.
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Vesting of Curragh in Minister. 3. Use of Camp by Minister. 4. Use of Blue Lands by Minister. 5. Use of Green Lands by Minister. 6. The deposited map. 7. Laying of sewers, drains, cables and pipes. 8. Taking of sand, gravel and other materials from Curragh. 9. Exclusion of certain roads from the Act. 10. Grazing of sheep on Curragh. 11. Inclosure of part of Curragh. 12. Notice of inclosure of part of Curragh. 13. Temporary exclusion of sheep from parts of Curragh. 14. Preservation of continuing contracts. 15. Continuance of pending legal proceedings. 16. Bye-laws in relation to Curragh. 17. Repeals. 18. Expenses of the Minister. 19. Short title.
Acts Referred to Curragh of Kildare Act, 1868 1868, c. 60 Curragh of Kildare Act, 1870 1870, c. 74 Defence Act, 1954 1954, No. 18 State Property Act, 1954 1954, No. 25
Number 35 of 1961.
CURRAGH OF KILDARE ACT, 1961.
AN ACT TO MAKE FURTHER PROVISION IN RELATION TO THE CURRAGH OF KILDARE AND ITS MANAGEMENT AND USE AND FOR THAT PURPOSE TO REPEAL THE CURRAGH OF KILDARE ACT, 1868, AND PART OF THE CURRAGH OF KILDARE ACT, 1870. [11th August, 1961.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Definitions.	1.—In this Act—
	“the Act of 1868” means the Curragh of Kildare Act, 1868;
	“the Blue Lands” means the portion of the Curragh used, immediately before the passing of this Act, for providing rifle practice for members of the Defence Forces and for other military purposes and defined on the deposited map by being coloured blue;
	“the Camp” means the portions of the Curragh that, immediately before the passing of this Act, were occupied by, or adjoined an encampment or establishment of, the Defence Forces and are defined on the deposited map by being coloured brown;
	“the Curragh” means the tract of land situate in the county of Kildare and known as the Curragh of Kildare and defined on the deposited map by being enclosed by a dark green line;
	“the deposited map” means the map that was deposited by the Minister in the Ordnance Survey Office, Dublin, on the 7th day of July, 1961, is sealed with the Official Seal of the Minister, is signed by the Minister and has at the top thereof the words and figures “Deposited for the purposes of any Act of the Oireachtas passed in the year 1961, to make further provision in relation to the Curragh of Kildare and its management and use and for that purpose to repeal the Curragh of Kildare Act, 1868, and part of the Curragh of Kildare Act, 1870”;
	“the Green Lands” means the portion of the Curragh that does not include the Camp or Blue Lands and is defined on the deposited map by being coloured green;
	“the Minister” means the Minister for Defence.
	Vesting of Curragh in Minister.	2.—The Curragh, in so far as it is not already vested in the Minister, is hereby vested in the Minister subject to the leases, tenancies, permissions and licences in relation to any part of the Curragh in existence immediately before the passing of this Act and subject to the rights of way, rights of common of pasture and other rights affecting the Curragh specified in the Curragh of Kildare Act, 1870, and in existence immediately before the passing of this Act.
	Use of Camp by Minister.	3.—(1) The Minister shall have the exclusive use of the Camp for the purposes of an encampment and establishment of the Defence Forces and for purposes ancillary thereto and for any other purposes for which the Minister may from time to time require it: provided that the public road through the Camp shown on the deposited map and marked thereon with the letters X and Y shall not be closed or obstructed except under and in accordance with subsection (2) of this section or for purposes connected with its repair or maintenance.
	(2) The officer in command of the portion of the Defence Forces stationed at the Camp may, if he so thinks fit, in case of actual or apprehended riot or disturbance of the peace, close the road referred to in subsection (1) of this section to the public for such period as he thinks necessary in the circumstances or restrict or control in such manner, to such extent and for such period as he thinks necessary in the circumstances the user of the road.
	Use of Blue Lands by Minister.	4.—The Minister may use the Blue Lands for the purposes and in the manner specified in section 34 of the Defence Act, 1954 , subject to the limitation that he shall not erect, or authorise or procure the erection of, permanent buildings thereon.
	Use of Green Lands by Minister.	5.—(1) The Minister may use the Green Lands, other than any portion thereof that is the subject of any grant, demise, licence or permission, for holding military exercises, for the purposes of providing exercise, drill and recreation for members of the Defence Forces, and for the purposes (in cases of emergency) of temporary encampment thereon and for any other like military purposes and for the landing and taking-off of military aircraft.
	(2) Section 34 of the Defence Act, 1954 , shall not apply in relation to the Green Lands.
	The deposited map.	6.—(1) As soon as may be after the passing of this Act the Minister shall cause a copy of the deposited map to be deposited in the Central Office of the High Court and the Circuit Court Office for the county of Kildare.
	(2) The deposited map shall be retained in the Ordnance Survey Office, Dublin, and the copies of it deposited under subsection (1) of this section in the offices referred to in that subsection shall be retained in those offices.
	(3) The deposited map or copies of it and the copies deposited under subsection (1) of this section shall be open for inspection free of charge in the offices in which they are deposited by any person at any time at which those offices respectively are open for the transaction of public business.
	(4) The Director of Ordnance Survey shall prepare and supply to any person requesting it a copy of the deposited map or any particular part thereof and shall charge for the copy such sum as the Director may determine.
	(5) Prima facie evidence of the deposited map or any specified part thereof may be given in any court or any legal proceedings by the production of a copy thereof purporting to be certified to be a copy by an officer of the Director of Ordnance Survey authorised in that behalf by the Director of Ordnance Survey, and it shall not be necessary to prove the signature of the officer or that he was in fact such officer or was so authorised.
	Laying of sewers, drains, cables and pipes.	7.—The Minister may from time to time—
	(a) lay, or authorise or procure the laying of, such sewers and drains under, on or over the ground at the Curragh and provide, or authorise or procure the provision of, such ancillary works under, on or over the ground atthe Curragh as he may consider necessary for...