Forestry Acts 1946 to 1976

• Original version: <a href='/vid/forestry-acts-1946-to-907695907'>Forestry Acts 1946 to 1976</a>

1. General

1.1 The Acts and Orders thereunder
The Forestry Acts, 1946, 1956, and section 55 and 63 of The Wildlife Act 1976, are now cited as the Forestry Acts, 1946 to 1976, and orders made thereunder are made by the Minister for Arts, Heritage, Gaeltacht and the Islands.

1.2 Powers of the Minister under the Acts
The Minister may acquire land for Forestry and Wildlife purposes or partly for both purposes.
He may extinguish certain easements and create certain rights-of-way and create rights over land.
He may purchase or lease any building or works required for the purposes of the Wildlife Act.
He has power to sell or let, exchange or grant rights over any land which he has acquired under the above acts.
He may purchase lands held by joint tenants or tenants-in-common from one owner without the consent of the other owner or owners.

2. Acquisition of land under the Acts

2.1 General
On lodgment of a copy purchase order under the Seal of the Minister of registered or unregistered land together with a map where necessary the Minister is to be registered as full owner with Absolute Title in Fee Simple of the property as so vested free from all rights (including any public right), charges, burdens, or other encumbrances or interests and from the claims of all persons other than:

(a) a State Annuity payable to the Land Commission or Commissioners of Public Works.
(b) such burdens if any as are specified in the Purchase Order.

In registered land, all registered burdens not reserved by the Order are to be cancelled. The date of registration is to be the date of Vesting of the land.

Registration shall be made subject to:

(i) a general note that “the property is subject to any State annuity which may be payable in respect of the property whether alone or in conjunction with other property to the Land Commission or Commissioners of Public Works in Ireland, as the case may be”.

(ii) a note that the devolution of the property is subject to Part II of the Succession Act 1965;

(iii) any easement or public right referred to in the Vesting Order subject to which the lands have been acquired, or which the Vesting Order has created. These easements or rights are to be entered by way of general note as follows:-
“The property is subject to the public rights and easements as defined by the Forestry Act 1946, specified in Inst…………..”.

(iv) the Prohibition Note under the Land Act 1965, where relevant.

No Stamp Duty or Land Registry fees are payable in respect of these Vesting Orders.

The Section concerned shall notify the Land Commission and Commissioners of Public Works, in the form on the last page...