State Property Act, 1954

• Jurisdiction: Ireland
• Citation: IR No. 25/1954

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Number 25 of 1954

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STATE PROPERTY ACT 1954

REVISED

Updated to 1 March 2023

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This Revised Act is an administrative consolidation of the State Property Act 1954. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), enacted 1 March 2023, and all statutory instruments up to and including the Official Languages (Amendment) Act 2021 (Commencement) Order 2023 (S.I. No. 90 of 2023), made 2 March 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 25 of 1954

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STATE PROPERTY ACT 1954

REVISED

Updated to 1 March 2023

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Land Development Agency Act 2021 (26/2021)

• Minerals Development Act 2017 (23/2017)

• Land and Conveyancing Law Reform Act 2009 (27/2009)

• Dormant Accounts Act 2001 (32/2001)

• Wildlife (Amendment) Act 2000 (38/2000)

• State Property Act 1998 (44/1998)

• Ethics in Public Office Act 1995 (22/1995)

• An Blascaod Mór National Historic Park Act 1989 (11/1989)

• Forestry Act 1988 (26/1988)

• Commissioners of Public Works in Ireland (Acceptance of Trusteeship) Act 1978 (15/1978)

• Wildlife Act 1976 (39/1976)

• Succession Act 1976 (27/1965)

• Johnstown Castle Agricultural College (Amendment) Act (30/1959)

• Fisheries (Consolidation) Act 1959 (14/1959)

• Fisheries (Statute Law Revision) Act 1959 (28/1956)

All Acts up to and including Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), enacted 1 March 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 744 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987)

• Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959)

All statutory instruments up to and including Official Languages (Amendment) Act 2021 (Commencement) Order 2023 (S.I. No. 90 of 2023), made 2 March 2023, were considered in the preparation of this revision.

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Number 25 of 1954.

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STATE PROPERTY ACT 1954

REVISED

Updated to 1 March 2023

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ARRANGEMENT OF SECTIONS

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Acts Referred to
Foreshore Act, 1933	No. 12 of 1933
Arterial Drainage Act, 1925	No. 33 of 1925
River Owenmore Drainage Act, 1926	No. 3 of 1926
Barrow Drainage Act, 1927	No. 26 of 1927
Arterial Drainage Act, 1945	No. 3 of 1945
State Lands (Workhouses) Act, 1930	No. 9 of 1930
Saint Laurence's Hospital Act, 1943	No. 3 of 1943
Tuberculosis (Establishment of Sanatoria) Act, 1945	No. 4 of 1945
State Lands Act, 1924	No. 45 of 1924
Interpretation Act, 1937	No. 38 of 1937
Registration of Title Act, 1942	No. 26 of 1942
Court Officers Act, 1945	No. 25 of 1945
Finance Act, 1924	No. 27 of 1924
Forestry Act, 1946	No. 13 of 1946
Minerals Development Act, 1940	No. 31 of 1940
Air Navigation and Transport Act, 1936	No. 4 of 1936
Bourn Vincent Memorial Park Act, 1932	No. 31 of 1932
National Stud Act, 1945	No. 31 of 1945
Johnstown Castle Agricultural College Act, 1945	No. 33 of 1945
Air Navigation and Transport Act, 1950	No. 4 of 1950
Shannon Fisheries Act, 1935	No. 4 of 1935

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Number 25 of 1954.

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STATE PROPERTY ACT 1954

REVISED

Updated to 1 March 2023

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AN ACT TO MAKE PROVISION FOR THE VESTING AND MANAGEMENT OF, AND TO CONTROL THE ALIENATION OF, CERTAIN LAND AND OTHER PROPERTY BELONGING TO THE STATE AND TO MAKE PROVISION FOR OTHER MATTERS RELATING TO STATE PROPERTY AND STATE AUTHORITIES. [9th December, 1954.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Application of Act restricted (31.03.2022) by Land Development Agency Act 2021 (26/2021), s. 59(2), S.I. No. 143 of 2022, art. 2(h).

General provision relating to operation of this Part

59. ...

(2) Nothing in the State Property Act 1954 shall operate to prevent the acquisition of relevant public land by the Agency under this Part.

(3) Land owned by the Agency or a subsidiary DAC shall not be State Land within the meaning of the State Property Act 1954.

C2

Application of Act affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number	Year	Short Title/Citation
... 25 ...	... 1954 ...	... State Property Act 1954 ...

C3

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year	Short Title	Provision
(1)	(2)	(3)
...	...	...
No. 25 of 1954	State Property Act 1954	The whole Act (except section 36)
...	...	...

C4

Position of State under...