ACQUISITION OF DERELICT SITES ACT, 1940

AN ACT TO MAKE PROVISION FOR THE ACQUISITION OF DERELICT SITES BY SANITARY AUTHORITIES AND TO MAKE PROVISION FOR MATTERS INCIDENTAL THERETO OR CONNECTED THEREWITH. [4th September, 1940.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expressions “sanitary authority” and “sanitary district” have respectively the same meanings as they have in the Public Health Acts, 1878 to 1931;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the word “owner” means any person (other than a mortgagee not in possession) who is for the time being entitled to sell or otherwise dispose of the fee simple of the land in relation to which the said word is used or of any term of years for the time being subsisting in respect of such land of which the un-expired residue exceeds three years;

the expression “derelict site” means any land—

• (a) which is unoccupied or is not being put to any bona fide use by the occupier thereof, and

• (b) on which either all the buildings are ruinous or in disrepair or there have, for a period of at least two years, been no buildings, and

• (c) which is or is likely to become injurious to health or to the amenities of the neighbourhood by reason of its objectionable or neglected condition or by reason of the deposit or collection thereon of débris, rubbish, or insanitary material, and

• (d) which is not held or occupied by a local authority or any body corporate for the purposes of any railway, tramway, dock, canal, water, gas, electricity, or other public undertaking.

2 General power to acquire derelict sites.

2.—A sanitary authority may acquire by agreement or compulsorily any derelict site situate in their sanitary district.

3 Preliminary orders.

3.—(1) A sanitary authority proposing to acquire any land compulsorily under this Act as a derelict site shall by order (in this Act referred to as a preliminary order) declare that they propose so to acquire such land.

• (2) A preliminary order shall include a statement that the land to which it relates is, in the opinion of the sanitary authority making such order, a derelict site within the meaning of this Act, and also a statement that such sanitary authority will not proceed with the acquisition of such land under this Act if, before the expiration of twenty-eight days from the making of such order, such land ceases to be a derelict site within the meaning of this Act.

• (3) Whenever a sanitary authority makes a preliminary order, such sanitary authority shall, within fourteen days after making such order—

• (a) post a copy of such order on or near the land to which such order relates, and

• (b) give a copy of such order to the occupier (if any) of such land and to every (if any) owner of such land whose existence and name and the address at which he ordinarily resides can be ascertained by such sanitary authority by reasonable inquiries, and

• (c) publish a copy of such order in a newspaper circulating in the sanitary district of such sanitary authority.

• (4) Where a preliminary order contains a map or plan of the land to which such order relates, such map or plan may be omitted from the copy of such order published in pursuance of paragraph (c) of the immediately preceding sub-section of this section, but a copy of such map or plan shall be deposited in the offices of the sanitary authority making such order and shall there be kept open for inspection at reasonable times and such publication shall contain a statement that such map or plan is deposited and kept open for inspection as aforesaid.

4 Application to annul preliminary order.

4.—(1) The occupier or any owner of land to which a preliminary order relates may, not later than twenty-eight days after the making of such order, apply to the Justice of the District Court having jurisdiction in the district court area in which such land is situate for the annulment of such order and,

• (a) if on such application such justice is of opinion that no part of such land is a derelict site, he shall annul such order, or

• (b) if on such application such justice is of opinion that part only of such land is a derelict site, he shall either annul such order or, with the consent of the sanitary authority by whom such order was made, amend such order by restricting its application to the part of such land which is in his opinion a derelict site.

• (2) The justice by whom an application under this section relating to any land is heard may adjourn such application for any period not exceeding two months in order to enable the applicant to prevent such land from continuing to be a derelict site.

5 Vesting orders.

5.—(1) If no application is made under and in accordance with the immediately preceding section for the annulment of a preliminary order or if, where any such application is made, on the final determination thereof such preliminary order is not annulled, the sanitary authority by whom such preliminary order was made may by order (in this Act referred to as a vesting order) acquire the land to which such preliminary order relates or, where such determination has restricted the application of such preliminary order to part of such land, such part of such land.

• (2) Where a sanitary authority, before making a vesting order, become aware that the land to be acquired by such order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission, or to any charge for estate duty or succession duty payable to the Revenue Commissioners on the death of any person, such sanitary authority shall forthwith inform the Irish Land Commission or the Revenue Commissioners (as the case may be) of the intention to make such order.

• (3) Whenever a sanitary authority makes a vesting order, they shall within fourteen days after making such order—

• (a) post a copy of such order on or near the land acquired by such order, and

• (b) give a copy of such order to the occupier (if any) of such land and to every (if any) owner of such land whose existence and name and the address at which he ordinarily resides can be ascertained by such sanitary authority by reasonable inquiries.

6 Form and effect of vesting orders.

6.—(1) Every vesting order by which a sanitary authority acquires any land shall be in the prescribed form and shall be expressed and shall operate to vest such land in such sanitary authority in fee simple free from incumbrances and all estates, rights, titles, and interests of whatsoever kind on a specified date not earlier than seven days after the making of such order.

• (2) Notwithstanding anything contained in the immediately preceding sub-section of this section, where a sanitary authority has acquired by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission, such sanitary authority shall become and be liable, as from the date on which such land is vested in them by such vesting order, for the payment to the Irish Land Commission of such annual sum or such portion thereof as shall be apportioned by the Irish Land Commission on such land as if such land had been transferred to such sanitary authority by the owner thereof on that date.

7 Compensation.

7.—(1) Where, immediately before a vesting order is made by a sanitary authority, any person has any estate or interest in or right in respect of the land acquired by such order, such person may apply to such sanitary authority not later than three months after the making of such order for compensation in respect of such estate, interest, or right, and such sanitary authority shall thereupon pay to such person by way of compensation an amount equal to the value (if any) of such estate, interest, or right.

• (2) The compensation to be paid by a sanitary authority under this section in respect of any estate or interest in or right in respect of land shall, in default of agreement, be determined by arbitration under and in accordence with the Acquisition of Land (Assessment of Compensation) Act, 1919 as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925), but the amount of such compensation shall, on such arbitration, be determined in accordance with the Rules contained in Part I of the Third Schedule to the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931).

8 Improvement of land acquired under this Act.

8.—Whenever a sanitary authority has acquired any land under this Act, they shall with all convenient speed take such steps as may be necessary to prevent injury to health or to the amenities of the neighbourhood being occasioned by such land and for that purpose may clear, level, drain, fence and otherwise improve such land.

9 Use of land acquired under this Act.

9.—(1) A sanitary authority may use any land acquired by them under this Act for any purpose connected with their powers and duties.

• (2) Where the whole or any part of any land acquired under this Act is at any time not required by the sanitary authority by whom it was acquired, such sanitary authority may sell or let by public auction or private treaty in one or more lots the whole or such part (as the case may be) of such land, but no such sale or letting shall take effect unless and until the Minister has consented thereto.

• (3) Where a rural sanitary authority acquire under this Act any land situate in a town in which the Towns Improvement (Ireland) Act, 1854, has been adopted, such sanitary authority may, with the consent of the Minister and of the Commissioners of such town, at any time by order transfer such land to such Commissioners and such order shall operate in accordance with its terms as a conveyance of such land but shall not require to be stamped as a conveyance or transfer of property.

• (4) Where any land is transferred to the Commissioners of a town under the immediately preceding sub-section of this section, sub-sections (1) and (2) of this section and the next following section shall apply and have effect as if such Commissioners were a sanitary authority who had acquired such land under this Act.

10 Application of sum received from sale or lease of land acquired under this Act.

10.—Every sum received by a sanitary authority in respect of the sale or lease of land acquired by them under this Act shall be applied by such sanitary authority for the purpose of their powers and duties in such manner as such sanitary authority, with the consent of the Minister, think proper.

11 Giving of copies of orders.

11.—(1) Where a copy of an order is required by this Act to be given to any person, such copy shall be addressed to such person and shall be given to him in one of the following ways, that is to say:—

• (a) by delivering it to such person;

• (b) by leaving it at the address at which such person ordinarily resides;

• (c) by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.

• (2) For the purpose of giving, in pursuance of this Act, a copy of an order to a company registered under the Companies Acts, 1908 to 1924, such company shall be deemed to be ordinarily resident at its registered office.

• (3) For the purpose of giving, in pursuance of this Act, a copy of an order to a corporate body (other than any such company as is mentioned in the next preceding sub-section of this section) or to an unincorporated body, such body shall be deemed to be ordinarily resident at its principal office or place of business.

12 Regulations.

12.—The Minister may make regulations prescribing forms for use under this Act.

13 Saving for national monuments.

13.—Nothing in this Act shall restrict, prejudice, or affect the powers or duties of the Minister for Finance, the Commissioners of Public Works in Ireland, or any local authority under the National Monuments Act, 1930 (No. 2 of 1930), in relation to national monuments as defined by that Act or any particular such monument.

14 Expenses of sanitary authorities.

14.—(1) The expenses incurred by a sanitary authority under this Act shall be raised and defrayed in like manner as expenses incurred by such authority under the Public Health Acts, 1878 to 1931, are raised and defrayed.

• (2) Where expenses are incurred under this Act by the sanitary authority of a county health district, such expenses shall be charged equally over the whole of such district.

15 Expenses of the Minister.

15.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

16 Repeal.

16.—Section 39 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931), is hereby repealed.

17 Short title.

17.—This Act may be cited as the Acquisition of Derelict Sites Act, 1940.