Air Navigation and Transport Act , 1950

PART I. Preliminary and General.

1 Short title and collective citation.

1.—(1) This Act may be cited as the Air Navigation and Transport Act, 1950.

(2) The Air Navigation and Transport Acts, 1936 to 1946, and this Act may be cited together as the Air Navigation and Transport Acts, 1936 to 1950.

2 Interpretation.

2.—(1) In this Act—

the expression “the Act of 1946” means the Air Navigation and Transport Act, 1946 (No. 23 of 1946);

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the Principal Act” means the Air Navigation and Transport Act, 1936 (No. 40 of 1936).

(2) This Act shall be construed as one with the Air Navigation and Transport Acts, 1936 to 1946.

3 Prosecution of offences under the Principal Act, the Act of 1946 and this Act.

3.—An offence under any subsection or section contained in the Principal Act, the Act of 1946 or this Act may be prosecuted by or at the suit of the Minister as prosecutor.

4 Repeals.

4.—The enactment set out in column (2) of the First Schedule to this Act is hereby repealed to the extent specified in column (3) of the said Schedule.

PART II. Miscellaneous Amendments of the Principal Act and the Act of 1946.

5 Amendment of definition of “State aircraft.”

5.—The expression “State aircraft”, where it occurs in the Principal Act or the Act of 1946, shall, in lieu of the meaning assigned to that expression by subsection (1) of section 2 of the Principal Act, mean aircraft of any country used in military, customs and police services.

6 Meaning in Part V of the Principal Act of “the purposes of this Part of this Act.”

6.—(1) Section 36 of the Principal Act shall be construed as if there were inserted therein the following new paragraph—

“(c) any purpose related to the development of civil aviation where such development affects an aerodrome which the Minister or a local authority has established or is about to establish or affects any land adjacent to such aerodrome.”

(2) For the avoidance of doubts it is hereby declared that the purposes of Part V of the Principal Act for which land may be acquired by agreement or compulsorily include and always included the establishment of an aerodrome.

7 Amendment of section 37 of the Principal Act.

7.—Section 37 of the Principal Act is hereby amended by the insertion, after the word “approaches” of the words “water supply works and watermains, sewers and sewage disposal works, electric lines, lights, signs”.

8 Entry on land, etc., compulsorily acquired under the Principal Act before conveyance or ascertainment of compensation.

8.—(1) In this section the expression “water right” means a right of impounding, diverting or abstracting water.

(2) At any time after the Minister becomes entitled under subsection (1) of section 41 of the Principal Act to acquire compulsorily any land or any water right or to use compulsorily any water right and before conveyance or ascertainment of compensation, the Minister may, subject to the subsequent provisions of this section, enter on and take possession of that land or exercise that water right.

(3) Where the Minister exercises any power conferred on him by subsection (2) of this section in relation to any land or water right, then—

(a) subject to paragraph (b) of this subsection, the Minister shall pay to the person, who is the occupier of that land or the owner of that water right, interest on the amount of the compensation payable to such person at the rate of three per cent. per annum from the date on which such power was exercised until payment of such compensation,

(b) if—

(i) the Minister has made an unconditional offer in writing of any sum as such compensation to such person, and

(ii) the offer is not accepted by such person, and

(iii) the sum awarded as compensation by the official arbitrator to such person does not exceed the sum so offered,

no interest shall be payable on such compensation in respect of any period after the date of the offer.

(4) The Minister shall not—

(a) enter on or take possession of any land under subsection (2) of this section without giving to the occupier thereof at least one month's or, in the case of an occupied dwelling-house, three months' previous notice in writing of his intention to do so, or

(b) exercise any water right under subsection (2) of this section without giving the owner thereof at least one month's previous notice in writing of his intention to do so.

(5) A notice under subsection (4) of this section may be given to any person by sending it by prepaid post in an envelope addressed to that person at his usual or last known address.

(6) Where, for any reason, the envelope mentioned in subsection (5) of this section cannot be addressed in the manner provided by that subsection, it may be addressed to the person for whom it is intended in either or both of the following ways—

(a) by the description “the occupier” or “the owner” (as the case may be) without stating his name,

(b) at the land or the situation of the property to which the notice contained in the envelope relates.

9 Construction of references to Chicago Convention in Part II of the Act of 1946.

9.—In Part II of the Act of 1946, references to the Chicago Convention shall be construed as including references to any Annex to the Chicago Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Chicago Convention) and any amendment of any such Annex made in accordance with the Chicago Convention.

PART III. Vesting of certain land in the Minister and provisions in relation to that and other land acquired by the Minister.

10 Vesting in the Minister of lands described in the Second Schedule and cesser of application of State Lands Act, 1924 to lands described in Part I of the Second Schedule.

10.—(1) (a) On the passing of this Act, the lands described in Part I of the Second Schedule to this Act (which said lands form part of Dublin Airport) shall, by virtue of this subsection, vest in the Minister for all the interest therein which immediately before the passing of this Act belonged to the State.

(b) The State Lands Act, 1924 (No. 45 of 1924), shall cease to apply to the lands described in Part I of the Second Schedule to this Act.

(2) On the passing of this Act, the lands described in Part II of the Second Schedule to this Act (which said lands form another part of Dublin Airport) shall, by virtue of this subsection, vest in the Minister for all the interest therein which immediately before the passing of this Act was vested in the Minister for Defence.

(3) Subsections (1) and (2) of this section shall, for the purposes of section 6 of the Conveyancing Act, 1881, have effect as conveyances of land.

(4) (a) Where any person is registered under the Registration of Title Act, 1891, as the owner of any interest in any land which, by virtue of subsection (1) or (2) of this section vests in the Minister, the Registrar of Titles shall, on production of a certificate under the official seal of the Minister certifying that such land, has by virtue of such subsection, vested in him, cause the Minister to be registered as the owner of such interest instead of such person.

(b) No fees shall be payable in respect of any proceedings in the Land Registry under this subsection.

11 Application of Principal Act to lands described in Second and Third Schedules.

11.—The lands described in the Second Schedule to this Act and the lands described in the Third Schedule to this Act (which said last-mentioned lands form part of Shannon Airport and were acquired by the Minister under the Emergency Powers (No. 315) Order, 1944 (S. R. & O., No. 74 of 1944)), shall, for the purposes of the Principal Act, be deemed to have been acquired thereunder.

12 Disposal of land acquired by the Minister under the Principal Act and lands described in the Second and Third Schedules.

12.—(1) In this section, the word “dispose”, in relation to land, means deal with the land in any of the following ways—

(a) sell it,

(b) lease or let it,

(c) grant a licence of it,

(d) grant (by way of lease, letting or licence) a right in respect of it,

and the word “disposal” shall be construed accordingly.

(2) (a) The Minister, with the consent, either general or particular, of the Minister for Finance, may dispose of the whole or any part of—

(i) land acquired by him (whether before or after the passing of this Act) under the Principal Act,

(ii) the lands described in the Second and Third Schedules to this Act.

(b) The power of disposal conferred by paragraph (a) of this subsection shall extend to parts of buildings.

(c) The Minister shall not, in exercise of his powers under paragraph (a) of this subsection, dispose of any State minerals within the meaning of the Minerals Development Act, 1940 (No. 31 of 1940), except sand, gravel, stone or clay which is not more than twenty feet below the surface.

(3) Any moneys received by the Minister in respect of the disposal of land under subsection (2) of this section shall be paid into or disposed of for the benefit of, the Exchequer in such manner as the Minister for Finance may direct.

PART IV. Provisions for securing the safe and efficient navigation of aircraft in the vicinity of aerodromes.

13 Right of Minister to erect and maintain certain apparatus in land in vicinity of aerodromes.

13.—(1) (a) The Minister may cause to be erected, placed and attached upon, in or to any land or building in the vicinity of an aerodrome and may thereafter maintain and use such apparatus (including electric lines) as he considers necessary for the purpose of indicating any position or any obstruction or of signalling or supplying information to persons navigating aircraft to, or from, or in the vicinity of, the aerodrome.

(b) Before erecting, placing or attaching any apparatus upon, in or to any land or building in pursuance of this subsection, the Minister shall give one month's previous notice to the owner and occupier thereof indicating his proposal.

(c) If any person wilfully obstructs or destroys, tempers with, pulls down, or defaces any apparatus erected, placed or attached upon, in or to any land or building in pursuance of this subsection, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(2) (a) For the purposes of exercising the powers conferred by subsection (1) of this section, any authorised person and any persons acting under his direction may enter upon and pass over (with or without vehicles) any land.

(b) If any person (in this paragraph referred to as the offender) obstructs an authorised person or any person acting under his direction in the exercise of the powers conferred by this subsection, the offender shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(c) In this subsection the expression “authorised person” means any person belonging to a class authorised in writing by the Minister to exercise the powers conferred by this subsection on authorised persons.

(3) If any person having an estate or interest in land proves that his estate or interest is injuriously affected by the exercise of the powers conferred by subsection (1) of this section, he shall be entitled to recover from the Minister compensation for the injury to that estate or interest, and any question whether compensation is payable under this section or as to the amount of any compensation so payable shall, in default of agreement, be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.

14 Restrictions on use of land in the vicinity of aerodromes.

14.—(1) Whenever the Minister is of opinion that the unrestricted use of a particular area of land in the vicinity of an aerodrome would interfere with the navigation of aircraft flying to or from that aerodrome, he may by order (in this section referred to as a protected area order) do the following things—

(a) declare that that particular area of land shall be a protected area for the purposes of the order,

(b) declare that, within the protected area, it shall not be lawful for any person, save under and in accordance with a permit granted by the Minister,—

(i) to erect or add to any building, or

(ii) to erect or place any post, pole or other thing, so that any part of the building, post, pole or thing (in this section referred to as an obstruction) will be at a greater height than that fixed by the order.

(2) The following provisions shall apply in respect of every protected area order—

(a) the Minister shall cause the order to be published in the Iris Oifigiúil and in such newspapers circulating in the area to which the order relates as the Minister thinks proper,

(b) the order may divide the area to which it relates into such and so many sub-areas as the Minister thinks fit and, in that case, may contain different provisions in relation to each of those sub-areas,

(c) the order may exempt from its operation any specified obstructions or class of obstructions,

(d) there shall be attached to the order a map showing the area to which the order relates and, where that area is divided into sub-areas, each of those sub-areas,

(e) the map attached to the order may be omitted from the order in any publication thereof in pursuance of paragraph (a) of this subsection, but copies of the order with the map attached thereto shall be deposited in the offices of the Department of Industry and Commerce at Kildare Street, Dublin, and shall be there kept open for public inspection at all reasonable times.

(3) The Minister may by order revoke or amend a protected area order.

(4) Every protected area order shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either such House within the next subsequent twenty-one days on which such House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.

(5) The Minister may grant permits for the purposes of a protected area order, and the following provisions shall apply in relation to any permit so granted—

(a) the Minister may—

(i) attach to it such conditions as he thinks fit,

(ii) revoke or amend it;

(b) the permit shall not operate as a release from any restrictions imposed under the Town and Regional Planning Acts, 1934 and 1939, or any other enactment and applicable to the area to which the order relates.

(6) (a) If any person, having an estate or interest in land within an area to which a protected area order applies, proves that his estate or interest is injuriously affected by the refusal of the Minister to grant him a permit or by any conditions attached to a permit granted to him by the Minister, he shall be entitled to recover compensation from the Minister for the injury to that estate or interest, and any question whether compensation is payable under this subsection or as to the amount of any compensation so payable shall, in default of agreement, be determined by an arbitrator appointed under the Acquisition of Land (Assessment of Compensation) Act, 1919, and under and in accordance with that Act.

(b) Where a person would, but for this paragraph, be entitled to compensation under this subsection and also under any other enactment in respect of the same matter, he shall not be entitled to compensation in respect of that matter under both this subsection and that other enactment, but may elect to receive compensation under either this subsection or that other enactment.

(7) If any person erects or adds to a building or erects or places any post, pole or other thing in contravention of a protected area order—

(a) that person shall be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding fifty pounds, and

(b) the Minister may, whether or not any proceedings are taken in respect of the offence, cause such alterations to be made in the building, post, pole, or thing in respect of which the contravention took place as may be necessary in his opinion to ensure compliance with the order, and the expenses incurred by the Minister in so doing shall be recoverable by the Minister from the person by whom the contravention is committed as a simple contract debt in any court of competent jurisdiction.

PART V. Provisions in relation to State aerodromes.

15 Definitions for purposes of Part V.

15.—(1) In this Part—

the expression “authorised officer” means a person being—

(a) a member of the Garda Síochána, or

(b) any person belonging to a class authorised in writing by the Minister to exercise the powers conferred on authorised officers by sections 19 and 20 of this Act;

the word “bye-laws” means bye-laws made under this Part;

the expression “State aerodrome” means an aerodrome established by the Minister under section 37 of the Principal Act.

(2) References in this Part to a contravention of a bye-law include references to a failure or refusal to comply with the bye-law.

16 Bye-laws in relation to State aerodromes.

16.—(1) The Minister may make, in relation to any State aerodrome, bye-laws for any one or more of the following purposes—

(a) the exclusion therefrom of persons,

(b) the exclusion therefrom of vehicles,

(c) the admission thereto of persons,

(d) the admission thereto of vehicles,

(e) the formation of queues of persons and vehicles within, or seeking admission to, the aerodrome,

(f) the prohibition of trespassing on the aerodrome by persons or animals,

(g) the securing of the safety of the aerodrome and of aircraft using it against damage and, in particular, damage by fire,

(h) the restriction of smoking in the aerodrome,

(i) the preservation of order and good conduct in the aerodrome,

(j) the prevention of nuisances in the aerodrome,

(k) the safe custody and re-delivery or disposal of any property found in the aerodrome or in any aircraft or vehicle therein, the fixing of the charges to be made in respect of such safe custody or re-delivery, and the application, if any such property is disposed of by being sold, of the moneys arising from the sale,

(l) generally for the proper management, operation and supervision of the aerodrome.