State Property Act , 1954

PART I. Preliminary and General.

1. Short title.

1.—This Act may be cited as the State Property Act, 1954.

2. Interpretation.

2.—(1)In this Act—

“the Commissioners” means the Commissioners of Public Works in Ireland;

“enactment” means any enactment being—

(a)a pre-Union Irish statute, or

(b)a British statute, or

(c)a Saorstát Éireann statute, or

(d)an Act of the Oireachtas (whether passed before or after this Act);

“former crown rent” means any periodic payment which was, immediately before the 6th day of December, 1922, collectable under the Crown Lands Acts, 1829 to 1913, being—

(a)a crown rent, or

(b)a quit rent, or

(c)a composition rent, or

(d)any other rent or rent-charge;

“land” includes—

(a)land of any tenure,

(b)foreshore, within the meaning of the Foreshore Act, 1933 (No. 12 of 1933),

(c)mines and minerals, whether held apart from the surface or not,

(d)parts of buildings held or enjoyed under any lease, contract of tenancy, or licence,

(e)any estate or interest in land, whether in possession or in remainder,

(f)reversions,

(g)any former crown rent,

(h)rent and rent-charges (other than former crown rents) in respect of, or issuing out of, land,

(i)franchises, easements, profits-a-prendre, licences and other rights, privileges, liberties, advantages or benefits of whatsoever kind in, over, or in relation to, land;

“the Land Commission” means the Irish Land Commission;

“the Minister” means the Minister for Finance;

“the operative date” means the date of the passing of this Act;

“State authority” means any authority being—

(a)a Minister of State, or

(b)the Commissioners;

“State land” means land which belongs to the State, the Nation, the People or a State authority or a gift of which, made to the State, the Nation or the People or in terms indicating that it is for the benefit of the State, the Nation or the People, was, before the operative date, accepted by the Government or a State authority, and includes any former crown rent, but does not include—

(a)St. Stephen's Green Park, Dublin,

(b)any land conveyed or assigned to, or vested in, a State authority by way of mortgage,

(c)any land acquired by, or vested in, the Commissioners under the Drainage and Navigation (Ireland) Acts, 1842 to 1857, the Drainage and Improvement of Lands (Ireland) Acts, 1863 to 1892, the Arterial Drainage Act, 1925 (No. 33 of 1925), the River Owenmore Drainage Act, 1926 (No. 3 of 1926), the Barrow Drainage Act, 1927 (No. 26 of 1927), the Arterial Drainage Act, 1945 (No. 3 of 1945), or any other enactment relating to the drainage of land,

(d)any charge, rent-charge, annuity or other periodical payment payable to the Commissioners under or in pursuance of any enactment,

(e)any land (including glebe land) or any sum (including any security) now, or hereafter to be, acquired or held by, or transferred to, or vested in, or payable to, the Land Commission, whether in trust or otherwise,

(f)any land to which the State Lands (Workhouses) Act, 1930 (No. 9 of 1930), applies,

(g)any land for the time being held by the Minister for Health for the purposes of the Saint Laurence's Hospital Act, 1943 (No. 3 of 1943), or the Tuberculosis (Establishment of Sanatoria) Act, 1945 (No. 4 of 1945).

(2)In this Act, a reference by number to a section is to the section of this Act bearing that number unless it is indicated that a reference to some other Act is intended.

(3)References in this Act to State land vested in a State authority shall be construed as including references to State land vested in that State authority otherwise than by or under this Act.

3. Cumulative nature of powers under this Act.

3.—For the avoidance of doubts it is hereby declared that—

(a)the powers conferred by this Act on a State authority in relation to State land are in addition to, and not in substitution for, any powers exercisable by that State authority in relation to that State land under any previous enactment and such last-mentioned powers shall continue to be exercisable accordingly,

(b)nothing contained in any previous enactment relating to State land shall be construed as limiting the powers conferred by this Act in relation to that State land.

4. Repeal of the State Lands Act, 1924, and saving.

4.—(1)The State Lands Act, 1924 (No. 45 of 1924), is hereby repealed.

(2)Without prejudice to section 21 of the Interpretation Act, 1937 (No. 38 of 1937), the repeal of the State Lands Act, 1924, shall not affect the validity of any lease or licence made or granted under that Act.

PART II. State Land.

Chapter I.

5. Vesting in the Minister of State land not otherwise vested.

5.—(1)On the operative date all land, which immediately before the operative date is State land and is not then vested in a State authority, shall, by virtue of this subsection, stand vested in the Minister.

(2)All land which becomes State land on or after the operative date and which does not, on becoming State land, vest, independently of this subsection, in a State authority shall, on so becoming State land, vest in the Minister.

6. Vesting of State land in cases of doubt.

6.—(1)If at any time any doubt arises, in relation to any particular State land, as to whether it is vested in a State authority or as to the State authority in whom it is vested, the Minister may, by warrant under his official seal, vest, as on and from a specified date (which may be earlier than the date of the warrant or the operative date) that State land in a specified State authority, and thereupon that State land shall vest in, and, if the said specified date is earlier than the date of the warrant or the operative date, be deemed to have been vested in, the said specified State authority on the said specified date.

(2)No stamp duty shall be payable on any warrant under subsection (1) of this section.

7. Transfer of State land by one State authority to another.

7.—(1)A State authority in whom any State land is for the time being vested may (with, in case that State authority is not the Minister, the consent, which may be general or particular, of the Minister) convey, assign or transfer such State land to any other State authority.

(2)No stamp duty shall be payable on any conveyance, assignment or transfer executed under subsection (1) of this section.

8. Provisions in relation to State land registered under the Registration of Title Act, 1891.

8.—(1)In this section—

“the Act of 1891” means the Registration of Title Act, 1891, as amended by the Registration of Title Act, 1942 (No. 26 of 1942);

“the registering authority” means the registering authority under the Act of 1891;

“person” includes a public officer or body or person referred to in section 78 of the Act of 1891.

(2)Where the registering authority is satisfied that land in respect of which any person is registered under the Act of 1891 is State land and there is produced to him a certificate under the official seal of the Minister certifying that such State land has, by virtue of subsection (1) or subsection (2) of section 5, vested in the Minister, the registering authority shall substitute in the appropriate register the name of the Minister for that of such person.

(3)Where any State land which is registered under the Act of 1891 becomes vested in a State authority by virtue of a warrant under section 6 or a conveyance, assignment or transfer under section 7, the registering authority shall, upon the production of the warrant or conveyance, assignment or transfer, substitute in the appropriate register the name of that State authority for that of the person in whose name such State land was theretofore registered.

(4)A State authority in whom State land is vested may be registered as the owner of that State land under the Act of 1891, and shall be entitled to receive such notices and to make and enter any such application or cautions and do all such other acts as any owner of land or of a right on land (as the case may be) is entitled to receive, make, enter or do under the Act of 1891.

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

Chapter II.

9. Powers of State authorities under this Chapter to be exercisable only with the consent of the Minister.

9.—The powers conferred by this Chapter on a State authority shall, where that State authority is not the Minister, be exercisable only with the consent (which may be general or particular) of the Minister.

10. Sale, exchange, gratuitous grant and leasing of State land, other than that mentioned in the First Schedule.

10.—(1)The powers conferred by this section shall not be exercisable in respect of the State land mentioned in the First Schedule to this Act.

(2)A State authority may, in respect of any State land for the time being vested in that State authority, do all or any of the following things—

(a)sell such State land or any part thereof,

(b)exchange, on such terms (including payment or receipt of money for equality of exchange) as such State authority may determine, such State land or any part thereof for any other land,

(c)make a grant gratuitously of such State land or any part thereof for any specified purpose,

(d)make a lease of such State land or any part thereof for any term.

(3)Every sale of State land under paragraph (a) of subsection (2) of this section shall be made for such consideration in money or money's worth as the State authority selling it shall determine.

(4)(a)Every grant of State land under paragraph (c) of subsection (2) of this section shall contain such covenants, conditions and agreements (including a right of re-entry on breach thereof) as the State authority making the grant shall determine and shall agree upon with the person to whom the grant is made.

(b)Every covenant, condition and agreement contained in any grant of State land under paragraph (c) of subsection (2) of this section shall be equally binding on, and enforceable against, any person claiming through or under the original grantee as if the grant had been made to that person.

(5)The following provisions shall apply in relation to every lease of State land made, under paragraph (d) of subsection (2) of this section, by a State authority, that is to say—

(a)the lease shall, unless that State authority determines that it should in the public interest be made free of any payment, be made subject to the payment to that State authority of such moneys, whether by way of fine or other preliminary payment or by way of rent or by both such ways, as that State authority shall determine and shall agree upon with the person to whom the lease is made;

(b)the lease shall contain—

(i)such covenants, conditions and agreements as that State authority shall determine and shall agree upon with the person to whom it is made,

(ii)a proviso for re-entry on the breach, non-performance or non-observance by the lessee of any covenant on the lessee's part, condition or agreement contained in the lease.

(6)As soon as may be after the 30th day of June and the 31st day of December in every year the Minister shall cause to be laid before each House of the Oireachtas, a report giving particulars of all sales, exchanges, grants and leases (other than any lease for a term not exceeding twenty-one years) made or granted during the preceding half year in exercise of the powers conferred by this section.

11. Other powers of State authorities in relation to State land other than that mentioned in the First Schedule.

11.—(1)The powers conferred by this section shall not be exercisable in respect of the State land mentioned in the First Schedule to this Act.

(2)A State authority may, in respect of State land for the time being vested in that State authority, do all or any of the following things—

(a)grant to any person, on such terms and conditions as such State authority shall determine, a tenancy from year to year or for any lesser period;

(b)grant to any person, on such terms and conditions and for such period as such State authority shall determine, a licence to occupy or to use or to occupy and use, either generally or in a particular manner or for a particular purpose, such State land;

(c)grant, by way of licence or otherwise, to any person, on such terms and conditions and for such period as such State authority shall determine, any easement, profit-a-prendre or other right, privilege or liberty over, or in respect of, such State land, or any part thereof;

(d)grant to any person, on such terms and conditions and for such period as such State authority shall determine, a right to raise, but from not more than twenty feet below the surface, and take and carry away from such State land any one or more of the following substances, namely, sand, gravel, stone, clay and turf;

(e)surrender, on such terms (including the receipt or payment of money) as such State authority shall determine, any grant, lease, tenancy or licence under which such State land or any part thereof is held or occupied by or for the State;

(f)accept a surrender, on such terms (including the receipt or payment of money) as such State authority shall determine, of any grant, lease, tenancy or licence under which such State land or any part thereof is held from the State or such State authority;

(g)waive, release or vary any covenant or condition contained in any grant, lease, tenancy or licence (including a grant, lease, tenancy or licence made or granted before the operative date) of such State land or any part thereof, whether a breach of such covenant or condition has or has not taken place;

(h)waive any breach (whether occasioning or not occasioning a forfeiture and whether committed before, on or after the operative date) of any covenant or condition contained in any grant, lease, tenancy or licence (including a grant, lease, tenancy or licence made or granted before the operative date) of such State land;

(i)dedicate such State land or any part thereof for use by the public;

(j)permit the public generally or any particular class or section of the public or the members of any particular association, club or organisation to have access to and to use such State land, either generally or for a particular purpose, on such terms and conditions as such State authority shall determine.

(3)(a)Where a State authority permits the public generally or any particular class or section of the public or the members of any particular association, club or organisation to have access to and to use any State land vested in that State authority, that State authority may, if that State authority thinks fit, make bye-laws regulating such access and use.

(b)If any person contravenes (by act or omission) any bye-law made under this subsection, such person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

12. Waiver and release of rent and arrears of rent and mesne rates in respect of State land.

12.—(1)In this section, “rent” includes a former crown rent, a rent charge, a rent service and a rent sec, and also includes royalties, charges for the use and occupation of State land and money payable periodically under a licence.

(2)Whenever a State authority is satisfied, in respect of any rent payable to that State authority out of land, that it is not practicable or is not expedient to enforce the payment of such rent or a part thereof, that State authority may waive the payment of such rent or such part thereof and release such land therefrom to the extent either that such rent or such part thereof shall cease to be payable at all thereafter or that such rent or such part thereof shall cease to be payable during a certain period or during the continuance of certain circumstances or until the happening of a specified event, and where such waiver or release is made that State authority may attach thereto such (if any) conditions as that State authority thinks proper.

(3)Where a State authority is satisfied in respect of any arrears (whether such arrears accrued due before or after or partly before and partly after the passing of this Act) of rent payable to that State authority that such arrears or any part thereof cannot be recovered or that it is not expedient to enforce payment thereof, that State authority may waive the payment of such arrears or such part thereof and discharge the person liable therefor from payment thereof and make such waiver, release and discharge either unconditionally or subject to specified conditions.

(4)Where a person is liable to pay to a State authority any mesne rates in respect of State land, that State authority may release such person from such liability in whole or in part either unconditionally or subject to specified conditions.

(5)As soon as may be after the 30th day of June and the 31st day of December in every year the Minister shall cause to be laid before each House of the Oireachtas a statement giving particulars of all waivers, releases and discharges made or granted during the preceding half year in exercise of the powers conferred by this section.

Chapter III.

13. Apportionment of former crown rents.

13.—(1)If any land is liable, in conjunction with other lands, to any former crown rent, then, in case that land is sold under the Land Purchase Acts, the Judicial Commissioner of the Irish Land Commission or, in any other case, the Minister may by order apportion such former crown rent upon or amongst the several lands liable to the payment thereof, or upon or amongst any part or parts of those lands in exoneration of the remainder thereof, or may charge the whole of any such former crown rent on any part of the lands charged therewith in exoneration of the remainder of those lands.

(2)For the purpose of apportionment or exclusive charge under this section, when any former crown rent or any portion thereof has been for a period of not less than twenty years, or is under the provisions of any contract, paid in respect of any land, such former crown rent, or portion thereof, as the case may be, shall be deemed to be charged on that land whether originally so charged or not.

(3)Every apportionment or exclusive charge under this section shall be binding on the State and on every person, and the apportioned part of any former crown rent or any former crown rent so exclusively charged, shall thenceforth issue out of and be chargeable upon the land whereon the same may be apportioned or exclusively charged.

(4)No apportionment or exclusive charge under this section shall in any manner prejudice or affect any reversion or remainder of the State in any land originally charged with any former crown rent so apportioned or exclusively charged.

(5)The Judicial Commissioner of the Irish Land Commission may make rules in relation to the jurisdiction conferred on him by this section.

(6)(a)An appeal shall lie to the High Court against any order made by the Minister under this section.