Forestry Acts 1946 to 1976
2. Acquisition of Land under the Acts
3. State ownership of certain inland lakes
4. Certain burdens arising under the Acts
5. Extinguishment of easements under section 61, Wildlife Act, 1976
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
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 hereof, of the lodgment of the Vesting Order. Registration is to proceed without awaiting a reply to the notification.
Notices need not be served on registered owners of lands, burdens or charges.
Production of the Land Certificate and Certificate of Charge is not to be required.
Memorials are not to be filed in the Registry of Deeds in respect of unregistered land acquired.
2.2 Acquisition of land held in common
Where all the shares are registered. Section 55 Wildlife Act.
On lodgment of an Order acquiring the total commonage, the Minister is to be registered as owner of the land and a note entered on the folio on which each share is registered that the share is transferred to the Minister’s folio.
On lodgment of an Order acquiring part of such commonage, the Minister is to be registered as owner of the part acquired and
(i) If there is only one tenant-in-common who did not agree to sell to the Minister, such tenant is to be registered as full owner in severalty of the total commonage not acquired.
(ii) If there is more than one tenant-in-common who did not agree, they are to be registered as tenants-in-common of the total commonage not acquired in shares proportionate to the proportion of their former shares one to another.
(iii) On lodgment of an Order acquiring part of lands held on a joint tenancy, the case is to be referred to the Deputy Registrar.
Example of (i) 100 acres are held by X, Y and Z in common. The order acquires 80 acres and X and Y had agreed to sell. The Minister is registered as owner of the 80 acres and Z is registered as owner in severalty of the 20 acres remaining.
Example of (ii) 100 acres are held by W, X, Y and Z in common. W 1/8; X 2/8; Y 3/8; Z 2/8. Y and Z do not agree to the sale and the Order acquires 40 acres. The Minister is registered as owner of the 40 acres. Y is registered as tenant-in-common of 3/5 of the 60 acres. X is registered as tenant-in-common of 2/5 of the 60 acres.
Section 55 of the Wildlife Act appears to apply only to registered owners or their representatives where total interest in the commonage is being purchased. Section 4 of the 1956 Act has the same result in the same situation but it applied and applies whether all the shares of the tenants-in-common are registered or not and whether the total interest of one or more of the owners is being acquired.
It is not the intention of the Minister to acquire less than the entire interest of at least one tenant-in-common on the total commonage and if any such case is lodged it is to be referred to the Regional Manager.
3. State ownership of certain inland waters
Section 57 of the Wildlife Act, 1976 provides that where the Minister for Fisheries and Forestry is of opinion that there is a doubt as to whether or not any lake or other inland waters or lakeshore accretion belong to the State but in his opinion it is likely that the lake or other inland waters do so belong, he may make a Declaration Order declaring that the fee simple as to the whole or part of the said inland waters and lakeshore accretion (if any), in the land covered by the waters belongs to the State together with any interest in or over said land or waters which is inferior to the fee simple other than rights of fishing.
The procedure on lodgment of such Declaration Orders shall be the same as set out above pursuant to Vesting or Purchase Orders.
4. Certain burdens arising under the Acts
4.1 Agreement as to user and management of land (section 18 Wildlife Act 1976)
Section 66 of the Wildlife Act amends section 69 of the Registration of Title Act and provides that such an agreement if it provides that it shall be enforceable against persons deriving title to the relevant land under a party to the agreement may be registered as a burden.
If notice of the termination of such an agreement is lodged by the Minister, the burden is to be cancelled.
4.2 Right of Way in favour of the Minister, his successors and licensees (section 60 Wildlife Act 1976)
Where the Minister for Fisheries and Forestry requires in connection with any land held by him either for the purpose of the Forestry Act 1946, or the Wildlife Act 1976, or partly for the purposes of either Act a right-of-way over any other land the Lay Commissioners or the Appeal Tribunal may make an Order pursuant to section 60 of the Wildlife Act 1976 (creating such right-of-way). On lodgment of a certified copy of such Order under the seal of the Minister, with map attached, showing right-of-way with a Certificate by the Solicitor as to the date when the Order came into force, the right-of-way is to be registered as a burden in the usual way and date of registration to be the date on which the Order is stated to have come into force.
No Land Registry fees or Stamp Duty are payable.
4.3 Temporary Right-of-Way (section 20 of 1946 Act)
Such rights-of-way are created by Order of the Lay Commissioners or Appeal Tribunal under section 20 of the 1946 Act and registration of same are made as of date such Order is stated to have come into force. No Land Registry fees or Stamp Duty are payable.
4.4 Burdens created under section 54 ofthe Forestry Act 1946
Where a burden is created by the Land Commission under section 54 of the Forestry Act 1946, it is to be entered on the relevant Folio in such one or other of the forms hereunder set forth as may be applicable to the particular burden specified in the licence or order transmitted to the Registry.
(i) Cases to which section 54(2) of the Act applies
“Burden. The replanting conditions and/or the preservation conditions attached to a limited felling licence, and/or a utilisation (exempted trees) order made in pursuance of the Forestry Act 1946, specified in Instrument No……… (the order or licence) and affecting the property described in said Instrument No………”
(ii) Cases to which section 54(3) of the Act applies
“Burden. The replanting conditions and/or the preservation conditions attached to a felling licence granted under the Forestry Act 1928, and made in pursuance of the Forestry Act 1946, specified in Instrument No……… (the licence) and affecting the part of the property described in said Instrument No……….”
(iii) Cases to which section 54(4) of the Act applies
“Burden. The afforestation conditions attached to a general felling licence made in pursuance of the Forestry Act 1946, specified in Instrument No…… (the licence) and affecting the part of the property described in said Instrument No……….”.
(iv) Cases to which section 54(5) of the Act applies
“Burden. The Replanting Order made in pursuance of the Forestry Act 1946, specified in Instrument No……. (the Order)……….and affecting the part of the property described in said Instrument No…….”. In the case of licences or orders made pursuant to subsections (2), (4) and (5) of said section 54 of the Act, it has been arranged with the Land Commission that a tracing of the part of the land affected by the licence or order will be furnished with such licence or order.
Where, however, under sub-section (3) of section 54 above mentioned, a replanting licence under the Forestry Act 1928, has been granted, no tracing will be required since the conditions of the licence do not require that replanting be effected in any particular part of the land referred to in the licence.
5. Extinguishment of easements under section 61 of Wildlife Act 1976
On lodgment of Certified copy of the Order of the Lay Commissioners or Appeal Tribunal with Certificate by the Solicitor as to the date on which the Order came into force a note shall be entered on the register to the effect that the property has ceased to be subject to the particular easement. Registration is to be as of date Order is stated to have come into effect.
No Land Registry fees or Stamp Duty are payable.
Registrar of Deeds and Titles.
21 April 1998.