Defence Act 1954

Restrictions on use of land in vicinity of service aerodromes.

36

36. (1) Whenever the Minister is of opinion that the unrestricted use of a particular area of land in the vicinity of an aerodrome vested in or occupied by him 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 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, to erect or add to any building or 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 office of the Department of Defence, Parkgate, Dublin, and shall be there kept open for public inspection at all reasonable times.

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

(4) Every protected area order and every order amending a 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 (which agreement shall be subject to the consent of the Minister for Finance), 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 F28 [ 1,000 ] 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.

Annotations:

Amendments:

F28

Substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 2, item 4, commenced on enactment.