Industrial Development Act 1986

SECOND SCHEDULE

Provisions Relating to Exercise of Powers of Authority

[1952, Sch. 2; 1969, s. 8]

Acquisition of Land

Entry on land. etc., before conveyance.

1. F44 [ ]

Deposits of maps, plans etc.

2. F44 [ ]

Assessment of price or of compensation.

3. (1) F44 [ ]

(2) The amount of the compensation to be paid by F45 [ IDA ] on account of the termination, restriction or other interference (whether permanent or temporary) under this Act of or with any easement, way-leave, water-right, or other right over or in respect of any land or water shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if the compensation were the price of land compulsorily acquired.

(3) F44 [ ]

(4) F44 [ ]

(5) F44 [ ]

Time for claims for price or compensation.

4. All claims for the price of or compensation in respect of any land, easement, right or other property (whether corporeal or incorporeal) acquired or interfered with under this Act shall be made within one year after the land, easement, right or property is first entered on, exercised or interfered with under this Act.

Execution of works in lieu of compensation.

5. (1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done under this Act, F45 [ IDA ] may execute for his benefit such works, in satisfaction or partial satisfaction of his claim for compensation, as F45 [ IDA ] thinks proper and he agrees to accept.

(2) F45 [ IDA ] may attach to the execution of any works under this paragraph such terms (including terms as to the ownership, possession and control of the works) as are agreed upon by F45 [ IDA ] and the person for whose benefit the works are so executed.

Acquisition of land in lieu of payment of compensation.

6. Whenever F45 [ IDA ] is of the opinion that the payment of compensation for interference with any land would be uneconomic or for any other reason inexpedient, it may acquire the land permanently under this Act either by agreement or compulsorily.

Powers and duties where acquired land is subject to a land purchase annuity, etc.

7. (1) In this paragraph “ public authority” means the Irish Land Commission or the Commissioners of Public Works in Ireland.

(2) Whenever F45 [ IDA ] acquires permanently any land which is subject, either alone or in conjunction with other land, to a land purchase annuity, payment in lieu of rent or other annual sum (not being merely rent under a contract of tenancy) payable to a public authority, F45 [ IDA ] shall, as from the date on which it enters on and takes possesion of the land so acquired—

( a) become and be liable for the payment to the public authority of such annual sum, or such portion thereof as shall be apportioned by the public authority on such land, as if the land had been transferred to F45 [ IDA ] by the owner thereof on that date, and

( b) be entitled, if F45 [ IDA ] so thinks fit, to redeem the annual sum or such portion thereof as aforesaid, and

( c) be obliged, if required by the public authority to do so, to redeem such annual sum or such portion thereof as aforesaid.

Power of Authority to purchase land from the Irish Land Commission.

8. (1) F45 [ IDA ] may purchase from the Irish Land Commission any land, vested in the Irish Land Commission, which is required by F45 [ IDA ] for the performance of any of its functions.

(2) The land shall be so purchased at such price and upon such other terms as are agreed upon by F45 [ IDA ] and the Irish Land Commission, subject to the restriction that in assessing the price no regard shall be had to, nor any enhancement of price allowed for, any improvements executed on the land with money paid or advanced out of the Central Fund or out of money provided by the Oireachtas.

(3) The land shall be conveyed to or vested in F45 [ IDA ] by the Irish Land Commission.

(4) The price to be paid shall be provided and paid by F45 [ IDA ].

(5) F45 [ IDA ] shall defray all the costs and expenses of F45 [ IDA ] and the Irish Land Commission of or incidental to the purchase.

(6) In the preceding provisions of this paragraph “ land” includes any easement, profit-a-prendre, or other right over or in relation to any land, and the power of purchase conferred by this paragraph shall extend to the purchase of any such right whether in conjunction with or apart from the purchase of land.

Miscellaneous

Employment of contractors.

9. (1) F45 [ IDA ] may contract with any person for the doing by him of any work which it is authorised under section 16 to do.

(2) F45 [ IDA ] may delegate to that person by agreement the right to do the work and thereupon he shall have, concurrently with it, the right to exercise such of the powers conferred by this Act on F45 [ IDA ] as are necessary for doing the work and are specified in the agreement.

(3) References in section 16 to the doing of any work by F45 [ IDA ] shall be construed as including the doing of it by a contractor authorised under this paragraph.

General power of entry on land by F45 [ IDA ].

10. (1) F45 [ IDA ], members of its staff and other persons authorised by F45 [ IDA ] in this behalf shall be entitled to enter on any land for the purpose of doing thereon or on any other land all or any of the things which F45 [ IDA ] is authorised by this Act to do or making any preliminary inquiry, investigation or examination.

(2) Any person who obstructs, prevents or interferes with the exercise by F45 [ IDA ] or any member of the staff of F45 [ IDA ] or any person authorised by F45 [ IDA ] of any power conferred on it or him by this paragraph shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding £800.

Right of F45 [ IDA ] to information from rate books.

11. Whenever F45 [ IDA ], for the purpose of the performance of its functions, requires information from a rate book or other similar document, the local authority having custody of such book or document shall, at the request of F45 [ IDA ]

( a) permit any member of the staff of F45 [ IDA ] authorised in that behalf by F45 [ IDA ] to inspect free of charge a copy of the whole or any part of the book or document, and

( b) furnish to F45 [ IDA ], upon payment by F45 [ IDA ] of such fee as shall be agreed upon by F45 [ IDA ] and the local authority or, in default of agreement, shall be fixed by the Minister for the Environment, a copy of the book or document or of any particular part specified by F45 [ IDA ].

Protection of postal and telegraphic services.

12. Neither F45 [ IDA ] nor any contractor executing any works under this Act shall by virtue of this Act acquire, enter on, remove or otherwise interfere with any land, works, plant, materials or other property of An Post or Bord Telecom Éireann or erect any works or do any other matter or thing which, in the opinion of the Minister for Communications, would obstruct, delay, hinder or otherwise injuriously affect the due execution of the public services of An Post or Bord Telecom Éireann.

Disposal of money of Authority.

13. Any money received by F45 [ IDA ] in respect of the disposal of land, whether by sale, lease or otherwise, shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister, with the concurrence of the Minister for Finance, may direct.

Annotations:

Amendments:

F44

Deleted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 8(b), S.I. No. 361 of 2018.

F45

Substituted (19.09.2018) by Industrial Development (Amendment) Act 2018 (19/2018), s. 8(a), S.I. No. 361 of 2018.

Modifications (not altering text):

C33

Functions under paras. 1(2) and 13 transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 9 of 1986

Industrial Development Act 1986

Sections 4 and 23(3); Second Schedule, paragraphs 1(2) and 13

...

...

...

Editorial Notes:

E35

£800 converts to approximately €1,016 in accordance with Council Regulation (EC) No 974/98 of 3 May 1998 and Council Regulation (EC) No 2866/98 of 31 December 1998 on the conversion rates between the euro and the currencies of the Member States adopting the euro. This translates into a Class C fine not exceeding €2,500 in accordance with Fines Act 2010 (8/2010), ss. 3, 6, commenced (4.01.2011) by S.I. No. 662 of 2010.