Defence Act 1954

Powers exercisable for purposes of manœuvres.

270

270.(1) Where a manœuvres (authorisation) order has been made in relation to any area, such persons as are under the authority of the Minister engaged in manœuvres may under the direction of the Minister do, within such area and during the period specified in such order, all or any of the following things, that is to say:—

(a) pass over and encamp, construct military works, not of a permanent character, and execute military manœuvres on any land;

(b) supply themselves with water from any sources of water and for that purpose dam up any running water.

(2) Nothing in this section shall authorise—

(a) the entry on or interference with (except to the extent of using any road) any dwelling-house, place of worship, hospital, school, factory, workshop used for the carrying on of any trade, business or manufacture, farmyard, garden, orchard, pleasure ground, nursery ground, burial ground, ground attached to any place of worship or school or any premises enclosed within the curtilage of or attached to any dwelling-house;

(b) the damming up of water so as to interfere with the carrying on of any trade or industry;

(c) the taking of water from any source of supply belonging to a private owner or public authority unless with the consent of such owner or authority;

(d) the interference with any national monuments within the meaning of the National Monuments Act, 1930 (No. 2 of 1930), or with any picturesque or valuable timber or other national features of exceptional interest or beauty.

(3) The officer in command of the portion of the Defence Forces engaged in any military manœuvres shall cause all land used under the power conferred by this section to be restored as soon as and as far as may be practicable to its previous condition.

(4) In this section, the word “hospital” includes sanatorium, maternity home, nursing home, convalescent home, county home, preventorium, rehabilitation centre, laboratory, clinic, health centre, first-aid station, dispensary or similar institution.

Annotations:

Amendments:

F395

Substituted by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 228, not commenced as of date of revision.

Modifications (not altering text):

C64

Prospective affecting provision: subs. (2)(d) substituted by Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), s. 228, not commenced as of date of revision.

F395[(d) the interference with any monument within the meaning of section 2 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, or with any picturesque or valuable timber or other national features of exceptional interest or beauty.]