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.—(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.—(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.—(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.

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.—(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.—(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.—(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.

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.

(b) The jurisdiction conferred on the High Court by this subsection shall be exercised by a judge of the High Court nominated by the President of the High Court for the purpose.

14.—(1) In this section “State rent” means any rent being—

(a) a former crown rent, or

(b) a rent reserved by a fee farm grant or a lease and payable to a State authority.

(2) Where—

(a) any land is sold under the Land Purchase Acts, and

(b) such land is liable to a State rent or an apportioned part of a State rent,

the Judicial Commissioner of the Irish Land Commission may order such rent or apportioned part to be redeemed at such price as he thinks proper.

15.—Where a former crown rent is vested in a State authority the like fees shall be paid to that State authority on the payment to that State authority of such former crown rent as were, prior to the 6th day of December, 1922, payable in respect of such former crown rent under sections 86 and 87 of the Crown Lands Act, 1829.

16.—(1) A State authority may, in relation to any State land for the time being vested in that State authority, institute any legal proceedings which that State authority could institute if that State authority were a private individual and the owner, lessee or tenant of such State land.

(2) In any legal proceedings instituted by a State authority against any person to recover any periodical sum (being a former crown rent or any rent, rent charge or other sum payable periodically out of State land or any sum payable by way of fees out of State land), a certificate under the official seal of that State authority certifying that a specified amount is due by such person on foot of such periodical sum in respect of a specified period shall be prima facie evidence of the matters so certified.

(3) In any legal proceedings in relation to State land instituted by the State authority in whom such State land is vested against any person, a certificate under the official seal of that State authority certifying any one or more of the following matters, namely—

(a) that such State land is held by that State authority on the tenure set out in the certificate,

(b) that such State land is held from that State authority by that person on the terms set out in the certificate,

(c) that a notice (in the form set out in the certificate) to quit such State land was duly served on the tenant of such State land on a specified date, and that such tenant refused to surrender possession of such State land on the expiration of the said notice,

shall be prima facie evidence of the matters so certified.

(4) Every covenant and agreement in relation to any State land entered into (whether before or after the passing of this Act) by any person (being the grantee, lessee, tenant or licensee of such State land) shall be deemed to have been entered into by that person with the State authority in whom such State land is for the time being vested and may be enforced by that State authority in like manner as if that State authority had been a party thereto.

(5) Nothing in this section shall be construed as affecting the right of the Attorney General on behalf of the State or the People to institute and carry on legal proceedings in respect of State land.

17.—(1) In this section—

“the proper officer” means—

(a) as respects premises situate in a county or county borough for which there is for the time being an undersheriff, the undersheriff of that county or county borough, or

(b) as respects premises situate in a county or county borough in which there is for the time being a sheriff, appointed under section 12 of the Court Officers Act, 1945 (No. 25 of 1945), in whom the functions of the county registrar for that county or county borough in relation to the execution of execution orders are for the time being vested, the sheriff of that county or county borough, or

(c) as respects premises situate in any other county or county borough, the county registrar for that county or county borough;

“State servant” means any person being—

(a) a member of the Defence Forces or of the Garda Síochána, or

(b) any person (not being a member of the Defence Forces or of the Garda Síochána) holding a position under a State authority.

(2) Where—

(a) (i) a person (being then a State servant) was (whether before, on or after the operative date) put, by reason of his being a State servant, into occupation of any premises (being State land) and

(ii) that person (whether he is or is not then a State servant) refuses to quit the premises on demand made by the State authority in whom the premises are for the time being vested or by a person authorised in that behalf by that State authority, or

(b) (i) a person was (whether before, on or after the operative date) put into occupation of any premises (being State land) as servant, herdsman or caretaker, and

(ii) that person refuses to quit the premises on demand made by the State authority in whom the premises are for the time being vested or by a person authorised in that behalf by that State authority, or

(c) (i) a person (being then a State servant) was (whether before, on or after the operative date) put, by reason of his being a State servant, into occupation of any premises (being State land), and

(ii) that person has died (whether before, on or after the operative date), and

(iii) any person who is in occupation of the premises (otherwise than with the consent in writing of a State authority) refuses to quit the premises on demand made by the State authority in whom the premises are for the time being vested or by a person authorised in that behalf by that State authority, or

(d) (i) a person was (whether before, on or after the operative date) put into occupation of any premises (being State land) as servant, herdsman or caretaker, and

(ii) that person has died (whether before, on or after the operative date), and

(iii) any person who is in occupation of the premises (otherwise than with the consent in writing of a State authority) refuses to quit the premises on demand made by the State authority in whom the premises are for the time being vested or by a person authorised in that behalf by that State authority,

the District Court may, on the application of the State authority in whom the premises are for the time being vested, issue an order to the proper officer to deliver possession of the premises to any person named in the order, and upon receipt of the order the proper officer shall deliver possession of the premises accordingly, and that State authority shall be entitled to recover from the person so refusing to quit the premises the costs and expenses incurred by that State authority in conjunction with the issuing and execution of the order.

(3) In any proceedings under subsection (2) of this section in relation to any premises a certificate under the official seal of a State authority certifying all or any of the following matters—

(a) that those premises are at the date of the certificate vested in that State authority,

(b) that a specified person was on a specified date in occupation of the premises by reason of his being a State servant,

(c) that a specified person was on a specified date in occupation of the premises as servant, herdsman or caretaker,

(d) that a specified person was on a specified date in occupation of the premises,

(e) that a demand to quit the premises was made on a specified person on a specified date by a person authorised in that behalf by that State authority,

(f) that, on demand being made on a specified person on a specified date by a person authorised in that behalf by that State authority to quit the premises, such specified person refused to quit the premises,

shall be prima facie evidence of such of those matters as are mentioned in the certificate.

(4) Where possession of any premises which are vested in a State authority has been delivered by the proper officer under this section, any person who, without the consent of that State authority, enters on and takes possession of the premises or any part thereof, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and to a further fine not exceeding ten pounds for every day during which he remains in possession.

18.—Moneys due or payable to a State authority by way of former crown rent or rent, rent-charge, royalty or other profits of State land or by way of fees in respect of State land shall have the same priorities as are conferred by subsection (2) of section 38 of the Finance Act, 1924 (No. 27 of 1924), on the moneys to which that subsection applies.

19.—(1) For the purposes of this section—

(a) “property” includes both real and personal property,

(b) references to a gift of property shall be construed as references to a gift of that property by testamentary disposition, deed or otherwise,

(c) references to dealing with property include references to the disposing thereof.

(2) Where a gift of property is made to a State authority—

(a) that State authority may, with the concurrence of the Minister, accept or refuse to accept the gift,

(b) if that State authority accepts the gift, the property shall thereupon vest in that State authority.

(3) Where a gift of property is made to the State, the Nation or the People, or is made in terms indicating that the gift is for the benefit of the State, the Nation or the People,—

(a) the Government may accept or refuse to accept the gift,

(b) if the Government accept the gift, the property shall thereupon vest in such State authority as the Government shall by warrant determine.

(4) Where a gift of property (not being land) was made to the State, the Nation or the People before the operative date and the gift was accepted by or on behalf of the Government, the property shall, on the operative date, stand vested in the Minister.

(5) Where a property vests by virtue of subsection (2), (3) or (4) of this section in a State authority—

(a) the property, if land, shall become and be State land for the purposes of this Act and may, subject to subsection (6) of this section, be dealt with accordingly,

(b) the property, if not land, may, subject to subsection (6) of this section, be dealt with by that State authority in such manner as that State authority thinks proper.

(6) Where any property vests by virtue of subsection (2), (3), or (4) of this section in a State authority and the gift thereof was made subject to conditions, the property shall not be dealt with in a manner inconsistent with those conditions.

20.—Notwithstanding anything contained in any enactment, the Land Commission may, for the purposes of the Land Purchase Acts, purchase, or accept a gratuitous grant of, State land from any State authority.

21.—For the avoidance of doubts, it is hereby declared that the expression “superior interest”, where it occurs in the Land Purchase Acts, shall be construed as including and as having always included any former crown reversion or estate expectant on the determination of an estate tail or a base fee.

22.—The following provisions shall apply in relation to an instrument of title relating to State land—

(a) in case that the instrument of title relates to State land which is vested in one State authority and no more, that State authority shall have custody of it, and

(b) in any other case, the Minister shall have custody of it.

23.—(1) The seal of the Commissioners shall be judicially noticed.

(2) Any contract or instrument which, if entered into or executed by a person (not being a body corporate), would not require to be under seal may be entered into or executed on behalf of the Commissioners by any person generally or specially authorised by the Commissioners in that behalf.

24.—Where on or after the 6th day of December, 1922, and before the operative date a claim in respect of any former crown rent or in respect of any former crown reversion or estate expectant on the determination of an estate tail or a base fee was withdrawn (whether in proceedings under the Land Purchase Acts or otherwise) by the Quit Rent Office in consideration of the payment of any sum, such withdrawal is hereby confirmed and such claim shall cease to be enforceable.

25.—(1) The agreement (in this section referred to as the said agreement) made in the year 1937, between the Minister for Posts and Telegraphs (in this section referred to as the Minister) of the one part and the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin (in this section referred to as the Dublin Corporation) of the other part whereby (inter alia) the Minister agreed to sell and the Dublin Corporation agreed to buy at the price of nine thousand nine hundred and fifty pounds the premises (in this section referred to as the leasehold premises) known as Aldborough House, Dublin, and held, immediately before the 6th day of December, 1922, by the Postmaster General under two indentures of lease, is hereby confirmed.

(2) The Minister, in performance of the said agreement, is hereby authorised and empowered to execute an assignment of the leasehold premises to the Dublin Corporation and such assignment shall operate to vest the leasehold premises in the Corporation.

26.—(1) The several instruments mentioned in the Second Schedule to this Act are hereby confirmed and shall be deemed always to have been valid and good in all respects.

(2) Where—

(a) on or after the 6th day of December, 1922, and before the operative date any land was escheated or was dealt with as bona vacantia, and

(b) the right of the State to such land was waived and a conveyance or assignment of such land or right thereto was executed in favour of any person,

such conveyance or assignment is hereby confirmed and shall be and be deemed always to have been valid and good in all respects.