New Powers to Compulsory Acquire Land
Section 5 and Schedule 1 of the Forestry Act (NI) 2010, which became law in September 2010, provide the Department with a power to compulsorily acquire land.
This is not a power to compulsorily acquire land to plant trees. The power is limited to providing or improving access to any land to help with the Department’s functions. These could include freeing up landlocked timber, providing access for tourism, a biodiversity project or wind-farm development.
Our first step will be to seek agreement with the landowner. The Department will only consider using the compulsory acquisition power as a last resort and -
- where there is no access through the Department’s own land
- where there is a public interest
- after the Department has made reasonable but unsuccessful attempts to obtain agreement with the landowner
- after the Department has without success explored reasonable alternatives such as agreement to an easement or right of way, either on a temporary or permanent basis
After exhausting reasonable options to obtain agreement, the Department may compulsory acquire land for access purposes. However, in exercising that power, the Department must act in a reasonable and proportionate way, and ensure that it complies with Human Rights and other legal requirements.
We have provided a link to the Forestry Act. You will see that Schedule 1 attracts the vesting law in Schedule 6 of the Local Government Act (NI) 1972. You will have to read both pieces of legislation together if you want to understand the vesting process, and important aspects, including:
- a right of appeal
- duty of the Department to publish a notice of intention to acquire land compulsorily
- landowner’s right to make representation
- local inquiry of representations by Planning Appeals Commission (PAC) or any other person
- consideration of PAC report on inquiry
- department’s consideration of report before making a decision to make a vesting order
- duty of Department to publish a notice of vesting order
- landowner’s right to question vesting order in High Court
- duty of Department to serve on each interested party a copy of any vesting order that goes ahead
- compensation
- landowner’s right to take disputes on compensation to the Lands Tribunal
We hope that this information provides a useful overview of the new power.
If you have any questions about compulsory acquisition powers we will be happy to help.
Please contact:
Michael McCann on 028 90520891, email michael.mccann@dardni.gov.uk
or
Marion Magill on 028 90524293, email marion.magill@dardni.gov.uk
