NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 4 Power to acquire land.

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NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 4

Power to acquire land.

4.(1) Where an order is made under section 1 designating an area as the site
of a proposed new town, the Ministry shall have power to acquire (either by
agreement or compulsorily in accordance with the following provisions of this
section) any land within any portion of that area which has been distinguished
under paragraph 1(b) of Part I of Schedule 1 as land that is proposed to be
acquired by the Ministry.

(2) Where the Ministry in exercise of the power conferred by subsection (1)
desires to acquire any land otherwise than by agreement, the Ministry may make
an order (in this section referred to as a "vesting order") vesting that land
in the Ministry.

(3) Schedule 5 to the Roads Act (Northern Ireland) 1948 shall, subject to the
modifications thereof specified in Schedule 2, apply for the purposes of the
acquisition of land by means of a vesting order made under this section in the
same manner as it applies to the acquisition of land by the Ministry within
the meaning of that Act by means of a vesting order made under that Act.

(4) In any enquiry with respect to proposals for the compulsory acquisition of
land under this section, the objections to which consideration shall be given
shall include objections taken with respect to the location, severance or
separation of individual holdings of land, to special features relating to
such holdings and to any other local or individual aspect of the proposed
acquisition, but shall not include any objections which question the
expediency in the interests of Northern Ireland, as recognised and sanctioned
by Parliament in approving the order made under section 1, of creating the
proposed new town in the area designated in that order, nor shall they include
any objection directed solely to the amount of compensation payable by law in
respect of the acquisition.

(5) The powers conferred on the Ministry by the foregoing provisions of this
section may be exercised notwithstanding that the land the subject of such
exercise is the property of a [district council] or of any statutory
undertakers within the meaning of the said Act of 1948, or is declared to be
inalienable.

[(6) Nothing in this section shall authorise the Ministry to acquire, without
the consent of the Ministry of Finance, any land on or in which there is, to
the knowledge of the Ministry, any historic monument or archaeological object.

(7) In subsection (6), "historic monument" and "archaeological object" have
the same meanings as in the Historic Monuments Act (Northern Ireland) 1971.]

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Northern Irish Legislation

NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 4