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PUBLIC HEALTH ACTS AMENDMENT ACT 1907 - SECT 95

Restrictions on use of appropriated lands.

95. ... [A district council] shall not, on any lands ... appropriated, create
or permit any nuisance; and ... the local authority shall not, on any such
lands, ... construct any cemetery, burial ground, destructor, ... unless,
after local inquiry and consideration of any objections made by persons
affected, the Local Government Board for Ireland, subject to such conditions
as they think fit, authorise the work or construction.

Nothing in this section shall affect any rights acquired before
the commencement of this section under any judgment or order of a court of
competent jurisdiction, or under any agreement in writing, but if a dispute,
one of the parties to which is a local authority, arises under such an
agreement as to any such right, the dispute shall, if either party so require,
be settled by the Local Government Board for Ireland as if it were a doubt or
difference within the meaning of section two hundred and seventy-seven of the
Public Health (Ireland) Act, 1878, and the Local Government Board for Ireland
may for that purpose deal by Order with any matters which may be dealt with by
an Order or Provisional Order under the said section.$$#


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