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41 1934

AGRICULTURAL PRODUCE (CEREALS) ACT, 1934

PART IX.

Grain Warehousing and Grain Drying by the State.

Commencement of Part IX.

84. —This Part of this Act shall come into operation on such day as may be fixed by order of the Minister for Agriculture.

Definition in relation to Part IX.

85. —In this Part of this Act—

the expression “the Minister” means the Minister for Agriculture.

Prosecution of offences under Part IX.

86. —An offence under any section contained in this Part of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

Information from owners of grain stores and grain kilns.

87. —(1) The Minister may serve notice in writing on the owner of any grain store or grain kiln requiring such owner to furnish to him within twenty-eight days after the service of such notice such particulars in relation to such store or kiln (as the case may be) as may be specified in such notice.

(2) If any person on whom a notice is served under this section refuses or neglects to furnish the particulars required by such notice, or furnishes any such particulars which are false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(3) A notice under this section may be served by delivering it to the person to whom it is addressed or by sending it by registered post to the person to whom it is addressed at his last known place of abode.

Inspection of grain stores and grain kilns.

88. —(1) An inspector of the Minister of Agriculture may, upon giving to the owner of a grain store or grain kiln at least one month's notice in writing by registered letter addressed to him at his last known place of abode, enter upon the land on which such store or kiln is situate and inspect such store or kiln.

(2) If any person obstructs any inspector in the exercise of the powers conferred on him by this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

Compulsory acquisition of grain stores and grain kilns.

89. —(1) Subject to the provisions of this section the Minister may, with the consent of the Minister for Finance, acquire compulsorily for the purposes of this Part of this Act any land together with every right of way, water right or other easement used and enjoyed in connection therewith.

(2) For the purpose of the acquisition of land under this section the Lands Clauses Acts shall be incorporated with this Act subject to the following modifications, that is to say:—

(a) the provisions relating to the sale of superfluous land and access to the special Act and section 133 (which relates to land tax and poor's rate) of the Lands Clauses Consolidation Act, 1845, shall not be incorporated with this Act, and

(b) in the construction of this Act and the incorporated Acts, this Act shall be deemed to be the special Act and the Minister for Agriculture shall be deemed to be the promoter of the undertaking, and

(c) the bond required by section 85 of the Lands Clauses Consolidation Act, 1845, shall be under the seal of the Minister and shall be sufficient without the addition of the sureties mentioned in that section.

(3) Land which is subject to a land purchase annuity or the subject of a land purchase agreement or vested or in course of being vested in the Irish Land Commission shall not be acquired under this section without the consent of the Irish Land Commission.

(4) The Minister shall not acquire under this section any land held or occupied by a local authority or any body corporate for the purposes of any railway, tramway, dock, canal, water, gas, electricity, or other public undertaking.

Acquisition of land by agreement.

90. —The Minister may, with the consent of the Minister for Finance, by agreement acquire or take on lease any land for the purposes of this Part of this Act.

Erection of grain stores and grain kilns.

91. —The Minister may erect on any land acquired by him under this Part of this Act a grain store or a grain kiln.

Warehousing and drying of cereals by the Minister.

92. —The Minister may carry on the business of warehousing cereals or the business of drying cereals on any land acquired by him under this Part of this Act and for that purpose may do all such acts and things as he may consider necessary for the carrying on of such business as a commercial undertaking.

Sale and leasing of land.

93. —(1) The Minister may, with the consent of the Minister for Finance, sell any land acquired by him under this Part of this Act and also the good will and stock in trade and other assets of any business carried on by him on such land in pursuance of this Part of this Act at such price as he may think proper.

(2) The Minister may, with the consent of the Minister for Finance, lease at such rent as he may think proper any land acquired by him under this Part of this Act.

(3) Any moneys received on a sale or under a lease made under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Supplemental financial provisions in relation to Part IX.

94. —All moneys (other than moneys provided by the Oireachtas) received by the Minister in respect of any business carried on by him under this Part of this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

Reports by the Minister under Part IX.

95. —The Minister shall as soon as may be after the end of every financial year during which this Part of this Act is in force, prepare and lay before each House of the Oireachtas a report of his proceedings under this Part of this Act during such financial year.