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New Towns Act (Northern Ireland) 1965

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4Power to acquire land.N.I.

(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 [1948 c.28] 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 [F1 district council] or of any statutory undertakers within the meaning of the said Act of 1948, or is declared to be inalienable.

F2[(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 [1971 c.17] .]

F1SRO (NI) 1973/285

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