Forestry Act 1967

Acquisition and disposal of land

39 Power of Minister to acquire and dispose of land.

(1) Subject to the provisions of this Act, the Minister may acquire (by purchase, lease or exchange) land which in his opinion is suitable for afforestation or for purposes connected with forestry, together with any other land which must necessarily be acquired therewith, and may place any land acquired by him under this section at the disposal of the Commissioners.

(2) The Minister may—

(a) sell any land acquired by him under this section which in his opinion is not needed, or ought not to be used, for the purpose of afforestation or any purpose connected with forestry, or exchange any such land for other land more suitable for either of the said purposes and pay or receive money for equality of exchange ;

(b) in the case of land so acquired in Scotland, sell it if he is satisfied that the sale—

(i) is desirable in the interests of rational land management; and

(ii) would facilitate the discharge by the Commissioners of any of their functions.

(3) The Minister shall have power, in the case of land acquired by him under this section.—

(a) to manage and use the land for such purposes as he thinks fit (this power to include that of erecting buildings and other works on the land) where it as not for the time being placed at the disposal of the Commissioners under subsection (1) above; and

(b) to let the land, or grant any interest or right in or over it.

(4) The two foregoing subsections are without prejudice to the powers of the Minister under section 90 of the [1947 c. 48.] Agriculture Act 1947 (which provides general powers of management and disposal in the case of land belonging to the Minister in England and Wales).

(5) Any instrument in connection with the management of, disposal of land in Scotland acquired by the Minister under this section and for the time being placed at the disposal of the Commissioners shall, without prejudice to any other method of execution, be deemed to be validly executed by him if it is executed on his behalf by an officer of the Commissioners authorised by him for the purpose; and any instrument so executed shall, for the purposes of section 1(8) and (9) of the [1939 c. 20.] Reorganisation of Offices (Scotland) Act 1939, be deemed to have been executed by an officer of the Secretary of State duly authorised by him.

(6) Schedule 4 to this Act shall have effect as respects the procedure applicable where the Minister acquires land under this section, except in a case of compulsory purchase in accordance with the following section.

40 Compulsory purchase of land.

(1) Subject to the provisions of this section, the power of the Minister to acquire land by purchase under section 39 above includes a power of compulsory purchase.

(2) The following descriptions of land shall not be subject to compulsory purchase under this Act:—

(a) land which is the site of an ancient monument or other object of archaeological interest;

(b) land which forms part of a park, garden or pleasure ground or which forms part of the home farm attached to, and usually occupied with, a mansion house or is otherwise required for the amenity or convenience of a dwelling-house;

(c) land which is the property of a local authority, that is to say.—

(i) in England or Wales, the council of a county, county borough, county district or rural parish, the Common Council of the City of London or the council of a London borough ; and

(ii) in Scotland, a county, town or district council;

(d) land which has been acquired for the purpose of their undertaking by statutory undertakers, that is to say persons authorised by an enactment, or by an order or scheme made under an enactment, to Construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, electricity, water or other public undertaking.

(3) Land shall not be subject to compulsory purchase under this Act if a forestry dedication covenant or agreement is in force with respect to it and it is being used and managed in accordance with the provisions and conditions of a plan of operations approved by the Commissioners; and—

(a) any question arising under this subsection whether there has been a breach of any of the provisions and conditions of a plan of operations shall be referred for determination as follows, that is to say—

(i) in a case relating to England and Wales, by an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors; and

(ii) in a case relating to Scotland, by an arbiter appointed by the Chairman of the Scottish Committee of the said Institution ; and

(b) such a breach shall not be treated as having occurred by virtue of any act or omission capable of remedy unless there has been default in remedying it within a reasonable time after notice given by the Commissioners requiring it to be remedied.

(4) Land belonging to the National Trust may be compulsorily purchased under this Act notwithstanding that it is held inalienably by the Trust.

(5) The Minister's power of compulsory purchase under this Act shall be exercisable by means of a compulsory purchase order, and—

(a) the order shall be made in accordance with Part I of Schedule 5 to this Act;

(b) Part II of that Schedule shall apply with respect to the validity and date of operation of the order; and

(c) Part III of that Schedule shall apply with respect to the procedure for acquiring land by compulsory purchase.

(6) If the said power of compulsory purchase is exercised in relation to land in respect of which an advance by way of grant has been made by the Commissioners—

(a) under section 4 of this Act; or

(b) under section 3(3) of the [1919 c. 58.] Forestry Act 1919 at any time after the 26th March 1945,

not being in either case an advance made more than thirty years before the date of the service of the notice to treat in the exercise of that power, the amount of the compensation for the compulsory purchase shall be reduced by the amount of the advance with compound interest thereon (calculated from the date of the advance to the date on which the compensation is paid) at the rate of £3 per cent. per annum with yearly rests:

Provided that, in the case of compensation for the compulsory" purchase of one of several interests in such land, the amount of the reduction in the case of each interest purchased shall be equal to a part of the advance and interest proportionate to the value of that interest as compared with the value of the land.