Gas Act 1976

2. Acquisition of Land or Right over Land by Ministerial Order

1. General

1.1 The Gas Act, 1976, came into force on the 13th September, 1976, by virtue of the Gas Act, 1976, (Establishment Day) Order, 1976, (S.I. No. 209 of 1976).

1.2 On the establishment day, Bord Gais Eireann (The Irish Gas Board), referred to in the Act as “the Board”, was established, as a body corporate with perpetual succession and with power to hold and dispose of land or rights over land.

1.3 Powers of “the Board” under the Act

The board may acquire compulsorily or otherwise, any land or right over land for the performance or implementation of the various functions of the Board, its main functions being to develop and maintain a system for the supply of natural gas.

2. Acquisition of Land or Right over Land by Ministerial Order

2.1 General Under section 32 of the 1976 Act, the Board may apply to the appropriate Minister, who at present is the Minister for Public Enterprise, for an order to acquire compulsorily any land or right over land.

Where such an order is made in relation to land, the order vests in the Board, without any further assurance, the estate or interest specified in the Order in such land free from all rights (including any public right other than a public right of way) charges, burdens, or other incumbrances or interests and from the claims of all persons other than:

(a) in case the land is subject to a State Annuity and is vested by the order in the Board in fee simple, that State Annuity.

(b) such burdens (if any) as are specified in the order.

Where such an order is made in relation to a right over land other than a public right of way, the order shall operate (subject to any restrictions and provisions specified by the Minister) to grant or transfer to the Board the right, or interest in such a right, specified in the order, free from all claims and all other rights of any persons who are interested in that interest.

Finally, where an order is made in relation to a public right of way, the order shall operate to extinguish the public right of way.

The Minister may by order amend an acquisition order (section 32(9) of the Gas Act).

Where unregistered land is acquired registration is compulsory under section 23(1)(b) of the Registration of Title Act, 1964.

2.2 Registration

(i) On lodgement of a copy order with map or plan attached thereto as part of the order, under the official seal of the appropriate Minister, vesting an estate or interest in land in the Board, the Board is to be registered as owner of the land on the appropriate register maintained under the Registration of Title Act, 1964, having regard to the terms of the vesting made. Registration should be made in the name “Bord Gais Eireann”.

Any burdens on registered land so vested as are not reserved by the order are to be cancelled in respect of the lands vested.

The date of registration is the date of the making of the order by the Minister.

Registration shall be made subject to:

(a) the prohibition note under section 12 of the Land Act, 1965, (if applicable).

(b) a note that “the property is subject to any State annuity which may be payable in respect of the property whether alone or in conjunction with other property to the Land Commission or Commissioners of Public Words in Ireland, as the case may be”.

In the event of evidence being produced that the land purchase annuity has been redeemed the above note can be modified.

(d) such other burden as may be specified in the order.

(ii) On lodgement of an order granting a right over land to the Board or if an order vesting land in the Board contains a grant of such a right care should be taken in the assessment of the right granted. The only rights so far granted to the board pursuant to an Acquisition Order and lodged in the Registry have been in the nature of wayleaves for the purposes of constructing and maintaining a natural gas pipeline. Wayleaves such as these are, pursuant to section 43 of the Gas Act, 1976, burdens to which section 72 of the Registration of Title Act, 1964, applies. Mapping Branch should be requested to confirm that the wayleave affects the Folio referred to in the Order. However as the wayleave is a Section 72 burden, it should not be mapped onto the Registry Map.

The Registrar has agreed with the Board to enter a notice of the existence of such a burden in the following form:

“The property is subject to a wayleave in favour of Bord Gais Eireann pursuant to section 43 of the Gas Act, 1976.”

Notice need not be served on the registered owners of folios in such cases or on the owners of charges or burdens.

A memorial should be filed in the Registry of Deeds in respect of unregistered land acquired.

Notice of lodgement of the Acquisition Order should be sent where necessary to the Land Commission and Commissioners of Public Works in form set out at the end of this P.D.

3. Deeds of Easement

More usually wayleaves are granted to the Board by deed of grant from the registered owner. These wayleaves, being section 72 (Registration of Title Act, 1964) burdens, are to be dealt with as in paragraph (ii) of Chapter 2.2 supra. The consent of the registered owner to the registration should be contained in the deed or lodged separately.

4. Cautions

The Board may lodge applications for cautions usually based on written agreements from registered owners of lands to grant wayleaves to the Board. Such applications are to be set up and passed to Mapping Branch for confirmation that the right, which it is sought to protect, actually affects the folio disclosed in the application. Again, the extent of the wayleave itself is not to be mapped onto the Registry Map. Registration of the caution should be made as follows:

“No registration under a disposition by or transmission from the registered owner of the part of the property shown on the map attached to Instrument No. is to be made except after notice to The Secretary, Bord Gais Eireann.”

The usual notice should be served on the registered owner.

If an order is made granting a right which is a section 72 burden pursuant to section 43 of the Gas Act, 1976, a caution is not to be registered in respect of said right. The Solicitors are to be informed that, on lodgement of the copy order under the seal of the Minister, the agreed notice of the burden can be entered on the folio in question (see Chapter 2.2 (ii) supra).

5. Fees

Appropriate Land Registry fees are payable on application made by the Board having regard to the Land Registration Fees Order in operation at the time of lodgement.

Catherine Treacy

Registrar of Titles

21 April 1998

John O’Shea

Deputy Registrar

Updated 11th November 2019

Appendix 1

Dealing No: …………………………

Lands of: …………………………….

Area: …………………….hectares Barony: …………….

County: ……………………………… Folio: ……………….

Collection Number: ………………

Record Number: …………………. Estate of: ………….

NOTICE

THE GAS ACT 1976

Take notice that an acquisition order has been lodged in the Land Registry whereby the above lands have become vested in Bord Gais Eireann under the above Act. The date of said acquisition order is …………………. If replying to this notice, please quote the above Dealing Number. Property Registration Authority

Dated: …………………….

The Secretary

Irish Land Commission Commissioners of Public Works.