Dáil Éireann debate -
Tuesday, 27 Nov 2001

Vol. 545 No. 1

Written Answers. - Land Sale.

Tom Enright

Question:

148 Mr. Enright asked the Minister for Agriculture, Food and Rural Development the reason a person who is subdividing land by selling in excess of one hectare of his property has to apply for Land Commission consent to subdivision; if the Minister has the power to refuse such a consent to subdivision under section 12 of the Land Act, 1984; if the Minister has such power to refuse consent, the grounds on which he has power to refuse such consent; if there has been any such refusal to Land Commission consent to subdivision under section 12 of the Land Act, 1984 in the past five years; and if an application for consent under section 12 is a formality and an unnecessary procedure. [29605/01]

Minister for Agriculture, Food and Rural Development (Mr. Walsh):

Provisions for the control of letting, subletting and subdivision of agricultural holdings are laid down in section 3 of the Land Act, 1927, section 6 of the Land Act, 1946, and section 12 of the Land Act, 1965. Consent to letting, subletting, and subdivision was formerly granted by the Land Commission and is now granted by the Minister, pursuant to the Land Commission (Dissolution) Act, 1992.

The owner of an agricultural holding is required to apply in writing to the Minister for consent if the holding being let, sublet or subdivided is greater than one hectare in size. The only ground for refusal of consent is laid out in section 12(2) of the Land Act, 1965, which states, "The power of the Land Commission to withhold their consent under this section shall be exercised solely to prevent the creation or continuance of holdings which, in the opinion of the Land Commission, are not economic holdings".

There is no record in my Department of any application by a landowner for consent to let sublet or subdivide his-her agricultural holding being refused over the past five years.

Applications for consent under section 12 have become a formality except for those landowners who have outstanding land purchase-land reclamation annuities.