(Cavan): The effect of this section is to make the existing provisions of section 19 of the Forestry Act, 1946, which deals with the extinguishment of easements on land acquired for forestry purposes, apply also to lands acquired for purposes of the Wildlife Bill. The procedure is broadly similar to that which operates in the case of creation of rights of way under section 60. In other words, we took powers under the previous section to create rights of way but here we are taking them to extinguish rights of way.
SECTION 61.
Question proposed: "That section 61 stand part of the Bill."
Only in relation to your own land, is it not?
(Cavan): It states:
Where any land held by the Minister for the purposes of this Act, or partly for those purposes and partly for the purposes of the Act of 1946, is subject to any easements, the Minister may apply to the Lay Commissioners for an extinguishment order extinguishing such easements or any one or more of them.
In other words, if I have land and somebody has a right of way over it and it is not possible for me to carry out functions of conservation which I want to carry out because of that right of way over it, I can apply to have that right of way extinguished. The owner of the right of way will have the right to object to it in the ordinary way and will have the right to compensation.
Are there any cases where people have rights of way over the Minister's land?
(Cavan): I am told there are very few. All the land I have at the moment was acquired on a voluntary basis. We are very slow to acquire land subject to rights of way.
This section will refer to a very small number of cases where the Minister would be extinguishing a right of way.
There are easements other than rights of way.
Such as?
(Cavan): They do not come into my head at the moment. There could be rights of turbary and rights of water.
Question put and agreed to.