Forestry Act 1967

Changes over time for: Section 39

Version Superseded: 01/04/2019

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Point in time view as at 01/04/2013. This version of this provision has been superseded.

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39 Power of Minister to acquire and dispose of land. E+W+S

(1)Subject to the provisions of this Act, the Minister [F1as regards [F2England or Wales], and the Scottish Ministers as regards Scotland] may acquire (by purchase, lease or exchange) land which in his [F3or their] 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 [F4or them] under this section at the disposal of the [F5appropriate forestry authority].

[F6(2)Subject to subsection (2A) below, the Minister [F7and the Scottish Ministers] may dispose for any purpose of land acquired by him [F8or them] under this section.

(2A)Subsection (2) above shall not apply in relation to land acquired under this section which is in the Forest of Dean; but the Minister may sell any such land if in his opinion it is not needed, or ought not to be used, for the purpose of afforestation or any purpose connected with forestry, and may exchange any such land for other land more suitable for either of the said purposes and may pay or receive money for equality of exchange.]

(3)The Minister [F9and the Scottish Ministers] shall have power, in the case of land acquired by him [F10or them] under this section,—

(a)to manage and use the land for such purposes as he thinks [F11or they think] fit (this power to include that of erecting buildings and other works on the land) where it is not for the time being placed at the disposal of the [F5appropriate forestry authority] under subsection (1) above; and

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

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

[F13(5) Any instrument in connection with the management or disposal of land in Scotland acquired by the Minister under this section and for the time being placed at the disposal of the [F5 appropriate forestry authority ] 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 [F5 appropriate forestry authority ] authorised by him for the purpose; and any instrument so executed shall, for the purposes of section 1(8) and (9) of the M1 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 [F14or the Scottish Ministers acquire] land under this section, except in a case of compulsory purchase in accordance with the following section.

Textual Amendments

F1Words in s. 39(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(28)(a)

F2Words in s. 39(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 74(2) (with Sch. 7)

F3Words in s. 39(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(28)(b)

F4Words in s. 39(1) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(28)(c)

F5Words in s. 39(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 74(3) (with Sch. 7)

F6S. 39(2)(2A) substituted for s. 39(2) by Forestry Act 1981 (c. 39, SIF 54), s. 1

F7Words in s. 39(2) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(29)(a)

F8Words in s. 39(2) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(29)(b)

F9Words in s. 39(3) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(30)(a)

F10Words in s. 39(3) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(30)(b)

F11Words in s. 39(3)(a) inserted (1.7.1999) by S.I. 1999/1747, art. 3, Sch. 12 Pt. II para. 4(30)(c)