Forestry Act 1967

39Power 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.