Commentary on Sections Part 9 - General Section 123 – Enforcement in relation to the Crown
Subsections (1) and (2) provide that the Crown in Northern Ireland will not be criminally liable to any contravention of the Act’s provisions but allows the High Court to declare any act of the Crown in contravention of the Act’s provisions unlawful, upon application by the Department.
Subsection (3) limits powers of entry to Crown land by requiring the consent of an appropriate authority to be obtained before the powers of entry can be exercised. Subsection (4) defines the term ‘the appropriate authority’ in relation to any land. Subsection (5) provides for the Department of Finance and Personnel or the Treasury, as appropriate, to determine any question which arises as to who is the appropriate authority in relation to any land and the determination is final.