Commentary on Sections Part 1 – Functions of the Department Section 5 – Compulsory acquisition of land
Section 5 will give the Department compulsory purchase powers to provide or improve access to any land for the purposes of its functions under the Act.  Acquisition may be temporary or permanent and includes an easement or right over land. This will be a useful power for the Department, particularly where timber ready for harvesting is landlocked and no agreement on access to it is possible. The Department will be required to follow the process for vesting in the Local Government Act (NI) 1972, including the serving of a notice of its intention to make a vesting order, the allowing of representation, provision of compensation, and right of appeal to the Lands Tribunal (as contained in Schedule 1).