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38 1934

ELECTRICITY (SUPPLY) (AMENDMENT) (NO, 2) ACT, 1934

PART III.

Amendment of the Electricity (Supply) Act, 1927 .

Amendment of section 45 of the Principal Act.

17. —(1) Sub-section (5) of section 45 of the Principal Act is hereby amended by the insertion at the end of paragraph (b) thereof of the words “or with this section,” and the said sub-section shall be construed and have effect accordingly.

(2) Whenever the Board has made a special order under section 45 of the Principal Act, the Board may before conveyance or ascertainment of price or compensation (but subject to giving not less than one month's or, in the case of an occupied dwelling house, three months' previous notice in writing to the occupier of the lands or the owner of the easement or other right intended to be acquired under or affected by such order) enter on and take possession of any lands or exercise any right which is the subject of such special order.

(3) Whenever the Board under this section enters on and takes possession of any lands or exercises any right (as the case may be) before payment of the price or compensation, the Board shall pay to the occupier of the lands or owner of the easement or other right affected (as the case may be) interest on the amount of such price or compensation when fixed at the rate of four pounds per cent. per annum from the date of such entry or taking possession or the exercise of such right (as the case may be) until the date of the conveyance from such occupier or owner to the Board.

Amendment of First Schedule to the Principal Act.

18. —(1) Paragraph 8 of the First Schedule to the Principal Act is hereby amended by the insertion of the words “or in either of the opposing forces during the civil strife in the years 1922, 1923, 1924, or was interned or imprisoned in consequence of such service” after the words “Air Force,” and section 61 of that Act and the said First Schedule shall be construed and have effect accordingly.

(2) This section shall have and be deemed to have had effect as from the commencement of the Principal Act.

Prohibition of building under transmission wires.

19. —(1) Whenever the Minister is satisfied, on the application of the Board, that the erection of buildings or of a particular class or particular classes of buildings under or within a particular distance of any particular transmission wires involves risk of injury to the public or to such buildings or the occupiers thereof and that the removal of such transmission wires to another site would involve unreasonable expense or substantial technical difficulty, the Minister may, if he so thinks fit, by order (in this Act referred to as a building prohibition order) prohibit the erection of any building whatsoever or any building of a specified class or specified classes under or within a specified distance of the said transmission wires.

(2) The Minister may, if he so thinks proper, at any time by order amend or revoke a building prohibition order on the application of the Board or of any person whose land is affected by such building prohibition order.

(3) Whenever the Minister proposes to make a building prohibition order or an order amending or revoking a building prohibition order, the Minister shall publish, in such manner as he shall consider most suitable in the circumstances, notice of his intention to consider the making of such order and of the time and manner in which objections to and representations in respect of such order may be sent to him.

(4) Whenever the Minister proposes to make a building prohibition order or an order amending or revoking a building prohibition order, the Minister may, if he so thinks fit, cause a public inquiry to be held in regard to the making of such order.

(5) No building prohibition order shall operate to make unlawful the completion of any building the erection of which was begun before the date on which such order was made, and no order amending a building prohibition order shall operate to make unlawful the completion of any building the erection of which was lawfully begun before the date on which such amending order was made.

(6) If any doubt, question, or dispute shall arise as to whether the erection of a building was or was not begun, within the meaning of the next preceding sub-section of this section, before the date on which any particular order was made under this section, such doubt, question, or dispute shall be determined by the Minister and his determination thereof shall be final and conclusive,

(7) Every person who shall erect or begin or attempt to erect any building in contravention of a building prohibition order shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds together with a further fine not exceeding ten pounds for every day during which such building or any part thereof remains so erected.

(8) The provisions contained in the Second Schedule to this Act shall have effect in respect of every public inquiry which the Minister shall cause to be held in pursuance of this section.

(9) Every building prohibition order and every order under this section amending or revoking a building prohibition order shall be published in the Iris Oifigiúil as soon as conveniently may be after it is made.

(10) In this section the expression “transmission wires” means wires or lines carrying electricity above the ground and forming part of the transmission system or of the distribution system.

Notice of intention to erect building.

20. —(1) No person shall erect or construct or begin to erect or construct any building or structure of which any part is within or projects over or will, when such building or structure is completed, be within or project over the relevant area of any transmission wire unless he has, at least two months before beginning such erection or construction, given to the Board notice in writing stating his intention to erect or construct such building or structure and stating all relevant particulars of such building or structure.

(2) Every person who erects or constructs or begins to erect or construct any building or structure in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with a further fine not exceeding one pound for every day during which such building or structure or any part thereof continues to be within or to project over the relevant area of any transmission wire.

(3) In this section the expression “relevant area of any transmission wire” means the area within twenty-five yards on either side of the straight line joining the centres of the bases of any two consecutive posts, pillars, or other erections supporting such transmission wire, and the expression “transmission wire” means a wire or line carrying electricity above ground and forming part of the transmission system or of the distribution system.

Certain payments by the Board.

21. —(1) Whenever any local authority which was an authorised undertaker whose undertaking was acquired by the Board under the Principal Act has refused to pay to any person who was at any time employed by such local authority for the purposes of such undertaking or to the personal representative of any such person the whole or any part of any salary, wages, or remuneration which such local authority might lawfully have paid under sub-section (1) of section 7 of the Local Government Act, 1933 (No. 5 of 1933), the Board may, subject to the provisions of the said section 7 (so far as those provisions are applicable) and of this section, pay to any such person or personal representative the whole or any part (as the case may require) of any of such salary, wages or remuneration.

(2) The following provisions shall have effect for the purposes of the foregoing sub-section of this section, that is to say:—

(a) payment may be made to a person under that sub-section whether he is or is not, at the time of making such payment, an officer or servant of the Board;

(b) every doubt, question, or dispute which shall arise in the carrying of this section into effect shall be determined by the Minister whose determination thereof shall be final.

(3) Every local authority which was an authorised undertaker whose undertaking was acquired by the Board under the Principal Act shall, when requested so to do by the Board, furnish to the Board all information in the possession, power, or procurement of such local authority in relation to every person to whom such payment might lawfully have been made by such local authority under the said sub-section (1) of section 7 of the Local Government Act, 1933 (No. 5 of 1933)