Number 12 of 1945.
ELECTRICITY (SUPPLY) (AMENDMENT) ACT, 1945.
ARRANGEMENT OF SECTIONS
Preliminary and General.
Section | |
Hydro-Electric Schemes.
Acquisition and Management of Fisheries.
Appointment of ex-officio members of boards of conservators. | |
Compensation.
Particular Powers And Duties of the Board.
Powers and duties where acquired land is subject to a land purchase annuity, etc. | |
Advances to the Board out of the Central Fund.
Miscellaneous.
Amendment of section 3 of the Electricity (Supply) (Amendment) Act, 1931. | |
Restrictions on compulsory acquisition of land held by the Board. |
Acts Referred to | |
No. 27 of 1927 | |
No. 38 of 1934 | |
No. 54 of 1936 | |
No. 4 of 1935 | |
No. 32 of 1925 | |
No. 5 of 1926 | |
No. 32 of 1931 | |
Number 12 of 1945.
ELECTRICITY (SUPPLY) (AMENDMENT) ACT, 1945.
PART I.
Preliminary and General.
Short title, collective citation, and construction.
1.—(1) This Act may be cited as the Electricity (Supply) (Amendment) Act, 1945.
(2) The Electricity (Supply) Acts, 1927 to 1942, and this Act may be cited together as the Electricity (Supply) Acts, 1927 to 1945.
(3) This Act shall be construed as one with the Electricity (Supply) Acts, 1927 to 1942.
Definitions.
2.—In this Act—
the expression “the Minister” means the Minister for Industry and Commerce;
the expression “the Board” means the Electricity Supply Board;
the expression “hydro-electric works” means works for the generation of electricity by means of hydraulic power;
the expressions “generating station”, “transmission system”, and “distribution system” have the same meanings as are given to them respectively by section 1 of the Electricity (Supply) Act, 1927 (No. 27 of 1927), for the purposes of that Act.
Expenses.
3.—The expenses incurred by the Minister in the administration of this Act shall (to such extent as may be sanctioned by the Minister for Finance) be paid out of moneys provided by the Oireachtas.
PART II.
Hydro-Electric Schemes.
Preparation and approval of hydro-electric schemes.
4.—(1) It shall be lawful for the Board, whenever they so think proper, to prepare and submit to the Minister a scheme for the generation of electricity by means of hydraulic power derived from the waters of any specified river impounded and made available for that purpose by means of a dam and other engineering works to be constructed by the Board under this Act.
(2) Whenever a scheme is submitted to the Minister by the Board under this section, the Minister shall consider such scheme and, after consultation with the Minister for Agriculture as to the steps to be taken by the Board for the protection of fisheries, do whichever of the following things he considers proper, that is to say:—
(a) by order approve of such scheme, or
(b) refer such scheme back to the Board for reconsideration and re-submission to him under this section, or
(c) refuse to approve of such scheme.
(3) In this Act—
the expression “approval order” means an order made by the Minister approving of a scheme submitted to him by the Board under this section, and
the expression “approved scheme” means a scheme approved of by the Minister by an approval order and, in the case of any such scheme so approved of with alteration, means such scheme as so approved of.
Amendment of an approved scheme.
5.—(1) Whenever in the course of carrying out an approved scheme it appears to the Board to be necessary that such scheme should be amended in any respect, it shall be lawful for the Board to prepare such amendment of such approved scheme as they shall think proper and to submit such amendment to the Minister.
(2) Whenever an amendment of an approved scheme is submitted to the Minister by the Board under this section, the Minister shall consider such amendment and, after consultation with the Minister for Agriculture, shall do whichever of the following things he considers proper, that is to say:—
(a) by order approve of such amendment, or
(b) refer such amendment back to the Board for reconsideration and resubmission to him under this section, or
(c) refuse to approve of such amendment.
(3) Whenever the Minister approves under this section of an amendment of an approved scheme, such approved scheme shall have effect and be deemed always to have had effect with and subject to such amendment, and accordingly references in this Act to an approved scheme shall, in relation to the said approved scheme, be construed and have effect (wherever the context so permits) as referring to the said approved scheme as so amended.
Execution of approved schemes.
6.—(1) As soon as conveniently may be after the approval by the Minister of an approved scheme, the Board shall execute and carry out such scheme.
(2) For the purpose of carrying out an approved scheme it shall be lawful for the Board to do, in accordance with such scheme (with such additions, omissions, variations, and deviations as shall be found necessary in the course of the work), such of the following things as are, expressly or by implication, provided for by such scheme, that is to say:—
(a) impound, hold up, divert, take, and use the waters of the river to which such approved scheme relates and the waters of any river or stream tributary to, and of any lake, pond, or canal on or connected with, the said river to which such approved scheme relates;
(b) embank, dam, dredge, deepen, widen, straighten, divert, and otherwise alter the river to which such approved scheme relates or any river or stream tributary to that river;
(c) embank, dam, dredge, alter the level of, and otherwise affect any lake, pond, or other water on or connected (directly or indirectly) with the river to which such approved scheme relates;
(d) remove, alter, repair, or reconstruct any sluice, weir, dam, embankment, quay, harbour, landing place, boathouse, or other similar work in the river to which such approved scheme relates or in any river or stream tributary to that river or any lake connected therewith;
(e) construct and maintain sluices, weirs, dams, embankments, and other similar works (including passages for the ascent and descent of fish);
(f) construct and maintain generating stations, transformer stations, and other stations and places for generating, transforming, storing, or otherwise dealing with electricity generated in pursuance of such approved scheme;
(g) purchase, hire, or otherwise provide and maintain machinery, plant, and equipment for all generating stations, transformer stations, and other stations and places constructed under the next preceding paragraph of this subsection;
(h) subject to the provisions of this Act, close, divert, remove, submerge, or otherwise interfere with any public road or bridge;
(i) do any act or thing which may be necessary for or incidental to the doing of anything which the Board is by this subsection authorised to do.
Acquisition of land, etc., by the Board.
7.—(1) For the purpose of carrying out an approved scheme or doing anything which the Board is authorised by the next preceding section to do for that purpose, the Board may do all or any of the following things, that is to say:—
(a) acquire any land either permanently or temporarily and either by agreement or compulsorily;
(b) acquire (either permanently or temporarily and either by agreement or compulsorily) any easement, way-leave, fishery, fishing right, water-right, or other right whatsoever over or in respect of any land or water;
(c) terminate, restrict, or otherwise interfere with (either permanently or temporarily and either by agreement or compulsorily) any easement, way-leave, fishery, fishing right, water-right, or other right whatsoever existing over or in respect of any land or water;
(d) divert, close, remove, submerge, or otherwise interfere with (either permanently or temporarily and either by agreement or compulsorily) any private road, way, or bridge or any canal or other artificial water-way or any artificial watercourse;
(e) interfere with any land either permanently or temporarily and either by agreement or compulsorily.
(2) Whenever, on the completion of the carrying out of an approved scheme, it appears to the Board that any land, easement, way-leave, or other property acquired by the Board under this Act for the purposes of such approved scheme is not required for those purposes, it shall be lawful for the Board to sell, lease, or otherwise dispose of such property.
Entry on land, etc., before conveyance.
8.—(1) At any time after the making of an approval order and before conveyance or ascertainment of price or compensation, the Board may (subject to the subsequent provisions of this section) do any of the following things, that is to say:—
(a) enter on and take possession of any land or exercise any right which the Board is authorised by this Act to acquire for the purpose of carrying out the approved scheme to which such approval order relates;
(b) terminate, restrict, or otherwise interfere with any easement or other property or right which the Board is authorised by this Act to terminate, restrict, or otherwise interfere with for the purpose of carrying out the said approved scheme;
(c) divert, close, remove, submerge, or otherwise interfere with any private road, way, or bridge or any canal or other artificial water-way, or any artificial water course which the Board is authorised by this Act to divert, close, remove, submerge, or otherwise interfere with for the purpose of carrying out the said approved scheme.
(2) Whenever the Board exercises any of the powers conferred on the Board by the foregoing subsection of this section, the Board shall be liable to pay to the occupier of the land or the owner of the easement, right, or other property entered upon, exercised, or interfered with by the exercise of such power, interest on the amount of the price or compensation payable under this Act to such occupier or owner at the rate of three per cent, per annum from the date of such entry, exercise, or interference until payment of such price or compensation.
(3) The Board shall not—
(a) enter on or take possession of any land under this section without giving to the occupier of such land at least one month's or, in the case of an occupied dwellinghouse, three months' previous notice in writing of their intention so to do, or
(b) exercise any easement or other right or interfere with any right or property under this section without giving to the owner of such easement, right, or property at least one month's previous notice in writing of their intention so to do.
(4) A notice under the next preceding subsection of this section may be served on any person by sending such notice by prepaid post in an envelope addressed to such person at his usual or last known address and shall be deemed to have been served on such person at the time at which such envelope would be delivered in the ordinary course of post.
(5) Where, for any reason, the envelope mentioned in the next preceding subsection of this section cannot be addressed in the manner provided by that subsection, such envelope may be addressed to the person for whom it is intended in either or both of the following ways, that is to say:—
(a) by the description “the owner” or “the occupier” (as the case may be) without stating his name,
(b) at the land or the situation of the property to which the notice contained in such envelope relates.
Deposit of maps, plans, etc.
9.—(1) As soon as may be after the making of an approval order and not later than one month before commencing the construction of any particular part of the works required for the purpose of the execution of the approved scheme to which such order relates or commencing to do for that purpose any particular thing which the Board is authorised by this Act to do or for that purpose entering on any land or premises or exercising any right or interfering with any property (corporeal or incorporeal) under this Act, the Board shall cause maps, plans, and books of reference in relation to such particular part of such works or such particular thing or such land, premises, right, or property (as the case may be) to be deposited in accordance with this section.
(2) The maps and plans required by this section to be deposited by the Board in relation to an approved scheme shall be sufficient in quantity and character to show on adequate scales the extent of the works in relation to which they are deposited and also all property, corporeal or incorporeal, proposed to be acquired for the purpose of such works and also every interference (so far as the same can be shown on a drawing) proposed to be made for the said purpose with any property (corporeal or incorporeal) or any public road or bridge.
(3) The books of reference required by this section to be deposited by the Board in relation to an approved scheme shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all land proposed to be acquired or otherwise affected under this Act for the purpose of the works in relation to which they are deposited and of all property, corporeal or incorporeal, (including public roads and bridges)·proposed to be in any way interfered with under this Act for the said purpose.
(4) The maps, plans, and books of reference required by this section to be deposited by the Board in relation to an approved scheme shall be deposited at the head office of the Board in the City of Dublin and at such other places as shall be prescribed by the Minister in the approval order relating to such approved, scheme and shall remain so deposited until the completion of such approved scheme and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays, and bank holidays.
(5) As soon as may be after the deposit of any maps, plans, or books of reference in pursuance of this section, the Board shall give public notice of such deposit by advertisement published twice in each of two or more daily newspapers circulating in the City of Dublin and in such (if any) other newspapers as shall be prescribed by the Minister in the relevant approval order.
(6) Every public notice given by the Board in pursuance of the next preceding subsection of this section shall state that the maps, plans, and books of reference to which such notice relates are open to public inspection in accordance with this section and shall state the times and places at which they are so open to inspection.
Generation and distribution of electricity.
10.—(1) When an approved scheme has been carried out and the hydro-electric works provided for by such scheme have been completed (with such additions, omissions, variations, and deviations as shall have been found necessary in the course of the work), the Board shall generate electricity by means of such works and shall transmit and distribute such electricity to such places and in such manner as shall, in the opinion of the Board, be requisite for making such electricity available for the purposes mentioned in the next following subsection of this section.
(2) The following provisions shall apply and have effect in relation to electricity (in this subsection referred to as the said electricity) generated by the Board in pursuance of the next preceding subsection of this section, that is to say:—
(a) the said electricity shall be used and applied by the Board for all or such one or more (as the Board shall think proper) of the purposes for which electricity (in this subsection referred to as such other electricity) generated by the Board by any other means may lawfully be used or applied by the Board;
(b) the said electricity may be so used and applied in conjunction with, in addition to, or independently of all or any such other electricity;
(c) the Board shall have and may exercise in relation to the said electricity all or any of the powers for the time being vested in the Board in relation to the transmission, distribution, supply, and sale of all or any of such other electricity;
(d) any part or, parts of any transmission system or of any distribution system for the time being owned by the Board for the transmission or distribution (as the case may be) of all or any of such other electricity may be used for the transmission or distribution of the said electricity;
(e) any part or parts of any transmission system or any distribution system constructed by the Board for the transmission or distribution (as the case may be) of the said electricity may be used for the transmission or distribution of such other electricity.
(3) For the purposes of the transmission and distribution of electricity in pursuance of subsection (1) of this section the Board shall have and may exercise all or any of the powers vested in them by the Electricity (Supply) Acts, 1927 to 1942, in relation to the transmission and distribution of electricity generated otherwise than in pursuance of the said subsection (1).
Protection of fisheries.
11.—In the carrying out of an approved scheme it shall not be obligatory on the Board or any contractor employed by the Board to comply with the Fisheries Acts, 1842 to 1944, but the Board shall take and make or, in the case of works executed by a contractor, procure that the contractor shall take and make such precautions and provisions as the Minister for Agriculture may consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the carrying out of such approved scheme, provided that the said Minister shall, in consultation with the Board, satisfy himself that taking such precautions and making such provisions will not cause substantial detriment to the works provided for by such approved scheme or substantial hindrance to or substantial increase in the cost of such works.
Power of Board to prohibit navigation.
12.—(1) The Board may by order, whenever they think it to be necessary for the due carrying out of an approved scheme or the operation of works constructed in pursuance of an approved scheme, prohibit, during such period as they shall consider to be necessary for the purposes of such carrying out or such operation (as the case may be), navigation in or upon the river, or any particular part of the river, to which such approved scheme relates or related.
(2) An order may be made by the Board under the foregoing subsection of this section notwithstanding any enactment declaring the river to which such order relates to be a public navigable river.
(3) Every order made by the Board under this section shall be expressed and shall operate to prohibit the passage of any person with any boat, barge, lighter, or other vessel in or upon the river or the particular part of the river to which such order relates during the period specified in that behalf in such order.
(4) Every person who contravenes any provision of an order made by the Board under 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.
Right of the Board to information from rate books.
13.—(1) Whenever the Board, for the purpose of or in connection with the preparation of a scheme for submission to the Minister under this Act or for the purpose of or in connection with the carrying out of an approved scheme or the exercise of any of the powers or performance of any of the duties conferred or imposed on the Board by this Part of this Act, requires information from a rate book or other similar document, the local authority or other local body having custody of such book or document shall, at the request of the Board—
(a) permit any officer of the Board authorised in that behalf by the Board to inspect free of charge such book or document and to take free of charge a copy of the whole or any part of such book or document, and
(b) furnish to the Board, upon, payment by the Board of such fee as shall be agreed upon by the Board and such local authority or local body or, in default of such agreement, shall be fixed by the Minister for Local Government and Public Health, a copy of such book or document or of any particular part thereof specified in that behalf by the Board.
Exemption of works from rates.
14.—(1) All works executed by the Board in carrying out an approved scheme or for the transmission or distribution of electricity generated by such works shall, while in the exclusive possession and control of the Board, be exempt from assessment for poor rate and also from assessment for any other rate made by a local authority.
(2) In this section the expression “local authority” has the same meaning as is given to it by the Electricity (Supply) Act, 1927 (No. 27 of 1927), as extended by subsection (2) of section 10 of the Electricity (Supply) (Amendment) (No. 2) Act, 1934 (No. 38 of 1934).
(3) Nothing in this section shall apply or have effect in relation to any fishery or fishing right acquired by the Board under or by virtue of this Act.
PART III.
Acquisition and Management of Fisheries.
Acquisition of fisheries and fishing rights.
15.—Whenever application is duly made to the Board either for compensation on account of the termination, restriction, or other interference (whether permanent or temporary) by the Board under this Act of or with a fishery or fishing right or for compensation for injury to a fishery and the Board, after consultation with the Minister for Agriculture, determines that for economic or other reasons it would be more expedient to acquire the fishery or fishing right to which such application relates, the Board shall acquire by agreement or, in default of agreement, compulsorily such fishery or fishing right and such land, way-leaves, and other rights as are, in the opinion of the Board, ancillary to or necessary for the enjoyment of such fishery or fishing right.
Preservation, management, etc., of fisheries by the Board.
16.—(1) Whenever the Board acquires a fishery or fishing right under this Part of this Act or has before the passing of this Act acquired a fishery or fishing right under the Liffey Reservoir Act, 1936 (No. 54 of 1936), the Board may, if they so think fit, preserve such fishery or fishing right, and for that purpose it shall be lawful for the Board to manage and conduct such fishery or fishing right and to do all such things, carry out all such transactions, and fulfil all such functions as shall be necessary or proper for or incidental or ancillary to such preservation, management, and conduct.
(2) Without prejudice to the generality of the powers conferred on the Board by the foregoing subsection of this section, the Board shall, for the purpose of preserving, managing, and conducting a fishery or fishing right in pursuance of the said subsection, have and may exercise the following powers, that is to say:—
(a) the like powers in relation to the acquisition of land and rights over or in respect of land or water, the like powers of interference with land and rights over or in respect of land or water, and the like powers in relation to private roads, ways, and bridges, and artificial water-ways and water-courses as are conferred on them by Part II of this Act for the purpose of carrying out an approved scheme, and
(b) the like powers of closing, diverting, removing, submerging, or otherwise interfering with public roads or bridges as are conferred on them by Part II of this Act for the purpose of carrying out an approved scheme but subject to the provisions contained in this Act in relation to the closing, diverting, removing, submergence of, or other interference with public roads and bridges by the Board, and
(c) power, with the consent of the Minister, to demise by lease or let by way of licence the whole or any part of such fishery or fishing right to such persons, for such period, at such rent, and on such terms and conditions as the Board shall, with the consent aforesaid, think proper.
(3) Section 17 of the Shannon Fisheries Act, 1935 (No. 4 of 1935), shall apply and have effect in respect of moneys received or expended by the Board in the performance of its powers under this section in like manner as it applies and has effect in relation to moneys received or expended by the Board in the performance of the duties mentioned in the said section 17.
Application of the income of the Board from fisheries.
17.—(1) The income of the Board derived from the performance of the duties imposed on the Board by this Act in relation to fisheries and fishing rights acquired by the Board under this Part of this Act or under the Liffey Reservoir Act, 1936 (No. 54 of 1936), after discharging all expenses incurred by the Board in performing those duties and properly chargeable to income, shall be applied to the following purposes in the following order, that is to say:—
(a) payment of all interest payable in the current year or owing in respect of any previous year to the Minister for Finance on advances made under this Act by the said Minister to the Board in respect of the acquisition of such fisheries and fishing rights;
(b) setting aside such sums as the Board, with the approval of the Minister, shall think proper for reserve fund, extension, and other like purposes relating to the performance of the said duties;
(c) payment of all moneys payable in the current year or owing in respect of any previous year to the Minister for Finance on account of the repayment of the said advances;
(d) appropriation for any other purpose which the Board shall think proper.
Compensation to certain fishery employees and others.
18.—(1) Every person who proves to the satisfaction of the Board or of the arbitrator—
(a) that he was engaged by way of trade or otherwise for profit in fishing in the waters of any river or was employed for reward by any person for such fishing or was both so engaged and so employed, and
(b) that he has suffered loss of profits or loss of earnings by reason of any interference by the Board under this Act with the waters of such river or any fishery therein or fishing right thereover,
shall (subject to the subsequent provisions of this section) be entitled to be paid by the Board compensation in respect of his said loss of profits or earnings or profits and earnings, as the case may be.
(2) The compensation payable to any person under this section shall be calculated as follows, that is to say, for every complete open fishing season during which such person was engaged or employed or both engaged and employed as mentioned in the next preceding subsection of this section, such person shall receive a sum equal to four times the average weekly earnings or wage or earnings and wage received by such person in respect of such engagement or employment during the complete open fishing season next before the interference by the Board mentioned in the said subsection but subject to the overriding limitation that such compensation shall not in any case exceed fifty-two times the said average weekly earnings or wage or earnings and wage, as the case may be.
(3) A person shall not be entitled to any compensation under this section where it is shown to the satisfaction of the arbitrator that, by reason of an undertaking by the Board to continue the employment of such person or for any other reason, such person will suffer no loss or diminution of earnings or employment in consequence of the interference by the Board.
(4) The right to and the amount (if any) of compensation under this section shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as if such compensation were the price of land compulsorily acquired.
Appointment of ex-officio members of boards of conservators.
19.—(1) Section 6 of the Fisheries (Ireland) Act, 1848, as amended by section 7 of the Fisheries Act, 1925 (No. 32 of 1925), shall not apply in respect of any fishery acquired by the Board under this Part of this Act, and in lieu of the said section 6 as so amended it is hereby enacted that—
(a) if and so long as the Board is the owner, lessee, or occupier of any such fishery which was, on the 1st day of January, 1931, a several or exclusive fishery within the meaning of the said section 6 the following provision shall apply and have effect, that is to say, whenever, on the date on which the fishery rate for any fishery year is struck by the board of conservators for the fishery district in which such fishery is situate, such fishery is valued under the Valuation Acts at not less than fifty pounds, the Board shall be entitled to nominate one person to be, until the next fishery rate is so struck, an ex-officio member, in respect of such fishery of the board of conservators of the district in which such fishery is situate, and
(b) if and so long as the Board is the owner, lessee, or occupier of two or more such fisheries situate in the same fishery district each of which was, on the 1st day of January, 1931, a several or exclusive fishery within the meaning of the said section 6 the following provisions shall apply and have effect, that is to say, whenever, on the date on which the fishery rate for any fishery year is struck by the board of conservators for the said fishery district, such fisheries are valued under the Valuation Acts at valuations amounting in the aggregate to not less than fifty pounds, the Board shall be entitled to nominate one person to be, until the next fishery rate is so struck, an ex-officio member, in respect of such fisheries, of the board of conservators of the district in which such fisheries are situate.
(2) Where the Board is entitled under the foregoing subsection of this section to nominate two or more ex-officio members of a board of conservators, the following provisions shall have effect, that is to say:—
(a) the Board shall be entitled to nominate such number (whether one or more than one) of ex-officio members of such board of conservators as the Board shall think proper, but not exceeding the total number of such members which the Board is entitled under the said subsection to nominate;
(b) every ex-officio member of such board of conservators so nominated by the Board shall be nominated to represent one or more specified fisheries or groups of fisheries in respect of which the Board is entitled under the said subsection to nominate ex-officio members of such board of conservators, but so that the said ex-officio members so nominated shall between them represent all the fisheries or groups of fisheries in respect of which the Board is entitled as aforesaid to nominate ex-officio members of such board of conservators;
(c) every ex-officio member of such board of conservators so nominated by the Board shall have and may exercise at meetings of such board of conservators a number of votes equal to the number (whether one or more than one) of fisheries or groups of fisheries which he is nominated under the next preceding paragraph of this subsection to represent.
(3) A person nominated under this section to be an ex-officio member of a board of conservators shall, subject and without prejudice to the next preceding subsection of this section, have and may exercise as such member all the rights and privileges which are conferred by section 6 of the Fisheries (Ireland) Act, 1848, on a person who is an ex-officio member of a board of conservators under that section.
Powers of certain officers and servants of the Board.
20.—Every officer or servant of the Board authorised in writing by the Minister for Agriculture to exercise the powers conferred by section 24 of the Fisheries Act, 1925 (No. 32 of 1925), shall have and may exercise all or any of the powers conferred by the said section 24 on an officer or servant of a board of conservators authorised in writing by such board to exercise the powers conferred by that section and for that purpose the said section 24 shall be construed and have effect as if officers and servants of the Board authorised as aforesaid were expressly mentioned therein.
Closing of free gaps in weirs.
21.—(1) The Minister for Agriculture may, if he so thinks proper, at any time by order authorise the Board, for the purpose of acquiring statistical information and the purpose of carrying out scientific investigations or for either of those purposes, to close at such times, during such periods, subject to such conditions, and in such manner as he may specify in such order, the free gap in any specified weir owned by the Board in any river in which the Board has acquired a fishery or fishing right under this Part of this Act.
(2) Whenever the Minister for Agriculture by order under this section authorises the Board to close the free gap in a weir, the following provisions shall apply and have effect, that is to say:—
(a) notwithstanding anything contained in the Fisheries Acts, 1842 to 1944, it shall be lawful for the Board to close such free gap under and in accordance with such order;
(b) section 10 of the Fisheries (Ireland) Act, 1845, shall not apply in respect of any obstruction placed in such free gap by the Board under and in accordance with such order.
Variation of weekly close seasons.
22.—The Minister for Agriculture may by order vary as he shall think proper the weekly close season fixed by section 20 of the Salmon Fishery (Ireland) Act, 1863, in respect of any river in which the Board has acquired a fishery or fishing right under this Part of this Act, but the said Minister shall not by any such order increase any such weekly close season to more than seventy-two hours or reduce any such weekly close season to less than forty-eight hours.
Restriction on number of certain fishing licences.
23.—(1) Whenever the Board acquires a fishery or fishing right under this Part of this Act, the Minister for Agriculture may by order, if he so thinks proper, do the following things, that is to say:—
(a) prescribe the maximum number of licences for fishing with drift nets in the tidal waters (within the meaning of the Fisheries Acts, 1842 to 1944) of the river in which such fishery or fishing right is situate which may be issued in any year in which the open season for such fishing begins after the date of such order;
(b) prescribe the maximum number of licences for fishing with draft nets or seines in the said tidal waters which may be issued in any year in which the open season for such fishing begins after the date of such order;
(c) make regulations in relation to the issue of such licences as are mentioned in either of the foregoing paragraphs of this subsection with a view to securing to persons who held such drift net licences or draft net or seine licences (as the case may be) in the year before the date of such order a preferential right to purchase such drift net licences or draft net or seine licences (as the case may be) before the commencement of any open season for fishing under such licences in respect of which the number of such licences is limited by such order.
(2) Whenever the Minister for Agriculture makes under this section an order prescribing the maximum number of licences of any particular kind which may be issued in respect of the tidal waters of any particular river in any particular open season, the number of such licences issued in respect of such tidal waters in any such open season shall not exceed the maximum number so prescribed.
(3) Nothing in this section shall be construed as in any way affecting the powers of the Minister for Agriculture to make orders or bye-laws under the Fisheries Acts, 1842 to 1944.
(4) Where a person is convicted of an offence under the Fisheries Acts, 1842 to 1944, or this Act, such person shall not be entitled to any preferential right to obtain a licence under this section.
Construction of fishing weirs by the Board.
24.—(1) Whenever the Board acquires under this Part of this Act every fishery (if any) and every fishing right (if any) in a river, the Board may, with the consent of the Minister for Agriculture and notwithstanding anything contained in the Fisheries Acts, 1842 to 1944, construct in such river a fishing weir for the purposes of all or any of the fisheries (if any) and fishing rights (if any) so acquired, and may thereafter maintain the fishing weir so constructed.
(2) Whenever the Board acquires under or by virtue of this Act a fishing weir, the Board may, with the consent of the Minister for Agriculture and notwithstanding anything contained in the Fisheries Acts, 1842 to 1944, do either of the following things, that is to say:—
(a) maintain such fishing weir and, for the purposes of such maintenance, reconstruct or repair such fishing weir, or
(b) construct on the site of such fishing weir or on a different site a new fishing weir in lieu of the fishing weir so acquired and thereafter maintain such new fishing weir.
Prohibition of snap nets.
25.—(1) The Minister for Agriculture, if he so thinks fit on the application of the Board, may by order prohibit the issue of licences under the Fisheries Acts, 1842 to 1944, for fishing with a snap net in the tidal waters (within the meaning of those Acts) of any river in which the Board has acquired a fishery or fishing right under this Part of this Act.
(2) Whenever the Minister for Agriculture has made an order under the foregoing subsection of this section, no licence shall be issued under the Fisheries Acts, 1842 to 1944, in contravention of such order.
PART IV.
Compensation.
Assessment of price or of compensation.
26.—(1) The amount of the price or compensation to be paid by the Board for any land acquired (whether permanently or temporarily) by the Board under this Act to the several persons entitled thereto or having estates or interests therein, or for or in respect of any easement, way-leave, fishery, fishing right, water-right, or other right acquired (whether permanently or temporarily) by the Board under this Act to the owner thereof or to the several persons entitled to or having estates or interests in the land over or in respect of which such right is so acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
(2) The amount of the compensation to be paid by the Board on account of the termination, restriction or other interference (whether permanent or temporary) by the Board under this Act of or with any easement, way-leave, fishery, fishing right, water-right, or other right over or in respect of any land or water or the diversion, closing, submergence, removal, or other interference (whether permanent or temporary) by the Board under this Act of or with any private road, way, or bridge, or any canal, or other artificial water-way or any artificial water-course or the interference (whether permanent or temporary) with any land by the Board under this Act shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired.
(3) Where any price or compensation is being assessed in pursuance of this section in respect of any property, corporeal or incorporeal, which is occupied, used, or enjoyed with or forms part of any other property, regard shall be had to any benefit in the nature of drainage or improvement of water supply which may reasonably be expected to accrue to such other property by reason of any works executed or in the course of execution or about to be executed by the Board under this Act.
(4) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 (as adapted or amended by or under any subsequent Act) shall apply to any price or compensation payable by the Board under this section and to the conveyance to the Board of property, corporeal or incorporeal, acquired by the Board under this Act, and for the purpose of such application the Board shall be deemed to be the promoters of the undertaking.
(5) No action shall lie at law or in equity against the Board or any contractor or any officer or servant of the Board or of any contractor for or on account of any act, matter, or thing in respect of which compensation is payable by virtue of this section.
Time for claims for price or compensation.
27.—(1) All claims for the price of or compensation in respect of any land, easement, right, or other property (whether corporeal or incorporeal) acquired or interfered with by the Board under this Act shall be made within one year after such land, easement, right, or property is first entered on, exercised, or interfered with by the Board under this Act.
(2) The foregoing subsection of this section shall not apply or have effect in relation to claims for compensation in respect of an interference with a fishery or fishing right, and in lieu thereof every such claim shall be made under the next following section and the provisions of that section shall apply and have effect in relation to such claims.
Compensation for injury to a fishery.
28.—(1) Subject and without prejudice to the power of acquiring fisheries and fishing rights given to the Board by Part III of this Act, the Board shall be liable to pay compensation (in this Act referred to as compensation for injury to a fishery) to every person who suffers loss or damage by reason of an injury to a fishery or fishing right owned by him where such injury is caused during the construction or by the operation generally of hydro-electric works constructed by the Board in pursuance of an approved scheme or by any particular mode or course of or negligence in the operation of such works.
(2) Every application for compensation under this section shall be made in writing to the Board within ten years after the injury, in respect of which such compensation is claimed, is alleged to have happened or begun.
(3) No compensation shall be payable under this section—
(a) in respect of an injury to a fishery or fishing right which is acquired by the Board under this Act, or
(b) in respect of an injury in relation to which no application for such compensation is duly made within the time limited in that behalf by the next preceding subsection of this section.
(4) The right to and the amount (if any) of compensation under this section shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired.
(5) No action shall lie at law or in equity against the Board or any contractor or any officer or servant of the Board or of any contractor for or on account of any injury in respect of which either compensation is payable under this section or compensation is expressly declared by this section not to be payable under this section.
Execution of works in lieu of compensation.
29.—(1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done by the Board under this Act, the Board may execute for the benefit of such person such works as the Board shall think proper and such person shall agree to accept in satisfaction or partial satisfaction of his claim for such compensation.
(2) The Board may attach to the execution of any works under this section such terms and conditions (including terms as to the ownership, possession, and control of such works) as shall be agreed upon by the Board and the person for whose benefit the works are so executed.
PART V.
Particular Powers and Duties of the Board.
Construction, etc., of transport works by the Board.
30.—(1) (a) The Minister may, on the application of the Board, make an order (in this section referred to as a transport works order) under this subsection authorising the Board to construct, maintain and operate, for the purposes of the performance by the Board of any of its functions under the Electricity (Supply) Acts, 1927 to 1942, or this Act, the transport works specified therein in such manner, subject to such restrictions and provisions, and on such terms as the Minister thinks proper and specifies in the order;
(b) every application for a transport works order shall be accompanied by a draft of the proposed order, a plan of the proposed transport works and a book of reference to such plan, and such draft, plan and book of reference shall be in such form as the Minister may direct;
(c) where an application is made for a transport works order the Board, if so required by the Minister, shall—
(i) deposit and make available for inspection, in accordance with the directions of the Minister, a copy of the plan and the book of reference which accompanied the application,
(ii) publish, in accordance with the directions of the Minister, such notices as the Minister shall specify in that behalf.
(2) For the purpose of the exercise of the powers conferred on the Board by a transport works order, it shall be lawful for the Board to do all or any of the following things, that is to say:—
(a) acquire (either permanently or temporarily and either by agreement or compulsorily) any land or any easement, way-leave, or other right over or in respect of any land;
(b) terminate, restrict, or otherwise interfere with (either permanently or temporarily and either by agreement or compulsorily) any easement, way-leave, or other right over or in respect of any land;
(c) divert, close, remove, or otherwise interfere with (either permanently or temporarily and either by agreement or compulsorily) any private road, way, or bridge;
(d) subject to the provisions of this Act, close, divert, remove, or otherwise interfere with any public road or bridge.
(3) The following provisions shall have effect in relation to every transport works order—
(a) the order shall contain such provisions as the Minister thinks necessary or expedient for the purposes of the order;
(b) without prejudice to the generality of paragraph (a) of this subsection, the order—
(i) shall specify the manner in which the transport works to which the order relates are to be constructed,
(ii) may contain provisions as to the manner in which the said transport works are to be operated and maintained,
(iii) shall contain provisions limiting the use of the said transport works to purposes relating to the performance by the Board of its functions under the Electricity (Supply) Acts, 1927 to 1942, or this Act and to such other purposes (if any) as may be specified in the order,
(iv) shall contain all such provisions as the Minister thinks proper for the protection of the public generally and any persons affected by the order.
(v) may incorporate any provisions (including penal provisions) contained in any enactment relating to railways, with such adaptations and modifications as the Minister thinks proper,
(vi) may provide for the determination by arbitration of any specified questions arising thereunder,
(vii) may, in relation to the exercise of the powers conferred on the Board by subsection (2) of this section, contain provisions to the like effect as those contained in section 8 of this Act,
(viii) may contain such provisions ancillary or incidental to any of the matters aforesaid as the Minister considers necessary and proper.
(4) The Minister may by order under this subsection amend a transport works order.
(5) Every order under this section shall have statutory effect.
(6) Where the Minister makes a transport works order, he may make regulations (not inconsistent with the order) in relation to the manner in which the transport works to which the order relates are to be maintained and operated, and the Board shall comply with any such regulations.
(7) In this section the expression “transport works” means any works being—
(a) a railway, or
(b) a tramway.
Manufacture of electrical apparatus, etc., by the Board.
31.—(1) Whenever the Minister is of opinion that the then existing or the probable future requirements in the State in respect of any particular class of apparatus, machinery, or equipment for the generation, transmission, distribution, or use of electricity are not being and are not likely to be met sufficiently and efficiently by businesses then lawfully established in the State, the Minister, if he so thinks proper, may, subject to the provisions of this section, authorise the Board to manufacture or arrange for the manufacture of that particular class of such apparatus, machinery, or equipment in accordance with this section.
(2) The following provisions shall apply and have effect in relation to the giving by the Minister to the Board of any such authorisation as is mentioned in the foregoing subsection of this section, that is to say:—
(a) before giving any such authorisation the Minister shall cause notice of his intention to give such authorisation to be published in the Iris Oifigi[html]il and in such other manner as shall appear to the Minister to be calculated to bring his said intention to the knowledge of persons concerned;
(b) every such notice shall state the class of apparatus, machinery, or equipment to which such authorisation is intended to apply and that any person may within a specified time (not being less than thirty days after the publication of such notice in the Iris Oifigi[html]il) send to the Minister in a specified manner an objection (with the grounds therefor) to the giving of such authorisation;
(c) the Minister shall consider every such objection so sent to him within the said specified time;
(d) after the expiration of the said specified time, the Minister may, if he so thinks proper having regard to such objections (if any), give such authorisation either in accordance with his said intention or in such modified form as he shall think proper having regard as aforesaid;
(e) the Minister may attach to any such authorisation such (if any) conditions and restrictions as he shall think proper.
(3) When the Minister has given to the Board an authorisation under this section, the Board may, in accordance with the terms of such authorisation, themselves manufacture and sell the apparatus, machinery, or equipment specified in such authorisation or may arrange for the manufacture and sale thereof by other persons.
(4) Where the Board arranges under this section for the manufacture and sale of apparatus, machinery, or equipment by other persons, the Board, after consultation with the Minister for Finance, may, with the consent of the Minister and subject to such (if any) conditions as he may impose, do all or any of the following things, that is to say:—
(a) promote, either alone or in conjunction with other persons, a limited company (complying with the subsequent provisions of this section) for such manufacture and sale, or
(b) acquire, in whole or in part, any undertaking engaged in such manufacture and sale, or
(c) assist by way of investment, loan, advance, or guarantee any person engaged in such manufacture and sale.
(5) The following provisions shall apply and have effect in relation to every limited company promoted by the Board (either alone or in conjunction with other persons) under this section, that is to say:—
(a) the memorandum and articles of association of such company shall be subject to the approval of the Minister given after consultation with the Minister for Finance;
(b) the said articles of association shall provide that the Board shall be entitled to appoint, from amongst the members and officers of the Board, at least one director of such company;
(c) the accounts of such company shall be submitted annually to the Minister and shall be audited (at the expense of such company) by an auditor approved of by the Minister;
(d) such company shall furnish to the Minister such information in regard to its business as the Minister may from time to time require.
(6) The Board shall be entitled, for the purposes of its functions under this section, to acquire and hold patents and trade marks and to expend moneys on preliminary investigations.
(7) Where the Board itself manufactures and sells apparatus, machinery, or equipment under this section, the Board shall keep separate accounts in respect of such manufacture and sale and shall submit such accounts (when audited) to the Minister together with such other information in respect of such manufacture and sale as the Minister may require.
Purchase and sale of electricity outside the State.
32.—(1) The statutory powers of the Board to buy electricity in bulk and to re-sell it to individual consumers shall extend to and authorise the purchase by the Board of electricity in bulk from persons outside the State and the re-sale of such electricity to consumers within the State.
(2) The statutory powers of the Board to sell electricity in bulk shall extend to and authorise the sale of electricity in bulk to central or local authorities or other persons outside the State and the statutory powers of the Board to sell electricity to individual consumers shall extend to and authorise the sale of electricity by distribution to individual consumers outside the State.
(3) For the purpose of the exercise of all or any of the extended powers vested in the Board by virtue of the foregoing provisions of this section, it shall be lawful for the Board to do all or any of the following things, that is to say:—
(a) to enter into arrangements with central or local authorities and other persons outside the State;
(b) to construct or arrange for the construction of transmission systems and other works wholly or partially outside the State;
(c) to do all such things as shall be incidental or ancillary to the exercise of the said extended powers;
(d) to defray, wholly or partially, the costs and expenses incurred in the exercise of the said extended powers or the doing of anything authorised by this subsection.
Duties of the Board in regard to public roads and bridges.
33.—(1) Where the Board is empowered by this Act to close, divert, submerge, remove, or otherwise interfere with a public road or bridge for the purpose of the execution of any works (whether in pursuance of an approved scheme or otherwise under this Act), the following provisions shall have effect, that is to say:—
(a) where the execution of such works involves the closing of such road or bridge to traffic, the Board (unless relieved therefrom under the next following subsection of this section) shall either, as they shall think proper, construct and (while such road or bridge is so closed to traffic) maintain a temporary road or bridge sufficient to carry traffic of such quantity and character as normally uses the said closed road or bridge, or prescribe, with the consent of the Minister for Local Government and Public Health, an alternative route to be used while such road or bridge is so closed to traffic;
(b) the Board (unless relieved therefrom under the next following subsection of this section) shall, at or before the completion of the execution of such works, do whichever of the following things they shall think proper, that is to say:—
(i) restore the said closed road or bridge, or
(ii) after consultation with the Minister for Local Government and Public Health, construct a new permanent road or bridge sufficient to carry the like amount (in quantity and character) of traffic as the said closed road or bridge was, before its closure, able to carry and not substantially less convenient in gradient and curve than the said closed road or bridge, or
(iii) with the consent of the Minister for Local Government and Public Health, so improve (by reconstruction, strengthening, widening, or otherwise) an existing alternative road or bridge that it will be sufficient to carry the traffic which will be likely to use it and will not be substantially less convenient than the said closed road or bridge;
(c) where the Board constructs a permanent road and such road is, in the opinion of the Minister for Local Government and Public Health, substantially an improvement of a pre-existing road, such local authority or local authorities as the said Minister shall direct shall bear and pay to the Board such portion of the cost of the construction of such road and (in the case of two or more such authorities) in such proportions as the said Minister shall direct;
(d) where the construction of a new road by the Board involves the construction of an embankment or similar work or of a bridge and the Minister for Local Government and Public Health is of opinion that portion of the cost of the maintenance of such work or bridge (other than the road surface) should be borne by the Board, the Board shall bear and pay such portion of the said cost of maintenance as the said Minister shall direct;
(e) where the Board constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district than the original bridge, whether by affording an improved means of communication or otherwise, the Board shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost, in his opinion, ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of road maintenance and shall be paid by such council to the Board;
(f) if any doubt, dispute, or question shall arise as to whether the Board, in the construction or maintenance of any temporary road or bridge or the construction of any permanent road or bridge or the restoration of an existing road or bridge or the improvement of an existing alternative road or bridge (as the case may be) pursuant to this section have complied with the relevant provisions of this section, or as to whether a permanent new bridge constructed by the Board confers substantially greater advantages on the public of any county or urban district than the original bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health whose decision shall be final and conclusive.
(2) Where the Board is empowered by this Act to close, submerge, or remove permanently a public road or bridge for the purpose of the execution of any works (whether in pursuance of an approved scheme or otherwise under this Act) and the Minister, after consultation with the Minister for Local Government and Public Health, is satisfied that, having regard to all the circumstances of the case, a new road or bridge (as the case may be) in lieu of the road or the bridge so closed, submerged, or removed is not required, the Minister may by order declare that the foregoing subsection of this section shall not apply or have effect in relation to such road or bridge (as the case may be), and upon such order being made the said foregoing subsection shall not apply or have effect in relation to such road or bridge (as the case may be) and the Board shall be relieved from all obligations in relation to such road or bridge (as the case may be) which, but for such order, would be imposed on them by the said foregoing subsection.
(3) The Board may agree with the appropriate local authority for the doing by such local authority of anything which the Board is required or authorised by subsection (1) of this section to do and may further agree to make to such local authority payment for or towards the cost of the doing of such thing by such local authority.
(4) When the Board has completed in pursuance of this section the restoration of a closed road or bridge or the construction of a new permanent road or bridge or the improvement of an existing alternative road or bridge, the Board shall hand over to the appropriate local authority and such local authority shall accept the road or bridge so restored, constructed, or improved (as the case may be), and thereupon the Board shall be permanently relieved (save as is otherwise expressly provided by this section) from all liability or responsibility for the maintenance of such road or bridge (as the case may be).
Power of the Board to alter the levels of lakes, etc.
34.—From and after the completion of the works provided for by an approved scheme, it shall be lawful for the Board to control and from time to time to alter or otherwise affect, in such manner as the Board shall consider necessary for or incidental to the operation of those works, the level of any lake, pond, or other water on or connected (directly or indirectly) with the river in or on which such works are situate.
Powers and duties where acquired land is subject to a land purchase annuity, etc.
35.—Whenever the Board acquires permanently under this Act any land which is subject, either alone or in conjunction with other land, to a land purchase annuity, payment in lieu of rent, or other annual sum (not being merely rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the Board shall, as from the date on which the Board enters on and takes possession of the land so acquired—
(a) become and be liable for the payment to the Irish Land Commission or the said Commissioners (as the case may be) of such annual sum, or such portion thereof as shall be apportioned by the Irish Land Commission or the said Commissioners (as the case may be) on such land, as if such land had been transferred to the Board by the owner thereof on that date, and
(b) be entitled, if the Board so thinks fit, to redeem such annual sum or such portion thereof as aforesaid, and
(c) be obliged, if required by the Irish Land Commission or the said Commissioners (as the case may be) so to do, to redeem such annual sum or such portion thereof as aforesaid.
Acquisition of land in lieu of payment of compensation.
36.—Whenever the Board is of opinion that the payment of compensation for the flooding of or other interference with any land under this Act would be uneconomic or for any other reason inexpedient, the Board may acquire such land permanently under this Act either by agreement or compulsorily.
Power of the Board to employ contractors.
37.—(1) Whenever the Board are authorised by this Act to execute any engineering, building, or other work whatsoever, the Board may, in lieu of executing such work themselves by their ( own officers and servants, contract with any person (in this Act referred to as a contractor) for the execution of the whole or any part of such work by such person and may for that purpose enter into such contracts and agreements as may be requisite.
(2) Whenever the Board contract under this section with any person for the execution by him of any work, the Board may, by any contract or agreement with such person, delegate to him the right to execute such work under this Act, and thereupon such person shall have, concurrently with the Board, the right to do such work and to exercise such of the powers conferred on the Board by this Act as are necessary for the purpose of doing such work and are specified in that behalf in such contract or agreement.
(3) References in this Act to the doing of any work or thing by the Board shall be construed and have effect as including the doing of such work or thing by a contractor employed and authorised in that behalf by the Board under this section.
PART VI.
Advances to the Board out of the Central Fund.
Advances to the Board by the Minister for Finance.
38.—(1) In addition to the sums which the Minister for Finance is required or authorised by the Electricity (Supply) Acts, 1927 to 1942, to advance to the Board, the Minister for Finance may, on the recommendation of the Minister, advance to the Board out of the Central Fund or the growing produce thereof as and when requested by the Board so to do such sums (subject to the limitations imposed by the next following subsection of this section) as the Board may require for any purpose arising in the performance of its functions under the Electricity (Supply) Acts, 1927 to 1942, or this Act, other than purposes or functions under this Act in respect of which express provision is made by this Act for advances or grants by the Minister for Finance to the Board.
(2) The total amount of the sums advanced to the Board under the foregoing subsection of this section shall not exceed the sum of seven million, five hundred thousand pounds, and the sum so advanced for the purpose of carrying out any particular approved scheme shall not exceed the sum prescribed in that behalf by the Minister, with the consent of the Minister for Finance, by the approval order relating to that approved scheme or by a subsequent order amending in this respect such approval order.
Provision of money for advances out of the Central Fund.
39.—(1) The Minister for Finance may, for the purpose of providing for the advance of sums out of the Central Fund under this Act or for the repayment to that Fund of all or any part of the sums so advanced or for paying off any securities issued under this section so far as such payment is not otherwise provided for, borrow money by means of the issue of such securities as he thinks proper, and all sums so borrowed shall be paid into the Exchequer.
(2) The principal of and interest on all securities issued under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.
Repayment by the Board of advances out of the Central Fund.
40.—(1) Every sum advanced out of the Central Fund to the Board under this Act (other than sums which are repayable to the Central Fund out of moneys provided by the Oireachtas) shall be repayable by the Board at such times, in such manner, and with interest at such rate as shall be prescribed by the Minister for Finance, and every such sum and the interest thereon shall forthwith become and be a first charge on the works executed by the Board under this Act (including works executed by the Board in pursuance of an approved scheme) and a floating charge on all property of whatsoever kind (other than the said works so executed by the Board) from time to time vested in or owned by the Board.
(2) No floating charge created by the foregoing subsection of this section shall operate to prevent or restrict the alienation or other dealing by the Board of or with any property affected by such floating charge in the due and proper exercise or performance of the statutory powers and duties of the Board.
(3) Every charge (whether specific or floating) created by this section shall be vested in the Minister for Finance and may be enforced by that Minister in due form of law whenever he shall think proper so to do and whether any interest or any capital or instalment of capital secured by such charge is or is not due and unpaid.
(4) All moneys paid by or recovered from the Board in respect of the repayment of the capital of or the payment of the interest on a sum advanced to the Board under this section shall be paid into or disposed of for the benefit of the Exchequer at such time and in such manner as the Minister for Finance shall direct.
PART VII.
Miscellaneous.
Provision of moneys for the electrification of rural areas.
41.—(1) The Minister for Finance may, on the recommendation of the Minister, advance to the Board, as and when requested by the Board so to do, moneys not exceeding the sum of five million pounds for the electrification of rural areas.
(2) All moneys advanced to the Board under the foregoing subsection of this section shall be issued from and paid out of the Central Fund or the growing produce thereof.
(3) One moiety of the total amount of the moneys advanced to the Board under this section by the Minister for Finance shall be repaid to the Central Fund out of moneys provided by the Oireachtas at such time or times as the Minister for Finance shall direct and the other moiety of the said total amount shall be repaid by the Board.
(4) All moneys advanced to the Board by the Minister for Finance under this section shall be expended by the Board in the extension of the supply of electricity to rural areas.
Prohibition of discharge of corrosive matter.
42.—(1) It shall not be lawful for any person, save with the permission in writing of the Board and in accordance with the conditions as to time, place, and manner stated in such permission, to deposit, discharge, or allow to escape, directly or indirectly, from any land, premises, or place or any vessel in or into any river in which or on the banks of which a generating station is being constructed or operated by the Board or in or into any river or stream tributary to such river or in or into any lake or pond or any canal or other artificial water-way or any artificial water-course connected with such river any chemical or other substance (whether solid or liquid) of a nature calculated to corrode, erode, entangle, stop, break, or otherwise injure such generating station or any part thereof or any works subsidiary thereto or connected therewith.
(2) Every person who deposits, discharges, or allows to escape, directly or indirectly, in or into any river, stream, lake, pond, canal, artificial water-way, or artificial water-course any substance in contravention of the foregoing subsection of this section and the owner of the land, premises, or place or the master and also the owner of the vessel from which such substance is so deposited, discharged, or allowed to escape 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, in the case of a continuing offence, a fine not exceeding twenty pounds for every day on which the offence is continued.
(3) It shall be a good defence to a charge of having committed an offence under this section to prove that the deposit, discharge, or allowing to escape which is alleged to constitute the offence took place at a point in the river below the generating station of the Board or in or into water communicating with such river only at a point below such station and that the substance alleged to have been deposited, discharged, or allowed to escape could not, having regard to the direction of flow of the water and the other circumstances, have entered or been carried into the said generating station or any part thereof.
(4) The foregoing provisions of this section shall have effect without prejudice and in addition to and not in substitution for the provisions of the Fisheries Acts, 1842 to 1944, and the provisions of the Oil on Navigable Waters Act, 1926 (No. 5 of 1926).
General power of entry on land by the Board.
43.—(1) The Board and their officers and servants and other persons authorised by the Board in this behalf shall be entitled to enter on any land for the purpose of doing thereon or on any other land all or any of the things which the Board is authorised by this Act to do or making any inquiry, investigation, or examination preliminary to the doing of any such thing.
(2) Any person who shall obstruct, prevent, or interfere with the exercise by the Board or any officer or servant of the Board or any person authorised by the Board of any power conferred on them or him by the foregoing subsection 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 ten pounds.
Protection of postal and telegraphic services.
44.—Neither the Board nor any contractor executing any works under this Act shall by virtue of this Act acquire, enter on, remove, or otherwise interfere with any lands, premises, buildings, works, plant, materials, or other property of the Minister for Posts and Telegraphs or erect any works or do any other matter or thing which, in the opinion of the Minister for Posts and Telegraphs, would obstruct, delay, hinder, or otherwise injuriously affect the due execution of the public services of the Department of Posts and Telegraphs.
Obligation of the Board to furnish reports and statistics.
45.—The report required by section 32 of the Electricity (Supply) Act, 1927 (No. 27 of 1927), to be made by the Board in each year shall extend to and include the proceedings of the Board under this Act during the year to which such report relates, and the obligation to furnish statistics and returns imposed on the Board by the said section 32 shall extend to and include statistics and returns in relation to the proceedings of the Board under this Act.
Electric lines and the laying thereof.
46.—(1) In this section the expression “the Act of 1927” means the Electricity (Supply) Act, 1927 (No. 27 of 1927).
(2) The expression “electric line” wherever it occurs in the Act of 1927 shall be construed and have effect and be deemed always to have had effect as meaning a wire or wires, conductor, or other means used for the purpose of conveying, transmitting, or distributing electricity and as including any transforming or other apparatus connected with any such wire or wires, conductor, or other means, and as including also any casing, coating, covering, tube, pipe, or insulator surrounding any such wire or wires, conductor, or other means or any such apparatus, and as including also any post, pole, stay, erection, or structure supporting any one or more of the things hereinbefore mentioned.
(3) The word “lines” wherever it occurs in subsection (1) of section 51 of the Act of 1927 shall be construed and have effect and be deemed always to have had effect as meaning electric lines as defined in the next preceding subsection of this section.
(4) The following provisions shall apply and have effect in relation to the notice required by subsection (3) of section 53 of the Act of 1927 to be served on the owner and the occupier of land or a building, that is to say:—
(a) any such notice may, in lieu of being served personally on such owner or such occupier (as the case may be), be served on him by sending such notice by prepaid post in an envelope addressed to such owner or occupier (as the case may be) at his usual or last known address; and when so sent such notice shall be deemed to be served at the time when such envelope would be delivered in the ordinary course of post;
(b) where for any reason the envelope mentioned in the next preceding paragraph of this subsection cannot be addressed in the manner provided by that paragraph, such envelope may be addressed to the person for whom it is intended in either or both of the following ways, that is to say:—
(i) by the description “the owner” or “the occupier” (as the case may be) without stating his name,
(ii) at the land or building to which the notice contained in such envelope relates.
(5) The period of fourteen days mentioned in subsections (4) and (5) of section 53 of the Act of 1927 is hereby reduced to seven days, and for that purpose the words “seven days” are hereby substituted for the words “fourteen days” wherever the latter words occur in either of the said subsections.
Amendment of section 3 of the Electricity (Supply) (Amendment) Act, 1931.
47.—So much of subsection (1) of section 3 of the Electricity (Supply) (Amendment) Act, 1931 (No. 32 of 1931), as requires that sums advanced under that section shall be advanced only on the certificate of the Minister for Industry and Commerce is hereby repealed and in lieu thereof it is hereby enacted that sums advanced under the said section shall be advanced on the recommendation of the Minister for Industry and Commerce.
Restrictions on compulsory acquisition of land held by the Board.
48.—Notwithstanding anything contained in any enactment, no person shall, without the previous consent of the Minister, acquire compulsorily any land or premises held by the Board or acquire, terminate, restrict or otherwise interfere with compulsorily any easement, wayleave or other right whatsoever over or in respect of any such land.