Number 3 of 1986
CANALS ACT, 1986
ARRANGEMENT OF SECTIONS
Section | |
Continuance of certain rights of Board and enjoyment of certain rights by Commissioners. | |
Amendment of Midland Great Western Railway of Ireland Act, 1894. | |
Land not transferred by this Act
Provisions relating to compulsory acquisition
Repeal of enactments
Acts Referred to | |
(other than Acts Referred to in Third Schedule) | |
Acquisition of Land (Assessment of Compensation) Act, 1919 | 9 and 10 Geo. 5, c. 57 |
1956, No. 45 | |
1967, No. 12 | |
Finance Act, 1895 | 58 and 59 Vict., c. 16 |
1959, No. 14 | |
Lands Clauses Consolidation Act, 1845 | 8 and 9 Vict., c. 18 |
1946, No. 24 | |
1955, No. 9 | |
1974, No. 6 | |
Petty Sessions (Ireland) Act, 1851 | 14 and 15 Vict., c. 93 |
Public Offices Fees Act, 1879 | 42 and 43 Vict., c. 58 |
1947, No. 44 | |
Superannuation Acts, 1834 to 1963 | |
1976, No. 22 | |
Number 3 of 1986
CANALS ACT, 1986
Interpretation.
1.—(1) In this Act—
“the Board” means Córas Iompair Éireann;
“boat” includes any barge, vessel or other water-craft;
“the canals” means the Grand Canal and the Royal Canal and includes any other waterways of the canal undertaking vested in the Board immediately before the vesting day;
“the canal undertaking” means the canal undertaking operated by the Board immediately before the vesting day;
“canal property” means the property transferred by this Act;
“the Commissioners” means the Commissioners of Public Works in Ireland;
“common interest property” means any property which, immediately before the vesting day, was occupied by the Board and was used by the Board for the purposes of the operation of both the railway of the Board and the canals;
“land” includes any land covered by water;
“the Minister” means the Minister for Communications;
“the railway property” means the property of the Board used solely for the purposes of the railway of the Board which adjoins the canal property;
“the vesting day” means the day appointed under section 20 to be the vesting day.
(2) A reference in this Act to a section or Schedule is to a section of or Schedule to this Act, unless it is indicated that reference to some other enactment is intended.
(3) A reference in this Act to a subsection or paragraph is to a subsection or paragraph of the section in which it occurs, unless it is indicated that a reference to some other provision is intended.
(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.
Transfer to Commissioners of canal undertaking.
2.—(1) On the vesting day—
(a) the whole of the canal undertaking including all property (including choses-in-action), assets, powers, rights, licences, privileges and liabilities held, enjoyed or incurred by the Board in connection therewith or appertaining thereto shall by virtue of this section but subject where necessary to transfer in the books of any bank, corporation or company be transferred to the Commissioners, and
(b) all the land of the canal undertaking (other than the land described in the First Schedule) shall by virtue of this section vest in the Commissioners for all the estate, right, title and interest of the Board.
(2) Subject to the provisions of this Act, the Commissioners may, on and after the vesting day, enjoy, exercise and enforce all the rights, powers and privileges aforesaid and shall be subject to all the liabilities aforesaid, and, accordingly, every debt and other liability in relation to the canal undertaking which, immediately before the vesting day, is owing and unpaid or has been incurred and is undischarged by the Board shall, on the vesting day, become and be the debt or liability of the Commissioners and shall be paid or discharged by and may be recovered from and enforced against the Commissioners accordingly.
(3) (a) Every contract made by the Board in relation to the canal undertaking which is in force immediately before the vesting day shall continue in force on and after the vesting day as if it had been made by the Commissioners and shall be construed and have effect and be enforceable by or against the Commissioners accordingly.
(b) Every licence given by the Board in relation to the canal undertaking which is in force immediately before the vesting day shall continue in force on and after the vesting day as if it had been given by the Commissioners and shall be construed and have effect and be enforceable by or against the Commissioners accordingly.
(c) Every other document granted or made by the Board in relation to the canal undertaking which is in force immediately before the vesting day shall continue in force on and after the vesting day as if it had been granted or made by the Commissioners and shall be construed and have effect and be enforceable by or against the Commissioners accordingly.
(4) Every chose-in-action transferred by this section may, on or after the vesting day, be sued upon, recovered or enforced by the Commissioners in their own name and it shall not be necessary for the Commissioners to give notice to the person bound by any such chose-in-action of the transfer effected by this section.
(5) Where, immediately before the vesting day, any legal proceedings in relation to the canal undertaking are pending to which the Board is a party, the name of the Commissioners shall be substituted in the proceedings for that of the Board and the proceedings shall not abate by reason of such substitution.
(6) References to the Board contained, immediately before the vesting day, in any statute or statutory instrument (within the meaning of the Statutory Instruments Act, 1947) or in the memorandum or articles of association of any company shall, insofar as they relate to
anything transferred by this section, be construed on and after the vesting day as references to the Commissioners.
(7) Section 12 of the Finance Act, 1895, shall not apply to the vesting of any property or rights under this section.
(8) Nothing in this section shall cause the Commissioners to be regarded as a canal undertaker or a canal company for the purposes of this or any other enactment.
Transfer of staff.
3.—(1) Such persons employed by the Board immediately before the vesting day in connection with the canal undertaking as are designated by the Board, after consultation with the Commissioners, shall, on the vesting day, become and be officers or servants, as the case may be, of the Commissioners.
(2) (a) A person to whom subsection (1) applies shall on the vesting day enjoy conditions of service not less beneficial in aggregate than the conditions of service to which he was subject immediately before the vesting day having regard to—
(i) any adjustment to the scale of pay by reference to which such person was remunerated or the conditions relating to the grant of pensions, gratuities and other allowances on retirement or death to which he was subject immediately before the vesting day, and
(ii) any compensation given to such person in respect of becoming an officer or servant as the case may be of the Commissioners.
(b) Where a disagreement arises on or after the vesting day as to the amount of compensation (if any) given to a person to whom subsection (1) applies in respect of becoming an officer or servant as the case may be of the Commissioners, such disagreement shall be referred to the Labour Court which shall determine the amount of the compensation (if any).
(3) The period of service with the Board in a pensionable capacity of any person to whom subsection (1) applies shall be reckonable for the purposes of—
(a) the Superannuation Acts, 1834 to 1963, and the Superannuation and Pensions Act, 1976,
or
(b) the non-contributory pension scheme for persons holding unestablished positions (within the meaning of the Civil Service Commissioners Act, 1956),
as appropriate, as if such service had been service within the meaning of those Acts and shall not be reckonable for the purposes of any other superannuation entitlement or benefit, pension or gratuity payable upon death or retirement or provided by the Board for so long as that person remains in the service of the Commissioners.
(4) On the vesting day, the trustees of any superannuation scheme of the Board of which any person transferred under subsection (1) is a member shall transfer to the Minister for Finance all securities and moneys held under the scheme on behalf of or in relation to that person.
Transfer of documents.
4.—(1) The Board shall, as soon as may be after the vesting day, give to the Commissioners—
(a) all documents of title, records, books, maps, plans, drawings and other documents held by the Board on the vesting day relating exclusively to the canal property, and
(b) certified copies of all documents of title, records, books, maps, plans, drawings and other documents held by the Board on the vesting day and relating to both the canal property and property of the Board.
(2) The Board shall permit the Commissioners, their servants or agents to inspect the documents referred to in subsection (1) (b) at the offices of the Board at Heuston Station, Dublin, or at any other office of the Board at which such documents are normally kept, at all times when those offices are open for business.
(3) The Board shall on the vesting day deposit in the Department of Communications maps signed by an officer of the Board authorised in that behalf by the Board and an officer of the Commissioners authorised in that behalf by the Commissioners, bearing thereon the words “Deposited under the Canals Act, 1986” and showing in accordance with the First Schedule the land not transferred under section 2 and described in paragraphs 3, 4 and 5 of that Schedule.
(4) In subsection (1) “certified copy”, in relation to a document, means a copy which has been duly certified as being a true copy of that document by an officer of the Board authorised in that behalf by the Board.
General duty of Commissioners and of Board.
5.—(1) Subject to subsection (2), on and after the vesting day, it shall be the duty of the Commissioners to undertake the care, management and maintenance of the canals and other canal property as a public amenity for use by the public for navigation in such parts of the canals as are open to navigation from time to time or fishing or otherwise for the enjoyment and recreation of the public and the Commissioners may designate particular parts of the canals and other canal property for particular purposes including purposes incidental to such purposes as aforesaid.
(2) The Commissioners shall consult with the Minister for Tourism, Fisheries and Forestry in relation to any matters which affect or could affect fish, fish life, fish stocks or fishing in the canals.
(3) It shall be the duty of the Board and the Commissioners to undertake the care, management and maintenance of common interest property while such property is under the control of the Board or under the control of the Commissioners.
Powers of Commissioners.
6.—The Commissioners shall have all such powers as are necessary for the performance of their functions under this Act and shall without prejudice to the generality of the foregoing, have power to undertake the care, management, control, maintenance, repair, improvement and development of the canals and other canal property and to—
(a) draw any water necessary for the purposes of the canals from any source whatsoever from which the Board was entitled to draw such water before the vesting day, whether by virtue of any enactment or otherwise;
(b) dredge, widen, deepen, alter the course of or otherwise improve the canals or improve the supply of water for the canals and for that purpose to dredge, widen or deepen any stream, river, drain or channel carrying any such water supply and replace or repair any pipe carrying any such supply;
(c) construct, alter, underpin or improve any lock, quay, harbour, drydock, weir, fishpass, slipway, pumping station, building, towpath, bridge, aqueduct, embankment, culvert or road (other than a public road within the meaning of the Local Government (Roads and Motorways) Act, 1974) on, over or beside the canals;
(d) acquire and dispose of any land or any easement or other right over land and may, if necessary, in accordance with the Second Schedule, acquire compulsorily any land or any easement or other right over land;
(e) alter the water levels of the canals without prejudice to the right of the Board or any other person to receive water from the canals;
(f) close to navigation any part of a canal not required for navigation and reopen and declare navigable any part of a canal previously closed to navigation;
(g) lease or let to any person canal property and license the use of the canals and canal water by any person.
Power of Commissioners to make bye-laws.
7.—(1) On and after the vesting day the Commissioners may make bye-laws for the care, management, maintenance and control and the regulation of the use of the canals and other canal property and, without prejudice to the generality of the foregoing, in relation to any one or more of the following matters:
(a) the regulation of the conditions (including conditions as to safety) under which boats may be used on the canals;
(b) the closing to navigation of any part of the canals;
(c) the opening to navigation of any part of the canals not open to navigation;
(d) the alteration of water levels of the canals;
(e) the regulation of bathing in the canals;
(f) the regulation of fishing in the canals (other than matters in respect of which the Minister for Tourism, Fisheries and Forestry may make bye-laws under section 9 of the Fisheries (Consolidation) Act, 1959);
(g) the prevention of damage to the canals or other canal property;
(h) the removal from the canals or other canal property of any boat or thing which is or may become a danger to life, navigation or fish stocks or would otherwise interfere with the proper use of the canals or other canal property;
(i) the charging and fixing of fees, tolls and charges in respect of the use by boats of the canals (including the use of locks on the canals and mooring on the canals) and the taking of water from the canals.
(2) Bye-laws under this section may contain all such incidental, subsidiary and ancillary provisions as the Commissioners consider necessary or expedient for the purposes of the bye-laws.
(3) A person who contravenes a bye-law under this section shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000 (together with, in the case of a continuing contravention, a fine not exceeding £100 for every day on which the contravention is continued and not exceeding in total an amount which, when added to any other fine under this paragraph in relation to the contravention concerned, equals £1,000) or to imprisonment for any term not exceeding six months or, at the discretion of the court, to both such fine or fines and such imprisonment, or
(b) on conviction on indictment, to a fine not exceeding £5,000 (together with, in the case of a continuing contravention, a fine not exceeding £500 for every day on which the contravention is continued) or to imprisonment for any term not exceeding two years or, at the discretion of the court, to both such fine or fines and such imprisonment.
(4) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which subsection (3) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (3) (a) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.
(5) Where an offence to which subsection (3) relates is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.
(6) (a) The Commissioners may bring proceedings for a summary offence under this section.
(b) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence to which subsection (3) relates may be instituted within 12 months from the date of the offence.
(7) Every bye-law made by the Commissioners under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next twenty-one days on which such House has sat after the bye-law is laid before it annulling such bye-law, such bye-law shall be annulled accordingly, but without prejudice to the validity of anything previously done under such bye-law.
Division of costs in respect of certain works.
8.—(1) Where the Board carries out work which benefits the property of the Commissioners and the carrying out of which is reasonably necessary for the care, management, control, maintenance, repair, improvement or development of the railway property, the Commissioners shall pay to the Board such sum as is reasonable having regard to the cost of the work carried out and the nature and extent of the benefit conferred on the property of the Commissioners by such work.
(2) Where the Commissioners carry out work which benefits the property of the Board and the carrying out of which is reasonably necessary for the care, management, control, maintenance, repair, improvement or development of the canal property, the Board shall pay to the Commissioners such sum as is reasonable having regard to the cost of the work carried out and the nature and extent of the benefit conferred on the property of the Board by such work.
Facilitation of certain works.
9.—(1) The Board shall afford to the Commissioners, their servants or agents all such facilities on or in relation to the railway property as may be reasonably required by the Commissioners for the care, management, control, maintenance, repair, improvement or development of any part of the canal property adjoining the railway property.
(2) The Commissioners shall afford to the Board, its servants or agents all such facilities on or in relation to the canal property as may be reasonably required by the Board for the care, management, control, maintenance, repair, improvement or development of any part of the railway property.
(3) Where the Commissioners are facilitated by the Board under subsection (1), and in consequence the Board suffers any loss or incurs any expenditure, the Commissioners shall pay to the Board an amount equal to the amount of the loss or expenditure.
(4) Where the Board is facilitated by the Commissioners under subsection (2), and in consequence the Commissioners suffer any loss or incur any expenditure, the Board shall pay to the Commissioners an amount equal to the amount of the loss or expenditure.
Facilitation of certain works by local authorities, etc.
10.—The Commissioners may temporarily—
(a) close to navigation any part of the canals, and
(b) alter the water level of any part of the canals,
to enable a local authority or other person to carry out, with the consent of the Commissioners, any works which may be necessary on or near the canal property:
Provided that nothing in this section shall affect—
(i) the rights of the Board under section 9 (2) or 12 (1) or
(ii) any agreement existing on the vesting day making provision for the supply of water from the canals.
Rights of entry and rights of way.
11.—(1) (a) Subject to paragraphs (b) and (c), where on or after the vesting day it is necessary to do so for the purposes of carrying out work in relation to the care, management, control, maintenance, repair, improvement or development of the railway property, the Board may by its servants or agents enter onto the canal property and, if it is necessary to do so for the purposes of carrying out any such work, occupy and otherwise make use of the canal property.
(b) Before exercising any powers under paragraph (a) (for a purpose other than the carrying out of work which is urgently required), the Board shall give to the Commissioners notice of its intention to make such entry and the Commissioners may specify conditions in relation to such exercise (being conditions that are reasonable).
(c) After exercising any powers under paragraph (a) for the purpose of carrying out work which was urgently required the Board shall, as soon as may be, inform the Commissioners.
(2) (a) Subject to paragraph (b), where on or after the vesting day it is necessary to do so for the purposes of carrying out work in relation to the care, management, control, maintenance, repair, improvement or development of the canal property, the Commissioners may by their servants or agents enter onto the railway property and, if it is necessary to do so for the purposes of carrying out any such work, occupy and otherwise make use of the railway property.
(b) Before exercising any powers under paragraph (a), the Commissioners shall give to the Board notice of their intention to make such entry and the Board may specify conditions in relation to such exercise (being conditions that are reasonable).
(3) Any conditions specified under subsection (1) (b) by the Commissioners shall be complied with by the Board and any conditions specified under subsection (2) (b) by the Board shall be complied with by the Commissioners.
(4) Where the Commissioners suffer any loss or incur any expenditure in consequence of the exercise by the Board of the powers conferred on it by subsection (1) (a), the Board shall pay to the Commissioners an amount equal to the amount of the loss or expenditure.
(5) Where the Board suffers any loss or incurs any expenditure in consequence of the exercise by the Commissioners of the powers conferred on them by subsection 2 (a), the Commissioners shall pay to the Board an amount equal to the amount of the loss or expenditure.
(6) (a) Subject to paragraphs (b), (c) and (d), where on or after the vesting day it is necessary to do so for the purposes of inspecting and surveying the canal property and any adjoining land (other than land to which subsection (2) relates), the Commissioners may by their servants or agents enter onto that land and carry out the necessary inspection and survey and do all things ancillary to or reasonably necessary for those purposes.
(b) Before exercising any powers under paragraph (a), the Commissioners shall give to the owner or occupier of the land onto which the entry is intended to be made not less than fourteen days' notice in writing of the intention to make the entry and of the purposes for which the entry is intended to be made.
(c) A person to whom a notice of intention to enter on land has been given under this subsection may, not later than fourteen days after the giving of such notice, apply, on notice to the Commissioners, to the Justice of the District Court having jurisdiction in the district court district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the Justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.
(d) Where a Justice of the District Court prohibits under this subsection a proposed entry onto the land, it shall not be lawful for any person to enter under paragraph (a) onto the land, and where a Justice of the District Court specifies under this subsection conditions to be observed by persons entering onto land, every person who enters onto land under the said paragraph (a) shall observe the conditions so specified.
(7) (a) Subject to paragraphs (b) and (c), where on or after the vesting day it is necessary to do so for the purposes of carrying out work which is urgently required in relation to the care, management, control, maintenance or repair of canal property the Commissioners may by their servants or agents enter onto any land (other than land to which subsection (2) relates) and, if it is necessary to do so for the purposes of carrying out any such work, occupy and otherwise make use of that land.
(b) The Commissioners shall endeavour to give notice to the owner or occupier of the land onto which entry is urgently required and, where it is not possible to do so, the Commissioners shall, as soon as may be after exercising any powers under paragraph (a), inform the owner or occupier of that land of the exercise of the said powers and the purposes for which such powers were exercised.
(c) Where the owner or occupier of the land affected by the exercise by the Commissioners of any powers under paragraph (a) suffers any loss or incurs any expenditure in consequence of the exercise of the said powers, the Commissioners shall pay to him an amount equal to the amount of the loss or expenditure.
Continuance of certain rights of Board and enjoyment of certain rights by Commissioners.
12.—(1) The Board shall continue to enjoy on and after the vesting day the same rights that it enjoyed immediately before the vesting day to—
(a) the use of any pipes, drains, wires, cables, poles or pylons above, on or under land transferred by this Act and used for the purposes of drainage, sewerage or the supply of water, electricity or gas or other services and the use of any such land for any of those purposes, and
(b) supplies of water from the canals:
provided that the Commissioners shall retain such supplies as may be necessary for navigation and the fulfilment of any obligations arising out of any agreements existing on the vesting day making provision for the supply of water from the canals.
(2) The Commissioners shall enjoy on and after the vesting day the same rights as the Board enjoyed before the vesting day to the use of any pipes, drains, wires, cables, poles or pylons above, on or under the railway property for the purposes of drainage, sewerage or the supply of water, electricity, gas or other services and the use of any such land for any of those purposes.
Power to remove difficulties.
13.—(1) If in any respect any difficulty arises in bringing into operation this Act, the Minister may by order do anything which appears to be necessary or expedient for bringing this Act into operation, and such order may modify the provisions of this Act or any other enactment so far as may appear necessary or expedient for carrying the order into effect.
(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next twenty-one days on which such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.
(3) No order shall be made under this section after the expiration of three years after the vesting day.
Amendment of Midland Great Western Railway of Ireland Act, 1894.
14.—The Midland Great Western Railway of Ireland Act, 1894, is hereby amended with effect from the vesting day—
(a) by the substitution in section 21 of the words “required within the functional districts of the sanitary authority” for the words “for the said town of Mullingar and such buildings contiguous thereto as may require the said supply” and by the substitution of the words “in such quantities as may be agreed from time to time with the Commissioners of Public Works in Ireland” for the words “not exceeding five hundred thousand gallons in every twenty-four hours”;
(b) by the substitution of the following section for section 23:
“Definition of sanitary authority.
23.—The words ‘sanitary authority’ in sections 21 and 22 of this Act shall mean the council of the county of Westmeath.”.
Amendment of Local Government Act, 1946.
15.—The Local Government Act, 1946, is hereby amended with effect from the vesting day—
(a) by the substitution of the following paragraphs for paragraph (c) of subsection (2) of section 47:
“(c) in case the bridge order relates to a bridge or viaduct over or a tunnel under a railway, the Minister for Communications, and
(d) in case the bridge order relates to a bridge or viaduct over or a tunnel under the Grand Canal or the Royal Canal, the Commissioners of Public Works in Ireland and the Minister for Communications, and
(e) in case the bridge order relates to a bridge or viaduct over or a tunnel under navigable water (including a canal other than a canal referred to in paragraph (d) of this subsection), the Minister for Communications.”,
(b) by the substitution of the following subsection for subsection (4) of section 48:
“(4) The Minister shall not make a bridge order relating to a bridge or viaduct over or a tunnel under—
(a) a railway, save with the consent of the Minister for Communications;
(b) the Grand Canal or the Royal Canal, save with the consent of the Commissioners of Public Works in Ireland and the Minister for Communications;
(c) navigable water (including a canal other than a canal referred to in paragraph (b) of this subsection), save with the consent of the Minister for Communications.”.
(c) by the substitution of the following subsections for subsection (2) of section 57 (inserted by the Local Government Act, 1955):
“(2) Where by virtue of this section the bridge order applies to Córas Iompair Éireann, the Minister shall not by virtue of this section do either of the following things save with the consent of the Minister for Communications, that is to say:
(a) amend under subsection (3) of section 53 of this Act a provision of the bridge order requiring a contribution to be made to or by Córas Iompair Éireann;
(b) make an order under subsection (1A) or subsection (2) of section 55 of this Act transferring to Córas Iompair Éireann any powers or duties of a road authority.
(3) Where by virtue of this section the bridge order applies to the Commissioners of Public Works in Ireland, the Minister shall not by virtue of this section do either of the following things save with the consent of the said Commissioners, that is to say:
(a) amend under subsection (3) of section 53 of this Act a provision of the bridge order requiring a contribution to be made to or by the said Commissioners;
(b) make an order under subsection (1A) or subsection (2) of section 55 of this Act transferring to the said Commissioners any powers or duties of a road authority.”, and
(d) by the substitution of the following section for section 60:
“General restriction as respects railway, navigable waters, etc.
60.—A road authority shall not construct or reconstruct a bridge or viaduct over or a tunnel under—
(a) a railway, unless they do so under this Part of this Act or with the consent of the Minister for Communications,
(b) the Grand Canal or the Royal Canal, unless they do so under this Part of this Act or with the consent of the Commissioners of Public Works in Ireland and the Minister for Communications, or
(c) navigable water (including a canal other than a canal referred to in paragraph (b) of this section), unless they do so under this Part of this Act or with the consent of the Minister for Communications.”.
Transfer of canal bridges.
16.—(1) The Commissioners and the road authority within whose functional area a bridge over any of the canals is situate may enter into an agreement for the transfer of the bridge and the obligation to maintain it to that road authority, and may carry such agreement into effect.
(2) The functions of a road authority under subsection (1) shall be a reserved function for the purposes of the enactments relating to that authority.
Collection and disposal of moneys payable under Act.
17.—(1) All fees and other moneys payable to the Commissioners under this Act shall be collected and taken in such manner as the Minister for Finance may from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.
(2) The Public Offices Fees Act, 1879, shall not apply in respect of fees mentioned in subsection (1).
Repeals.
18.—The enactments set out in the second column of the Third Schedule are hereby repealed with effect from the vesting day to the extent specified in the third column of that Schedule opposite the mention of the enactment in the said second column.
Expenses.
19.—The expenses incurred by the Commissioners 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.
Vesting day.
20.—The Minister shall by order appoint a day to be the vesting day for the purposes of this Act.
Short title.
21.—This Act may be cited as the Canals Act, 1986.
FIRST SCHEDULE
Land not Transferred by this Act
1. The premises known as numbers 11 and 12 Bell Bank, James's Street Harbour, in the city of Dublin.
2. The premises known as number 18 Rialto Bridge, South Circular Road, in the city of Dublin.
3. So much of the area adjacent to Ringsend Basin in the city of Dublin as is shown in red on the map numbered “1” and deposited under section 4.
4. So much of the area known as Spencer Dock in the city of Dublin as is shown in red on the map numbered “2” and deposited under section 4.
5. So much of the area between Ballinea Bridge near Mullingar in the county of Westmeath and the River Liffey at the North Wall in the city of Dublin as lies between the railway and the red line on the maps numbered “3” and deposited under section 4.
SECOND SCHEDULE
Provisions Relating to Compulsory Acquisition
1. (1) Where the Commissioners propose to acquire any land or any interest in or right over land under section 6 they may apply to the Minister for Finance for an order under this Schedule authorising them to acquire the property compulsorily and the application shall be accompanied by such maps, plans and books of reference as are referred to in paragraph 5.
(2) The Commissioners shall publish the prescribed notice of the application in one or more newspapers circulating in the locality in which the property is situate and serve a copy of the notice on every person who appears to the Commissioners to have an estate or interest in the property, so far as it is reasonably practicable to ascertain such persons.
(3) The notice shall include a provision notifying persons having an estate or interest in the property that they have a right to lodge with the Minister for Finance within one month of the making of the application by the Commissioners an objection to the making of an order and specify the times and places where the maps, plans and books of reference deposited in accordance with paragraph 5 may be inspected.
(4) The Minister for Finance shall consider and determine any objection to the application and he may, if he thinks fit, appoint an adviser to assist him in relation thereto.
2. Where no objection to the application of the Commissioners is lodged within one month of the making of the application by the Commissioners or any such objection is rejected by the Minister for Finance, that Minister shall make an order authorising the Commissioners to acquire the property compulsorily in accordance with the terms of their application or subject to such modifications, if any, as he may specify.
3. (1) At any time after the making of an acquisition order and before conveyance or ascertainment of price, the Commissioners may, subject to this paragraph, enter on and take possession of the land to be acquired or exercise the right to be acquired.
(2) The Commissioners shall not—
(a) enter on or take possession of any land under this paragraph without giving to the occupier at least one month's previous notice in writing of their intention so to do,
(b) exercise any right under this paragraph without giving the occupier of the land in respect of which the right is to be exercised at least one month's previous notice in writing of their intention so to do.
4. (1) A notice under this Schedule may be served on any person by sending it by registered post in an envelope addressed to him at his usual or last known address.
(2) Where, for any reason, the envelope cannot be so addressed, it may be addressed to the person for whom it is intended in either of the following ways:
(a) by the description “the occupier” without stating his name,
(b) at the land to which the notice relates.
5. (1) The Commissioners shall cause maps, plans and books of reference to be deposited in accordance with this paragraph.
(2) The maps and plans shall be sufficient in quantity and character to show on adequate scales the land or right proposed to be acquired.
(3) The books of reference shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of the land which is proposed to be acquired or in respect of which the right is proposed to be exercised.
(4) The maps, plans and books of reference shall be deposited at such place or places as the Commissioners consider suitable and shall remain so deposited for at least one month 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.
6. (1) The amount of the price to be paid by the Commissioners for any land acquired to the several persons entitled thereto or having estates or interests therein, or for any right acquired to the several persons entitled to or having estates or interests in the land in respect of which the right is exercised, shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
(2) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to the said price and to the conveyance to the Commissioners of the land or right acquired, and for the purpose of the application the Commissioners shall be deemed to be the promoters of the undertaking.
7. In this Schedule “prescribed” means prescribed by regulations made by the Minister for Finance.
THIRD SCHEDULE
Repeal of Enactments
PART I
Pre-Union Irish Statutes and British Statutes
Session and Chapter | Short Title or Subject-matter | Extent of Repeal |
11 & 12 Geo. 3, c. 31. | Grand Canal (1771-2). | The whole Act. |
26 Geo. 3, c. 60. | Naas Canal (1786). | The whole Act. |
30 Geo. 3, c. 20. | Royal Canal (1790). | The whole Act. |
31 Geo. 3, c. 42. | Inland Navigation: Grand Canal (1791). | The whole Act. |
32 Geo. 3, c. 26. | Royal Canal Docks (1792). | The whole Act. |
36 Geo. 3, c. 57. | Canal Bridges (1796). | The whole Act. |
38 Geo. 3, c. 54. | Royal Canal Company (1798). | The whole Act. |
40 Geo. 3, c. 51. | Inland Navigation Act, 1800. | The whole Act. |
43 Geo. 3, c. xxii. | Royal Canal (1803). | The whole Act. |
56 Geo. 3, c. 55. | Canals (Ireland) Act, 1816. | The whole Act. |
58 Geo. 3, c. 35. | Royal Canal (1818). | The whole Act. |
8 & 9 Vict. c. 42. | Canal Carriers Act, 1845. | The whole Act. |
8 & 9 Vict. c. cxix. | Midland Great Western Railway of Ireland Act, 1845. | Sections 31 to 36. |
9 & 10 Vict. c. ccx. | Midland Great Western Railway of Ireland (Liffy Branches and Longford Deviation) Act, 1846. | Section 29. |
11 & 12 Vict. c. cxxiv. | Grand Canal Company Act, 1848. | The whole Act. |
15 & 16 Vict. c. cxxxvii. | Midland Great Western Railway of Ireland (Longford Deviation and Cavan Branches) Act, 1852. | Section 24. |
17 & 18 Vict. c. 31. | Railway and Canal Traffic Act, 1854. | In section 1— in the interpretation of the word “traffic”, the words “or canal company, or railway and canal company”, “boats,” and “or canal”; the expression “canal”; in the interpretation of the word “company”, the words “‘canal company’, or ‘railway and canal company’” and “or canal or navigation”; in the interpretation of when stations, etc., shall be deemed to be near one another, the words “,or wharf” in both places where they occur and “or wharves”. In section 6, the words “or canal or railway and canal”. |
22 & 23 Vict. c. liii. | Midland Great Western Railway of Ireland (Liffey Branches) Act, 1859. | Sections 7 and 18. |
36 & 37 Vict. c. 48. | Regulation of Railways Act, 1873. | In section 3, the definitions of “canal company” and “canal” and the words “or canal company” and “or canal”. In section 5, the words “or canal company”. In section 7, the words “or canal company”. Sections 8 and 9. In section 14, the words “and canal company”, “or canal company”, and “or canal” in both places where they occur. Sections 16 and 17. |
40 & 41 Vict. c. cxxxix. | Midland Great Western Railway of Ireland Act, 1877. | Sections 19 to 26. |
44 & 45 Vict. c. xcvii. | Midland Great Western Railway of Ireland Act, 1881. | Sections 18 and 19. |
51 & 52 Vict. c. 25. | Railway and Canal Traffic Act, 1888. | The whole Act. |
54 Vict. c. 12. | Railway and Canal Traffic (Provisional Orders) Amendment Act, 1891. | The whole Act. |
55 & 56 Vict. c. 44. | Railway and Canal Traffic Act, 1892. | The whole Act. |
57 Vict. c. xxvi. | Grand Canal Act, 1894. | The whole Act. |
57 Vict. c. 54. | Railway and Canal Traffic Act, 1894. | The whole Act. |
57 Vict. c. cl. | Midland Great Western Railway of Ireland Act, 1894. | Sections 19 and 20. In section 21— the words “of the town of Mullingar”; the words “and in the event of disagreement between the engineer of the Company and the sanitary authority the matter in dispute shall be referred to the decision of an engineer to be appointed by the Commissioners of Public Works in Ireland”; the words “and failing agreement the question in dispute shall be referred to the decision of an engineer to be appointed by the Commissioners of Public Works in Ireland”. In section 22, the words “making the total quantity six hundred thousand gallons in every twenty-four hours”. Sections 24 and 25. |
PART II
Statutes of Saorstát Éireann and of the Oireachtas
Number and Year | Short Title | Extent of Repeal |
No. 26 of 1927. | Barrow Drainage Act, 1927. | Section 28. |
No. 2 (Private) of 1929. | Dublin Port & Docks (Bridges) Act, 1929. | Section 51. |
No. 11 of 1933. | Road Traffic Act, 1933. | In section 158 (1), the words “or canal”. |
No. 21 of 1944. | Transport Act, 1944. | Chapter VI of Part IV. In section 102 (7), the words “or (c) a canal undertaker”. Section 126. Tenth Schedule. |
No. 10 of 1946. | Turf Development Act, 1946. | Section 22 (4). |
No. 12 of 1950. | Transport Act, 1950. | Sections 27, 47 (2) (3) (4) and 65. |
No. 19 of 1958. | Transport Act, 1958. | Section 23. |
No. 41 of 1960. | Transport Act, 1960. | The whole Act. |
No. 24 of 1961. | Road Traffic Act, 1961. | In section 93 (1) (a), the words “or canal”. |
No. 1 of 1977. | Local Government (Water Pollution) Act, 1977. | In section 27, the words “the Minister for Communications”. |