Number 54 of 1936.
LIFFEY RESERVOIR ACT, 1936.
ARRANGEMENT OF SECTIONS
PRELIMINARY AND GENERAL.
Section | |
ADVANCES TO THE BOARD.
Advances under the Electricity (Supply) (Amendment) Act, 1931. |
POWERS AND DUTIES OF THE BOARD.
Protection of postal and telegraphic services as against the Board. | |
Protection of public roads and bridges as against the Board. | |
POWERS AND DUTIES OF THE CORPORATION.
Acts Referred to | |
No. 27 of 1927 | |
No. 32 of 1931 | |
No. 6 of 1934 | |
No. 4 of 1935 | |
No. 5 of 1925 | |
Number 54 of 1936.
LIFFEY RESERVOIR ACT, 1936.
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Liffey Reservoir Act, 1936.
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 “the Corporation” means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin;
the expression “the Shannon works” has the same meaning as it has in the Electricity (Supply) Act, 1927 (No. 27 of 1927);
the expression “the Liffey undertaking” means the generation of electricity by means of hydraulic power derived from the waters of the River Liffey impounded and made available for that purpose by means of the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement;
the expression “the Liffey works” means the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement and all works constructed by the Board under this Act for the purposes of the Liffey undertaking or for the transmission in bulk of the electricity produced and generated by means of the works aforesaid;
the expression “the waterworks” means the works to be constructed by the Corporation in pursuance of the Scheduled Agreement and every service reservoir, conduit, aqueduct, pipe, and other work constructed by the Corporation by virtue of this Act for containing or carrying water drawn by the Corporation from the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement;
the expression “Ballymore Bridge” means the road bridge commonly known by that name over the River Liffey in the town of Ballymore Eustace and County of Wicklow.
The Scheduled Agreement.
3.—(1) The Agreement (in this Act referred to as the Scheduled Agreement) made on the 18th day of June. 1936. between the Corporation of the one part and the Board of the other part (a copy whereof is set out in the Schedule to this Act) is hereby confirmed, and accordingly it shall be lawful for the Corporation and the Board respectively to carry out the said Agreement and to perform and fulfil the obligations thereby imposed on them respectively.
(2) Whenever the Board and the Corporation are agreed that the height of a low water level as stated in paragraph 6 of the Scheduled Agreement or fixed by an order made by the Minister under this sub-section should be varied in any manner and the Minister is satisfied that, having regard to all the circumstances of the case, it is reasonable that such variation should be made, it shall be lawful for the Minister by order to vary such low water level in accordance with such agreement as from such date (not being prior to the date of such order) as shall be specified in that behalf in such order.
(3) Whenever the Minister makes an order under the next preceding sub-section of this section, the following provisions shall have effect, that is to say:—
(a) the height of the low water level to which such order relates shall (unless and until it is further varied under this section) be varied in accordance with such order, and
(b) the Scheduled Agreement shall operate and have effect with and subject to such variation, and
(c) all the provisions of the Scheduled Agreement in relation to such low water level (except the statement of the height thereof) shall continue to apply and have effect in relation to such low water level notwithstanding such variation in the height thereof.
Expenses.
4.—All expenses incurred by the Minister or by the Minister for Local Government and Public Health in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II.
Advances to the Board.
Advances under the Electricity (Supply) (Amendment) Act, 1931.
5.—(1) Section 1 of the Electricity (Supply) (Amendment) Act, 1934 (No. 6 of 1934), is hereby repealed and in lieu thereof it is hereby enacted that the total amount of the sums advanced to the Board under section 3 of the Electricity (Supply) (Amendment) Act, 1931 (No. 32 of 1931), shall not exceed the sum of six million, two hundred and fifty nine thousand pounds.
(2) The reference in sub-section (2) of section 13 of the Shannon Fisheries Act, 1935 (No. 4 of 1935), to section 1 of the Electricity (Supply) (Amendment) Act, 1934 (No. 6 of 1934), shall be construed as a reference to the foregoing sub-section of this section, and the said sub-section (2) shall have effect accordingly.
(3) The execution of the Liffey undertaking, the performance by the Board of the obligations imposed on it by the Scheduled Agreement, the generation and transmission of electricity by the Board under this Act, and the construction of works by the Board under this Act shall be purposes arising in the performance of the functions of the Board under the Electricity (Supply) Acts, 1927 to 1930, within the meaning of sub-section (1) of section 3 of the Electricity (Supply) (Amendment) Act, 1931 (No. 32 of 1931), and that section, as amended by subsequent enactments, shall be construed and have effect accordingly.
PART III.
Powers and Duties of the Board.
Power of the Board to generate electricity.
6.—(1) It shall be lawful for the Board—
(a) to generate electricity by means of hydraulic power derived from the waters of the River Liffey impounded and made available for that purpose by means of the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement, and
(b) to construct, maintain, and operate such power stations, subsidiary reservoirs, aqueducts, and other works of whatsoever kind as shall from time to time be necessary (directly or indirectly) in the opinion of the Board for the generation of electricity in pursuance of the next preceding paragraph of this sub-section, and
(c) to transmit the electricity generated under this sub-section 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 sub-section of this section.
(2) The electricity (in this sub-section referred to as Liffey electricity) generated under the next preceding sub-section of this section shall be used and applied by the Board for all or any of the purposes for which electricity (in this sub-section referred to as Shannon electricity) generated by means of the Shannon works or in any generating station for the time being operated by the Board under the Electricity (Supply) Act, 1927 (No. 27 of 1927), and the Acts amending or extending that Act may be used or applied by the Board, and Liffey electricity may be so used in conjunction with, in addition to, or independently of Shannon electricity, and for those purposes the Board shall have and may exercise in relation to Liffey 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 Shannon electricity, and in particular any part or parts of the transmission system or of any distribution system now or hereafter owned or constructed by the Board for the transmission or distribution (as the case may be) of Shannon electricity may be used for the transmission or distribution of Liffey electricity and any part or parts of the transmission system or any distribution system hereafter constructed by the Board for the transmission or distribution (as the case may be) of Liffey electricity may be used for the transmission or distribution of Shannon electricity.
General powers of the Board.
7.—(1) For the purposes of the execution of the Liffey undertaking, the performance by the Board of the obligations imposed on it by the Scheduled Agreement, the generation and transmission of electricity by the Board under this Act, and the construction of works by the Board under this Act, or for any one or more of those purposes, the Board may do all or any of the following things, that is to say:—
(a) impound, hold up, divert, take, and use the waters of the River Liffey above Ballymore Bridge and any river or stream tributary to, and any lake, pond, or canal on or connected with, the River Liffey above the said bridge;
(b) embank, dam, dredge, deepen, widen, straighten, divert, and otherwise alter the River Liffey above Ballymore Bridge or any river or stream tributary to the River Liffey above the said bridge;
(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 Liffey above Ballymore Bridge;
(d) remove, or alter, repair, construct, and maintain such sluices, weirs, dams, embankments, and other works (whether above or below Ballymore Bridge) as may, in the opinion of the Board, be necessary for or incidental to the doing of any of the things mentioned in the foregoing paragraphs of this sub-section;
(e) construct and maintain generating stations, powerhouses, transformer stations, and other stations and places for generating, transforming, storing, or otherwise dealing with electricity generated under this Act;
(f) purchase, hire, or otherwise provide, and maintain machinery, plant, and equipment for all generating stations, power houses, transformer stations, and other stations and places constructed under the next preceding paragraph of this sub-section;
(g) close, divert, remove, or submerge any public or private street, road, way or bridge;
(h) enter on any lands or premises for the purposes of doing thereon or on any other lands or premises all or any of the things which the Board is by this sub-section authorised to do or making thereon or on any other lands or premises any inquiry, investigation, or examination preliminary or incidental to the doing of any such thing;
(i) do any act or thing which may be necessary for or incidental to the doing of anything which the Board is by this sub-section authorised to do.
(2) The Board may contract with any person for the execution of all or any of the works which the Board is authorised by this section to undertake and execute, and for that purpose the Board may enter into contracts.
(3) Whenever the Board enters under this section into any contract for the execution of any of the works which the Board is authorised by this section to execute, the Board may by such contract confer on the contractor the right to do such of the said works which the Board is authorised by the first sub-section of this section to do as the Board shall think proper and shall specify in such contract, and thereupon such contractor shall have the right (concurrently with the Board) to do all or any of the things so specified as if such right were conferred on him by this Act, but so far as and no further than is necessary for the due execution of such contract.
Powers of the Board in relation to the acquisition of land.
8.—(1) For the purposes of the Liffey undertaking and of the performance by the Board of the obligations imposed on it by the Scheduled Agreement or of either of those purposes, the Board may do all or any of the following things, that is to say:—
(a) acquire any lands or premises either permanently or temporarily and either compulsorily or by agreement;
(b) acquire (either permanently or temporarily and either compulsorily or by agreement) any easement, way-leave, water right, fishing right, or other right whatsoever over or in respect of any lands, premises, or water;
(c) terminate, restrict, or otherwise interfere with (either permanently or temporarily and either compulsorily or by agreement) any easement, way-leave, water right, fishing right, or other right whatsoever existing over or in respect of any lands, premises, or water;
(d) compulsorily divert, close, remove, submerge, or otherwise interfere with (either permanently or temporarily and either compulsorily or by agreement) any public or private road, way, or bridge, or any canal or other artificial water-way or any artificial water-course;
(e) interfere with any lands or premises either compulsorily or by agreement.
(2) At any time after the passing of this Act and before conveyance or ascertainment of price or compensation, but subject to giving not less than one month's or, in the case of an occupied dwelling house, three months' previous notice in writing to the occupier of the lands or premises or the owner of the easement or other property or right affected, the Board and every contractor authorised so to do by the Board may enter on and take possession of any lands or premises or exercise any right which the Board is authorised by this section to acquire compulsorily, or may terminate, restrict, or otherwise interfere with any easement or other property or right which the Board is authorised by this section compulsorily to terminate, restrict, or interfere with, or may divert, close, remove, or otherwise interfere with any road, way, bridge, water-way, or water-course which the Board is authorised by this section compulsorily to divert, close, remove, or interfere with.
(3) Whenever the Board under this section enters on and takes possession of any lands or exercises any right (as the case may be) before payment of the price or compensation, the Board shall pay to the occupier of the lands or owner of the easement or other right affected (as the case may be) interest on the amount of such price or compensation when fixed at the rate of four pounds per cent. per annum from the date of such entry and taking possession or the exercise of such right (as the case may be) until the date of the conveyance from such occupier or owner to the Board.
(4) Whenever the Board acquires permanently under this section any land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely rent under a contract of tenancy) payable to the Land Commission, the Board shall become and be liable, as from the date on which the Board enters on and takes possession of the land so acquired, for the payment to the Land Commission of such annual sum or such portion thereof as shall be apportioned by the Land Commission on such land as if such land had been transferred to the Board by the proprietor thereof on that date.
(5) Whenever the Board is of opinion that the payment of compensation for the flooding of or other interference with any lands or premises under this section would be uneconomic or for any other reason inexpedient, the Board may acquire permanently such lands or premises under this section either compulsorily or by agreement.
(6) A notice under this section may be served on any person by sending such notice by registered post addressed to such person at his usual or last known address or, in the case of a notice to the occupier of any lands or premises, at such lands or premises.
(7) A notice under this section to the occupier of any lands or premises may be addressed to such occupier by the description “the occupier” without stating his name.
Ascertainment of price or compensation.
9.—(1) The amount of the price or compensation to be paid by the Board for lands and premises 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 easements, way-leaves, water rights, fishing rights and other rights acquired (whether permanently or temporarily) by the Board under this Act to the owner thereof or the several persons entitled to or having estates or interests in the lands and premises over or in respect of which such rights are 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) under this Act of or with any easement, water right, fishing right, or other right over or in respect of any lands, premises, or water, or the diversion, closing, removal, or other interference (whether permanent or temporary) 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 under this Act with any lands or premises 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) When 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) All claims for the price of or compensation in respect of any land, premises or right acquired, or any lands, premises, right, way, or other property interfered with under this Act shall be made within one year after such lands, premises, right, way, or property is first entered on, exercised, or interfered with by the Board or a contractor under this Act, save that in the case of permanent interference with a fishing right the claim may be made at any time within ten years after the completion of the works by which such fishing right is so interfered with.
(5) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, 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.
(6) 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.
Execution of works by the Board in lieu of compensation.
10.—(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 thinks proper and such person agrees 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 may be agreed on by the Board and the person for whose benefit the works are so executed.
Deposit of plans, etc.
11.—(1) As soon as may be after the passing of this Act and not later than one month before commencing the construction of any particular part of the Liffey works or commencing to do any other particular thing which the Board is by this Act authorised to do or for that purpose entering on any lands or premises or exercising any right or interfering with any property, corporeal or incorporal, under this Act, the Board shall cause maps, plans, and books of reference in relation to such part of the Liffey works or such particular thing (as the case may be) to be deposited as hereinafter mentioned.
(2) The maps and plans to be deposited under this section shall be sufficient in quantity and character to show on adequate scales the extent of the works to which they relate with all contemplated deviations and variations, and also all property, corporeal and (where appropriate) incorporeal, proposed to be acquired for the purpose of those 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 road or bridge.
(3) The books of reference to be deposited under this section shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all lands and premises 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 roads and bridges), proposed to be in any way interfered with under this Act for the purpose of such works.
(4) The maps, plans and books of reference to be deposited under this section shall be deposited at the head office of the Board in the City of Dublin, and at such other places in the Counties of Dublin and Wicklow as the Board may, with the approval of the Minister, determine, and all such maps, plans and books of reference shall remain so deposited until the completion of the works to which they relate, and while so deposited shall be open to inspection by any person free of charge at the place of deposit between the hours of ten o'clock in the morning and four o'clock in the afternoon of 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 newspapers circulating in the City of Dublin and the Counties of Dublin and Wicklow, and shall in every such notice state that such maps, plans, and books of reference are open to public inspection in accordance with this section.
Right of the Board to information from rate books.
12.—If the Board, for the purpose of or in connection with the construction of the Liffey works or the exercise of any of the powers conferred on the Board by this Act for the purpose of such construction, 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 public 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 part thereof specified in that behalf by the Board.
Exemption of the Liffey works from rates.
13.—(1) The Liffey works shall, while in the 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 sub-section (2) of section 10 of the Electricity (Supply) (Amendment) (No. 2) Act, 1934.
Protection of postal and telegraphic services as against the Board.
14.—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.
Protection of public roads and bridges as against the Board.
15.—(1) If and whenever the execution of the Liffey works involves the diversion, removal, or submergence of or any other interference with any public road or bridge, the following provisions shall (save as is otherwise provided by this section) have effect, that is to say:—
(a) where the execution of the Liffey works involves the closing of such road or bridge to traffic, the Board shall construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge in the same or some other convenient situation sufficient to carry traffic of such quantity and character as normally uses such road or bridge;
(b) the Board shall, at or before the completion of the Liffey works, either restore such road or bridge to its former condition or construct, after consultation with the Minister for Local Government and Public Health, a new permanent road or bridge in the same or some other convenient situation sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge;
(c) 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 the maintenance of the road of which such new bridge is part and shall be paid by such council to the Board;
(d) if any doubt, dispute or question shall arise whether the Board, in the construction, maintenance, or restoration of any temporary or permanent road or bridge pursuant to this sub-section, has complied with the provisions of this sub-section, or 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.
(2) Where the execution of the Liffey works involves the permanent closing, removal, or submergence of a public road or bridge, 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, removed, or submerged is not required, the Minister may by order declare that the foregoing sub-section 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 Board shall be relieved from any obligation by virtue of the said foregoing sub-section to provide, either temporarily or permanently, any road or bridge in lieu of the road or bridge (as the case may be) to which such order relates.
Protection of fisheries.
16.—In the execution of the Liffey works it shall not be obligatory on the Board or any contractor employed by the Board to comply with the Fisheries Acts, 1842 to 1935, but the Board shall take and make or, in the case of works executed for it by a contractor, procure that the contractor shall take and make such precautions and provisions as the Minister, after consultation with the Minister for Agriculture, shall consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the construction of the Liffey works unless the Minister after such consultation is satisfied that such protection cannot be afforded or such injury cannot be avoided without substantial detriment to the Liffey works or substantial hindrance to or substantial increase in the cost of their construction.
PART IV.
Powers and Duties of the Corporation.
Application of the Public Health (Ireland) Act, 1878, to the Scheduled Agreement.
17.—(1) The Scheduled Agreement shall be deemed for the purposes of the Public Health (Ireland) Act, 1878, to be a contract for the supply of water made by the Corporation with the Board under section 61 of that Act, and accordingly the provisions of the said Act in relation to the supply of water by a sanitary authority and the purchase of land by a sanitary authority shall apply and have effect (subject to the modifications stated in this Act) in relation to the execution of the waterworks and the carrying out of the Scheduled Agreement by the Corporation.
(2) For the purposes of the application, in pursuance of the foregoing sub-section of this section, of the provisions of the Public Health (Ireland) Act, 1878, mentioned in that sub-section to the execution of the waterworks and the carrying out of the Scheduled Agreement by the Corporation, the following modifications of the said provisions shall have effect, that is to say:—
(a) the period of one month shall be substituted for the period of three months mentioned in section 35 (as applied by section 64) of the said Act, and for the like period mentioned in section 36 (as so applied) of the said Act, and for the period of two months mentioned in section 63 of the said Act;
(b) the expression “water mains” where it occurs in section 64 of the said Act shall be construed as including aqueducts, conduits, culverts, and tunnels for conveying water for the purposes of a water supply ;
(c) in paragraph (2) of section 203 of the said Act, the word “twice” shall be substituted for the words “once at least in each of three consecutive weeks in the month of November”, and the words “in the month of December” shall be deleted;
(d) the Minister for Local Government and Public Health may require every owner, lessee, and occupier of lands who is stated in a petition presented under paragraph (3) of the said section 203 to have dissented in respect of the taking of such lands to furnish in writing to the said Minister a statement of the grounds on which such owner, lessee, or occupier so dissents and if, on consideration of the statements so furnished the said Minister is satisfied that, in the case of every such owner, lessee, or occupier, the grounds of dissent relate exclusively to matters which can be dealt with by the arbitrator when assessing the price of or compensation for such lands, it shall not be obligatory on the said Minister to hold such public inquiry as is mentioned in paragraph (4) of the said section 203 before making the provisional order prayed for in such petition;
(e) so much of the proviso to paragraph (5) of the said section 203 as relates to the months in which the notices mentioned in the said section 203 may be served and to the period within which the inquiry mentioned in the said section 203 may be held shall not apply ;
(f) the Rules set out in the Sixth Schedule to the Local Government Act, 1925 (No. 5 of 1925), shall apply to the confirmation of provisional orders but with the modifications that in Rule 1 of the said Rules the period of twenty-one days shall be substituted for the prescribed period and that so much of the said Rules as authorises the presentation of a petition to the Circuit Court and so much of the said Rules as relates to such petition shall not apply.
Incorporation of the waterworks with existing waterworks of the Corporation.
18.—The waterworks shall become and form part of the waterworks constructed by the Corporation under the powers conferred on it by the Dublin Corporation Waterworks Act, 1861, as amended or extended by subsequent enactments, and accordingly, sections 30, 44 to 52, and 58 to 62 of the said Dublin Corporation Waterworks Act, 1861, as so amended or extended, shall apply to the waterworks in like manner as they apply to the said waterworks constructed under the said powers.
Power of the Corporation to take possession of land before conveyance.
19.—(1) At any time after the confirmation of a provisional order for the purposes of the Public Health (Ireland) Act, 1878, as applied by this Act, the Corporation may before conveyance or ascertainment of price or compensation (but subject to giving not less than one month's or, in the case of an occupied dwelling house, three months' notice in writing to the occupier of the land or the owner of the right) enter on and take possession of any land or exercise any right which they are authorised by such provisional order to acquire compulsorily.
(2) Whenever the Corporation under this section enters on and takes possession of any land or exercises any right before payment of the price or compensation, the Corporation shall pay to the occupier of such land or the owner of such right (as the case may be) interest on the amount for the time being unpaid or not advanced of such price or compensation at the rate of four pounds per cent. per annum from the date of such entry and taking possession or of such exercise (as the case may be) to the date of the conveyance of such land or right to the Corporation.
Provision of accommodation for the washing of sheep.
20.—(1) The Corporation may, if they shall think it expedient so to do for the better protection of the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement from pollution, construct, on land to be acquired for the purpose, accommodation works for the washing of sheep.
(2) Accommodation works constructed by the Corporation under this section shall be deemed to be part of the waterworks, and land acquired for the purpose of such accommodation works shall be deemed to be acquired for the purposes of the waterworks, and this Act (including the enactments incorporated with or applied by this Act) shall apply accordingly.
Execution of works by the Corporation in lieu of compensation.
21.—(1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done by the Corporation under the Public Health (Ireland) Act, 1878, as applied by this Act, the Corporation may, with the sanction of the Minister for Local Government and Public Health, execute for the benefit of such person such works as the Corporation with the sanction aforesaid thinks proper and such person agrees to accept in satisfaction or partial satisfaction of his claim for such compensation.
(2) The Corporation may, with the sanction of the Minister for Local Government and Public Health, 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 may be agreed on by the Corporation (with the sanction aforesaid) and the person for whose benefit the works are executed.
Application of section 2 of the Public Health (Ireland) Act, 1896.
22.—For the purpose of section 2 of the Public Health (Ireland) Act, 1896, every sanitary district in the County of Kildare shall be deemed to be a sanitary district adjoining the county borough of Dublin within the meaning of the said section 2, and that section shall apply and have effect accordingly.
Supply of water to districts in Dublin and Kildare.
23.—(1) The Minister for Local Government and Public Health may, if he so thinks fit, on the application of the sanitary authority of a sanitary district in the County of Dublin or the County of Kildare, by order require the Corporation to supply water to such sanitary authority.
(2) The Minister for Local Government and Public Health shall not make an order under the next preceding sub-section of this section unless he is satisfied that the Corporation have begun to take and draw water from the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement and that the supply of water to be given in pursuance of such order can be given without prejudice to the supply of water to the county borough of Dublin and to the areas outside that county borough which are, at the date of such order, entitled to be supplied with water by the Corporation.
(3) Whenever the Corporation is required, by an order made under this section, to supply water to a sanitary authority, the following provisions shall have effect, that is to say:—
(a) the Corporation shall, so long as such order continues in force, supply to such sanitary authority such quantity of water, at such times and places, and on such terms (including terms as to payment) as shall from time to time be agreed upon by the Corporation and such sanitary authority or shall, in default of such agreement, be determined by the Minister for Local Government and Public Health ;
(b) the water supplied in pursuance of such order shall be so supplied from a catchment, storage, or service reservoir constructed by the Corporation for its own purposes or from a conduit pipe or aqueduct similarly constructed;
(c) the supply of water in pursuance of such order shall be subject to the due performance of the obligations of the Corporation in relation to the supply of water to the county borough of Dublin and to the areas outside that county borough which are, at the date of such order, entitled to be supplied with water by the Corporation, and those obligations shall have priority to the obligations of the Corporation under such order;
(d) the water supplied in pursuance of such order shall be delivered by the Corporation at a point (whether in or outside of the sanitary district of such sanitary authority) agreed upon by the Corporation and such sanitary authority or, in default of such agreement, fixed by the said Minister, and all pipes, mains, and conduits necessary to carry such water from the said point shall be provided, laid, and maintained by such sanitary authority;
(e) whenever the price to be paid by such sanitary authority for the water supplied in pursuance of such order is fixed by the Minister under the next preceding paragraph of this sub-section, the Minister when so fixing such price shall consider the capital indebtedness of the whole waterworks system of the Corporation and the annual cost of the upkeep and maintenance thereof.
(4) The Minister for Local Government and Public Health may, whenever he so thinks fit on the application of the Corporation or of the sanitary authority concerned, amend or revoke any order (including an order made under this sub-section) previously made by him under this section.
(5) Before doing any of the following things, that is to say:—
(a) making an order under the first sub-section of this section, or
(b) amending or revoking any such order, or
(c) fixing or revising the price to be paid by a sanitary authority for water supplied to it in pursuance of any such order,
the Minister for Local Government and Public Health may, if he so thinks fit, and shall, if so requested by the Corporation, hold a public inquiry in respect of the doing of such thing, and Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every such public inquiry in like manner as it applies in respect of the local inquiries mentioned therein.
Extension of the borrowing powers of the Corporation.
24.—(1) The purposes for which the Corporation may borrow under the Public Health Acts, 1878 to 1931, shall extend to and include all the purposes of the execution of the waterworks and the performance by the Corporation of the obligations imposed on it by the Scheduled Agreement.
(2) Money borrowed by the Corporation under the Public Health Acts, 1878 to 1931, for any of the purposes of the execution of the waterworks or the performance by the Corporation of the obligations imposed on it by the Scheduled Agreement shall not be reckoned as part of the debt of the Corporation for the purpose of any limitation on borrowing imposed by those Acts.
Right of the Corporation to information from rate books.
25.—If the Corporation for the purpose of or in connection with the execution of the waterworks or the exercise of any of the powers vested in the Corporation by virtue of this Act for the purpose of such execution, 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 Corporation—
(a) permit any officer of the Corporation authorised in that behalf by the Corporation 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 Corporation, upon payment by the Corporation of such fee as shall be agreed upon by the Corporation and such public 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 part thereof specified in that behalf by the Corporation.
Making of bye-laws by the Corporation.
26.—(1) The Corporation may make bye-laws for all or any of the following purposes, that is to say:—
(a) preventing the pollution, fouling, or contamination of the water in the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement or in any service reservoir, conduit, aqueduct, or pipe constructed by the Corporation for containing or carrying water drawn by the Corporation from the said reservoir to be constructed by the Board;
(b) prohibiting the discharge of any poisonous, noxious or deleterious matter into any stream which flows, directly or indirectly, into the said reservoir to be constructed by the Board and prohibiting the discharge of any such matter into any lake or pond from or through which any such stream issues or flows;
(c) for the purpose of the prevention of contamination of the water in the said reservoir to be constructed by the Board, requiring the construction, use and maintenance of proper sewers and drains and prescribing the materials, size, and construction generally of such sewers and drains.
(2) Sections 219 to 223 of the Public Health (Ireland) Act, 1878, shall apply to all bye-laws made by the Corporation under this section.
(3) Bye-laws made by the Corporation under this section shall apply to and be in force in the catchment area of the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement, but any such bye-law may be made applicable to a specified part only of such catchment area.
(4) A copy of every bye-law made by the Corporation under this section shall, before such bye-law is submitted to the Minister for Local Government and Public Health for confirmation, be served on the Board and on the sanitary authority of every sanitary district to which or to any part of which such bye-law is intended to apply, and the said Minister shall, before confirming such bye-laws, consider all (if any) representations which may be made by the Board or any such sanitary authority in regard thereto.
(5) Whenever the rights of the owner or the occupier of or any other person interested in any lands or premises in the area of application of a bye-law made by the Corporation under this section are injuriously affected by the restrictions imposed by such bye-law, the Corporation shall pay compensation to such owner, occupier, or other person (as the case may be) and the right to and amount of such compensation 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.
Protection of postal and telegraphic services as against the Corporation.
27.—The Corporation shall not, 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 service of the Department of Posts and Telegraphs.
Protection of public roads and bridges as against the Corporation.
28.—If and whenever the execution of the waterworks by the Corporation involves the diversion, removal, or other interference with any public road or bridge, the following provisions shall have effect, that is to say:—
(a) where the execution of the waterworks involves the closing of such road or bridge to traffic, the Corporation shall if the Minister for Local Government and Public Health so directs construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge in the same or some other convenient situation sufficient to carry traffic of such quantity and character as normally uses such road or bridge;
(b) the Corporation shall, at or before the completion of the waterworks, either restore such road or bridge to its former condition or construct in accordance with plans approved of by the Minister for Local Government and Public Health a new permanent road or bridge in the same or some other convenient situation sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge;
(c) where the Corporation constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district (other than the county borough of Dublin) than the original bridge, whether by affording an improved means of communication or otherwise, the Corporation 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 the maintenance of the road of which such new bridge is part and shall be paid by such council to the Corporation;
(d) if any doubt, dispute, or question shall arise whether the Corporation, in the construction, maintenance, or restoration of any temporary or permanent road or bridge pursuant to this sub-section, has complied with the provisions of this sub-section, or whether a permanent new bridge constructed by the Corporation 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.
SCEIDEAL.
SCHEDULE.
Co-Aontu dar data an 18adh la de Mheitheamh, 1936, agus do rinneadh idir an Bardas agus an Bord.
Agreement dated the 18th day of June, 1936, and made between the Corporation and the Board.
THIS AGREEMENT made the 18th day of June, 1936, between THE RIGHT HONOURABLE THE LORD MAYOR, ALDERMEN AND BURGESSES OF DUBLIN (hereinafter called “the Corporation” which expression shall include the successors of the Corporation) of the one part and THE ELECTRICITY SUPPLY BOARD a Statutory Corporation (hereinafter called “the Board” which expression shall include the successors of the Board) of the other part: WHEREAS
(a) THE Corporation is desirous of providing an additional water supply to meet the requirements of the City of Dublin and is of opinion that for that purpose the Reservoir at Pollaphouca hereinafter mentioned should be constructed with as little delay as possible:
(b) THE Board has had under contemplation the provision of an additional supply of electricity for public consumption in Saorstát Eireann by means of the proposed electric generating station hereinafter mentioned, but the Board while being of opinion that the construction of such an electric power station would be beneficial are also of opinion that the development of consumption of electricity in Saorstát Eireann may not render the construction thereof necessary for some years to come:
(c) THE Corporation and the Board are agreed that the construction of the Reservoir hereinafter mentioned would be the best means of answering the respective requirements of the Corporation and of the Board for the purposes aforesaid:
(d) IT has been agreed between the Corporation and the Board that the Board shall proceed as soon as possible with the construction of the said Reservoir upon the terms that the Corporation shall make to the Board the payments hereinafter mentioned by way of contribution towards the costs and expenses to be incurred by the Board in the construction of the said Reservoir and by way of compensation to the Board for constructing the same at an earlier date than would otherwise have been decided by the Board, and that the Board shall (subject to the provisions hereinafter contained) be at liberty at such date as it thinks fit to proceed with the hydro-electric power development and the extension of the Reservoir for that purpose:
(e) IT has accordingly been agreed that these presents shall be entered into subject to the enactment by the Oireachtas of the necessary enabling legislation :
(f) THE works contemplated in this agreement consist of:
(i) A Reservoir to be created and constructed in one or more stages, by the Board:
(ii) An intake to be constructed by the Corporation for the purpose of drawing off water for the said water supply:
(iii) Hydro-electric works to be constructed by the Board:
NOW IT IS HEEEBY AGEEED AS FOLLOWS :
1.—THIS Agreement is entered into by and between the parties hereto subject to the enactment by the Oireachtas of the necessary enabling and empowering legislation (including legislation rendering lawful the impounding of water and the withdrawal thereof from other uses as hereinafter provided) and shall not become binding upon the parties hereto unless and until such legislation has been passed. In the event of the said legislation not having been enacted within twelve months from the date of these presents this Agreement shall cease to be of any force or effect:
2.—THE Board shall at the expense of the Board proceed to construct and create the Reservoir (hereinafter called “the Reservoir”) at Pollaphouca in the County of Wicklow (as shown upon the draft plans annexed hereto which plans may be altered by either party hereto with the consent of the other party hereto and such consent shall not in the case of any minor alterations be unreasonably withheld) and for that purpose shall proceed at the like cost to erect in accordance with the said plan the main dam which shall be constructed on or near the site shown upon the said plans in the Pollaphouca Gorge between 800 and 1,200 feet up stream of the existing road bridge over the Liffey at Pollaphouca and shall by the exercise of the statutory powers in that behalf to be conferred upon it by the enabling legislation acquire at the cost of the Board in fee simple the lands necessary for the said Reservoir together with all necessary rights of way and other casements and rights. The Board shall also proceed at the like cost to construct all such other dams, sluices and works as may be necessary for or incidental to the purpose of impounding and controlling the water in the Reservoir.
3.—(a) THE said Reservoir at Pollaphouca may be constructed by the Board either in one or in two stages which said two stages are herein termed “First Development” and “Second Development.” The Second Development may be carried out by the Board in one or more sub-stages. The “First Development” shall consist of such works as may be necessary to provide a top water level in the Reservoir of at least five hundred and seventy six feet (576 ft.) above Ordnance Datum (hereinafter called “O.D.”) and shall be completed and finished by the first January, 1940. For the purpose of this clause the completion and finishing shall be deemed to include the filling of the Reservoir with water to the said level.
THE “Second Development” shall consist of such further works as may be necessary to raise the top water level of the Reservoir to six hundred and ten feet (610 ft.) or more above O.D. and shall be completed and finished by the Board as and when the Board thinks fit, but not later than the 31st March nineteen hundred and fifty. For the purpose of this agreement “top water level” shall mean the highest level at which the water in the Reservoir shall be retained by the dam and sluices without overflow. For the purposes of this clause the completion and finishing shall be deemed to include the filling of the Reservoir with water to the said level of 610 feet or more above O.D. and the fencing of the Reservoir by a fence constructed of galvanised wire four feet high of five strands supported by H section steel or iron standards at nine feet centres. The Board shall maintain the said fence. The said dates for completion of the First and Second Development are fixed on the basis that no delay is occasioned in the execution of the works by war, civil commotion, riot, strikes, accidents, force majeure, abnormal weather conditions or any other cause not reasonably within the control of the Board (hereinafter referred to as “excepted causes”). In the event of the Board not completing the First Development by the first January nineteen hundred and forty it shall pay to the Corporation by way of liquidated damages and not as a penalty a sum of fifty pounds for each completed day by which completion shall be delayed beyond that date unless such delay shall be occasioned by any one or more of the excepted causes above mentioned. In the event of the Board not completing the Second Development by the 31st March, 1950, it shall pay to the Corporation by way of liquidated damages and not as a penalty a sum of twenty-five pounds for each completed day by which completion shall be delayed beyond that date unless such delay shall be occasioned by any or more of the excepted causes above mentioned. In the event of delay occurring through any of the excepted causes the time for completion shall be extended accordingly. The said respective stages of development shall be deemed to have been completed though minor and unimportant parts of the works shall not have been completed.
(b) THE Board shall not without the written consent of the Corporation first obtained (which consent shall not be unreasonably withheld) construct the Reservoir so as to produce a top water level above six hundred and fifteen feet O.D., but the Corporation works shall be designed and constructed at the Corporation's expense (so as to be suitable) for a permanent top water level of six hundred and eighteen feet O.D.
4.—(a) DURING the progress of the creation and construction of the said Reservoir and for the purpose of ensuring the purity of the water within the Reservoir so far as reasonably possible, the Board shall:—
(i) Cut down and remove from the site of the Reservoir all growing timber and undergrowth to the satisfaction of the Corporation:
(ii) Remove all dwelling-houses, sheds, stables, cow-byres, and piggeries, and shall render sanitary the sites of the same by sprinkling the site with chlorate of lime to the satisfaction of the Corporation:
(iii) Subject to obtaining all necessary ecclesiastical and other permissions, remove from any graveyard which may be flooded by the Reservoir the bodies buried therein and inter the same elsewhere and render sanitary the site of such graveyard and the vaults therein by sprinkling the sites with chlorate of lime to the satisfaction of the Corporation:
(iv) Remove and level down, or partly remove and level down as far as may be reasonably necessary, all mounds, fences, ditches and obstructions upon that part of the Reservoir which shall lie over five hundred and seventy-five feet (575 ft.) above O.D. in such a manner as not to impound water if the level of the Reservoir shall be lowered: (The Board shall be bound under this sub-clause to execute the said works only as the same may be found to be necessary and until the expiration of two years from the date of completion of the Second Development:)
(v) Execute and carry out such works as the Corporation engineer may reasonably require for the prevention of pollution of the water in the Reservoir by sewage or drainage from existing dwelling-houses, stables, cow-byres, or piggeries standing in the immediate vicinity of the Reservoir.
(b) The expenditure on materials and labour hereby undertaken by the Board in respect of all works to be executed by the Board under sub-clauses (a) (iv) and (a) (v) hereof shall be limited to the maximum sum of three thousand five hundred pounds (£3,500). In the event of the Corporation requiring an expenditure in excess of that sum or further or additional works for the purposes aforesaid, such additional expenditure shall be paid and such additional works shall be constructed at the cost of the Corporation provided that the Corporation shall be at liberty with the consent of the Board to carry out such additional work at its own expense. The written certificate of the Board as to the amount expended by the Board as aforesaid shall be accepted by the Corporation as conclusive.
5.—THE Board shall be at liberty at such times and in such manner as it may think proper and without supervision by the Corporation to erect, install and maintain such works as the Board may consider necessary for the purpose of the hydroelectric development proposed by the Board. Such works shall be so carried cut by the Board and shall be so designed and constructed that it shall not be necessary for the Board to lower the level of the waters in the Reservoir below the appropriate low water level hereinafter mentioned. Provided nevertheless that during the period which may elapse between the completion of the First Development and the completion of the Second Development it shall be lawful for the Board in times of flood to reduce the level of the water in the Reservoir for short periods to, but not below five hundred and seventy-five feet O.D., and in such event the low water level shall be restored as soon as reasonably practicable.
6.—THE Board shall control and regulate the sluices from the Reservoir and shall at all times be at liberty without restriction to utilise the water of the Reservoir for power development purposes so long as the water is not below low water level but the Board shall not so utilise the said water at any time or times at or during which the level of the water in the Reservoir is below low water level. The Board shall at all times (including times at which the level of the water in the Reservoir is below low water level as hereinafter defined) be at liberty to discharge water from the Reservoir in such manner as the Board may think fit at a rate not exceeding 1.5 cubic metres per second averaged over each week from noon on Monday to noon on the following Monday as flow for compensation (hereinafter referred to as “compensation water”) as compensation water to the river down stream of the dam and shall furthermore be at liberty at suitable seasons in the year and with the consent of the Corporation (to be given in writing on each occasion, but which may be refused by the Corporation without assigning a reason) to draw down the level of the water in the Reservoir below low water level. The “low water level” shall be as follows:—
After the completion of the First Development and until the completion of the Second Development it shall be 576 feet O.D. After the completion of Second Development (if completed before 1st January, 1945) and down to the 1st day of January, 1945, it shall be 576 feet O.D.
After the 1st day of January, 1945, or the completion of Second Development (whichever shall be later) and down to the 31st day of March, 1950, it shall be 578 feet O.D.
After the 31st day of March, 1950, and down to the 31st day of March, 1960, it shall be 580 feet O.D.
After the 31st day of March, 1960, it shall be 581 feet O.D.
Nothing herein contained shall be construed to impose any obligation on the Board to maintain the levels of the water in the Reservoir at a height above low water level.
7.—THE Corporation shall be at liberty at all times to draw from the Reservoir the water supply of the Corporation through an intake which shall be erected by and at the expense of the Corporation, upon a site at or in the Reservoir to be mutually agreed between the Corporation and the Board, which site shall be up stream of and away from both the dam and the intake of the pressure tunnel to the power station. The site for such intake shall be so selected as not to interfere with the execution of the hydro-electric works of the Board, or with the maintenance of and operation thereof by the Board.
8.—THE said Corporation intake for the water supply shall be constructed, operated and at all times maintained by the Corporation at its own expense. The intake and the conduits therefrom shall be so designed and constructed that they will not occasion or permit leakage or seepage of water from the Reservoir and shall be constructed at such stages as shall not impede the building programme of the Board. In the event of excessive leakage from the Reservoir taking place owing to the said intake or the works connected therewith or from any works under the control of the Corporation, the Corporation shall at its own expense forthwith carry out and execute such works to the satisfaction of the Board either in the vicinity of the intake and conduits, or elsewhere as the Board may require, as shall completely prevent or, if complete prevention is not reasonably possible, decrease the leakage to the minimum practical point. Should the Corporation neglect, after due notice, to carry out such works, the Board may carry out the same at the expense of the Corporation. In the event of excessive leakage from the Reservoir taking place owing to any works under the control of the Board, the Board shall at its own expense, if required by the Corporation forthwith carry out and execute such works as shall completely prevent or if complete prevention is not reasonably possible, decrease the leakage to the minimum practical point. Should the Board neglect after due notice to carry out such works the Corporation may carry out the same in a satisfactory manner at the expense of the Board.
9.—THE said intake for the Corporation water supply and the accessories and equipment thereof shall be so designed and constructed as to render it unnecessary to lower the level of waters in the Reservoir for the purpose of the maintenance and repair of the intake and so as to permit of alterations or future development of the Reservoir and its storage and of the erection and maintenance of the power plant of the Board and of alterations in the Corporation water supply.
10.—AFTER the First Development Stage has been completed and until such time as the Second Development Stage has been completed, the Corporation shall have the sole right to utilise for the said water supply all the water impounded, except compensation water, as provided in Clause 6 hereof. After the Second Development Stage has been completed the Corporation shall have the absolute and prior right to a maximum quantity of twenty million gallons per day so long as the level of the waters in the Reservoir is not below low water level and subject to the aforesaid right of the Corporation, the Board shall have the right to draw all other water for the purposes of the Board. When the level of the waters in the Reservoir is below low water level the Corporation shall have the sole right to utilise for the said water supply all the water impounded subject to the right of the Board to withdraw compensation water, but the Corporation shall not withdraw more than twenty million gallons of water per day Provided always that should the Board so assent in writing previously it shall be lawful to the Corporation from time to time to withdraw water in excess of the quantities permitted by this agreement to such extent and for such period or periods as may be expressly provided in such assent PROVIDED further that it shall be lawful to the Board to refuse such assent without giving any reason.
11.—THE Corporation shall, without cost to the Board, provide and at all times maintain in good condition and satisfactory working order, apparatus of a type to be approved by the Board, for the accurate recording and measuring of the flow of water from the Reservoir through the Corporation intake and shall furnish to the Board each day, or at such periods as may be agreed, a true written certified copy of the record of the daily flow thereby recorded through the said intake. The Board shall be entitled from time to time, and at all times if it so desires, to check the accuracy of the said apparatus and method of recording and to have the said apparatus calibrated, and may inspect the said apparatus at any time. Such apparatus shall be located at a position to be approved of by the Board, as near to the Corporation intake from the Reservoir as practicable. In the event of the Corporation drawing water in excess of the amount to which it is entitled under these presents the Corporation shall pay to the Board as liquidated damages and not as a penalty a sum of two hundred pounds (£200) for each million gallons (or part of one million gallons) which shall have been drawn on each day in excess of the permitted quantity of twenty million gallons PROVIDED always that (a) where the water withdrawn by the Corporation in any week from noon on Monday to noon on the following Monday does not exceed the quantity permitted during such week by more than five per cent. and if the Corporation satisfy the Board to the reasonable satisfaction of the Board that the withdrawal of the excess quantity was due to any cause not within the reasonable control of the Corporation, or if the excess is withdrawn with the written consent of the Board previously obtained, the Corporation shall be subject to no damages: and (b) where such excess does not exceed five per cent. as aforesaid, but the Corporation is unable to satisfy the Board that its withdrawal was due to causes outside the control of the Corporation, the Corporation shall pay as liquidated damages but not as a penalty a sum of ten pounds (£10) for each one million gallons or part of same withdrawn in excess of the permitted quantity.
12.—THE Board shall, without cost to the Corporation provide and at all times maintain in good condition, and satisfactory working order, apparatus of a type to be approved by the Corporation, for the accurate recording and measuring of the flow of compensation water from the Reservoir, and shall furnish to the Corporation each day, or at such periods as may be agreed, a true written certified copy of the record of the daily flow thereby recorded. The Corporation shall be entitled from time to time and at all times, if it so desires, to check the accuracy of the said apparatus and method of recording and to have the said apparatus calibrated, and may inspect the said apparatus at any time. Such apparatus shall be located at a position to be approved of by the Corporation. In the event of the Board discharging or permitting the discharge of compensation water in excess of the permitted flow for compensation during a period when the level of the water in the Reservoir is below low water level, the Board shall pay to the Corporation as liquidated damages and not as penalty a sum of one hundred pounds (£100) for each million gallons so discharged in excess PROVIDED that (a) where the water withdrawn by the Board in any week from noon on Monday to noon on the following Monday does not exceed the permitted compensation water by more than five per cent. and if the Board satisfies the Corporation to the reasonable satisfaction of the Corporation that the withdrawal of the excess quantity was due to any cause not within the reasonable control of the Board, the Board shall be subject to no damages: (b) where the excess does not exceed five per cent. but the Board is unable to satisfy the Corporation that its withdrawal was due to causes outside the control of the Board, the Board shall pay as liquidated damages but not as a penalty a sum of ten pounds (£10) for each one million gallons or part of same withdrawn in excess of the permitted quantity:
13.—IN the event of any extreme or immediate danger of catastrophe arising from any cause either to the Reservoir and/or to the works of the Corporation and/or to the works of the Board, which may render it imperative in the opinion of the Board to lower the level of the water in the Reservoir below the low water level hereinbefore fixed, and to do so with such speed that to get the previous consent of the Corporation would involve undue risk the Board may take such steps as may be necessary to lower the level of the said waters in the Reservoir, giving such reasonable and, if possible, previous notice in writing to the Corporation, as the circumstances of emergency and danger may in the opinion of the Board reasonably permit.
14.—IN the event of any emergency arising (other than an emergency provided for in Clause 13 hereof) such as to render it necessary to lower the level of the water in the Reservoir below low water level, then the Board may (or if the request comes from the Corporation, shall) take such steps to lower the level of the water to such extent as may be necessary PROVIDED ALWAYS that should the Board desire the level to be so lowered it shall first notify and shall consult with the Corporation and obtain their consent and similarly if the Corporation shall require the level to be so lowered it shall first notify and shall consult with the Board and obtain their consent and in the event of a disagreement taking place between the parties as to such lowering, either party shall be at liberty to summon forthwith on twenty-four hours' notice to the other, a meeting of the Arbitration Tribunal as is provided in Clause 25 hereof PROVIDED ALWAYS and it is hereby agreed and declared that a necessity on the part of the Board to generate electrical power shall not be deemed to be an emergency within the meaning of this clause. In the event of the level of the waters in the Reservoir being lowered as provided by Clause 13 or 14 the party responsible for the execution of the necessary works shall with all possible speed carry out at its own expense such works as may be necessary to permit the Reservoir to be refilled to low water level.
15.—THE Reservoir and dam, and all works ancillary thereto (save only the Corporation intake) shall be and remain the property of the Board, who shall maintain, regulate and operate the same and the Corporation shall be indemnified by the Board against any liability arising out of the construction and maintenance of the Reservoir, dam and ancillary works of the Board, and in respect of the withdrawal by the Corporation of water from the Reservoir, including liability to any riparian owner, mill owner or other person having water or fishing rights. The Board shall from time to time take all necessary steps to keep the Reservoir in order and repair but this clause shall not imply any liability upon the Board to carry out works solely for the purpose of keeping the water free from pollution. The Corporation shall however have no claim against the Board for compensation in the event of any injury or damage occurring to the Reservoir by which an escape or loss of water may occur. The Corporation shall have access to the Reservoir at all times and shall have the right after consultation with the Board to take such measures as may be reasonably necessary but at the expense of the Corporation, to prevent the pollution of the waters therein.
16.—SAVE to the extent of carrying out the sanitary works hereinbefore specified during construction of the Reservoir, the Board shall be under no responsibility to the Corporation for the sanitary condition or nature of the water in the Reservoir, nor for keeping the same clean or fit for drinking.
17.—THE Board shall be at liberty to instal in the power station of the Board and for the purposes of generation of electricity such turbines and generating plant and machinery generally as it may from time to time desire, without the approval of, or consultation with the Corporation. The Board shall be at liberty to operate such power plant in whatever manner it may deem necessary or desirable, and shall be at full liberty to make use of the storage water between top and low water levels for the operation of the said plant, in such manner as it may think necessary or desirable PROVIDED ALWAYS that the Board shall not be under any liability to the Corporation in the event of the said water level being lowered through any accident to the Board's said plant.
18.—THE Corporation shall pay to the Board as a contribution by the Corporation to the expenses of the construction of the Reservoir by the Board the sum of one hundred and twenty-six thousand pounds (£126,000), which sum shall be payable as to the sum of sixty-three thousand pounds forthwith upon the Board furnishing to the Corporation a certificate in writing by the Board that that sum has been expended by the Board on the works referred to in this Agreement or on acquisition of lands, and the balance of £63,000 shall be payable on certificate of the Board that the first development has been completed. The said payment of £126,000 to be made by the Corporation shall be accepted by the Board in full and complete discharge of all liabilities whatsoever immediate and future of the Corporation in connection with the construction, maintenance and operation of the Reservoir and of the right to the withdrawal of water therefrom by the Corporation in any quantity not exceeding 20,000,000 gallons per day PROVIDED ALWAYS that should the Board find it necessary (pursuant to its power on that behalf contained in Clause 20 hereof) to abandon the creation of the Reservoir, the Corporation shall be liable to pay and shall pay to the Board such sum and such sum only as shall be equal to one-half of the net expenditure (after disposal of the lands and realisation of other property acquired for the purposes of creating the Reservoir) which shall actually have been incurred by the Board to the date of such abandonment or the sum of £126,000, whichever shall be the lesser sum, and in such event should the Corporation have already paid to the Board a larger sum the Board shall refund the excess to the Corporation.
19.—NOTHING in this agreement shall be deemed to imply any liability on the part of the Board to the Corporation in the event of the supply of water available to the Reservoir when constructed not being sufficient for any of the purposes or objects aforesaid.
20.—THE Board shall be under no liability to the Corporation in the event of its being found that for any natural reasons defects in the soil, faults in the rock, or other causes of a similar nature or otherwise, the erection and maintenance of the Reservoir should prove impracticable.
21.—(i) THE Board shall be at liberty to carry out all or any of the works herein specified by Contractors or Sub-Contractors.
(ii) THE Board and the Corporation, respectively, may exercise all or any of the powers and discretions hereby conferred on or reserved to them, respectively, through their respective engineers, viz., the City Engineer and the Board's Chief Engineer for Civil Works or his substitute (appointed by resolution of the Board) for the time being:
(iii) NOTICE to be served by the Corporation upon the Board under this Agreement shall be served at the Principal Office of the Board. Notices to be served by the Board upon the Corporation under this Agreement shall be served at the City Hall, Dublin.
22.—NOTHING contained in this Agreement shall be deemed to preclude the Corporation at any time hereafter from acquiring the right by agreement with the Board to withdraw water from the Reservoir above the maximum quantity of twenty million gallons a day.
23.—ANY consent to be given under this Agreement by the Corporation may be given under the hand of the City Engineer, and any consent to be given under this Agreement by the Board may be given under the hand of the Board's Chief Engineer for Civil Works for the time being:
24.—WHERE a party (hereinafter called the first party) to this Agreement claims that the other party (hereinafter called the second party) to this Agreement is liable to pay damages or compensation to the first party in respect of any breach, omission, neglect or otherwise of the second party of any of the terms and stipulations of this Agreement, the first party shall notify the second party in writing of such claim within one calendar month of the date upon which the first party became aware or should with reasonable diligence have become aware of such claim, and should the first party fail so to notify the second party, the first party shall be deemed to have waived and abandoned such claim PROVIDED ALWAYS that where the claim arises out of continuing circumstances, one such notification shall be deemed sufficient.
25.—SHOULD any dispute arise as to this Agreement or as to the true construction thereof or as to any matter or thing done or to be done thereunder, or as to the rights, obligations and duties of the parties hereto or either of them otherwise howsoever arising out of this Agreement, such dispute shall be submitted for arbitration by the parties to the President for the time being of the Institution of Civil Engineers of Ireland or to such other person as may be nominated in writing by the said President. The decision of such arbitrator shall be final and binding in all respects. The provisions of the Common Law Procedure (Ireland) Amendment Act, 1856, and of any Act replacing, amending or extending the same, shall apply to such arbitration and the award thereof:
IN WITNESS whereof the Corporation and the Board have ________________________ hereunto caused their respective Seals to be hereunto affixed the day and year first herein written:
