Shannon Electricity Act, 1925

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SHANNON ELECTRICITY ACT, 1925.

ARRANGEMENT OF SECTIONS Section

Section 1

Definitions.

Section 2

Minister may undertake production of electricity.

Section 3

General powers of Minister.

Section 4

Minister may acquire land, etc., compulsorily.

Section 5

Ascertainment of price or compensation.

Section 6

Tribunal to fix price or compensation.

Section 7

Minister may delegate construction, etc., of railway or tramway.

Section 8

Minister may improve navigation of rivers, etc.

Section 9

Minister may drain lands.

Section 10

Deposits of plans, etc.

Section 11

Provision of money for undertaking.

Section 12

Disposal of surplus lands, etc.

Section 13

Supply of electricity.

Section 14

Lands benefited by drainage, etc., to be charged with certain payments.

Section 15

Protection of ancient monuments.

Section 16

Protection of fisheries.

Section 17

Protection of postal and telegraphic services.

Section 18

Protection of public roads and bridges.

Section 19

Service of notices.

Section 20

Short title.

Number 26 of 1925.

SHANNON ELECTRICITY ACT, 1925.

AN ACT TO AUTHORISE AND PROVIDE FOR THE PRODUCTION BY THE STATE OF ELECTRICITY GENERATED BY MEANS OF HYDRAULIC POWER DERIVED FROM THE WATERS OF THE RIVER SHANNON AND FOR THE DISTRIBUTION AND SUPPLY BY THE STATE OF THE ELECTRICITY SO GENERATED AND FOR OTHER MATTERS INCIDENTAL THERETO OR ARISING IN THE COURSE THEREOF OR IN CONNECTION THEREWITH. [4th July, 1925.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— Definitions.

1.—In this Act— the expression “the Minister” means the Minister for Industry and Commerce; the word “contractor” means a person doing work for the Minister under a contract or agreement made under this Act by him with the Minister; the expression “local authority” means and includes a county council, a county or other borough council, an urban district council, and the commissioners of a town.

Minister may undertake production of electricity.

2.—The Minister may undertake the production and generation of electricity by means of hydraulic power derived from the waters of the River Shannon and the distribution and supply of the electricity so produced, and such undertaking is in this Act referred to as “the undertaking.”

General powers of Minister.

3.—(1) The Minister may for the purpose of the undertaking do all or any of the following things, that is to say:— (a) acquire, construct, or otherwise provide and maintain houses or other dwelling accommodation and canteens, clubs, and other places of refreshment or recreation for persons employed (whether by the Minister or a contractor) in the construction of works, the management, working, or conduct of the undertaking, or the doing of any other act or thing which the Minister is authorised by this Act to do; (b) impound, hold up, divert, take, and use the waters of the River Shannon and any river or stream tributary thereto and any lake, pond, or canal thereon or connected thereto; (c) embank, dam, dredge, deepen, widen, straighten, divert, and otherwise alter the River Shannon or any river or stream tributary thereto; (d) 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 Shannon; (e) remove, or alter, repair, construct, and maintain such sluices, weirs, dams, embankments, and other works as may be necessary for or incidental to the doing of any of the things mentioned in the foregoing paragraphs; (f) construct and maintain generating stations, powerhouses, transformer stations, and other stations and places for generating, transforming, storing, or otherwise dealing with electricity; (g) 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 foregoing paragraph, but so that, until the Oireachtas otherwise determines, the capacity of the machinery, plant, and equipment so provided for generating electricity shall not exceed one hundred thousand horse-power; (h) construct, maintain and work railways and tramways (whether worked by steam, internal combustion, or electric power), docks, and piers; (i) construct and maintain lines for the transmission of electricity at any voltage above, on, or under any public or private land or water, or any road, street, way, railway, tramway, or dock, or any natural or artificial waterway or harbour; (j) break-up the surface of and lay and maintain mains in, and erect and maintain poles and other supports (with or without electricity transformers) on any place above, on, or under which the Minister is by this Act authorised to construct lines for the transmission of electricity; (k) close, divert, or remove any public or private street, road, way, or bridge;

(l) 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 he 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; (m) do any act or thing which may be necessary for or incidental to the doing of anything which he is by this sub-section authorised to do.

Minister may acquire land, etc., compulsorily.

4.—(1) For the purpose of the undertaking or the doing of anything which the Minister is by this Act authorised to do (whether the Minister does such thing himself or by a contractor) the Minister may do all or any of the following things, that is to say:— (a) compulsorily acquire (either permanently or temporarily) any lands or premises; (b) compulsorily acquire (either permanently or temporarily) any easement, way-leave, water-right, fishing right, or other right over or in respect of any lands, premises, or water; (c) compulsorily terminate, restrict, or otherwise interfere with (either permanently or temporarily) any easement, way-leave, water-right, fishing right, or other right existing over or in respect of any lands, premises, or water; (d) compulsorily divert, close, remove, or otherwise interfere with (either permanently or temporarily) any public or private road, way, or bridge, or any canal or other artificial water-way or any artificial water-course.

Ascertainment of price or compensation.

5.—(1) The amount of the price or compensation to be paid by the Minister for lands and premises compulsorily acquired (whether permanently or temporarily) by him 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 compulsorily acquired (whether permanently or temporarily) by him 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 .

Tribunal to fix price or compensation.

6.—(1) Whenever the amount of any price or compensation is by virtue of this Act to be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , such price or compensation shall be so fixed by one or more arbitrators appointed under this section in lieu of an official arbitrator appointed under that Act, and all references in that Act to an official arbitrator shall be construed as references to an arbitrator or arbitrators appointed under this section.

Minister may delegate construction, etc., of railway on tramway.

7.—(1) The Minister may arrange with any local authority or other public body or any company either— (a) that such authority, body or company will at their own expense construct, maintain, and work or construct or maintain or work any railway or tramway which the Minister is by this Act authorised to construct, maintain, and work, or (b) that the Minister will construct, maintain, and work or construct or maintain or work any such railway or tramway for and at the expense of such authority, body, or company.

Minister may improve navigation of rivers, etc.

8.—(1) The Minister may construct all such embankments, piers, wharves, locks, sluices, and other works and do such dredging, straightening, deepening, widening, and other things for the improvement of the navigation of the River Shannon or any river or stream tributary thereto, or any lake thereon or connected therewith as may be incidental or ancillary to the undertaking or can in the opinion of the Minister be conveniently constructed or done in the course of the doing of any other thing which the Minister is authorised by this Act to do.

Minister may drain lands.

9.—(1) The Minister may construct such works and do all such things for the purpose of draining or improving by drainage any lands adjacent to or in the neighbourhood of the River Shannon or any river or stream tributary thereto or any lake, pond, or other water thereon or connected thereto as may be incidental or ancillary to the undertaking or can in the opinion of the Minister be conveniently constructed or done in the course of the doing of any other thing which the Minister is authorised by this Act to do.

Deposits of plans, etc.

10.—(1) As soon as may be after the passing of this Act and not later than one month before commencing any particular civil constructional works under this Act or, for that purpose, entering on any lands or premises or exercising any right or interfering with any property, corporeal or incorporeal, under this Act, the Minister shall cause maps, plans, and books of reference in relation to those works to be deposited as hereinafter mentioned.

Provision of money for undertaking.

11.—(1) The Minister for Finance may, subject to the limitation hereinafter imposed, advance out of the Central Fund or the growing produce thereof such sums as may be required by the Minister for Industry and Commerce for the purpose of the undertaking or the doing of anything which he is by this Act authorised to do or for the payment of any price, compensation or other moneys which shall by virtue of this Act become payable by him.

Disposal of surplus lands, etc.

12.—Whenever any lands, premises, or other property real or personal, acquired or purchased by the Minister under this Act or any works constructed by or for the Minister or under any arrangement made with the Minister under this Act— (a) were so acquired, purchased, or constructed for the purpose of the execution of works authorised by this Act and, in the opinion of the Minister, have ceased to be required for that purpose and will not be required for the purposes of the undertaking when completed, or (b) have for any other reason become, in the opinion of the Minister, surplus to and unnecessary for the undertaking, the Minister may sell, lease, or otherwise dispose of such lands, premises, property, or works for the benefit of the Exchequer in such manner and upon such terms as the Minister with the approval of the Minister for Finance shall think proper.

Supply of electricity.

13.—(1) Subject to the sanction of the Minister for Finance given either generally or for any particular case, the Minister may supply, during the construction under this Act of works for the purpose of the undertaking, on such terms and conditions as he thinks proper to any person, whether for his own use or for re-sale, any quantity of electricity produced by the undertaking during such construction of works.

Lands benefited by drainage, etc., to be charged with certain payments.

14.—(1) If and whenever the Minister is of opinion that any lands or premises have been benefited by way of drainage, protection from flooding, or improvement of water supply by reason of any works executed by the Minister under this Act, the Minister may, by notice in writing served on or sent by prepaid post to the rated occupier and (if he can be found) the reputed proprietor of such lands or premises, require that such lands or premises be charged with the payment to the Minister of a capital sum equal to the amount by which the capital value of such lands or premises has been increased by reason of such benefit.

Protection of ancient monuments.

15.—If and whenever the execution of any works under this Act would or might involve the destruction or injury of or any interference with any ancient monument which in the opinion of the Minister is of public interest by reason of the historical, traditional, archæological, or artistic interest attaching thereto, the Minister may with the consent of the Commissioners of Public Works in Ireland by order constitute the said Commissioners guardians of such monument under the Ancient Monuments Protection Acts, 1882 and 1892, and thereupon such Acts shall apply to such monument and the said Commissioners shall take such steps whether by removal and re-erection, raising, embanking or otherwise as they shall consider necessary for the protection of such monument.

Protection of fisheries.

16.—When constructing works under this Act it shall not be obligatory on the Minister or any contractor to comply with the Fisheries (Ireland) Acts, 1842 to 1909, but the Minister shall take and make or, in the case of works executed for him by a contractor procure that the contractor shall take and make such precautions and provisions as the Minister, after consultation with the Minister for Fisheries, shall consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the construction of any works under this Act, unless the Minister after such consultation as aforesaid is satisfied that such protection cannot be afforded or such injury cannot be avoided without substantial detriment to the works or substantial hindrance to their construction.

Protection of postal and telegraphic services.

17.—(1) Neither the Minister nor any contractor executing works for him 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 unless the Minister for Industry and Commerce after consultation with the Minister for Posts and Telegraphs— (a) is of opinion that compliance with the foregoing provisions of this sub-section would be substantially detrimental to the undertaking or would materially hinder the construction of the works necessary therefor; and (b) gives to the Minister for Posts and Telegraphs six months notice (or such shorter notice as the said Minister shall accept) in writing, of the matters and things in respect of which it is intended not to comply with the said provisions of this sub-section.

Protection of public roads and bridges.

18.—If and whenever the execution of any works under this Act 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 works involves the closing of the road or bridge to traffic the Minister 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 Minister shall at or before the completion of the works either restore the 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 Minister 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, by affording an improved means of communication or otherwise, the Minister 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 such county or urban roads (as the case may be) and shall be paid by such council to the Minister; (d) if any doubt, dispute or question shall arise as to whether the Minister in the construction, maintenance or restoration of any temporary or permanent road or bridge pursuant to this section has complied with the provisions of this section, or as to whether a permanent new bridge constructed by the Minister 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 conclusive and final.

Service of notices.

19.—Any notice required by this or any other Act to be served on or sent or given to any person for any purpose in relation to the undertaking shall be sufficiently served, sent, or given, if sent by registered post in an envelope addressed to such person at his last known place of abode and shall be deemed to have been so served, sent, or given at the time at which such envelope would be delivered in the ordinary course of post at the place to which it is addressed.

Short title.

20.—This Act may be cited as the Shannon Electricity Act, 1925.

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