Cement Act, 1933

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CEMENT ACT, 1933.

ARRANGEMENT OF SECTIONS

Part I.

PRELIMINARY AND GENERAL.

Section

Section 1

Short title.

Section 2

Commencement of Act.

Section 3

Definitions.

Section 4

Non-application of the Control of Manufactures Act, 1932.

Section 5

Prosecution of offences.

Section 6

Regulations.

Section 7

Expenses.

Part II.

CONTROL OF MANUFACTURE OF CEMENT.

Section 8

Restriction on manufacture of cement.

Section 9

Standard of Portland cement.

Section 10

Applications for cement manufacture licences.

Section 11

Grant of cement manufacture licence.

Section 12

Form and operation of cement manufacture licences.

Section 13

Attachment of conditions to cement manufacture licences.

Section 14

Breach of conditions of cement manufacture licence.

Section 15

Payment of fair wages.

Section 16

Revocation of cement manufacture licences.

Part III.

COMPULSORY ACQUISITION OF LAND FOR THE PURPOSES OF CEMENT FACTORIES.

Section 17

“Land.”

Section 18

Compulsory acquisition orders.

Section 19

Applications for compulsory acquisition orders.

Section 20

Restriction on making compulsory acquisition orders.

Section 21

Provisions in relation to compulsory acquisition orders.

Section 22

Local inquiries.

PART IV.

CONSTRUCTION, MAINTENANCE AND OPERATION OF TRANSPORT WORKS.

Section 23

Transport works.

Section 24

Applications for orders authorising transport works.

Section 25

Deposit of draft order and notice of application.

Section 26

Fees on applications.

Section 27

Local inquiries into applications for transport works order.

Section 28

Grant of transport works order.

Section 29

Provisions of transport works orders.

Section 30

Amendment of transport works order.

Section 31

Laying of orders before Houses of the Oireachtas.

PART V.

IMPORTATION OF CEMENT.

Section 32

Restriction on importation of cement.

Section 33

Applications for import licences.

Section 34

Grant of import licences.

Section 35

Operation of import licences.

Section 36

Fees in respect of import licences.

Section 37

Collections, etc., of fees on import licences.

Section 38

Revocation of import licences.

Section 39

Periodical publication of particulars in relation to import licences.

Section 40

Application of Customs Acts.

Act Referred to Control of Manufactures Act, 1932 No. 21 of 1932 Number 17 of 1933.

CEMENT ACT, 1933.

AN ACT TO MAKE PROVISION FOR THE CONTROL AND REGULATION OF THE MANUFACTURE OF CEMENT AND OF THE IMPORTATION OF CEMENT AND TO PROVIDE FOR THE COMPULSORY ACQUISITION OF LAND AND FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF TRANSPORT WORKS FOR THE PURPOSES OF SUCH MANUFACTURE. [27th July, 1933.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Cement Act, 1933.

Commencement of Act.

2.—This Act shall come into operation on such day as may be fixed for that purpose by order of the Minister.

Definitions.

3.—(1) In this Act— the expression “the Minister” means the Minister for Industry and Commerce; the word “cement” means Roman cement, Portland cement or any other hydraulic cement; the word “prescribed” means prescribed by regulations made by the Minister under this Act.

Non-application of the Control of Manufactures Act, 1932.

4.—The Control of Manufactures Act, 1932 (No. 21 of 1932), shall not apply to the process of manufacturing cement or the adapting for sale at a factory of any cement manufactured at such factory.

Prosecution of offences.

5.—Any offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

Regulations.

6.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.

Expenses.

7.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II.

Control of Manufacture of Cement.

Restriction on manufacture of cement.

8.—(1) It shall not be lawful for any person to manufacture, by way of trade or for the purposes of gain, cement in Saorstát Eireann unless— (a) such person is the holder of a licence (in this Part of this Act referred to as a cement manufacture licence) granted by the Minister under this Part of this Act and such manufacture is carried on by such person within the area specified in such licence, or (b) such manufacture is carried on in direct succession to a deceased person who was at the date of his death manufacturing cement under a cement manufacture licence and such manufacture is carried on during the currency of such licence within the area specified in such licence, between the date of the death of such person and the grant of probate of his will or letters of administration of his personal estate, or after such grant by his personal representative in due course of administration, or (c) such manufacture is carried on by an assignee in bankruptcy, a trustee of an arranging debtor, or a receiver or manager appointed by a court in continuation of the business of a person who, immediately before such assignee, trustee, receiver or manager commenced to carry on such manufacture, was the holder of a cement manufacture licence authorising the manufacture of cement within the area where such manufacture is so carried on and such manufacture is carried on during the currency of such licence.

Standard of Portland cement.

9.—(1) The Minister shall, as soon as may be after the commencement of this Act, by order under this sub-section appoint by reference to quality the standard to which Portland cement manufactured by holders of cement manufacture licences is to conform.

Applications for cement manufacture licences.

10.—(1) Any person who proposes to manufacture cement may apply to the Minister for a cement manufacture licence.

Grant of cement manufacture licence.

11.—Whenever an application is made to the Minister for the grant of a cement manufacture licence, the Minister may, in his discretion, grant or refuse to grant to the applicant such licence.

Form and operation of cement manufacture licences.

12.—(1) Every cement manufacture licence shall be in the prescribed form and be expressed and operate to authorise the person who is for the time being the holder of such licence to manufacture cement within the area specified in such licence, but subject to the provisions of this Act relating to standard of Portland cement and to the conditions (if any) attached to such licence.

Attachment of conditions to cement manufacture licences.

13.—(1) Whenever the Minister grants a cement manufacture licence in respect of a particular area, the Minister may attach to such licence conditions in respect of all or any of the following matters, that is to say:— (a) the manufacture of cement within such area by the holder of such licence at one specified factory only; (b) the extent to which materials for the construction or adaptation by such holder of any factory within such area and the plant, equipment and apparatus of such factory shall be materials, plant, equipment and apparatus produced or manufactured in Saorstát Eireann; (c) the time within which such holder shall commence to manufacture cement within such area; (d) the maximum quantity of cement which may be manufactured in any year at the factory in such area at, which such holder manufactures cement; (e) the maximum quantity of cement manufactured at such-factory which may be sold in any year by such holder; (f) the minimum quantity of cement which may be manufactured in any year at such factory; (g) the maximum price which may be charged by such holder for any cement manufactured at such factory; (h) the mode of manufacture of cement at such factory; (i) the packing of cement manufactured at such factory; (j) the employment at such factory of nationals of Saorstát Eireann; (k) the extent to which the raw materials and articles used for the manufacture of cement at such factory shall be materials and articles produced or made in Saorstát Eireann; (l) the extent to which the capital invested in the business carried on under such licence is from time to time to be owned by nationals of Saorstát Eireann; (m) the extent to which the management of such business is from time to time to be controlled by nationals of Saorstát Eireann; (n) the transfer of such licence; (o) the returns to be made to the Minister by such holder; (p) the records to be kept at such factory and the production of such records for inspection by an officer of the Minister; (q) the powers of inspection of such factory by an officer of the Minister; (r) the right of taking samples of cement manufactured at such factory.

Breach of conditions of cement manufacture licence.

14.—If any person who is the holder of a cement manufacture licence fails, neglects, or refuses to observe or comply with any of the conditions attached to such licence, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and in the case of a continuing offence a further fine not exceeding fifty pounds for every day during which the offence is continued.

Payment of fair wages.

15.—(1) The wages paid by the holder of a cement manufacture licence to persons employed by him for the purposes of the business authorised by such licence shall not be less than would be payable if such business were carried on under a contract between the Minister and such holder containing a fair wage clause similar to that for the time being contained in contracts made by Ministers and Government Departments.

Revocation of cement manufacture licences.

16.—(1) The Minister may at any time revoke a cement manufacture licence on the application of the holder of such licence.

PART III.

Compulsory Acquisition of Land for the Purposes of Cement Factories. “Land.”

17.—In this Part of this Act the word “land” includes easements and profits á prendre.

Compulsory acquisition orders.

18.—Where the Minister is satisfied that a person who is the holder of a cement manufacture licence is unable to acquire by agreement any land which, in the opinion of the Minister, is necessary for the purposes of the business authorised by such licence, the Minister may, on the application of such person, but subject to the provisions of this Part of this Act, make if he so thinks fit, an order (in this Part of this Act referred to as a compulsory acquisition order) putting into force as respects such land the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement.

Applications for compulsory acquisition orders.

19.—(1) Every application for a compulsory acquisition order shall— (a) be in the prescribed form; (b) contain the prescribed particulars of the land in respect of which the order is sought, and the names and addresses of the occupiers, lessees and owners of such land; (c) contain particulars of the efforts made by the applicant to acquire such land by agreement; (d) contain such other particulars as may be prescribed.

Restriction on making compulsory acquisition orders.

20.—(1) The Minister shall not make a compulsory acquisition order until the expiration of the period of six weeks from the date of the application for such order and until he has considered any representations received by him before the expiration of such period.

Provisions in relation to compulsory acquisition orders.

21.—The following provisions shall have effect in relation to every compulsory acquisition order, that is to say:— (a) such order shall be expressed and operate to put in force, as respects the land specified therein, the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement; (b) such order shall be in the prescribed form and shall contain such provisions as the Minister shall think necessary and proper for the purpose of carrying the order into effect, and shall incorporate, subject to the necessary adaptations, the Lands Clauses Acts (except the provisions thereof relating to superfluous land and access to the special Act), but subject to this modification that any question of disputed compensation shall be determined by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 ; (c) in construing, for the purposes of this section or such order, any enactment incorporated with such order, this section together with such order shall be deemed to be the special Act and the person upon whose application such order was made shall be deemed to be the promoters of the undertaking.

Local inquiries.

22.—(1) For the purposes of considering an application for a compulsory acquisition order the Minister may appoint an officer of the Minister to hold a public inquiry into such application in the locality in which the land the subject of such application is situate, and the applicant and all persons interested in such lands shall be entitled to appear and be heard at any such inquiry.

PART IV.

Construction, Maintenance and Operation of Transport Works.

Transport works.

23.—Each of the following works shall be transport works for the purposes of this Part of this Act, that is to say:— (a) a railway; (b) a tramway; (c) an aerial ropeway; (d) any other works for the transport of goods.

Applications for orders authorising transport works.

24.—(1) The holder of a cement manufacture licence may apply to the Minister for an order (in this Part of this Act referred to as a transport works order) under this Part of this Act authorising him to construct, maintain, and operate, for the purposes of the business authorised by such licence, transport works of a particular kind.

Deposit of draft order and notice of application.

25.—(1) Whenever an application is made for a transport works order the applicant shall forthwith do the following things, that is to say:— (a) deposit and keep deposited at the place or at each of the places appointed by the Minister a copy of the draft order, the plan and the book of reference to such plan, which accompanied the application; (b) publish a notice in such newspaper or newspapers as the Minister may direct, of the making of such application and of the deposit of a copy of such draft order, plan and book of reference, and the place of such deposit.

Fees on applications.

26.—(1) There shall be paid to the Minister by the applicant for a transport works order such fee as the Minister, with the sanction of the Minister for Finance, may fix.

Local inquiries into applications for transport works order.

27.—(1) Whenever an application is made to the Minister for a transport works order the Minister shall appoint an officer of the Minister to hold a public inquiry into such application in the locality in which it is proposed to construct the transport works the subject of the application, and the applicant, every owner, lessee and occupier of the land on or over which it is proposed to construct such transport works, every local authority within whose area such works are intended to pass, and every other person who, in the opinion of such officer, is substantially interested in the subject matter of such inquiry shall be entitled to appear and be heard at such inquiry.

Grant of transport works order.

28.—After the completion of a public inquiry under the immediately preceding section into an application for a transport works order the Minister shall consider such application and the report of the officer who made such inquiry, and if, after such consideration, the Minister is of opinion that the application should be granted, the Minister shall make an order authorising the applicant to construct, maintain, and operate the transport works specified in such order and such order shall have effect accordingly.

Provisions of transport works orders.

29.—The following provisions shall have effect in relation to every transport works order granted to the holder of a cement manufacture licence, that is to say:— (a) such order shall contain such provisions as the Minister thinks necessary or expedient for carrying such order into effect; (b) without prejudice to the generality of the foregoing paragraph, such order may contain provisions for the compulsory acquisition of any land the acquisition of which is necessary for giving effect to such order, and shall contain provisions for the grant by the Minister of any rights the grant of which is necessary for giving effect to such order; (c) such order shall contain provisions in relation to the payment of compensation in respect of any land so acquired or of any rights so granted; (d) such order shall provide that any question of disputed compensation shall be determined by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 ; (e) such order shall specify the manner in which the transport works to which such order relates are to be constructed, maintained, and operated; (f) such order shall contain provisions limiting the use of such transport works to purposes relating to the business authorised by such licence and to such other purposes, in addition to the purposes aforesaid, as may be specified in such order; (g) such order shall contain all such provisions as the Minister thinks proper for the protection of the public; (h) such order shall contain such other provisions, in addition to the foregoing provisions, as the Minister considers necessary and proper.

Amendment of transport works order.

30.—The Minister may, if he so thinks proper, amend by order a transport works order.

Laying of orders before Houses of the Oireachtas.

31.—Every order made by the Minister under this Part of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling such order is passed by either House of the Oireachtas within the next subsequent ten days on which that House has sat after such order is so laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

PART V.

Importation of Cement.

Restriction on importation of cement.

32.—(1) It shall not be lawful for any person to import any cement into Saorstát Eireann unless— (a) such person is the holder of a licence (in this Part of this Act referred to as an import licence) granted by the Minister under this Part of this Act authorising him to import cement, and (b) such cement is of the nature and quality specified in such licence, and (c) such cement does not exceed in quantity the amount specified in such licence, and (d) such cement is manufactured in the country specified in that behalf in such licence, and (e) such cement is imported direct from the country specified in that behalf in such licence, and (f) such cement is imported through the port specified in such licence, and (g) such cement is imported within the time specified in such licence.

Applications for import licences.

33.—(1) Any person who proposes to import into Saorstát Eireann any cement may apply to the Minister for the grant to him of an import licence to import such cement.

Grant of import licences.

34.—(1) The Minister may refuse an application for an import licence on any one or more of the following grounds and on no other ground whatsoever, that is to say:— (a) that the applicant has not complied with the provisions of the immediately preceding section, or (b) that the applicant has been convicted of an offence under the immediately preceding section, or (c) that, having regard to the existing stocks of cement in Saorstát Eireann and the quantity (if any) of cement about to be imported under import licences already issued, it is not in his opinion expedient to grant such licence.

Operation of import licences.

35.—Every import licence shall operate and be expressed to authorise the licensee under such licence to import into Saorstát Eireann from the country, through the port, and within the time specified in the application for such licence, cement manufactured in the country specified in that behalf in such application and of the nature and quality and of the amount specified in such application.

Fees in respect of import licences.

36.—(1) There shall be payable in respect of every import licence a fee calculated by reference to the number of tons of cement authorised by such licence to be imported, and at such rate per ton as the Minister may, with the concurrence of the Minister for Finance, fix in respect of such licence.

Collections, etc., of fees on import licences.

37.—All fees received by the Minister under this Part of this Act in respect of import licences shall be collected and accounted for in such manner as shall be prescribed by the Minister with the sanction of the Minister for Finance.

Revocation of import licences.

38.—(1) The Minister may, on the application of the licensee under an import licence, revoke such licence.

Periodical publication of particulars in relation to import licences.

39.—(1) The Minister shall as soon as may be after the expiration of every appointed period publish in the Iris Oifigiúil— (a) in case no import licence has been granted during such period, a notice to that effect; and (b) in case any import licence or licences has or have been granted during such period, a notice stating in respect of each such licence the following particulars, namely:— (i) the name and address of the licensee; (ii) the rate fixed by the Minister for the purpose of the calculation of the fee payable under this Part of this Act in respect of such licence; (iii) the quantity of cement authorised by such licence to be imported; (iv) the nature and quality of such cement; (v) the country in which such cement was manufactured; (vi) the country from which such cement is authorised by such licence to be imported; (vii) the port in Saorstát Eireann through which such cement is authorised by such licence to be imported.

Application of Customs Acts.

40.—Cement prohibited to be imported by virtue of this Part of this Act shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876 , and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.

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