Telecommunications Services (Ducting and Cables) Act 2018
I gCúirt
This law transfers ownership of certain telecommunications ducting and cables, along with related legal rights, to the Minister for Communications, Climate Action and Environment. It also sets out provisions for compensation for affected landowners.
Cad a rialaíonn sé
- Aistriú úinéireachta duchtanna agus cáblaí teileachumarsáide chuig an Aire.
- Aistriú leasanna dlíthiúla áirithe a bhaineann leis na duchtanna agus na cáblaí sin.
- Sásraí cúitimh do laghdú luacha talún de bharr an aistrithe seo.
- Oibleagáidí áirithe a bhaineann leis na duchtanna agus na cáblaí.
Cé a bhaineann sé leis
- An tAire Cumarsáide, Gníomhaithe Aeráide agus Comhshaoil.
- Daoine aonair nó eintitis a bhfuil úinéireacht nó leasanna dlíthiúla acu i nduchtanna agus cáblaí teileachumarsáide nó i dtalamh ar a bhfuil siad suite.
Príomhphointí
- Aistrítear úinéireacht duchtanna agus cáblaí atá suite ar, os cionn nó faoi thalamh ar an "bealach" chuig an Aire.
- Aistrítear leasanna dlíthiúla áirithe, a bhí ag GNI roimhe seo, chuig an Aire ar an "lá dílsithe" chun críocha teileachumarsáide.
- Féadfaidh úinéirí cúiteamh a éileamh as laghdú ar luach talún de bharr an aistrithe leasanna dlíthiúla, agus caithfear éileamh a dhéanamh laistigh de 3 bliana ón lá dílsithe.
- Déanfar cúiteamh a chinneadh trí thagairt don difríocht idir luachanna réamhtheachtacha agus iartheachtacha na talún.
Legal text
Telecommunications Services (Ducting and Cables) Act 2018 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
- ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
- ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2018 Telecommunications Services (Ducting and Cables) Act 2018 Telecommunications Services (Ducting and Cables) Act 2018 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 4 of 2018 TELECOMMUNICATIONS SERVICES (DUCTING AND CABLES) ACT 2018 CONTENTS 1. Definitions 2. Vesting of ownership of ducting and cables in Minister 3. Vesting of certain legal interests in Minister 4. Compensation for diminution in value of land 5. Compensation for loss, etc., and regulations 6. Performance of functions 7. Application of section 72 of Registration of Title Act 1964 8. Deposited map 9. Notice of vesting day 10. Giving of notices 11. Laying of regulations and order 12. Expenses 13. Short title and commencement SCHEDULE 1 Legal Interests Vested in Minister under section 3
- a)part of any such ducting and cables, or (
- b)any apparatus, equipment or other thing (or part thereof) which is ancillary to such ducting and cables or any of them whether moveable or permanent or which assists in the inspection, placement, maintenance, repair, replacement, rendering unusable or servicing of such ducting and cables or any of them, and references to “ducting” and “cables” shall be construed accordingly; “emergency” means any event or circumstance or combination of events or circumstances that is occurring, has occurred or may occur which adversely affects or may adversely affect the safety or operational integrity of the ducting and cables; “GNI” means Gas Networks Ireland being a designated activity company (within the meaning of the Companies Act 2014 ) incorporated in the State (registered number 555744) and having its registered office at Gasworks Road, Cork; “legal interest” has the meaning given to it by section 11
- a)the antecedent value of the land is the amount which the land if sold in the open market by a willing seller immediately before the vesting day might have been expected to realise, and (
- b)the subsequent value of the land is the amount which the land if sold in the open market by a willing seller immediately after the vesting day might be expected to realise.
- b)There shall be no interest paid on compensation where— (
- i)the Minister makes an unconditional offer in writing of any sum as compensation to the owner concerned, (
- ii)such offer is not accepted by the owner to whom it is made, and (iii) the sum awarded as compensation by the official arbitrator does not exceed the sum so offered.
- a)make good any loss or damage caused to an owner as a consequence of the performance by the Minister of the functions to which this section applies, or reimburse the owner the reasonable costs and expenses of such making good, and (
- b)as appropriate, pay to an owner reasonable compensation for any loss, damage, disturbance or injury, caused to the owner as a consequence of the performance by the Minister of the functions to which this section applies, together with interest payable on the amount of such compensation at such rate as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine from time to time for the purposes of this section, from the date on which the claim is made to the date of payment thereof.
- a)the matters or classes of matters in respect of which the scheme shall apply; (
- b)the form and manner in which a claim for compensation may be made; (
- c)the provision by the claimant of evidence and other information in support of his or her claim and the verification of such evidence and information.
- a)publish on the Department’s website and in such other manner as the Minister considers appropriate, and (
- b)make available on request copies of, the scheme or schemes of compensation made under subsection
- a)Any dispute or claim arising out of or in connection with a claim for compensation under this section shall be referred, by notice in writing from either party, to the decision of a single arbitrator as may be nominated by agreement between the parties to the arbitration, or failing such agreement, not later than 21 days after a notice in writing given by one of the parties to the arbitration, by the President for the time being of the Law Society of Ireland. (
- b)Every reference to arbitration made pursuant to paragraph (
- a)shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 2010 .
- a)other than in the case of emergency, the period of notice to be given to the owner concerned before entering on land; (
- b)the form and manner in which notice shall be given under paragraph (
- a); (
- c)the information to be included in a notice under paragraph (a), including, but not limited to— (
- i)entry points, (
- ii)the programme of work, (iii) the date of commencement of work, (
- iv)the supervision of work, (
- v)the contact details of the person to whom queries regarding work may be addressed, (
- vi)the preparation of a written record of the condition of the land concerned to be agreed with the owner concerned before the commencement of work, (vii) reinstatement of land to a condition equivalent to that existing before the commencement of work, (viii) completion of work, (
- ix)the precautions to be taken, after consultation with the owner concerned, to prevent livestock straying, and (
- x)any other matter which may restrict or otherwise affect the owner’s use or enjoyment of the land concerned; (
- d)other than in the case of emergency, consultation with the owner concerned before giving notice under paragraph (a), and the form and manner of such consultation; (
- e)the reasonable steps to be taken to— (
- i)minimise any restrictions on use or enjoyment of land as a consequence of the performance of the functions to which this section applies, (
- ii)minimise any damage to land, and (iii) make good within a reasonable time any loss or damage caused to land as a consequence of the performance of the functions to which this section applies or reimburse the owner the reasonable costs and expenses of such making good; (
- f)such other matters relating to the performance of the functions to which this section applies as the Minister considers appropriate.
- a)apply to such class or classes of persons, work or cases as may be specified in the regulations, and (
- b)contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. Performance of functions 6. The functions conferred on the Minister by this Act may be performed by such of his or her servants, officers, agents, contractors or licensees and all other persons as may be appointed or authorised by the Minister to act in that behalf. Application of section 72 of Registration of Title Act 1964 7. Section 72 of the Registration of Title Act 1964 shall apply to the legal interests vested in the Minister under section 3 in the same manner and to the like extent as the said section 72 applies to any other burden which affects registered land without registration. Deposited map 8.
- a)Prima facie evidence of the deposited map or any specified part of it may be given in any court or any legal proceedings by the production of a copy of it purporting to be certified to be a copy by an officer of the Minister, authorised by the Minister, in that behalf. (
- b)It shall not be necessary to prove the signature of the officer referred to in paragraph (
- a)or that he or she was in fact such officer or was so authorised for the purposes of this subsection. Notice of vesting day 9.
- a)publish once each week in 2 successive weeks in Iris Oifigiúil and in at least one local newspaper and in a national daily newspaper, published in the State and circulating in the area in which any part of the route is located or, if there is no local newspaper circulating in the area concerned, in at least 2 such national daily newspapers, (
- b)subject to subsection
- a)the vesting day, (
- b)that certain legal interests shall vest in the Minister under this Act for the purpose of the performance by the Minister of his or her functions for telecommunications purposes, (
- c)that the deposited map is available for inspection as provided for by section 8 , and (
- d)that any owner claiming compensation under section 4 shall submit his or her claim to the Minister at an address specified in the notice within the period specified in that section.
- a)by delivering it to the person; (
- b)by leaving it at the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address; (
- c)by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address; (
- d)where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice relates to land, by delivering it to a person over the age of 16 years resident or employed at the lands, or by affixing it in a conspicuous position at or near the lands; (
- e)by electronic means, in a case in which the person has given notice in writing to the person giving the notice concerned of his or her consent to the notice (or notices of a class to which the notice belongs) being given to him or her in that manner.
- a)take all reasonable precautions to avoid obstruction or interference with the user of land and damage and injury thereto, and (
- b)so far as is reasonably practicable and with all practicable speed, make good all damage or injury to land caused by the performance by the Minister of those functions. 2. So far as is reasonably practicable and so long as the ducting and cables are used for or in connection with the performance by the Minister of any of his or her functions for telecommunications purposes, the Minister shall keep the ducting and cables in proper repair and condition, and upon permanent abandonment of the ducting and cables (of which notice shall be given to the owner by the Minister)— (
- a)render the same permanently safe, and (
- b)surrender back the same vested in the Minister by this Act to the owner. 3. The Minister shall indemnify and keep indemnified the owner, his or her servants, agents, licences and invitees against all sums in respect of loss or damage, claims, demands, costs and expenses which the owner shall become legally liable to pay as compensation for accidental bodily injury or accidental loss of or damage to property where such injury or damage is caused by, arises from, is traceable to or connected with the performance by the Minister, his or her servants, officers, agents, contractors, licensees or any other persons appointed or authorised by the Minister to act in that behalf of all or any of the functions conferred on the Minister by this Act, other than in consequence of any malicious act or omission of the owner, provided that the owner shall not settle or compromise any action, claim or demand without the prior consent of the Minister. 4. The Minister shall pay all rates and taxes which may be imposed on an owner in respect of the ducting and cables or the legal interests vested in the Minister under section 3 and any increased rates, taxes or insurance premiums which may be imposed on the owner, in respect of land of that owner adjoining his or her land that consists of any part of the route, by virtue of the existence of the ducting and cables. 5. The Minister shall not do or cause deliberately or recklessly permit or suffer to be done anything calculated or likely to cause damage or injury to the Mayo-Galway pipeline. 6.
- a)do or cause deliberately or recklessly permit or suffer to be done anything calculated or likely to cause damage or injury to the ducting and cables, (
- b)without the prior consent in writing of the Minister (which shall not be unreasonably withheld), make or cause or recklessly permit or suffer to be made any material alteration to or any deposit of anything upon any part of the route so as to interfere with or obstruct the access thereto or to the ducting and cables by the Minister or so as to lessen or in any way interfere with the support afforded to the ducting and cables by the surrounding soil including minerals or so as materially to reduce the depth of soil above the ducting and cables, (
- c)erect or install or cause or recklessly permit or suffer to be erected or installed any building or structure or permanent apparatus or the carrying out of any works on, over or beneath the surface of the route or the making of any material change in the use of the route which would be likely to cause damage or injury to the ducting and cables, (
- d)plant or grow within 7 metres of the centre line of the ducting and cables any poplar trees, willow trees, ash trees, beech trees, conifers, horse chestnut trees, lime trees, maple trees, sycamore trees, apple trees or pear trees, or any other trees of a similar size (whether deciduous or evergreen), (
- e)allow any shrubs or hedges planted on the route to grow to a height exceeding 4 metres.
- a)to (
- c)of subparagraph