Cement (Amendment) Act, 1938

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CEMENT (AMENDMENT) ACT, 1938.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Section 1

Short title and citation.

Section 2

Definition and construction.

Section 3

Repeals.

Section 4

Expenses.

PART II.

Amendment of Part IV of the Principal Act.

Section 5

Amendment of section 24 of the Principal Act.

Section 6

Amendment of Section 25 of the Principal Act.

Section 7

Amendment of section 26 of the Principal Act.

Section 8

Amendment of section 28 of the Principal Act.

Section 9

Provisions in relation to transport works order.

Section 10

Regulations in relation to maintenance and operation of transport works.

Section 11

Regulations in relation to use of electrical power.

Section 12

Cement manufactured in a particular country.

PART III.

Importation of Cement.

Section 13

Restriction on importation of cement.

Section 14

Import (cement) licences.

Section 15

Fees in respect of import (cement) licences.

Section 16

Return of import (cement) licences.

Section 17

Revocation of import licences.

Section 18

Repayment of licence fees.

SCHEDULE.

Acts Referred to Cement Act, 1933 No. 17 of 1933 Finance Act, 1937 No. 18 of 1937 Number 11 of 1938.

CEMENT (AMENDMENT) ACT, 1938.

AN ACT TO AMEND PART IV OF THE CEMENT ACT, 1933 , TO MAKE OTHER PROVISIONS FOR REGULATING AND CONTROLLING THE IMPORTATION OF CEMENT, TO PROVIDE FOR THE PAYMENT OF FEES IN RESPECT OF LICENCES TO IMPORT CEMENT, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [13th April, 1938.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title and citation.

1.—(1) This Act may be cited as the Cement (Amendment) Act, 1938.

Definition and construction.

2.—(1) In this Act the expression “the Principal Act” means the Cement Act, 1933 (No. 17 of 1933).

Repeals.

3.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

Expenses.

4.—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.

Amendment of Part IV of the Principal Act.

Amendment of section 24 of the Principal Act.

5.—

Section 24

of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (2), and the said section shall be construed and have effect accordingly, that is to say:— “(2) Every application for a transport works order shall be accompanied by a draft of the proposed order, a plan of the proposed transport works and book of reference to such plan, and such draft, plan and book of reference shall be in such form as the Minister may direct.”

Amendment of Section 25 of the Principal Act.

6.—Sub-section (1) of section 25 of the Principal Act is hereby amended by the insertion at the end thereof of the following new paragraph, and the said section shall be construed and have effect accordingly, that is to say:·— “(c) send to such persons (if any) as the Minister may direct a copy of such draft order, plan and book of reference.”

Amendment of section 26 of the Principal Act.

7.—

Section 26

of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (2), and the said section shall be construed and have effect accordingly, that is to say:— “(2) The following provisions shall have effect in relation to all fees payable under this section, that is to say:— (a) such fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance; (b) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.”

Amendment of section 28 of the Principal Act.

8.—

Section 28

of the Principal Act is hereby amended in the following respects, and shall be construed and have effect accordingly, that is to say:— (a) by the insertion after the words “such consideration” of the words “and after consultation with the Minister for Local Government and Public Health,”; and (b) by the substitution of the words “in such manner, subject to such restrictions and provisions and on such terms and conditions as the Minister thinks proper and specifies in such order” for the words “and such order shall have effect accordingly”.

Provisions in relation to transport works order.

9.—(1) The following provisions shall have effect in relation to a 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 the purpose of such order; (b) without prejudice to the generality of paragraph (a) of this sub-section— (i) such order may contain provisions authorising such holder to acquire compulsorily any land the acquisition of which is, in the opinion of the Minister, necessary for giving effect to such order, (ii) such order may grant to such holder any rights in or over land or water, or in or over any public road the grant of which is, in the opinion of the Minister, necessary for giving effect to such order, (iii) such order shall, in respect of any land so acquired or any right over land or water so granted, provide for the payment of compensation by such holder to the several persons having estates or interests in such land or water, and shall provide that any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , (iv) such order may incorporate all or any of the provisions of the Lands Clauses Acts, with such modifications and adaptations as the Minister thinks proper, (v) such order shall specify the manner in which the transport works to which such order relates are to be constructed, (vi) such order may contain provisions as to the manner in which such transport works are to be operated and maintained, (vii) such order shall contain provisions limiting the use of such transport works to purposes relating to the business authorised by such cement manufacture licence and to such other purposes (if any) as may be specified in such order, (viii) such order shall contain all such provisions as the Minister thinks proper for the protection of the public generally and any persons affected by such order, (ix) such order may provide that where such holder acts in contravention (whether by commission or omission) of any specified provision of such order, such holder shall be guilty of an offence under such order and shall be liable on summary conviction thereof to such fine (not exceeding one hundred pounds) as may be specified in such order in respect of such offence and, in the case of a continuing offence, such further fine (not exceeding twenty pounds) as may be specified in such order in respect of such offence for each day during which such offence is continued after conviction thereof,

(x) such order may incorporate any provisions (including penal provisions) contained in any enactment relating to railways, with such adaptations and modifications as the Minister thinks proper, (xi) such order may provide for the determination by arbitration of any specified questions arising thereunder, (xii) such order may contain such provisions ancillary or incidental to any of the matters aforesaid as the Minister considers necessary and proper.

Regulations in relation to maintenance and operation of transport works.

10.—Where the Minister has (whether before or after the passing of this Act) made a transport works order authorising a person (in this section referred to as the authorised person) to construct, maintain and operate transport works of a particular kind, the following provisions shall have effect, that is to say:— (a) the Minister may make regulations (not inconsistent with, such order) in relation to the manner in which such transport works are to be maintained and operated by the authorised person and by any other person operating such works on behalf of the authorised person; (b) if the authorised person or such other person acts in contravention (by omission or commission) of such regulations, the authorised person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for each day during which the offence is continued after conviction thereof.

Regulations in relation to use of electrical power.

11.—Where the Minister has (whether before or after the passing of this Act) made a transport works order authorising a person (in this section referred to as the authorised person) to construct, maintain and operate transport works of a particular kind and has by such order authorised such transport works to be operated by electrical power, the following provisions shall have effect, that is to say:— (a) the Minister may, after consultation with the Electricity Supply Board, make such regulations as he may think fit for securing that the electrical power shall be used by the authorised person and by any other person operating such works on behalf of the authorised person with all reasonable and proper precautions against danger to the public or damage to the property of any person; (b) in making such regulations the Minister shall have regard to the expense occasioned thereby to the authorised person and to the effect thereof on the financial prospects of the authorised person; (c) if the authorised person or any other person operating such transport works on behalf of the authorised person uses such electrical power in contravention of such regulations, the authorised person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, a further fine of five pounds for each day during which the offence is continued after conviction thereof; (d) if in the opinion of the Minister the authorised or any person operating such transport works on behalf of the authorised person has used such electrical power in contravention of such regulations, whether the authorised person has or has not been convicted of an offence, or the Minister is satisfied that the use of such power is a danger to the public, he may by order require the authorised person to cease to exercise the powers conferred by such transport works order with respect to the use of electrical power and thereupon the authorised person shall cease to exercise such powers except with the consent of the Minister and subject to such terms and conditions as he thinks fit.

PART III.

Importation of Cement.

Cement manufactured in a particular country.

12.—(1) For the purposes of this Part of this Act, cement shall be deemed to have been manufactured in a particular country if, but only if, either— (a) the prescribed proportion of its value is derived from expenditure of a prescribed kind incurred in that country in respect of materials produced or work done in that country, or (b) the prescribed operations connected with its production have been carried out in that country.

Restriction on importation of cement.

13.—(1) It shall not be lawful for any person to import any cement unless— (a) such cement is imported under and in accordance with a licence issued by the Minister under this Part of this Act; or (b) such cement is imported for the purposes only of transit and subsequent exportation.

Import (cement) licences.

14.—(1) On the application of any person made in such form and containing such particulars as the Minister may direct, the Minister may, if he thinks fit, issue to such person a licence (in this Part of this Act referred to as an import (cement) licence) to import within a specified period a specified quantity of cement.

Fees in respect of import (cement) licences.

15.—(1) There shall be payable to the Minister in respect of every import (cement) 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, and the payment of such fee shall be a condition precedent to the issue of such licence.

Return of import (cement) licences.

16.—(1) The licensee under an import (cement) licence shall, not later than twenty-eight days after the date on which the period specified in such licence expires or the date on which the quantity of cement authorised by such licence to be imported is imported, whichever of the said dates is the later, return such licence to the Minister.

Revocation of import licences.

17.—The Minister may, on the application of the licensee under an import (cement) licence or under a licence granted by the Minister under Part V of the Principal Act, revoke such licence.

Repayment of licence fees.

18.—(1) Where the Minister revokes an import licence, he shall repay to the licensee the fee paid by him in respect of such licence.

SCHEDULE.

Enactments Repealed.

No. and Year.

Short Title.

Extent of Repeal.

No. 17 of 1933.

Cement Act, 1933 .

Sub-section (2) of section 24 ; sub-section (2) of section 26 ; section 29 ;

Part V.

No. 18 of 1937.

Finance Act, 1937 .

Section 13

.

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