Local Government (Roads and Drainage) Act, 1968

Local Government (Roads and Drainage) Act, 1968 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 1968 Local Government (Roads and Drainage) Act, 1968 Local Government (Roads and Drainage) Act, 1968 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 Print Full ActPriontáil an tAcht Iomlán Number 6 of 1968 LOCAL GOVERNMENT (ROADS AND DRAINAGE) ACT, 1968 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Council of county may construct roads, reconstruct or improve non-maintained roads and carry out drainage works, in certain circumstances. 3. Expenses of executing works under this Act. 4. Grants by Minister of State. 5. Expenses of administration of a Minister of State. 6. Short title. Number 6 of 1968 LOCAL GOVERNMENT (ROADS AND DRAINAGE) ACT, 1968 AN ACT TO ENABLE THE COUNCIL OF A COUNTY TO CARRY OUT CERTAIN WORKS IN RELATION TO CERTAIN ROADS, TO CARRY OUT CERTAIN DRAINAGE WORKS, TO PROVIDE FOR THE MAKING OF GRANTS BY THE STATE IN RELATION TO THOSE WORKS AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [26th March, 1968.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Interpretation. 1.—In this Act— “non-maintained road” means any road other than a road the responsibility for the maintenance of which lies on the council of a county, the corporation of a county or other borough, or the council of an urban district; “owner”, in relation to land, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person is entitled to receive the rack rent of the land or, where land is not let at a rack rent, would be so entitled if it were so let and “owned” shall be construed accordingly; “road” means a road, pathway, avenue or any other means of access and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall forming or to form part of the road. Council of county may construct roads, reconstruct or improve non-maintained roads and carry out drainage works, in certain circumstances. 2.—(1) In case a grant under section 4 is allocated by a Minister of State to the council of a county, the council may make and carry out an agreement for the construction of a road or the reconstruction or improvement of the whole or any part of a non-maintained road situate wholly or partly within their county, provided that one of the following requirements is complied with, namely: (a) the road or portion thereof is, or in case the agreement provides for the construction of a road, the road or portion thereof when constructed will be, used as a means of access to parcels of land of which at least two are owned or occupied by different persons, (b) the road or portion thereof is, or in case the agreement provides for the construction of a road, the road or portion thereof when constructed will be, used— (i) by two or more persons as a means of access in relation to the lawful removal of turf or sea-weed, or the exercise of turbary or any other profit à prendre, or (ii) as a means of access in relation to the removal of turf for consumption in an electricity generating station to which this section applies, (c) the road or portion thereof in the opinion of the council is, or in case the agreement provides for the construction of a road, the road or portion thereof when constructed will be, used by the public. (2) In case a grant under section 4 is allocated by a Minister of State to the council of a county, the council may make and carry out an agreement for the execution of drainage works situate wholly or partly within their county provided that either of the following requirements is complied with, namely: (a) the works will, when completed, wholly or partly serve parcels of land of which at least two are owned or occupied by different persons, (b) the works will, when completed, wholly or partly serve a bog— (i) in relation to which two or more persons may exercise turbary or otherwise lawfully remove turf, or (ii) on which turf is, or is intended to be, produced for consumption in an electricity generating station to which this section applies. (3) An agreement under this section may provide for the making by— (a) in the case of an agreement for the execution of works relating to land of which the relevant council of a county is either the owner or the occupier—any party to the agreement, or (b) in any other case—any party to the agreement other than the council of a county, of a contribution towards the expenses mentioned in section 3 and incurred in carrying out works under the agreement. (4) This section applies to any electricity generating station which is turf-fired, the generating capacity of which does not exceed five megawatts and which was completed before the passing of this Act. Expenses of executing works under this Act. 3.—The expenses (including, as respects administrative expenses, only such administrative expenses as the Minister of State by whom the relevant grant was made under section 4 may from time to time determine) incurred by the council of a county in executing works under this Act shall, in so far as they cannot be met out of contributions (if any) made on foot of the relevant agreement, be met out of a grant under section 4. Grants by Minister of State. 4.—A Minister of State may, out of moneys provided by the Oireachtas and subject to such terms and conditions (if any) as the Minister thinks fit to impose, make to the council of a county a grant for the purposes of section 3 provided that in case the Minister is not the Minister for Finance such grant shall be made only with the consent of the Minister for Finance. Expenses of administration of a Minister of State. 5.—The expenses incurred by a Minister of State in the administration of this Act shall be defrayed out of moneys provided by the Oireachtas provided that in case the Minister is not the Minister for Finance such expenses shall be defrayed only to such extent as may be sanctioned by the Minister for Finance. Short title. 6.—This Act may be cited as the Local Government (Roads and Drainage) Act, 1968. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais