Turf Development Act, 1946
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Interference with public roads, railways and water-ways. |
22.—(1) Subject to subsections (2) and (3) of this section the Board, for the purpose of exercising or performing any of its functions, may construct such works (including works interfering with public roads, public bridges, railways and inland waterways and including bridges over inland waterways) as appear to the Board necessary for the exercise or performance of those functions. | |
(2) The Board shall not exercise any of its powers under this section except with the consent of the Minister. | ||
(3) Where the Board intend to construct, in exercise of its powers under this section, any works interfering with a public road or bridge or a railway or an inland waterway or a bridge over an inland waterway, the Board shall, before commencing to construct such works, give at least one month's notice in writing of their intention to— | ||
(a) in case the proposed works will interfere with a public road or bridge, the local authority charged with the maintenance of the road or bridge, or | ||
(b) in case the proposed works will interfere with a railway, the company by whom the railway is operated, or | ||
(c) in case the proposed works will interfere with an inland waterway or a bridge over an inland waterway, the person by whom the inland waterway is operated. | ||
(4) Where the Board, in exercise of its powers under this section, erect a bridge over an inland waterway, the property of a canal undertaker, within the meaning of Chapter VI of Part VI of the Transport Act, 1944 (No. 21 of 1944), the following provisions shall have effect:— | ||
(a) no compensation shall be payable under this Act or otherwise to such canal undertaker in respect of any loss suffered or likely to be suffered by the canal undertaker by reason of the fact that traffic which would otherwise be carried by the canal undertaker by means of the inland waterway is thereafter carried or is likely to be carried over the bridge; | ||
(b) if such bridge is a movable bridge, the Minister may make regulations in relation to its user and the Board shall comply with such regulations; | ||
(c) if it appears to the Minister that such inland waterway has sustained damage by reason of the existence or user of such bridge, the Minister shall require the Board to make good at their own cost such damage and the Board shall comply with such requisition. |