Coast Protection Act, 1963
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Payment of certain amounts to the Commissioners. |
26.—(1) Where a determination under paragraph (a) of subsection (1) of section 4 or a declaration under paragraph (a) of subsection (1) of section 5 of this Act is made, the Commissioners shall serve on the promoting authority by post a notice stating the amount certified by the Commissioners as being the amount of the costs and expenses incurred by the Commissioners in respect of the preliminary examination and demanding payment by the promoting authority to the Commissioners of one-half of that amount. | |
(2) Where a declaration under paragraph (a) of subsection (1) of section 8, a declaration under subparagraph (i) of paragraph (a) of subsection (3) or subsection (6) of section 10 or an order under paragraph (a) of subsection (5) of section 10 of this Act is made, the Commissioners shall serve on the promoting authority by post a notice stating the amount certified by the Commissioners as being the amount of the costs and expenses incurred by the Commissioners in relation to the coast protection scheme and demanding payment by the promoting authority to the Commissioners of one-half of that amount. | ||
(3) Where the Commissioners carry out maintenance or improvements referred to in section 20 or comply with a direction referred to in paragraph (c) of subsection (2) of section 23 of this Act, they shall serve on the promoting authority by post a notice stating the amount certified by the Commissioners as being the amount of the costs and expenses incurred by the Commissioners in carrying out the maintenance, improvements or direction and demanding payment by the promoting authority to the Commissioners of that amount. | ||
(4) The amount demanded by a notice served under this section shall be payable to the Commissioners by the promoting authority and, in default of payment, shall be recoverable as a simple contract debt in any court of competent jurisdiction. | ||
(5) (a) Where the Commissioners carry out maintenance or improvements at Rosslare Strand, subsections (3) and (4) of this section shall apply as if the maintenance or improvements were referred to in section 20 of this Act and the council of the county of Wexford were the promoting authority. | ||
(b) In the foregoing paragraph— | ||
the reference to maintenance at Rosslare Strand shall be construed as a reference to maintenance in proper repair and effective condition of the coast protection works at Rosslare Strand in the county of Wexford which were commenced by the Commissioners in the year 1957; | ||
the reference to improvements at Rosslare Strand shall be construed as a reference to any improvements to those works executed by the Commissioners which appear to them to be minor matters properly capable of being regarded as maintenance. | ||
(6) If, in a case in which a notice is served under subsection (1) or subsection (2) of this section, the land and other property being damaged or liable to be endangered by encroachment of the sea are situate partly in the functional area of the promoting authority and partly in the functional area of another local authority or the functional areas of other local authorities, the other local authority or each other local authority shall make, to the amount demanded by the notice, a contribution of such amount as may be agreed upon between them and the promoting authority or, in default of agreement, may be fixed by the Minister for Local Government. | ||
(7) If, in a case in which a notice is served under subsection (3) of this section, a local authority or local authorities contributed pursuant to paragraph (a) of subsection (1) of section 17 of this Act, that local authority or each of those local authorities shall make, to the amount demanded by the notice, a contribution of such amount as may be agreed upon between them and the promoting authority or, in default of agreement, may be fixed by the Minister for Local Government. | ||
(8) If, in a case in which a notice is served under subsection (3) of this section, a harbour authority or harbour authorities contributed pursuant to paragraph (c) of subsection (1) of section 17 of this Act, that harbour authority or each of those harbour authorities shall make, to the amount demanded by the notice, a contribution of such amount as may be agreed upon between them and the promoting authority or, in default of agreement, may be fixed by the Minister for Local Government after consultation with the Minister for Transport and Power. |