Telecommunications Services (Ducting and Cables) Act 2018

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Compensation for loss, etc., and regulations

5. (1) In this section “functions to which this section applies” means all or any of the functions conferred on the Minister by this Act.

(2) The Minister shall, in accordance with a scheme or schemes of compensation made for the purposes of this section—

(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.

(3) The Minister shall, with the consent of the Minister for Public Expenditure and Reform, make a scheme or schemes of compensation providing for the payment of compensation referred to in subsection (2) including but not limited to provision for the following:

(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.

(4) The Minister may amend or revoke and replace by a subsequent scheme or schemes a scheme or schemes of compensation made under subsection (3).

(5) The Minister shall lay before each House of the Oireachtas a scheme of compensation made under subsection (3), including an amendment to a scheme made under subsection (4), as soon as practicable after it has been made.

(6) The Minister shall—

(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 (3) or any amendment to such a scheme or schemes of compensation made under subsection (4).

(7) (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 .

(8) The provisions of the Arbitration Act 2010 applicable to arbitrations referred to in section 29 of that Act shall apply to an arbitration referred to in subsection (7).

(9) The Minister shall, for the purpose of the performance of the functions to which this section applies, make regulations providing for all or any of the following:

(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.

(10) Regulations under this section shall—

(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.