Industrial Alcohol Act, 1938

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Transport works orders.

30.—(1) After completion of a public inquiry under the immediately preceding section into an application for a transport works order the Minister shall consider such application and the report of the officer who made such inquiry, and if, after such consideration and after consultation with the Minister for Local Government and Public Health, the Minister is of opinion that the application should be granted, the Minister shall make a transport works order authorising the Company to construct, maintain, and operate the transport works specified therein 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.

(2) The following provisions shall have effect in relation to every transport works order, that is to say:—

(a) such order shall contain such provisions as the Minister thinks necessary or expedient for the purposes of such order;

(b) without prejudice to the generality of paragraph (a) of this sub-section—

(i) such order may contain provisions authorising the Company 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 the Company 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 the Company 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 of the Company 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 the Company acts in contravention (whether by commission or omission) of any specified provision of such order, the Company 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.

(3) The Minister may by order amend any transport works order.

(4) Every order made under this section shall have the force of law.

(5) All expenses incurred by the Minister in the exercise of his powers and functions under a transport works order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the Company.