The Limerick Harbour (Bridge) Act, 1963

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Number 1 (Private) of 1963.

THE LIMERICK HARBOUR (BRIDGE) ACT, 1963.

ARRANGEMENT OF SECTIONS

Number 1 (Private) of 1963.

THE LIMERICK HARBOUR (BRIDGE) ACT, 1963.

AN ACT TO LIMIT THE DUTIES AND LIABILITIES OF THE LIMERICK HARBOUR COMMISSIONERS IN RELATION TO AN EXISTING BRIDGE OVER THE RIVER SHANNON AND TO PROVIDE FOR COMPENSATION IN CERTAIN CIRCUMSTANCES. [12th June, 1963.]

Preamble.

WHEREAS by a local and personal Act of 1823 entitled “An Act for the erection of a bridge across the River Shannon and of a floating dock to accommodate sharp vessels frequenting the port of Limerick” the Limerick Bridge Commissioners were incorporated for the purpose of erecting such bridge and floating dock;

AND WHEREAS to the intent that the navigation of the River Shannon might receive no prejudice it was provided by the said Act of 1823 that the bridge so to be erected or built under the authority of the said Act should be so constructed and built as that there should remain a free and open passage for ships and vessels to pass up and down the said river on the south side or end of the said bridge through, at, or near the said bridge; and that for such purpose there should be on the said bridge so to be built or on the bank immediately adjoining the south end thereof one or more swivel bridge or drawbridge or bridges so as to admit of vessels passing up and down the said river near the south bank thereof from the parts thereof above the said bridge to the parts thereof below the said bridge and the contrary;

AND WHEREAS the said bridge (then known by the name of “the Wellesley Bridge” and now known as “Sarsfield Bridge”) and a swivel bridge in connection therewith were in pursuance of the said Act erected in or about the year 1825;

AND WHEREAS by virtue of an order of the Commissioners of Public Works bearing the date the 22nd day of March 1883 and made in pursuance of the provisions of the Wellesley Bridge (Limerick) Act, 1882 and of such provisions the said swivel bridge and the approaches thereto by water were vested in the Limerick Harbour Commissioners (in this Act called the Commissioners) for the use of the public and it was the duty of the Commissioners to maintain the same in good repair and condition and to work the same in such manner as to afford adequate accommodation to shipping and persons using the said bridge;

AND WHEREAS by an Act entitled “The Limerick Harbour (Bridge) Act, 1913” the Commissioners were authorised to make and maintain a new swivel bridge and approaches for vehicular and pedestrian traffic across the River Shannon in substitution for the said swivel bridge and the said Act provided that all powers rights duties and liabilities enjoyed by or imposed on the Commissioners at the date of the passing of the Act in connection with or in anywise concerning the swivel bridge or the approaches thereto by road or by water or the works in connection therewith and all byelaws in force at said date should be deemed to apply and should apply to the new swivel bridge and the approaches thereto and the works in connection therewith;

AND WHEREAS the said new swivel bridge was in pursuance of the last recited Act erected in or about the year 1923 and has been since and still is in use;

AND WHEREAS up to and including the 8th day of February 1927 the said new swivel bridge was from time to time opened by the Commissioners for the purpose of enabling ships and vessels to pass up and down the River Shannon to and from two quays on the east side of the bridge known as Honan's Quay and McGuire's Quay;

AND WHEREAS the new swivel bridge has not been opened for the passage of a ship or vessel since the month of February 1927;

AND WHEREAS Sarsfield Bridge and the new swivel bridge carry the main stream of vehicular traffic across the River Shannon to and from Shannon Airport and to and from the West of Ireland and the traffic by road over the new swivel bridge has increased greatly;

AND WHEREAS the opening of the said swivel bridge would cause a serious disruption of such traffic by road and pedestrian traffic;

AND WHEREAS it is expedient in the interests of the public travelling by road that the Commissioners should be relieved of their duty to open the said new swivel bridge for the passage of ships and vessels;

AND WHEREAS the purposes of this Act cannot be effected without the authority of the Oireachtas.

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—In this Act unless the subject or context otherwise requires:—

the expression “the Commissioners” means the Limerick Harbour Commissioners;

the expression “the new swivel bridge” means the swivel bridge authorised by the Limerick Harbour (Bridge) Act, 1913.

Restriction of Commissioners' liability in respect of swivel bridge.

2.—From and after the passing of this Act and notwithstanding anything contained in any other Act the Commissioners shall not be under any liability to open the new swivel bridge for the passage of ships or vessels or to maintain or repair the said swivel bridge in such a manner as to render the same capable of being opened.

Compensation.

3.—(1) Where this Act has the effect of curtailing or terminating a legal right of any person (including, in particular, a right of navigation, whether or not conferred by statute), such person may, within twelve months after the passing of this Act, make to the Commissioners a claim for compensation in respect of such curtailment or termination and he shall be entitled to be paid compensation therefor by the Commissioners and, in default of being paid such compensation when the amount thereof has been agreed upon or has been determined under this section, to recover it from the Commissioners in any court of competent jurisdiction.

(2) In default of agreement, the amount of any compensation payable by the Commissioners under this section shall be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 (as amended by subsequent enactments) as if the compensation were the price of land compulsorily acquired and the arbitrator shall have jurisdiction to determine whether compensation is, in the circumstances, payable at all.

(3) Such compensation shall be paid by the Commissioners out of any moneys for the time being in their hands.

Expenses.

4.—All costs, charges and expenses preliminary to and of and incidental to the preparing, applying for and passing of this Act or otherwise in relation thereto shall be paid by the Commissioners out of any monies for the time being in their hands.

Short title and collective citation.

5.—(1) This Act may be cited as the Limerick Harbour (Bridge) Act, 1963.

(2) This Act, the Wellesley Bridge (Limerick) Act, 1882, the Limerick Harbour (Bridge) Act, 1913 and the Act 4 George IV Cap XCIV may be cited together as the Limerick Harbour (Bridge) Acts, 1823-1963.