Air Navigation and Transport (Amendment) Act, 1998
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Protection of public roads, bridges and tunnels. |
21.—(1) The company may, in exercise of the functions assigned to it by section 16 , compulsorily acquire, open, break up, divert, close, remove, alter the level of, or otherwise interfere with, any public road, approach, bridge or tunnel. | |
(2) If and whenever the exercise by the company of functions conferred on it by section 16 involves the closure to traffic of any public road, approach, bridge or tunnel the company shall, with the prior consent in writing of the relevant road authority, either— | ||
(a) construct and maintain a temporary road, approach, bridge or tunnel (whether on land owned by the company or not) in the immediate vicinity of such public road, approach, bridge or tunnel or at some other convenient location capable of carrying, for the duration of such closure, traffic of such volume and character as would normally use the said public road, approach, bridge or tunnel, or | ||
(b) prescribe an alternative route to be used by traffic for the duration of such closure. | ||
(3) The company shall, at or before the completion of such works giving rise to a closure referred to in subsection (1), with the prior consent in writing of the relevant road authority, do one or more of the following things, that is to say— | ||
(a) restore the closed road, approach, bridge or tunnel, | ||
(b) construct a new permanent road, approach, bridge or tunnel in the same or some other convenient location capable of carrying traffic of such volume and character as the said public road, approach, bridge or tunnel was, before its closure, capable of carrying and not substantially less convenient in gradient and curve than such closed road, approach, bridge or tunnel, or | ||
(c) improve (by reconstruction, widening or otherwise) an existing alternative road, approach, bridge or tunnel so that it will be capable of carrying the traffic which is likely to use it and will not be substantially less convenient in gradient and curve than the said closed public road, approach, bridge or tunnel. | ||
(4) Where the company constructs a permanent road, approach, bridge or tunnel conferring substantially greater advantage on users than the original public road, approach, bridge or tunnel, such road authority or road authorities as the Minister for the Environment and Local Government shall direct shall bear and pay to the company such portion of the cost of the construction of such road, approach, bridge or tunnel and, in the case of two or more such road authorities, in such proportions as the said Minister, after consultation with the company, shall direct. | ||
(5) Where the construction of a new road or approach by the company involves the construction of an embankment or similar work or of a bridge or tunnel and the Minister for the Environment and Local Government is of the opinion that part of the cost of maintaining such embankment, similar work, bridge or tunnel (other than the road surface) should be borne by the company, the company shall pay such portion of the said cost as the said Minister, after consultation with the company, directs. | ||
(6) A consent in writing under this section shall not be unreasonably withheld and may be given subject to such conditions as are specified in the consent. | ||
(7) The company may enter into an agreement with a road authority for the doing by such road authority of anything which the company is authorised by subsection (1) to do and may further agree to make to such road authority payment for or towards the cost of the doing of such thing by such road authority. |