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17 1933

CEMENT ACT, 1933

PART IV.

Construction, Maintenance and Operation of Transport Works.

Transport works.

23. —Each of the following works shall be transport works for the purposes of this Part of this Act, that is to say:—

(a) a railway;

(b) a tramway;

(c) an aerial ropeway;

(d) any other works for the transport of goods.

Applications for orders authorising transport works.

24. —(1) The holder of a cement manufacture licence may apply to the Minister for an order (in this Part of this Act referred to as a transport works order) under this Part of this Act authorising him to construct, maintain, and operate, for the purposes of the business authorised by such licence, transport works of a particular kind.

(2) Every application for a transport works order shall be accompanied by a draft of the proposed order, a plan, in the prescribed form, of the proposed transport works and a book of reference, in the prescribed form, to such plan.

Deposit of draft order and notice of application.

25. —(1) Whenever an application is made for a transport works order the applicant shall forthwith do the following things, that is to say:—

(a) deposit and keep deposited at the place or at each of the places appointed by the Minister a copy of the draft order, the plan and the book of reference to such plan, which accompanied the application;

(b) publish a notice in such newspaper or newspapers as the Minister may direct, of the making of such application and of the deposit of a copy of such draft order, plan and book of reference, and the place of such deposit.

(2) Any person may inspect at all reasonable hours the copy of any draft order, plan, or book of reference deposited under this section.

Fees on applications.

26. —(1) There shall be paid to the Minister by the applicant for a transport works order such fee as the Minister, with the sanction of the Minister for Finance, may fix.

(2) All fees received by the Minister under this section shall be collected and accounted for in such manner as shall be prescribed by the Minister with the sanction of the Minister for Finance.

Local inquiries into applications for transport works order.

27. —(1) Whenever an application is made to the Minister for a transport works order the Minister shall appoint an officer of the Minister to hold a public inquiry into such application in the locality in which it is proposed to construct the transport works the subject of the application, and the applicant, every owner, lessee and occupier of the land on or over which it is proposed to construct such transport works, every local authority within whose area such works are intended to pass, and every other person who, in the opinion of such officer, is substantially interested in the subject matter of such inquiry shall be entitled to appear and be heard at such inquiry.

(2) Evidence given before an officer of the Minister appointed to hold an enquiry under this section shall, if such officer so requires, be given on oath (which such officer is hereby empowered to administer) and any person who gives false evidence before any such officer shall be guilty of perjury and punishable accordingly.

Grant of transport works order.

28. —After the 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, the Minister is of opinion that the application should be granted, the Minister shall make an order authorising the applicant to construct, maintain, and operate the transport works specified in such order and such order shall have effect accordingly.

Provisions of transport works orders.

29. —The following provisions shall have effect in relation to every transport works order granted to the holder of a cement manufacture licence, that is to say:—

(a) such order shall contain such provisions as the Minister thinks necessary or expedient for carrying such order into effect;

(b) without prejudice to the generality of the foregoing paragraph, such order may contain provisions for the compulsory acquisition of any land the acquisition of which is necessary for giving effect to such order, and shall contain provisions for the grant by the Minister of any rights the grant of which is necessary for giving effect to such order;

(c) such order shall contain provisions in relation to the payment of compensation in respect of any land so acquired or of any rights so granted;

(d) such order shall provide that any question of disputed compensation shall be determined by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919;

(e) such order shall specify the manner in which the transport works to which such order relates are to be constructed, maintained, and operated;

(f) such order shall contain provisions limiting the use of such transport works to purposes relating to the business authorised by such licence and to such other purposes, in addition to the purposes aforesaid, as may be specified in such order;

(g) such order shall contain all such provisions as the Minister thinks proper for the protection of the public;

(h) such order shall contain such other provisions, in addition to the foregoing provisions, as the Minister considers necessary and proper.

Amendment of transport works order.

30. —The Minister may, if he so thinks proper, amend by order a transport works order.

Laying of orders before Houses of the Oireachtas.

31. —Every order made by the Minister under this Part of this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling such order is passed by either House of the Oireachtas within the next subsequent ten days on which that House has sat after such order is so laid before it, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.