No. 17/1933:

CEMENT ACT, 1933

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY GENERAL

1 Short title.

2 Commencement of Act.

3 Definitions.

4 Non-application of the Control of Manufactures Act, 1932.

5 Prosecution of offences.

6 Regulations.

7 Expenses.

PART II CONTROL OF MANUFACTURE OF CEMENT

8 Restriction on manufacture of cement.

9 Standard of Portland cement.

10 Applications for cement manufacture licences.

11 Grant of cement manufacture licence.

12 Form and operation of cement manufacture licences.

13 Attachment of conditions to cement manufacture licences.

14 Breach of conditions of cements manufacture licence.

15 Payment of fair wages.

16 Revocation of cement manufacture licences.

PART III COMPULSORY ACQUISITION OF LAND FOR THE PURPOSES OF CEMENT FACTORIES

17 "Land".

18 Compulsory acquisitions orders.

19 Applications compulsory acquisition orders.

20 Restriction on making compulsory acquisition orders.

21 Provisions in relation to compulsory acquisition orders.

22 Local inquiries.

PART IV CONSTRUCTION, MAINTENANCE AND OPERATION OF TRANSPORT WORKS

23 Transport works.

24 Applications for orders authorising transport works.

25 Deposit of draft order and notice of application.

26 Fees on applications.

27 Local inquiries into application for transport works order.

28 Grant of transport works order.

29 Provisions of transport works orders.

30 Amendment of transport works order.

31 Laying of orders before Houses of the Oireachtas.

PART V IMPORTATION OF CEMENT

32 Restriction on importation of cement.

33 Applications for import licences.

34 Grant of import licences.

35 Operation of import licences.

36 Fees in respect of import licences.

37 Collections, etc, of few on import licences.

38 Revocation of import licences.

39 Periodical publication of particulars in relation to import licences.

40 Application of Customs Acts.

AN ACT TO MAKE PROVISION FOR THE CONTROL AND REGULATION OF THE MANUFACTURE OF CEMENT AND OF THE IMPORTATION OF CEMENT AND TO PROVIDE FOR THE COMPULSORY ACQUISITION OF LAND AND FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF TRANSPORT WORKS FOR THE PURPOSES OF SUCH MANUFACTURE.

[27th July, 1933.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I PRELIMINARY GENERAL

1.—This Act may be cited as the Cement Act, 1933 .

2.—This Act shall come into operation on such day as may be fixed for that purpose by order of the Minister.

3.—(1) In this Act

the expression "the Minister" means the Minister for Industry and Commerce;

the word "cement" means Roman cement, Portland cement or any other hydraulic cement;

the word "prescribed" means prescribed by regulations made by the Minister under this Act.

(2) Each of the following persons shall for the purposes of this Act be a national of Saorstát Eireann, that is to say:—

( a ) a person born in Saorstát Eireann or in the area now comprised in Saorstát Eireann;

( b ) a person who at the relevant time is and for not less than five consecutive years immediately preceding that time has been ordinarily resident in Saorstát Eireann.

4.—The Control of Manufactures Act, 1932 (No. 21 of 1932), shall not apply to the process of manufacturing cement or the adapting for sale at a factory of any cement manufactured at such factory.

5.—Any offence under any section of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

6.—The Minister may by order make regulations in relation to any matter or thing referred to in this Act as prescribed.

7.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II CONTROL OF MANUFACTURE OF CEMENT

8.—(1) it shall not be lawful for any person to manufacture, by way of trade or for the purposes of gain, cement in Saorstát Eireann unless—

( a ) such person is the holder of a licence (in this Part of this Act referred to as a cement manufacture licence) granted by the Minister under this Part of this Act and such manufacture is carried on by such person within the area specified in such licence, or

( b ) such manufacture is carried on in direct succession to a deceased person who was at the date of his death manufacturing cement under a cement manufacture licence and such manufacture is carried on during the currency of such licence within the area specified in such licence, between the date of the death of such person and the grant of probate of his will or letters of administration of his personal estate, or after such grant by his personal representative in due course of administration, or

( c ) such manufacture is carried on by an assignee in bankruptcy, a trustee of an arranging debtor, or a receiver or manager appointed by a court in continuation of the business of a person who, immediately before such assignee, trustee, receiver or manager commenced to carry on such manufacture, was the holder of a cement manufacture licence authorising the manufacture of cement within the area where such manufacture is so carried on and such manufacture is carried on during the currency of such licence.

(2) Every person who acts in contravention of this section shall be guilty of an offence, under this section and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds and in the case of a continuing offence a further fine not exceeding fifty pounds for every day during which the offence is continued.

(3) Where the manufacture of cement is being carried on by a person lawfully entitled, by virtue of paragraph (b) or paragraph (c) of sub-section (1) of this section, to carry on such manufacture in succession to a deceased person or in continuation of the business of a person who was the holder of a cement manufacture licence, such first mentioned person shall, for the purposes of the succeeding provisions of this Act, be deemed to be the holder of such licence.

9.—(1) The Minister shall, as soon as may be after the commencement of this Act, by order under this sub-section appoint by reference to quality the standard to which Portland cement manufactured by holders of cement manufacture licences is to conform.

(2) The Minister may from time to time by order under this sub-section amend the order made under the immediately preceding sub-section.

(3) Every order made by the Minister under this section 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.

(4) If any holder of a cement manufacture licence manufactures any Portland cement the quality of which does not conform to the standard for the time being appointed under this section, such holder shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

10.—(1) Any person who proposes to manufacture cement may apply to the Minister for a cement manufacture licence.

(2) The following provisions shall have effect in relation to applications for cement manufacture licences, that is to say—

( a ) every application shall be in the prescribed form and be made in the prescribed manner;

( b ) every application shall state—

(i) the area within which the applicant proposes to manufacture cement;

(ii) such other particulars as may be prescribed.

(3) Every person who applies for a cement manufacture licence shall, when required by the Minister so to do, furnish to the Minister all such information as the Minister may require for the consideration of such application.

(4) If any person in furnishing any information in pursuance of a requisition of the Minister under the immediately preceding sub-section, makes any statement which is false or misleading in any, material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence to a fine not exceeding fifty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds.

11.—Whenever an application is made to the Minister for the grant of a cement manufacture licence, the Minister may, in his discretion, grant or refuse to grant to the applicant such licence.

12.—(1) Every cement manufacture licence shall be in the prescribed form and be expressed and operate to authorise the person who is for the time being the holder of such licence to manufacture cement within the area specified in such licence, but subject to the provisions of this Act relating to standard of Portland cement and to the conditions (if any) attached to such licence.

(2) The Minister may, if he so thinks proper, on the application of the holder of a cement manufacture licence, alter the area specified in such licence.

13.—(1) Whenever the Minister grants a cement manufacture licence in respect of a particular area, the Minister may attach to such licence conditions in respect of all or any of the following matters, that is to say:—

( a ) the manufacture of cement within such area by the holder of such licence at one specified factory only;

( b ) the extent to which materials for the construction or adaptation by such holder of any factory within such area and the plant, equipment and apparatus of such factory shall be materials, plant, equipment and apparatus produced or manufactured in Saorstát Eireann;

( c ) the time within which such holder shall commence to manufacture cement within such area;

( d ) the maximum quantity of cement which may be manufactured in any year at the factory in such area of which such holder manufactures cement;

( e ) the maximum quantity of cement manufactured at such factory which may be sold in any year by such holder;

( f ) the minimum quantity of cement which may be manufactured in any year at such factory;

( g ) the maximum price which may be charged by such holder for any cement manufactured at such factory;

( h ) the mode of manufacture of cement at such factory;

( i ) the packing of cement manufactured at such factory;

( j ) the employment at such factory of nationals of Saorstát Eireann;

( k ) the extent to which the raw materials and articles used for the manufacture of cement at such factory shall be materials and articles produced or made in Saorstát Eireann;

( l ) the extent to which the capital invested in the business carried on under such licence is from time to time to be owned by nationals of Saorstát Eireann;

( m ) the extent to which the management of such business is from time to time to be controlled by nationals of Saorstát Eireann;

( n ) the transfer of such licence;

( o ) the returns to be made to the Minister by such holder;

( p ) the records to be kept at such factory and the production of such records for inspection by an officer of the Minister;

( q ) the powers of inspection of such factory by an officer of the Minister;

( r ) the right of taking samples of cement manufactured at such factory.

(2) Whenever the Minister attaches any conditions to a cement manufacture licence he shall specify such conditions in such licence.

(3) The Minister may, if he so thinks fit, on the application of the holder of a cement manufacture licence, alter any conditions attached to such licence.

14.—If any person who is the holder of a cement manufacture licence fails, neglects, or refuses to observe or comply with any of the conditions attached to such licence, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and in the case of a continuing offence a farther fine not exceeding fifty pounds for every day during which the offence is continued.

15.—(1) The wages paid by the holder of a cement manufacture licence to persons employed by him for the purposes of the business authorised by such licence shall not be less than would be payable if such business were carried on under a contract between the Minister and such holder containing a fair wage clause similar to that for the time being contained in contracts made by Ministers and Government Departments.

(2) If any person who is the holder of a cement manufacture licence acts in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

16.—(1) The Minister may at any time revoke a cement manufacture licence on the application of the holder of such licence.

(2) The Minister may, at any time, on his own motion, revoke a cement manufacture licence, if the holder of such licence has been convicted of an offence under any section contained in this Part of this Act.

PART III COMPULSORY ACQUISITION OF LAND FOR THE PURPOSES OF CEMENT FACTORIES

17.—In this Part of this Act the word "land" includes, easements and profits-á-prendre.

18.—Where the Minister is satisfied that a person who is the holder of a cement manufacture licence is unable to acquire by agreement any land which, in the opinion of the Minister, is necessary for the purposes of the business authorised by such licence, the Minister may, on the application of such person, but subject to the provisions of this Part of this Act, make if he so thinks fit, an order (in this Part of this Act referred to as a compulsory acquisition order) putting into force as respects such land the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement.

19.—(1) Every application for a compulsory acquisition order shall—

( a ) be in the prescribed form;

( b ) contain the prescribed particulars of the land in respect of which the order is sought, and the names and addresses of the occupiers, lessees and owners of such land;

( c ) contain particulars of the efforts made by the applicant to acquire such land by agreement;

( d ) contain Such other particulars as may be prescribed.

(2) Whenever an application for a compulsory acquisition order is sent to the Minister the applicant shall within the prescribed time to do the following things, that is to say:—

( a ) serve in the prescribed manner on such persons as may be prescribed copies of such application;

( b ) publish in such newspaper or newspapers as may be specified by the Minister notice of the making of such application.

(3) Any person who claims to be interested in any land the subject of an application for a compulsory acquisition order may make representations to the Minister in relation to such application.

20.—(1) The Minister shall not make a compulsory acquisition order until the expiration of the period of six weeks from the date of the application for such order and until he has considered any representations received by him before the expiration of such period.

(2) The Minister shall not make a compulsory acquisition order in relation to any land which at the date of the application therefor forms part of any park, demesne, garden or pleasure ground or forms part of the home farm attached to and occupied with a mansion house or is otherwise required for the amenity or convenience of any dwelling-house or is the property of any local authority or has been acquired by any corporation or company for the purposes of a railway, dock, canal, water, or other public undertaking or is the site of an ancient monument or is the site of any factory in respect of which a cement manufacture licence is in force.

21.—The following provisions shall have effect in relation to every compulsory acquisition order, that is to say:—

( a ) such order shall be expressed and operate to put in force, as respects the land specified therein, the provisions of the Lands Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement;

( b ) such order shall be in the prescribed form and shall contain such provisions as the Minister shall think necessary and proper for the purpose of carrying the order into effect, and shall incorporate, subject to the necessary adaptations, the Lands Clauses Acts (except the provisions thereof relating to superfluous land and access to the special Act), but subject to this modification 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;

( c ) in construing, for the purposes of this section or such order, any enactment incorporated with such order, this section together with such order shall be deemed to be the special Act and the person upon whose application such order was made shall be deemed to be the promoters of the undertaking.

22.—(1) For the purposes of considering an application for a compulsory acquisition order the Minister may appoint an officer of the Minister to hold a public inquiry into such application in the locality in which the land the subject of such application is situate, and the applicant and all persons interested in such lands shall be entitled to appear and be heard at any such inquiry.

(2) Evidence given before an officer of the Minister appointed to hold an inquiry under this section shall, if such officer so requires, be given on oath (which oath 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.

PART IV CONSTRUCTION, MAINTENANCE AND OPERATION OF 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.

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.

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.

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.

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.

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.

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.

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

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.

PART V IMPORTATION OF CEMENT

32.—(1) It shall not be lawful for any person to import any cement into Saorstát Eireann unless—

( a ) such person is the holder of a licence (in this Part of this Act referred to as an import licence) granted by the Minister under this Part of this Act authorising him to import cement, and

( b ) such cement is of the nature and quality specified in such licence, and

( c ) such cement does not exceed in quantity the amount specified in such licence, and

( d ) such cement is manufactured in the country specified in that behalf in such licence, and

( e ) such cement is imported direct from the country specified in that behalf in such licence, and

( f ) such cement is imported through the port specified in such licence, and

( g ) such cement is imported within the time specified in such licence.

(2) If any person imports into Saorstát Eireann any cement in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding one hundred pounds and, in the case of a second or any subsequent offence to a fine not exceeding two hundred pounds.

33.—(1) Any person who proposes to import into Saorstát Eireann any cement may apply to the Minister for the grant to him of an import licence to import such cement.

(2) Every application for an import licence shall—

( a ) be in the prescribed form;

( b ) state the following particulars:—

(i) the nature and quality of the cement proposed to be imported under such licence;

(ii) the quantity of such cement;

(iii) the country in which such cement was manufactured;

(iv) the country from which it is proposed to import such cement;

(v) the port in Saorstát Eireann through which it is proposed that such cement be imported;

(vi) the time within which it is proposed to import such cement;

(vii) such other particulars as may be prescribed.

(3) Every application for an import licence shall be accompanied by a statement in the prescribed form signed by the applicant stating the price of the cement proposed to be imported under such licence, such price being calculated as the price, after deduction of any discounts, rebates or other remissions allowed or agreed to be allowed, on delivery of such cement on the quay side of the port in Saorstát Eireann through which it is proposed to import such cement.

(4) If any statement sent with an application for an import licence in pursuance of the immediately preceding sub-section is false or misleading in any material respect, the person signing such statement shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

34.—(1) The Minister may refuse an application for an import licence on any one or more of the following grounds and on no other ground whatsoever, that is to say:—

( a ) that the applicant has not complied with the provisions of the immediately preceding section, or

( b ) that the applicant has been convicted of an offence under the immediately preceding section, or

( c ) that, having regard to the existing stocks of cement in, Saorstát Eireann and the quantity (if any) of cement about to be imported under import licences already issued, it is not in his opinion expedient to grant such licence.

(2) Where an application is made to the Minister for the grant of an import licence and such application is not refused, the Minister shall notify the applicant of the amount of the licence fee payable under this Part of this Act in respect of such licence and upon payment by the applicant to him of such fee the Minister shall grant such licence.

35.—Every import licence shall operate and be expressed to authorise the licensee under such licence to import into Saorstát Eireann from the country, through the port, and within the time specified in the application for such licence, cement manufactured in the country specified in that behalf in such application and of the nature and quality and of the amount specified in such application.

36.—(1) There shall be payable in respect of every import licence a fee calculated by reference to the number of tons of cement authorised by such licence to be imported, and at such rate per ton as the Minister may, with the concurrence of the Minister for Finance, fix in respect of such licence.

(2) Where the Minister has in any calendar month granted an import licence to import cement manufactured in a particular country and of a particular nature and quality through a particular port in Saorstát Eireann, and in the same calendar month subsequently grants any other import licence or licences to import cement manufactured in such country and of the like nature and quality through such port the rate per ton fixed in respect of such other import licence or licences shall be the same as that fixed in respect of such first mentioned import licence.

37.—All fees received by the Minister under this Part of this Act in respect of import licences shall be collected and accounted for in such manner as shall be prescribed by the Minister with the sanction of the Minister for Finance.

38.—(1) The Minister may, on the application of the licensee under an import licence, revoke such licence.

(2) Where the Minister revokes an import licence, he shall repay to the licensee under such licence the fee paid under this Part of this Act in respect of such licence.

39.—(1) The Minister shall as soon as may be after the expiration of every appointed period publish in the Iris Oifigiúil-

( a ) in case no import licence has been granted during such period, a notice to that effect; and

( b ) in case any import licence or licences has or have been granted during such period, a notice stating in respect of each such licence the following particulars, namely:—

(i) the name and address of the licensee;

(ii) the rate fixed by the Minister for the purpose of the calculation of the fee payable under this Part of this Act in respect of such licence;

(iii) the quantity of cement authorised by such licence to be imported;

(iv) the nature and quality of such cement;

(v) the country in which such cement was manufactured;

(vi) the country from which such cement is authorised by such licence to be imported;

(vii) the port in Saorstát Eireann through which such cement is authorised by such licence to be imported.

(2) Each of the following periods shall be an appointed period for the purposes of this section, that is to say:—

( a ) the period commencing on the 1st day of every calendar month and ending on the 15th day of such month;

( b ) the period commencing on the 16th day of every calendar month and ending on the last day of such month.

40.—Cement prohibited to be imported by virtue of this Part of this Act shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the Provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.