No. 37/1945:

LOUGH CORRIB NAVIGATION ACT, 1945

ARRANGEMENT OF SECTIONS

1 Definitions.

2 The appointed day.

3 Termination of period of office of existing members of the Board of Trustees.

4 Re-constitution of the Board of Trustees.

5 Board of Trustees to be a joint body for the purposes of the County Management Act, 1940.

6 Disqualification of members of the Board of Trustees.

7 Election and term of office of Galway city members.

8 Election and term of office of Galway county members.

9 Election and term of office of the Mayo member.

10 Resignation of members of the Board of Trustees.

11 Notification of vacancies to contributing local authorities.

12 Expenses of the Board of Trustees in excess of income.

13 Abandonment or transfer of portion of the Navigation.

14 Execution and maintenance of certain works by contributing local authorities.

15 Expenses of contributing local authorities.

16 Cesser of application of certain provisions of the Act of 1856.

17 Short title.

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE LOUGH CORRIB NAVIGATION.

[20th December, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 —(1) In this Act—

the expression "the Act of 1856" means the Drainage (Ireland) Act, 1856;

the expression the appointed day "means the day appointed by the Minister to be the appointed day for the purposes of this Act;

the expression "the Board of Trustees" means the Lough Corrib Navigation Trustees;

the expression "contributing local authority" means a body being—

( a ) the Galway Corporation, or

( b ) the Galway County Council, or

( c ) the Mayo County Council;

the expression "election year" in relation to a contributing, local authority means a year, other than the year 1945, in which is held an election of all the members of that authority;

the expression "the functional area" means—

( a ) in relation to the Galway Corporation, the borough of Galway;

( b ) in relation to the Galway County Council, the county of Galway (exclusive of the borough of Galway),

( c ) in relation to the Mayo County Council, the county of Mayo;

the expression "the Galway Corporation" means the Mayor, Aldermen and Burgesses of the borough of Galway;

the expression "the Galway County Council" means the council of the county of Galway;

the expression "the Mayo County Council" means the council of the county of Mayo;

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

the expression "the Navigation" means the Navigation, in the District of Loughs Corrib, Mask, and Carra in the borough of Galway and counties of Galway and Mayo, by the River and Lake Corrib and Loughs Corrib, Mask and Carra from the sea at Galway to the northern extremity of the said Loughs Mask and Carra, and to Cloon Lough in the River Aill;

the expression "the navigation award of 1859" means the award made on the 30th day of June, 1859, by the Commissioners of Public Works in Ireland in relation to the Navigation.

(2) References in this Act to any enactment shall be construed as references to that enactment as amended or adapted by any subsequent enactment.

2.—The Minister may by order appoint a day to be the appointed day for the purposes of this Act.

3.—The persons who immediately before the appointed day are members of the Board of Trustees shall on the appointed day cease to hold office.

4.—(1) As on and from the appointed day the Board of Trustees shall consist of—

( a ) five members (in this Act referred to as Galway city members) elected by the Galway Corporation,

( b ) two members (in this Act referred to as Galway county members) elected by the Galway County Council, and

( c ) one member (in this Act referred to as the Mayo member) elected by the Mayo County Council.

(2) The Board of Trustees may act notwithstanding one or more vacancies in their membership.

5.—The Board of Trustees shall be a joint body for the purposes of the County Management Act, 1940 ( No. 12 of 1940 ).

6.—(1) Article 12 of the Schedule to the Local Government (Application of Enactments) Order, 1898, as amended by any subsequent enactment, shall apply to the Board of Trustees and the members thereof in like manner as it applies to councils of counties and their members.

(2) A person shall be disqualified from being elected a member of the Board of Trustees by a contributing local authority if he is not a Local Government elector for the functional area of that local authority.

(3) Where a member of the Board of Trustees appointed by a contributing local authority ceases to be a Local Government elector for the functional area of that local authority he shall be disqualified from being a member.

(4) No person shall hold any paid office or employment under the Board of Trustees while he is or within twelve months after he has ceased to be a member of the Board of Trustees.

(5) Whenever a member of the Board of Trustees becomes disqualified from being a member the Board of Trustees shall forthwith declare his office to be vacant and the vacancy shall be deemed to have occurred on the making of such declaration.

7.—(1) The first election of Galway city members shall take place on such day, not being less than one month before the appointed day, as the Minister may fix for the purpose, and the Galway Corporation shall at the said election elect five Galway city members.

(2) The Galway Corporation shall in every election year elect five Galway city members at the quarterly meeting of the Galway Borough Council held next after the 22nd day of June in that year, and such election shall be included in the business to be transacted at every such quarterly meeting.

(3) The term of office of every member elected at the first election of Galway city members shall commence on the appointed day.

(4) The term of office of every Galway city member (other than a member elected at the first election of Galway city members) shall commence on the day of his election.

(5) Every Galway city member shall, unless he sooner dies, resigns or becomes disqualified, hold office until the expiration of the day immediately preceding the day on which the next election of Galway city members is held in accordance with subsection (2) of this section.

(6) Whenever a casual vacancy occurs amongst the Galway city members the Galway Corporation shall, as soon as conveniently may be, elect a person to fill such vacancy.

(7) If a person elected to be a Galway city member in pursuance of subsection (1) of this section dies before the appointed day, such person shall for the purposes of this section be deemed to have died on the appointed day.

8.—(1) The first election of Galway county members shall take place on such day, not being less than one month before the appointed day, as the Minister may fix for the purpose, and the Galway County Council shall at the said election elect two Galway county members.

(2) The Galway County Council shall in every election year elect two Galway county members at the annual meeting of the Galway County Council held next after the 22nd day of June in that year, and such election shall be included in the business to be transacted at every such annual meeting.

(3) The term of office of each member elected at the first election of Galway county members shall commence on the appointed day.

(4) The term of office of every Galway county member (other than a member elected at the first election of Galway county members) shall commence on the day of his election.

(5) Every Galway county member shall, unless he sooner dies, resigns or becomes disqualified, hold office until the expiration of the day immediately preceding the day on which the next election of Galway county members is held in accordance with subsection (2) of this section.

(6) Whenever a casual vacancy occurs amongst the Galway county members the Galway County Council shall, as soon as conveniently may be, elect a person to fill such vacancy.

(7) If a person elected to be a Galway county member in pursuance of subsection (1) of this section dies before the appointed day, such person shall for the purposes of this section be deemed to have died on the appointed day.

9.—(1) The Mayo County Council shall, on such day, not being less than one month before the appointed day, as the Minister may fix for the purpose, elect the Mayo member, and the term of office of the person so elected shall commence on the appointed day.

(2) The Mayo County Council shall in every election year elect the Mayo member at the annual meeting of the Mayo County Council held next after the 22nd day of June in that year, and such election shall be included in the business to be transacted at every such annual meeting.

(3) The term of office of the Mayo member elected at any annual meeting of the Mayo County Council in pursuance of subsection (2) of this section shall commence on the day of his election.

(4) The Mayo member shall, unless he sooner dies, resigns or becomes disqualified, hold office until the expiration of the day immediately preceding the day on which the next election of the Mayo member is held in accordance with subsection (2) of this section.

(5) Whenever a vacancy occurs amongst the members of the Board of Trustees by reason of the death, resignation or disqualification of the Mayo member the Mayo County Council shall, as soon as conveniently may be, elect a person to fill such vacancy.

(6) If the person elected to be the Mayo member in pursuance of subsection (1) of this section dies before the appointed day, such person shall for the purposes of this section be deemed to have died on the appointed day.

10.—A member of the Board of Trustees may at any time resign his office by letter sent to the Board of Trustees and every such resignation shall take effect at the commencement of the meeting of the Board of Trustees held next after the receipt of such letter.

11.—The Board of Trustees shall as soon as may be after the occurrence of a vacancy by reason of the death, resignation or disqualification of a member of the Board of Trustees notify accordingly the contributing local authority by which the member was elected.

12.—(1) As on and from the appointed day—

( a ) the navigation award of 1859, in so far as it relates to the manner in which all expenses of and incident to the maintenance and conservancy of the Navigation (so far as those expenses are not defrayed out of the income thereof) shall be charged, borne and paid, shall cease to have effect,

( b ) all expenses incurred by the Board of Trustees in respect of the maintenance and conservancy of the Navigation (including moneys payable by the Board of Trustees under subsection (3) of section 14 of this Act ) so far as those expenses are not defrayed out of the income thereof, shall, subject to subsection (2) of this section, be charged on, borne and paid by the contributing local authorities in the following proportions—

(i) sixty per cent. by the Galway Corporation,

(ii) thirty per cent by the Galway County Council, and

(iii) ten per cent by the Mayo County Council.

(2) The Minister may from time to time by order (made after consultation with the Minister for Local Government and Public Health) direct that the expenses provided for under subsection (1) of this section, in lieu of being charged, borne and paid in the proportions set out in the said subsection, shall, as on and from the date specified in that behalf in the order, be charged on, borne and paid by the contributing local authorities (or any two of them to the exclusion of the third) in such proportions as the Minister thinks fit and specifies in the order or be wholly charged on, borne and paid by any one of the said authorities to the exclusion of the others, and the said subsection shall, so long as any such order is in force, have effect subject to the provisions of such order.

(3) The Minister may revoke any order made by him under subsection (2) of this section.

(4) Every order made under subsection (2) of 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 the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

13.—(1) Notwithstanding anything contained in section 45 of the Railway and Canal Traffic Act, 1888, the Minister may, on the application of the Board of Trustees or of any interested person, by order authorise the abandonment, or the transfer to a drainage authority or a contributing local authority, of any portion of the Navigation or works forming part thereof.

(2) Any transfer to a drainage authority under this section shall be subject to the prior consent of that drainage authority.

(3) Before making an order authorising any abandonment or transfer under this section, the Minister shall satisfy himself as to the manner in which the abandoned or transferred works will be dealt with or the use to which they shall be put.

14.—(1) Where it appears to a contributing local authority, after consultation with the Board of Trustees, to be necessary or desirable in the public interest to execute, within the functional area of the said local authority, new works in connection with the Navigation or to extend, improve or maintain existing works of the Navigation, it shall be lawful for the said local authority, with the consent of the Minister for Local Government and Public Health and subject to section 50 of the Arterial Drainage Act, 1945 ( No. 3 of 1945 ), to undertake the execution or maintenance of such works, notwithstanding that such execution or maintenance is not necessary, or is not wholly necessary, for the purpose of the Navigation.

(2) The cost of the execution of any new works or the maintenance of any existing works by a contributing local authority under subsection (1) of this section shall be borne by that local authority.

(3) ( a ) Where a contributing local authority executes new works or extends or improves existing works under subsection (1) of this section the following provisions shall have effect—

(i) if an appreciation of the Navigation is thereby brought about, compensation shall be paid by the Board of Trustees to that local authority,

(ii) if a depreciation of the Navigation is thereby brought about, compensation shall be paid by that local authority to the Board of Trustees.

( b ) Where any existing works are maintained by a contributing local authority under subsection (1) of this section, that local authority may recover from the Board of Trustees such portion of the cost as would have been necessary to maintain the existing work in a condition necessary for the purpose of the Navigation.

(4) If any question arises whether compensation is payable by or to a contributing local authority under paragraph ( a ) of subsection (3) of this section or as to the amount of such compensation or whether any sum is recoverable by a contributing local authority under paragraph ( b ) of the said subsection or as to the amount of such sum, the question shall be referred to the Minister for Local Government and Public Health, whose decision shall be final.

(5) As on and from the appointed day the Board of Trustees shall cease to be liable for the maintenance of the roadway from Woodquay to the public road, mentioned in Schedule B to the Navigation Award of 1859, and the said roadway shall be regarded, for the purposes of the said Act and any such order, as being an urban road.

15.—Subject to section 27 (which relates to the expenses of maintaining, constructing and abandoning roads) of the Local Government Act, 1925 ( No. 5 of 1925 ), the expenses incurred by a contributing local authority under this Act shall be raised—

( a ) in the case of the Galway Corporation, by means of the poor rate,

( b ) in the case of the Galway County Council, by means of the poor rate as a county at large charge over the whole of the county of Galway (excluding the borough of Galway),

( c ) in the case of the Mayo County Council, by means of the poor rate as a county at large charge over the whole of the county of Mayo.

16.—Sections 9, 10 and 25 of the Act of 1856 shall, as on and from the appointed day, cease to apply in respect of the Navigation.

17.—This Act may be cited as the Lough Corrib Navigation Act, 1945.