S.I. No. 373/1951:

TURF DEVELOPMENT ACT, 1946 (TRANSPORT WORKS) ORDER, 1951.

TURF DEVELOPMENT ACT, 1946 (TRANSPORT WORKS) ORDER, 1951.

ARRANGEMENT OF ARTICLES.

1. Short Title.

2. Definitions.

3. Deposit of plans and books of reference.

4. Power to make railway.

5. Power to make bridge.

6. Period for completion of railway and bridge.

7. Gauge.

8. Motive power.

9. User of railway.

10. Opening of railway.

11. Compulsory acquisition of land.

12. Compensation in respect of lands acquired compulsorily.

13. Application of Railways' Clauses Consolidation Act, 1845, and the Railways' Clauses Act, 1863.

14. Construction of the railway on roads.

15. Regulation of working of the railway across roads.

16. Gates or chains at level crossings and bridge over Grand Canal.

17. Repair by Board of roads across which railway is laid.

18. Power of Board to break up roads.

19. Restoration of roads opened or broken up by the Board.

20. Non-interference with traffic along roads.

21. Restrictions on rights of the Board as regards roads.

22. Maintenance of the railway on roads.

23. Indemnity of the County Council by the Board.

24. Agreements between the Board and the County Council.

25. Right of County Council to open roads.

26. Agreements between the Board and any other person.

27. Arbitration.

28. Protection of telegraphic lines.

29. Protection of Electricity Supply Board.

30. Protection of State Property.

31. Expenses of the Minister.

32. Saving for general Acts relating to railways.

S.I. No. 373 of 1951.

TURF DEVELOPMENT ACT, 1946 (TRANSPORT WORKS) ORDER, 1951.

WHEREAS BÓRD NA MÓNA has applied under section 39 of the Turf Development Act, 1946 (No. 10 of 1946), for a transport works order authorising it to construct maintain and operate for the purposes of its business the following transport works, namely, the railway shown on the plan accompanying such application :

AND WHEREAS the Minister for Industry and Commerce, having considered such application and having consulted with the Minister for Local Government, is of opinion that such application should be granted :

NOW, THEREFORE, I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 43 of the Turf Development Act, 1946 (No. 10 of 1946) and of every and any other power me in this behalf enabling, hereby order as follows:--

1.--(1) This Order may be cited as the Turf Development Act, 1946 (Transport Works) Order, 1951.

(2) This Order shall come into operation on the 31st day of December, 1951.

2. In this Order :--

the expression " the Board " means Bórd na Móna ;

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

the expression " the Townlands " means the Townlands of Lullymore West, Lullymore East, Allenwood South, Allenwood Middle and Allenwood North in the County of Kildare ;

the expression " the Works " means the works authorised by this Order ;

the expression " the County Council " means the Council of the County of Kildare ;

the word " road " means any public road and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall (where such fence, railing or wall was erected by or is liable to be maintained by the County Council) forming part thereof ;

the expression " the railway " means the railway authorised by this Order ;

the expression " mechanical power " means electrical and any other motive power not being animal power ;

the expressions " the deposited plans " and " the deposited books of reference " mean respectively the copies of the plans and the books of reference deposited with the County Registrar of the County of Kildare as hereinafter provided.

3. The Board shall deposit with the County Registrar of the County of Kildare as soon as possible after the making of this Order true copies of the plans and the books of reference to such plans which accompanied the application for this Order.

4. Subject to the provisions of this Order, the Board may, within the Townlands, lay down, make and maintain in the lines and according to the levels shown on the deposited plans, the railway and railway lines hereinafter described with all proper sidings, junctions, rails, plates, works and conveniences connected therewith and may use such of the lands delineated on the deposited plans and described in the deposited books of reference as may be required for such purposes, that is to say :--

A railway of two sections 2·216 miles approximately in total length one section approximately 0·483 miles in length commencing at a junction with the existing railway of the Board at a point about 600 yards south-west of Rathangan--Allenwood Road in the townland of Lullymore East, crossing this road at a point 1 mile south of Lullymore Lodge and continuing 300 yards to the east of this road to join the existing railway of the Board ; the second section approximately 1·733 miles in length commencing at a junction with the railway of the Board at a point on the Rathangan--Allenwood road 1 mile east of Lullymore Lodge crossing the road at this point and continuing in a north-easterly direction in the townland of Allenwood South to cross the Grand Canal at a point 2,400 yards north-west of Shee Bridge turning then in a south-easterly direction to cross the Allenwood--Carbury road at a point 1,500 yards north-west of Shee Bridge, thence in an easterly direction in the townland of Allenwood North and terminating at the Electricity Supply Board Power Station near Allenwood.

5. Subject to the provisions of this Order the Board may, within the Townlands, lay down, make and maintain according to the deposited plan with all proper girders, cross-pieces, piles, works and conveniences connected therewith the bridge hereinafter described and may use such of the lands as are delineated on the deposited plans and described in the deposited books of reference as may be required for such purposes, that is to say :--

A vertical lift-bridge of 15 feet 6 inches in height, 22 feet in length and 12 feet in width over the Grand Canal at a point about 2,400 yards north-west of Shee Bridge in the Townland of Allenwood South, consisting of a steel frame-work set on reinforced concrete slabs, on piles built on each side of the canal bed, leaving a clearance of 18 feet between the abutments and having a movable platform of 20 feet long, operated by a hand-winch and with counter-weights sufficiently heavy to keep the movable platform in a raised position in the upper end of the frame-work when the bridge is not in use.

6. The Board shall complete and finish, ready for use, the railway and the bridge and the proper equipment for working the same within one year from the date of this Order or such further period not exceeding one year as the Minister may allow, and on the expiration of the said period of one year or such further period as may be allowed, the powers by this Order granted to the Board for executing the same or otherwise in relation thereto shall cease except as to so much thereof as shall then be completed.

7. The gauge of the Railway shall be three feet.

8. Subject to the provisions of this Order, the Board may work the railway by mechanical power or animal power.

9. The railway may be used for all purposes relating to the business of the Board and of the Electricity Supply Board and for no other purposes.

10. No part of the railway shall be opened for traffic until the railway has been inspected and certified to be fit for traffic by an Inspector duly appointed by the Minister under the Regulation of Railways Act, 1871.

11.--(1) For the purposes of the works authorised by this Order and subject to the provisions hereof, the Board may compulsorily acquire the lands shown on the deposited plans and described in the deposited books of reference.

(2) At any time after the making of this Order and before conveyance or ascertainment of price or compensation, the Board may enter on and take possession of any land which the Board is authorised by this Order to acquire compulsorily.

(3) The Board shall before exercising in relation to any land the power conferred on it by the immediately preceding paragraph serve on the occupier of such land at least one month before such exercise notice in writing of its intention to enter on and take possession of such land,

(4) The following provisions shall apply in respect of a notice under the immediately preceding paragraph, that is to say :--

(a) such notice shall be accompanied by a plan showing fully and clearly the lands to which it relates ;

(b) such notice may be served on the occupier of such land by sending it by registered letter addressed to the occupier at his usual or last known address.

12.--(1) The Board shall pay compensation for or in respect of the lands acquired compulsorily by the Board to the several persons entitled to or having estates or interest in such land.

(2) Any question of disputed compensation in respect of any land acquired compulsorily by the Board shall, in default of agreement, be determined by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, and in the application of that Act the expression " Public Authority", shall be deemed to include the Board.

(3) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Board in this Article and to the conveyance to the Board of property corporeal or incorporeal, compulsorily acquired by it under this Order and for the purposes of such application the Board shall be deemed to be the promoter of the undertaking.

13.--(1) Sections 7 to 12, sections 14 to 16, sections 20 to 24 and sections 68 to 75 of the Railways' Clauses Consolidation Act, 1845, shall (except where inconsistent with any other Article of this Order) apply in respect of the railway subject to the following modifications, that is to say :--

(a) reference to the Company shall be construed as reference to the Board ;

(b) reference to the Special Act shall be construed as reference to this Order ;

(c) in section 7--

(1) reference to the plans or books of reference mentioned in the Special Act shall be construed as reference to the deposited plans or the deposited books of reference ;

(2) the reference to two Justices shall be construed as a reference to the Minister ;

(d) reference in sections 7, 8, 9 and 10 to clerks of the peace or post masters shall be construed as references to the County Registrar for the County of Kildare ;

(e) references in sections 8 and 9 to the original plan and section as shall have been approved of by Parliament and to the original plan and section shall be construed as references to the deposited plans ;

(f) in section 11--

(1) the reference to the common datum line described in the section approved of by Parliament shall be construed as a reference to the common datum line described in the deposited plans ;

(2) the reference to the consent of two or more Justices of the Peace in Petty Sessions assembled for the purpose and acting for the District in which a street or public highway may be situated shall be construed as a reference to the Minister ;

(3) the second proviso shall not apply ;

(g) references in section 14 to the said plan or section shall be construed as references to the deposited plans ;

(h) the reference in section 15 to the plans so deposited and the books of reference shall be construed respectively as reference to the deposited plans and the deposited books of reference ;

(i) in section 16 --

(1) the reference to the said plans shall be construed as a reference to the deposited plans ;

(2) the reference to the said books of reference shall be construed as a reference to the deposited books of reference ;

(j) any penalty under sections 23, 24 or 75 may be recovered by summary proceedings before a Justice of the District Court ;

(k) in sections 69, 70 and 71 references to two Justices or to such Justices shall be construed as references to a person appointed by the Minister.

(2) Part 1 (except sections 6, 13, 14, 15, 16, 17, 18 and 19) of the Railways Clauses Act, 1863, shall apply in respect of the railway subject to the following modifications, that is to say:--

(a) references to the Company shall be construed as references to the Board,

(b) references to the Special Act shall be construed as references to this Order,

(c) references to the deposited plans or sections shall be construed as references to the deposited plans and deposited books of reference.

14.--(1) The Board may construct and maintain the railway along, across and on the level of any existing road and may alter the level of any footpath or road in accordance with the deposited plans.

(2) Where the railway is authorised by this Order to be laid along, across or on the level of any road it shall be laid and maintained in such manner that the uppermost surface of the rails shall be on a level with the surface of the road, and the Board shall not in constructing the railway along, across or on the level of any existing road deviate from the levels thereof as shown on the deposited plans without the consent of the County Council.

(3) The form of rail to be laid along or across any road shall be approved by the County Council and if the Board shall be dissatisfied with its decision it may appeal to the Minister whose decision shall be final.

15. Where the railway is laid across and on the level of any public road the Board or any other person using the railway shall be subject to and shall abide by all such directions with regard to the working of traffic or to the speed of trains over the railway as may be given from time to time by the Minister.

16.--(1) Where the railway crosses the public road at a point one mile south of Lullymore Lodge, the public road at a point one mile east of Lullymore Lodge and the public road leading from Allenwood, to Carbury at a point 1,500 yards approximately north of Shee Bridge on the level, the Board shall--

(a) erect or cause to be erected to the satisfaction of the Minister, good and sufficient gates or chains,

(b) fix or cause to be fixed a red disc or target to the said gates or chains on each side of the crossing,

(c) construct or cause to be constructed the said gates or chains so that they alternately close completely across the railway and across the road, and

(d) ensure that the said discs or targets show towards the road and towards the railway according to the position of the said gates or chains.

(2) It shall be the duty of the Board to--

(a) cause the gates or chains, referred to in paragraph (1) of this Article, to be kept constantly closed across the railway except during the time when any locomotive or other vehicle passing along the railway shall have occasion to cross the road at such level crossing,

(b) cause the said gates or chains to be opened before the train or other vehicle passes over the level crossing,

(c) cause the said gates or chains to be opened for traffic along the road immediately after the train has passed over the crossing where the said gates or chains have been closed for the working of trains, and

(d) light suitably by red lamps the said gates or chains when closed across the road after sunset or during fog or falling snow which prevents a clear view of the said gates or chains along the road at a distance of at least 200 feet.

(3) It shall be the duty of the Board to--

(a) cause the movable platform of the said bridge referred to in Article 5, to be kept constantly closed across the railway except during the time when locomotives or other vehicles passing along the railway shall have occasion to cross the canal at such level crossing,

(b) cause the movable platform of the said bridge to be opened before the train or other vehicle passes over the canal,

(c) cause the movable platform of the said bridge to be opened for traffic in the canal immediately after the train has passed over the crossing where the said bridge or movable platform has been closed for the working of trains.

(4) Where the Board acts in contravention (whether by commission or omission) of any of the provisions of this Article, the Board shall be guilty of an offence under this Order and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding twenty pounds for each day during which such offence is continued after conviction thereof.

17. The Board shall at its own expenses at all times under the superintendence and to the reasonable satisfaction of the County Council maintain and keep in good condition and repair so much of any road whereon the railway is laid as lies between the rails of the railway and in case of double lines the portion also of the road between the two lines of rails and in either case so much of the road as extends three feet beyond the rails of and on each side of the railway.

18. The Board for the purpose of laying down, making, maintaining and renewing the railway or any part or parts thereof respectively may from time to time open and break up any road subject to the following regulations :

(a) the Board shall, not later than seven days before commencing to open or break up any road, give to the County Council notice of its intention to do so and such notice shall specify the time at which it is proposed to commence operations and the portion of the road proposed to be opened or broken up ;

(b) the Board shall not open or break up any road, except under the superintendence and to the reasonable satisfaction of the County Council, unless the County Council refuses or neglects to give such superintendence at the time specified in the Board's notice or discontinues to give such superintendence at any time during the progress of the work ;

(c) the Board shall pay all reasonable expenses to which the County Council is put on account of such superintendence.

19. When the Board has opened or broken up a road or any part thereof the Board shall be under the following obligations, namely :--

(a) the Board shall with all convenient speed and within three weeks at the most (unless the County Council otherwise consents in writing) complete the work on account of which it opened or broke up the road and (subject to the laying down, making, maintenance or renewal of the railway) fill in the ground level and make good the surface and to the satisfaction of the County Council restore the portion of the road to as good a condition as that in which it was before it was opened or broken up ;

(b) the Board shall in the meantime cause the place where the road is opened or broken up to be fenced and watched and to be properly lighted at night and provide and maintain sufficient and proper means of passage and re-passage for all passengers, vehicular, animal and public traffic along such road to the satisfaction of the County Council ;

(c) the Board shall bear all reasonable expenses of the repair of those portions of such road so opened or broken up for six calendar months after the same is restored, such expenses to be certified by the County Council whose certificate shall be conclusive.

20. During the execution of the works authorised by this Order in connection with the laying down, making, maintaining, repairing or renewing of the railway, the Board shall make such arrangements in relation to the execution of such works to the satisfaction of the County Council as may be adequate to prevent the traffic along any road from being unnecessarily interfered with.

21. Notwithstanding anything contained in this Order, the Board shall not acquire or be deemed to acquire any right in respect of any road or lane whereon the railway may be laid, other than the right of user of such road or lane by the engines, motors, rolling stock, horses and servants of the Board or of any other person working the railway on behalf of the Board and save by the payment of expenses and execution of works as provided by this Order the Board shall not be bound or liable to compensate the County Council or any person in respect of the acquisition of such right of user.

22. Where the railway is laid on any road the Board shall at all times maintain and keep in good condition and repair and so as not to be a danger or annoyance to ordinary traffic the rails of which the railway for the time being consists and the substructure upon which the same rests.

23. The Board shall at all times indemnify and keep indemnified the County Council against all actions, proceedings, claims and demands, costs, damages and expenses which may be brought or made against the County Council or which the County Council may sustain or incur by reason of the wrongful acts or defaults of the Board or of any person having a contract with the Board or a sub-contract with a contractor of the Board or any person employed by the Board for or in the execution of the works authorised by this Order.

24. The County Council on the one hand and the Board on the other hand may from time to time enter into and carry into effect and from time to time alter, renew or vary contracts, agreements or arrangements with respect to laying down, making, paving, metalling or keeping in repair any road and the railway thereon or in respect of altering the levels of the whole or any portion of any road on which the Board is authorised to lay down the railway or in respect of any of the work to be performed under the provisions of the next following Article and the proportion to be paid by them or either of them of the expense of laying down, making, paving, metalling, keeping in repair, or altering such railway or roads, or the levels thereof.

25. Nothing in this Order shall take away or abridge any power to open or break up any road across which the railway is laid or any other power vested in the County Council or in any person for the purpose of laying down, repairing, altering or removing any sewers, drains, mains, or pipes for the supply of water, oil, petrol or gas, or any tubes, wires or apparatus for telegraphic, electrical or other purposes ; but in the exercise of such power the County Council and every such person save the Minister for Posts and Telegraphs shall be subject to the following restrictions, that is to say :--

(a) they shall cause as little detriment or inconvenience to the Board as circumstances will permit ;

(b) before they commence any such work whereby the traffic on the railway will be interrupted they shall (except in case of urgency, in which case no notice shall be necessary) give, not later than forty-eight hours before such commencement, to the Board notice of their intention to commence such work, specifying the time at which they will commence such work ;

(c) they shall not be liable to pay to the Board any compensation for unavoidable injury done to the railway or for loss of traffic occasioned by the execution of such work or for the reasonable exercise of the power vested in them as aforesaid ;

(d) the County Council or any such person shall not execute such work as far as it immediately affects the railway except under the superintendence of the Board's Engineer unless the Board refuses or neglects to give such superintendence at the time specified in the notice for the commencement of the work, and the County Council and every such person shall execute such work at their own expense and to the reasonable satisfaction of the Board's Engineer.

26. The Board shall be at liberty to enter into contracts, agreements or arrangements with any other person for the construction, working, use and maintenance on behalf of the Board and in accordance with this Order of the railway or any part or parts thereof or for the supply of rolling stock necessary machinery and apparatus for the working and use of same ;

Provided that any such contract, agreement or arrangement (other than one with the Electricity Supply Board) for the working of the railway shall be subject to the approval of the Minister.

27. In case any dispute or difference shall arise between the County Council or any person or the engineer of any person and the Board as to the construction, working or maintenance of the railway, or any part thereof, or the works connected with or incidental thereto or as to the execution of any works by the County Council or any person which shall affect or interfere with the railway or any part thereof or necessitates the stoppage of the traffic on the railway or any part thereof or as to the state of repair of the railway or any part thereof or as to any other matter or thing in relation to the construction and maintenance or working of the railway or any part thereof or the exercise of the powers conferred on the Board or the County Council or any person or with respect to any other subject or thing regulated by or comprised in this Order the same shall be referred to the decision of an arbitrator to be appointed in writing by the parties, or if they cannot agree upon a single arbitrator, to the decision of two arbitrators, one to be appointed by each party, and in the case of disagreement to the decision of an umpire to be appointed by the two arbitrators and the decision of such arbitrator or arbitrators or umpire, as the case may be, shall be final and binding on both parties.

28. Nothing in this Order contained shall authorise any interference with any telegraphic line of the Minister for Posts and Telegraphs as defined by the Telegraph Acts, 1863 to 1928, or other property of the Minister for Posts and Telegraphs or any of the rights of the Minister for Posts and Telegraphs under the said Acts.

29. Nothing in this Order contained shall authorise the Board to interfere with any of the electric wires or works of the Electricity Supply Board, except with the consent of the Minister and subject to such terms and conditions as the Minister, after consultation with the Electricity Supply Board, thinks proper.

30. Nothing in this Order contained shall affect any property, real or personal, vested in the State or in any Minister thereof, or be construed to restrict or prejudice the rights of the State or any right, power, privilege or duty vested by law in any Minister or any Officer of the State, and in particular any powers of erecting, constructing, altering or extending any works on any such property as aforesaid shall not be construed to confer on the Board any rights of entry into or any estate or interest in any such property, but this Article shall not operate to prevent the exercise in accordance with this Order by the Board of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Board.

31. Any expenses incurred by the Minister in the exercise of his powers and functions under this Order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the Board.

32. Nothing in this Order contained shall exempt the Board from the provisions of any general Act relating to railways and such provisions shall have effect to the extent to which they are not inconsistent with the provisions of this Order.

GIVEN under my Official Seal, this 21st day of December, 1951.

SEÁN F. LEMASS,

Minister for Industry and Commerce.