S.I. No. 37/1956:

TURF DEVELOPMENT ACT, 1946 (TRANSPORT WORKS) (No. 1) ORDER, 1956.

TURF DEVELOPMENT ACT, 1946 (TRANSPORT WORKS) (No. 1) ORDER, 1956.

ARRANGEMENT OF ARTICLES.

1. Short title.

2. Definitions.

3. Deposit of Plans and Book of Reference.

4. Power to make railway.

5. Period for completion of railway.

6. Gauge.

7. Motive power.

8. User of railway.

9. Opening of railway.

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

11. Construction of the railway under roads or bridges.

12. Regulation of working of the railway under roads or bridges.

13. Non-interference with traffic along roads.

14. Indemnity of the County Council by the Board.

15. Agreements between the Board and the County Council.

16. Right of County Council to open roads.

17. Agreements between the Board and any other person.

18. Arbitration.

19. Protection of telegraphic lines.

20. Protection of Electricity Supply Board.

21. Protection of State Property.

22. Expenses of the Minister.

23. Saving for General Acts relating to railways.

S.I. No. 37 of 1956.

TURF DEVELOPMENT ACT, 1946 (TRANSPORT WORKS) (No. 1) ORDER, 1956.

WHEREAS BORD NA MONA 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 plans 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, WILLIAM NORTON, 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) hereby order as follows :

1. (1)--This Order may be cited as the Turf Development Act, 1946 (Transport Works) (No. 1) Order, 1956.

(2) This Order shall come into operation on the 24th day of March, 1956.

2. In this order--

the expression " the Board " means Bord na Mona ;

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

the expression " the townland " means the Townland of Derrygreenagh in the County of Offaly ;

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

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

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 is maintainable 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 book of reference " mean respectively the copies of the plans and the book of reference deposited with the County Registrar of the County of Offaly as hereinafter provided.

3. The Board shall deposit with the County Registrar of the County of Offaly as soon as possible after the making of this Order true copies of the plans and the book 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 Townland, lay down, make and maintain in the lines and according to the levels shown on the deposited plans the railway and railway line hereinafter described with all proper sidings, junctions, rails, plates, works, and conveniences connected therewith and may use such of the lands as are delineated on the deposited plans and described in the deposited book of reference as may be required for such purposes, that is to say :--

A railway 60 feet approximately in total length commencing at a junction with the existing railway of the Board at a point about 15 feet north of the public road leading from Rhode to Rochfortbridge and at a distance of 1,250 yards from Mongagh Bridge and thence in a south easterly direction through the townland of Derrygreenagh passing under an existing bridge on the said public road and terminating at a junction with the existing railway of the Board at a point 15 feet south of the public road aforesaid.

5. The Board shall complete and finish, ready for use, the railway 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.

6. The gauge of the railway shall be three feet.

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

8. 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.

9. 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.

10.--(1) Sections 7 to 12, sections 14 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) references to the plans or books of reference mentioned in the special Act shall be construed as references to the deposited plans or the deposited book of reference ;

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

(d) reference in section 7, 8, 9, and 10 to clerks of the peace or postmasters shall be construed as references to the County Registrar for the county of Offaly ;

(e) references in sections 8 and 9 to the original plans and sections 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 book 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 book of reference shall be construed as a reference to the deposited book 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 reference 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 book of reference ;

11.--(1) The Board may construct and maintain the railway under the level of any existing road or bridge 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 under the level of any road or bridge the Board shall not in constructing the railway under the level of any existing road or bridge 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 under any road or bridge 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.

12. Where the railway is laid under the level of any public road or bridge, 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.

13. During the execution of the works authorised by this Order in connection with the laying down, making, maintaining, repairing or renewing 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 or bridge from being unnecessarily interfered with.

14. 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 subcontract with a contractor of the Board or any person employed by the Board for or in the execution of the Works.

15. 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 or bridge and the railway thereon, 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, roads or bridges.

16. Nothing in this Order shall take away or abridge any power to open or break up any road or bridge under 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 refuse or neglect 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.

17. 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 but 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.

18. 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 necessitate 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.

19. 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 1953, 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 Act.

20. 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.

21. 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.

22. Any expenses incurred by the Minister in the exercise of his powers and the 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.

23. 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 2nd day of March, 1956.

WILLIAM NORTON,

Minister for Industry and Commerce.