Local Government (Roads and Drainage) Act, 1968

Council of county may construct roads, reconstruct or improve non-maintained roads and carry out drainage works, in certain circumstances.

2.—(1) In case a grant under section 4 is allocated by a Minister of State to the council of a county, the council may make and carry out an agreement for the construction of a road or the reconstruction or improvement of the whole or any part of a non-maintained road situate wholly or partly within their county, provided that one of the following requirements is complied with, namely:

(a) the road or portion thereof is, or in case the agreement provides for the construction of a road, the road or portion thereof when constructed will be, used as a means of access to parcels of land of which at least two are owned or occupied by different persons,

(b) the road or portion thereof is, or in case the agreement provides for the construction of a road, the road or portion thereof when constructed will be, used—

(i) by two or more persons as a means of access in relation to the lawful removal of turf or sea-weed, or the exercise of turbary or any other profit à prendre, or

(ii) as a means of access in relation to the removal of turf for consumption in an electricity generating station to which this section applies,

(c) the road or portion thereof in the opinion of the council is, or in case the agreement provides for the construction of a road, the road or portion thereof when constructed will be, used by the public.

(2) In case a grant under section 4 is allocated by a Minister of State to the council of a county, the council may make and carry out an agreement for the execution of drainage works situate wholly or partly within their county provided that either of the following requirements is complied with, namely:

(a) the works will, when completed, wholly or partly serve parcels of land of which at least two are owned or occupied by different persons,

(b) the works will, when completed, wholly or partly serve a bog—

(i) in relation to which two or more persons may exercise turbary or otherwise lawfully remove turf, or

(ii) on which turf is, or is intended to be, produced for consumption in an electricity generating station to which this section applies.

(3) An agreement under this section may provide for the making by—

(a) in the case of an agreement for the execution of works relating to land of which the relevant council of a county is either the owner or the occupier—any party to the agreement, or

(b) in any other case—any party to the agreement other than the council of a county,

of a contribution towards the expenses mentioned in section 3 and incurred in carrying out works under the agreement.

(4) This section applies to any electricity generating station which is turf-fired, the generating capacity of which does not exceed five megawatts and which was completed before the passing of this Act.