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Agreements between road authorities and other persons in relation to the financing, construction and operation of toll roads.
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9.—(1) Where a toll scheme is approved of by the Minister, a road authority may, with the consent of the Minister, enter into an agreement with another person under which, upon such terms and conditions as may be specified in the agreement (including the payment to, or retention by, the person of all or part of the proceeds of tolls in respect of the toll road the subject of the scheme), the person agrees to do all or one or more of the following:
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(a) to pay some or all of the cost of the provision of the road,
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(b) to pay some or all of the cost of the maintenance and improvement of the road,
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(c) to provide or join or assist in the provision of the road for or with the authority,
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(d) to maintain and improve or join or assist in the maintenance and improvement of the road for or with the authority,
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(e) to operate and manage (including provide, supervise and operate a system of tolls in respect of the use of the road) the road for or with the authority,
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(f) such other things connected with or incidental or ancillary to or consequential upon the foregoing as may be specified in the agreement.
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(2) Without prejudice to the generality of subsection (1) of this section, an agreement under this section may—
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(a) provide for the application of the proceeds of tolls, systems of accounting for tolls collected and the methods and times of payment of proceeds of tolls to the persons to whom they are to be paid under the terms of the agreement,
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(b) provide for its duration and for its termination or suspension and for matters connected with or incidental or ancillary to or consequent upon the expiration of the agreement or such termination or suspension, and
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(c) provide for the giving of such security as may be specified therein to the road authority concerned by the other party or parties to the agreement in relation to the carrying out and observance by the other party or parties aforesaid of the terms and conditions of the agreement.
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(3) A road authority may, with the consent of the Minister, enter into an agreement with the party or parties with whom it has entered into a previous agreement under this section amending the terms or conditions thereof, adding thereto, or deleting therefrom, terms or conditions or revoking the previous agreement.
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(4) Entry into an agreement under this section by a road authority shall be a reserved function within the meaning of the Cork City Management Acts, 1929 to 1971, the Local Government (Dublin) Acts, 1930 to 1971, the Limerick City Management Acts, 1934 to 1971, the Waterford City Management Acts, 1939 to 1971, and the County Management Acts, 1940 to 1972.
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(5) The parties to an agreement under this section shall carry out the agreement in accordance with its terms and conditions and a road authority shall have all such powers as may be necessary for that purpose.
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