Canals Act, 1986
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Amendment of Local Government Act, 1946. |
15.—The Local Government Act, 1946 , is hereby amended with effect from the vesting day— | |
(a) by the substitution of the following paragraphs for paragraph (c) of subsection (2) of section 47: | ||
“(c) in case the bridge order relates to a bridge or viaduct over or a tunnel under a railway, the Minister for Communications, and | ||
(d) in case the bridge order relates to a bridge or viaduct over or a tunnel under the Grand Canal or the Royal Canal, the Commissioners of Public Works in Ireland and the Minister for Communications, and | ||
(e) in case the bridge order relates to a bridge or viaduct over or a tunnel under navigable water (including a canal other than a canal referred to in paragraph (d) of this subsection), the Minister for Communications.”, | ||
(b) by the substitution of the following subsection for subsection (4) of section 48: | ||
“(4) The Minister shall not make a bridge order relating to a bridge or viaduct over or a tunnel under— | ||
(a) a railway, save with the consent of the Minister for Communications; | ||
(b) the Grand Canal or the Royal Canal, save with the consent of the Commissioners of Public Works in Ireland and the Minister for Communications; | ||
(c) navigable water (including a canal other than a canal referred to in paragraph (b) of this subsection), save with the consent of the Minister for Communications.”. | ||
(c) by the substitution of the following subsections for subsection (2) of section 57 (inserted by the Local Government Act, 1955 ): | ||
“(2) Where by virtue of this section the bridge order applies to Córas Iompair Éireann, the Minister shall not by virtue of this section do either of the following things save with the consent of the Minister for Communications, that is to say: | ||
(a) amend under subsection (3) of section 53 of this Act a provision of the bridge order requiring a contribution to be made to or by Córas Iompair Éireann; | ||
(b) make an order under subsection (1A) or subsection (2) of section 55 of this Act transferring to Córas Iompair Éireann any powers or duties of a road authority. | ||
(3) Where by virtue of this section the bridge order applies to the Commissioners of Public Works in Ireland, the Minister shall not by virtue of this section do either of the following things save with the consent of the said Commissioners, that is to say: | ||
(a) amend under subsection (3) of section 53 of this Act a provision of the bridge order requiring a contribution to be made to or by the said Commissioners; | ||
(b) make an order under subsection (1A) or subsection (2) of section 55 of this Act transferring to the said Commissioners any powers or duties of a road authority.”, and | ||
(d) by the substitution of the following section for section 60: | ||
“General restriction as respects railway, navigable waters, etc. | ||
60.—A road authority shall not construct or reconstruct a bridge or viaduct over or a tunnel under— | ||
(a) a railway, unless they do so under this Part of this Act or with the consent of the Minister for Communications, | ||
(b) the Grand Canal or the Royal Canal, unless they do so under this Part of this Act or with the consent of the Commissioners of Public Works in Ireland and the Minister for Communications, or | ||
(c) navigable water (including a canal other than a canal referred to in paragraph (b) of this section), unless they do so under this Part of this Act or with the consent of the Minister for Communications.”. |