Shannon Navigation Act, 1990

Transfer to Commissioners of Ballinamore and Ballyconnell navigation and conferral on them of certain functions in relation to Erne and Lough Oughter navigation.

5.—(1) On the vesting day—

(a) so much of the Ballinamore and Ballyconnell navigation as is situated in the State and the property (including choses-in-action), assets, powers, rights, licences, privileges and liabilities vested in, held, enjoyed or incurred by the navigation trustees in connection therewith or appertaining thereto shall, by virtue of this section but subject where necessary to transfer in the books of any bank, corporation or company, be transferred to the Commissioners,

(b) so much of the land of the said navigation as is situated in the State shall, by virtue of this section, vest in the Commissioners for all the estate, right, title and interest of the navigation trustees, and

(c) the said navigation and the Erne and Lough Oughter navigation shall be deemed, for the purposes of the Shannon Act and this Act, to be part of the Shannon navigation and the River Shannon and that Act and this Act shall apply and have effect accordingly in relation to the Ballinamore and Ballyconnell navigation and the Erne and Lough Oughter navigation with the modifications that—

(i) the functions conferred on the Commissioners by or under the said Acts may be performed in relation to the Ballinamore and Ballyconnell navigation and the Erne and Lough Oughter navigation by them or, if, whenever and in so far as they are delegated to a person under subsection (9), by the person either in or outside the State,

(ii) references in this Act to the navigation channel shall be construed as references to—

(I) the Ballinamore and Ballyconnell navigation other than the wharfs, landing places, piers, quays, weirs and other works and land referred to in the definition of the navigation in subsection (12) and the parts of the harbours referred to in that definition not accessible to boats, and

(II) the Erne and Lough Oughter navigation other than the quay referred to in the definition of the navigation in subsection (12),

and with any other necessary modifications.

(2) Subject to the provisions of this Act, the Commissioners may, on and after the vesting day, enjoy, exercise and enforce all the powers, rights and privileges aforesaid and shall be subject to all the liabilities aforesaid and, accordingly, every debt and other liability in relation to the Ballinamore and Ballyconnell navigation that, immediately before the vesting day, is owing and unpaid or has been incurred and is undischarged by the navigation trustees shall, on the vesting day, become and be the debt or liability of the Commissioners and shall be paid or discharged by and may be recovered from and enforced against the Commissioners accordingly.

(3) For the purpose of providing adequate and safe access for vessels in Upper Lough Erne to the Ballinamore and Ballyconnell navigation and to the Erne and Lough Oughter navigation and for vessels in those navigations to Upper Lough Erne, the Commissioners may carry out such dredging, excavation and other work in Upper Lough Erne and the River Erne as they consider necessary or expedient.

(4) (a) Every contract made by the navigation trustees in relation to the Ballinamore and Ballyconnell navigation that is in force immediately before the vesting day shall continue in force on and after the vesting day as if it had been made by the Commissioners and shall be construed and have effect and be enforceable by or against the Commissioners accordingly.

(b) Every licence given by the navigation trustees in relation to the Ballinamore and Ballyconnell navigation that is in force immediately before the vesting day shall continue in force on and after the vesting day as if it had been given by the Commissioners and shall be construed and have effect and be enforceable by or against the Commissioners accordingly.

(c) Every other document granted or made by the navigation trustees in relation to the Ballinamore and Ballyconnell navigation that is in force immediately before the vesting day shall continue in force on and after the vesting day as if it had been granted or made by the Commissioners and shall be construed and have effect and be enforceable by or against the Commissioners accordingly.

(5) Every chose-in-action transferred by this section may, on or after the vesting day, be sued upon, recovered or enforced by the Commissioners in their own name and it shall not be necessary for the Commissioners to give notice to the persons bound by any such chose-in-action of the transfer effected by this section.

(6) References to the navigation trustees contained, immediately before the vesting day, in any statute or instrument made under statute or in the memorandum or articles of association of any company shall, insofar as they relate to anything transferred by this section, be construed on and after the vesting day as references to the Commissioners.

(7) Section 12 of the Finance Act, 1895 , shall not apply to the vesting of any property or rights under this section.

(8) Nothing in this section shall cause the Commissioners to be regarded as a canal undertaker or a canal company for the purposes of this or any other enactment.

(9) (a) The functions or specified functions of the Commissioners under this Act (other than sections 2 (f) and 3 and the Schedule to this Act) in relation to the restoration, repair, improvement, extension and development of the Ballinamore and Ballyconnell navigation or any part thereof may be delegated for a specified period by the Minister by order to such person or persons as may be specified in the order.

(b) The following provision shall have effect in relation to the delegation of a function to a person under paragraph (a):

(i) the function shall be performed by the person in his own name but subject to the general superintendence and control of the Minister;

(ii) the delegation shall operate, while it is in force, to confer the function on and vest it in the person;

(iii) the function shall, notwithstanding the delegation, continue to be vested in the Commissioners but shall be so vested concurrently with the person and so as to be capable of being performed by the Commissioners or the person;

(iv) the delegation shall not remove or derogate from the responsibility of the Minister to Dáil Éireann or as a member of the Government for the performance of the function by the Commissioners.

(c) The Minister may revoke or amend an order under this subsection.

(d) An order under this subsection may contain such ancillary or subsidiary provisions as the Minister considers necessary or expedient including provisions adapting provisions of this Act.

(e) The Commissioners may, with the consent of the Minister, out of moneys provided by the Oireachtas, make payments of such amounts as they consider appropriate to a person to whom functions are delegated under paragraph (a) in respect of expenditure incurred by the person in the performance of those functions.

(10) The Commissioners shall consult with the Minister for the Marine in relation to any matters which affect or could affect fish, fish life, fish stocks or fishing in the Ballinamore and Ballyconnell navigation or the Erne and Lough Oughter navigation.

(11) Sections 6, 16 to 25, 27 and 29 to 36 of the Act of 1856 are hereby repealed in so far as they relate to the Ballinamore and Ballyconnell navigation or the navigation trustees.

(12) In this section—

“the Act of 1856” means the Drainage (Ireland) Act, 1856;

“the Ballinamore and Ballyconnell navigation” means the navigation connecting the river Shannon at a point near Leitrim in the county of Leitrim and Upper Lough Erne at the mouth of the Woodford River near Belturbet in the county of Cavan and passing through Ballinamore in the county of Leitrim and Ballyconnell in the county of Cavan together with the locks, harbours, wharfs, landing places, piers, quays, weirs and other works and land therein or connected therewith that, immediately before the vesting day, stood vested in the navigation trustees under section 2 of the Act of 1856;

“the Erne and Lough Oughter navigation” means—

(a) the Foalies Cut connecting Upper Lough Erne with the River Erne,

(b) that part of Upper Lough Erne that is situated north west of the Foalies Cut and between the Foalies Cut and the land frontier of the State, and

(c) the River Erne upstream from Upper Lough Erne and the quay on that river at Kilconny, Belturbet in the county of Cavan;

“functions” includes powers and duties and references to the performance of functions include, as respects powers, duties and obligations, references to the exercise of the powers and the carrying out of the duties and obligations;

“the navigation trustees” means the Ballinamore and Ballyconnell Navigation Trustees incorporated under the Act of 1856 and in whom the Ballinamore and Ballyconnell navigation was vested under section 2 of that Act.