Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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Chapter 2

Amendment of Lough Corrib Navigation Act 1945

Amendment of Lough Corrib Navigation Act 1945 - insertion of sections 16A and 16B

245. The Lough Corrib Navigation Act 1945 is amended by the insertion of the following sections after section 16:

“Certain powers of Board of Trustees

16A. (1) The Board of Trustees have power to acquire, hold, manage, maintain, mortgage, charge, lease, licence and dispose of land or an interest in land.

(2) The Board of Trustees may prepare a scheme for the establishment of a system of tolls, quayage, wharfage and licensing in relation to the Navigation.

(3) The Board of Trustees may delegate the performance of any of their functions (other than their functions under subsection (1) or (2)) to the chief executive of—

(a) Galway City Council,

(b) Galway County Council, or

(c) Mayo County Council.

Power of Board of Trustees to carry out works in relation to Navigation and to enter land

16B. (1) (a) The Board of Trustees may for the purposes of the performance of their functions—

(i) enter on any land and carry out on the land work in relation to the Navigation or property held by them for the purpose of the Navigation,

(ii) enter on any land and occupy it or otherwise make use of it for the purpose of carrying out work on other land in relation to the Navigation or property referred to in subparagraph (i), or

(iii) enter on any land for the purpose of gaining access to, inspecting or surveying the Navigation, property referred to in subparagraph (i) or other land referred to in subparagraph (ii),

and do on any such land all such other things as are, in their opinion, ancillary or reasonably necessary for the performance of their functions.

(b) Subject to subsection (2), not less than 14 days before exercising any power under paragraph (a) (other than subparagraph (iii) of that paragraph), the Board of Trustees shall give to any owner or occupier of the land concerned whose identity and whereabouts can be ascertained by the Board of Trustees by the taking of reasonable steps a notice in writing stating their intention to enter on the land and the purposes for which the entry is intended to be made and specifying the other powers of the Board of Trustees proposed to be exercised.

(c) A person to whom a notice has been given under this subsection may, not later than 14 days after the giving of the notice, apply, on notice to the Board of Trustees, to the judge of the District Court having jurisdiction in the District Court district in which the land the subject of the notice is situated for an order prohibiting the entry and, upon the hearing of the application, the judge may, if he or she so thinks proper, prohibit the entry or specify conditions to be complied with by the person making the entry.

(d) Where a judge of the District Court prohibits under this subsection a proposed entry on land, it shall not be lawful for any person to enter on the land under paragraph (a).

(e) Where a judge of the District Court specifies under this subsection conditions to be complied with by a person entering on land under paragraph (a), every person who enters on the land under that paragraph shall comply with the conditions so specified.

(2) (a) Where, in the opinion of the Board of Trustees—

(i) the exercise of a power conferred on them by subsection (1) is urgently required for the purpose of preventing or minimising injury, loss or damage to persons or property, and

(ii) it is not reasonably practicable to comply, in relation to such exercise, with paragraph (b) of that subsection,

the Board of Trustees may exercise the power without having complied, in relation to such exercise, with that paragraph.

(b) Subject to paragraph (c), before exercising a power by virtue of paragraph (a), the Board of Trustees shall give to any owner or occupier of the land whose identity and whereabouts can be ascertained by the Board of Trustees by the taking of reasonable steps a notice in writing of their intention to enter on the land, of the purposes for which the entry is intended to be made and of the other powers of the Board of Trustees proposed to be exercised.

(c) Where, in the opinion of the Board of Trustees, it is not reasonably practicable to comply with paragraph (b), the Board of Trustees may exercise a power by the virtue of paragraph (a) without having complied therewith and, as soon as may be thereafter, shall give to any owner or occupier of the land concerned whose identity and whereabouts can be ascertained by the Board of Trustees by the taking of reasonable steps a notice in writing specifying the powers of the Board of Trustees exercised and the purposes of such exercise.

(3) (a) Where a person suffers loss, injury or damage or incurs expenditure in consequence of the exercise by the Board of Trustees of a power conferred on them by this section, the Board of Trustees shall pay to him or her compensation in respect of the loss, injury, damage or expenditure and the amount of the compensation shall, in default of agreement, be determined by arbitration under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Board of Trustees shall be deemed to be the promoter of the undertaking, and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modifications, express or implied, thereof effected by this Act) with this Act.

(b) In assessing the compensation payable to a person under paragraph (a), regard shall be had to any benefit to any property of the person that arises or may reasonably be expected to arise from the exercise of the power concerned or any other power under this section by the Board of Trustees and, in particular but without prejudice to the generality of the foregoing, shall, in the case of a claim for compensation in relation to water rights, have regard to the extent of the exercise of the water rights during the period of 20 years immediately before the exercise of the power concerned by the Board of Trustees and to any alternative water supply provided for the person by the Board of Trustees.”.