Liffey Reservoir Act, 1936

PART IV.

Powers and Duties of the Corporation.

Application of the Public Health (Ireland) Act, 1878, to the Scheduled Agreement.

17.—(1) The Scheduled Agreement shall be deemed for the purposes of the Public Health (Ireland) Act, 1878 , to be a contract for the supply of water made by the Corporation with the Board under section 61 of that Act, and accordingly the provisions of the said Act in relation to the supply of water by a sanitary authority and the purchase of land by a sanitary authority shall apply and have effect (subject to the modifications stated in this Act) in relation to the execution of the waterworks and the carrying out of the Scheduled Agreement by the Corporation.

(2) For the purposes of the application, in pursuance of the foregoing sub-section of this section, of the provisions of the Public Health (Ireland) Act, 1878 , mentioned in that sub-section to the execution of the waterworks and the carrying out of the Scheduled Agreement by the Corporation, the following modifications of the said provisions shall have effect, that is to say:—

(a) the period of one month shall be substituted for the period of three months mentioned in section 35 (as applied by section 64) of the said Act, and for the like period mentioned in section 36 (as so applied) of the said Act, and for the period of two months mentioned in section 63 of the said Act;

(b) the expression “water mains” where it occurs in section 64 of the said Act shall be construed as including aqueducts, conduits, culverts, and tunnels for conveying water for the purposes of a water supply ;

(c) in paragraph (2) of section 203 of the said Act, the word “twice” shall be substituted for the words “once at least in each of three consecutive weeks in the month of November”, and the words “in the month of December” shall be deleted;

(d) the Minister for Local Government and Public Health may require every owner, lessee, and occupier of lands who is stated in a petition presented under paragraph (3) of the said section 203 to have dissented in respect of the taking of such lands to furnish in writing to the said Minister a statement of the grounds on which such owner, lessee, or occupier so dissents and if, on consideration of the statements so furnished the said Minister is satisfied that, in the case of every such owner, lessee, or occupier, the grounds of dissent relate exclusively to matters which can be dealt with by the arbitrator when assessing the price of or compensation for such lands, it shall not be obligatory on the said Minister to hold such public inquiry as is mentioned in paragraph (4) of the said section 203 before making the provisional order prayed for in such petition;

(e) so much of the proviso to paragraph (5) of the said section 203 as relates to the months in which the notices mentioned in the said section 203 may be served and to the period within which the inquiry mentioned in the said section 203 may be held shall not apply ;

(f) the Rules set out in the Sixth Schedule to the Local Government Act, 1925 (No. 5 of 1925), shall apply to the confirmation of provisional orders but with the modifications that in Rule 1 of the said Rules the period of twenty-one days shall be substituted for the prescribed period and that so much of the said Rules as authorises the presentation of a petition to the Circuit Court and so much of the said Rules as relates to such petition shall not apply.