Liffey Reservoir Act, 1936

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Protection of public roads and bridges as against the Corporation.

28.—If and whenever the execution of the waterworks by the Corporation involves the diversion, removal, or other interference with any public road or bridge, the following provisions shall have effect, that is to say:—

(a) where the execution of the waterworks involves the closing of such road or bridge to traffic, the Corporation shall if the Minister for Local Government and Public Health so directs construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge in the same or some other convenient situation sufficient to carry traffic of such quantity and character as normally uses such road or bridge;

(b) the Corporation shall, at or before the completion of the waterworks, either restore such road or bridge to its former condition or construct in accordance with plans approved of by the Minister for Local Government and Public Health a new permanent road or bridge in the same or some other convenient situation sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge;

(c) where the Corporation constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district (other than the county borough of Dublin) than the original bridge, whether by affording an improved means of communication or otherwise, the Corporation shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost in his opinion ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of the maintenance of the road of which such new bridge is part and shall be paid by such council to the Corporation;

(d) if any doubt, dispute, or question shall arise whether the Corporation, in the construction, maintenance, or restoration of any temporary or permanent road or bridge pursuant to this sub-section, has complied with the provisions of this sub-section, or whether a permanent new bridge constructed by the Corporation confers substantially greater advantages on the public of any county or urban district than the original bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health, whose decision shall be final.