Local Government (Roads and Motorways) Act, 1974
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Provisions relating to approval by Minister of scheme. |
6.—(1) Before approving a scheme submitted to him under section 4 (4) of this Act, the Minister shall— | |
(a) cause a public local inquiry into all matters relating to the scheme to be held, | ||
(b) consider the report of the person conducting such inquiry, and | ||
(c) consider any objections to the scheme which have been lodged and which have not been withdrawn. | ||
(2) Whenever the Minister approves a scheme submitted to him pursuant to section 4 (4) of this Act, the road authority shall thereupon be authorised to acquire any land to which the scheme or, in case the scheme is modified by the Minister, the scheme as so modified relates, and, for that purpose, the scheme shall have the same effect as if it were a compulsory purchase order in respect of that land which, consequent on a decision made by the road authority, pursuant to section 10 (1) of the Local Government (No. 2) Act, 1960 , had been duly made and confirmed. | ||
(3) Whenever the Minister approves a scheme submitted to him by a road authority pursuant to section 4 (4) of this Act and declares any public road or any part thereof, or any proposed public road, to be a motorway pursuant to section 2 (2) of this Act, the road authority shall thereupon be authorised to close, stop up, remove, alter or divert any existing means of access (including access from a public road) to a motorway to which the scheme or, in case the scheme is modified by the Minister, the scheme as so modified relates. | ||
(4) In any case where the closing, stopping up, removing, altering or diverting of any means of access pursuant to subsection (3) of this section results in the owner of any land being deprived of the only means of access from that land to any public road the road authority shall not close, stop up, remove, alter or divert such means of access until an alternative means of access to a public road has been provided. | ||
(5) Whenever by reason of the construction of a motorway access from any land to a public road has been closed up, stopped up, removed, altered or diverted by a road authority pursuant to subsection (3) of this section and any person has suffered damage in consequence thereof by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, he shall be entitled to recover from the road authority compensation in respect of that damage: | ||
Provided that in assessing compensation regard shall be had to any new means of access provided by the road authority. | ||
(6) A claim for compensation under this section shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 , in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award. |