Minister For Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998
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Functions of Minister in relation to inland waterways. |
3.—(1) Without prejudice to the generality of section 5 of this Act, it shall be and be deemed always to have been a function of the Minister to manage and develop inland waterways. | |
(2) Subject to subsection (3) of this section, for the purposes of the performance of a function of the Minister relating to any inland waterway (including the Shannon navigation and the canals), the Minister may exercise any of the powers he or she has— | ||
(a) in relation to the Shannon navigation under the Shannon Navigation Act, 1990 , and | ||
(b) in relation to the canals under the Canals Act, 1986 , | ||
but without prejudice to the rights of any other person under either of those Acts. | ||
(3) Notwithstanding section 6(c) of the Canals Act, 1986 , and section 2 (e) of the Shannon Navigation Act, 1990 , the powers of the Minister under subsection (2) of this section shall extend to the doing to or in relation to public roads within the meaning of the Roads Act, 1993 , any of the things permitted by virtue of the said subsection (2). | ||
(4) The Minister may for stated reasons temporarily close— | ||
(a) an inland waterway, or | ||
(b) any part of an inland waterway, or | ||
(c) any land contiguous to an inland waterway including any towpath or embankment. | ||
(5) In this section— | ||
“the canals” has the same meaning as in the Canals Act, 1986 ; | ||
“develop” includes— | ||
(a) to carry out any works on, in, under or over land (including any road) forming part of an inland waterway and the making of any material change in the use of any structure or other land (including any road) which forms such a part or is contiguous to such land, and | ||
(b) to do anything in relation to an inland waterway that the Minister can do by virtue of subsection (2) of this section; | ||
“the Shannon navigation” has the same meaning as in the Shannon Navigation Act, 1990 . |