Local Government (Roads and Motorways) Act, 1974

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Procedure by road authority prior to submitting scheme to Minister.

5.—(1) Before submitting a scheme to the Minister pursuant to section 4 (4) of this Act, a road authority shall—

(a) publish in one or more newspapers circulating in the area to which the scheme relates a notice in the prescribed form stating that a scheme has been made under this Act and indicating times at which, the days on which and the place where a copy of the scheme and the map referred to therein may be inspected;

(b) serve, on every owner and occupier of any land to which the scheme relates and every owner and occupier of any other land affected by the scheme whose name and address can be ascertained by the road authority by reasonable enquiries, a notice in the prescribed form stating—

(i) the nature and extent of the scheme,

(ii) that the scheme will be submitted to the Minister for approval, and

(iii) the time within which and the manner in which objections can be made to the scheme.

(2) Whenever the Minister is satisfied in relation to a notice required to be served pursuant to subsection (1) (b) of this section that—

(a) reasonable grounds exist for dispensing with the service of the notice, and

(b) the dispensing with the service of the notice will not cause injury or damage to any person,

he may dispense with the service of the notice and every such dispensation shall have effect according to the terms thereof.

(3) Where a notice is required or authorised by this Act or any order or regulation made thereunder to be served on a person, it shall be addressed to him and shall be served on him in some one of the following ways:

(a) where it is addressed to him by name, by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice, is so required or authorised to be served, in respect of any land or premises by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.

(4) Where a notice is required by this Act or any order or regulation made thereunder to be served on an owner or occupier of any land or premises and the name of the owner or of the occupier, as the case may be, cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him.

(5) For the purposes of this section, a company within the meaning of the Companies Act, 1963 , shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.