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Certified works, and execution thereof.
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1.—(1) Where it is certified to the Treasury by the Lord Lieutenant that the construction, re-construction, repair or improvement under this Act of a marine work, or the appurtenances thereof, or any approaches thereto, or any part of the same respectively, is necessary for the development of any industry or trade carried on by the inhabitants of a congested districts county, and that, owing to exceptional circumstances, the work cannot be executed without special assistance from the State, the Treasury may make advances by way of grant to the Board of Works, to be applied by them in the execution and equipment of the certified work: Provided that the Treasury shall not make any such advance unless—
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(a) they are satisfied that the Congested Districts Board, the Department of Agriculture and local authorities have, by the free grant of land, or by agreeing to make and maintain ancillary works, or otherwise, and that persons locally interested have, in such manner as aforesaid or by pecuniary contributions given all reasonable assistance and facilities in their power towards the objects of the work; and
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(b) the council of the county or, if more than one, of each county, appearing to the Lord Lieutenant to be interested in the work, have agreed to pay such an annual sum as is herein-after mentioned (in this Act referred to as “the county contribution”).
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(2) The Board of Works may make, or procure to be made, any surveys, maps, plans and estimates necessary for the execution of the certified work, and the costs and expenses of and incidental to the making thereof shall be defrayed out of the advances to be made under this Act.
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(3) For the purposes of this section, the Board of Works shall have all the powers conferred by the Lands Clauses Acts upon the promoters of an undertaking: Provided that, for the said purposes, the award of the arbitrator under those Acts shall be final, and the provisions of those Acts with respect to traverses shall not apply.
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(4) The Board of Works may execute the certified work, or, with the approval of the Treasury, enter into an agreement or contract with any county or district council, or any public department or person, for the execution thereof or any part thereof, or any work ancillary thereto.
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