Railways Act, 1924

Power to make orders as to acquisition of land, etc.

59.—(1) For enabling a railway company to effect alterations, extensions, and improvements of existing works in pursuance of an order of the railway tribunal or of the Minister or, on the application of a railway company, for enabling such company to make and provide any alteration, extension or improvement mentioned in section 45 of the Railway Clauses Act, 1845, the Minister may, after compliance with the provisions of this section, authorise the railway company to acquire the land and easements and to construct the works necessary to effect the alterations, extensions, and improvements aforesaid.

(2) Before an order is made under this section the railway company shall deposit with the Minister such plans, specifications, and other documents as shall be required by the Minister, and after the deposit of such documents the Minister shall give public notice, to be published once in the Iris Odfigiúil and once in each of three successive weeks in some one and the same newspaper circulating in the county or counties in which the land is situate, of his intention to consider the making thereof and of the manner in which and the time within which representations and objections in respect of the order may be made, and shall, if he shall consider it expedient so to do, cause a public inquiry to be held in regard to any matter relating to the making of such order.

(3) An order made under this section may incorporate—

(a) the Acquisition of Land (Assessment of Compensation) Act, 1919 , with the modification that the expression “public authority” shall include the said railway company, and

(b) the Lands Clauses Acts, so far as the same are not inconsistent with the said Acquisition of Land (Assessment of Compensation) Act, 1919 .

(4) No order shall be made under this section in respect of any matter which the Minister is of opinion, as a result of representations made to him or the report of the person holding a public inquiry, or otherwise, is of such a character or magnitude that it ought not to be proceeded with without the authority of the Oireachtas obtained by way of Private Bill.