Galway Harbour Act, 1935

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Interference with roads.

41.—(1) The Board may cause any such public and private roads, highways, streets, footpaths, tunnels, streams, watercourses, railway-sidings, sewers, drains, pipes, wires and apparatus as shall be in or near the intended situation of the works to be opened, stopped up, broken up, crossed, altered, extended, diverted or otherwise interfered with (whether temporarily or permanently), as the Board shall think necessary or convenient for making and completing or in connection with the works or any of them, or the operations and conveniences connected therewith, or for any of the purposes of its undertaking; so that the Board do, previously to stopping up or otherwise interfering with the same, make and provide in lieu of such roads, highways, streets, footpaths, tunnels, streams, watercourses, railway sidings, sewers, drains, pipes, wires or apparatus, good and sufficient means of passing and repassing or conducting traffic by roads, paths, highways, streets, or railway sidings, and good and sufficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and good and sufficient alternative wires and other apparatus for such purposes as the wires and apparatus so to be altered or interfered with are accustomed to serve, as convenient in all respects as the public and private roads, highways, streets, footpaths, tunnels, streams, watercourses, railway sidings, sewers, drains, pipes, wires and apparatus so to be opened, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid:

Provided that before interfering with any public works under the control of a local authority the Board shall give three weeks' previous notice in writing to such local authority of the nature of its intended interference, and that the Board shall exercise its powers in respect of any such works to the reasonable satisfaction of the surveyor of such local authority:

Provided further that the Board shall not be authorised by virtue of this section to interfere with any works under the control of the Electricity Supply Board without having obtained the previous consent in writing of the Minister, who before giving any such consent shall consult the Electricity Supply Board and consider any representations which that Board may make to him.

(2) In case any dispute or difference shall arise between the Board and any person or body aggrieved by anything done or omitted to be done by the Board in exercise of its powers under this section every such dispute or difference shall be referred with full power to award costs to the final decision of two arbitrators, one chosen by each party, and, if they disagree, of an umpire chosen by them before they sit, and shall be deemed to have been so referred in pursuance of a submission by deed executed by the parties.