Lough Corrib Navigation Act, 1945
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Execution and maintenance of certain works by contributing local authorities. |
14.—(1) Where it appears to a contributing local authority, after consultation with the Board of Trustees, to be necessary or desirable in the public interest to execute, within the functional area of the said local authority, new works in connection with the Navigation or to extend, improve or maintain existing works of the Navigation, it shall be lawful for the said local authority, with the consent of the Minister for Local Government and Public Health and subject to section 50 of the Arterial Drainage Act, 1945 (No. 3 of 1945), to undertake the execution or maintenance of such works, notwithstanding that such execution or maintenance is not necessary, or is not wholly necessary, for the purpose of the Navigation. | |
(2) The cost of the execution of any new works or the maintenance of any existing works by a contributing local authority under subsection (1) of this section shall be borne by that local authority. | ||
(3) (a) Where a contributing local authority executes new works or extends or improves existing works under subsection (1) of this section the following provisions shall have effect— | ||
(i) if an appreciation of the Navigation is thereby brought about, compensation shall be paid by the Board of Trustees to that local authority, | ||
(ii) if a depreciation of the Navigation is thereby brought about, compensation shall be paid by that local authority to the Board of Trustees. | ||
(b) Where any existing works are maintained by a contributing local authority under subsection (1) of this section, that local authority may recover from the Board of Trustees such portion of the cost as would have been necessary to maintain the existing work in a condition necessary for the purpose of the Navigation. | ||
(4) If any question arises whether compensation is payable by or to a contributing local authority under paragraph (a) of subsection (3) of this section or as to the amount of such compensation or whether any sum is recoverable by a contributing local authority under paragraph (b) of the said subsection or as to the, amount, of such sum, the question shall be referred to the Minister for Local Government and Public Health, whose decision shall be final. | ||
(5) As on and from the appointed day the Board of Trustees shall cease to be liable for the maintenance of the roadway from Woodquay to the public road, mentioned in Schedule B to the Navigation Award of 1859, and the said roadway shall be regarded, for the purposes of the said Act and any such order, as being an urban road. |