Shannon Navigation Act, 1990
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Power of Commissioners to carry out works in relation to Shannon navigation and to enter land. |
4.—(1) (a) The Commissioners may, for the purposes of their functions under this Act— | |
(i) enter on any land and carry out on the land work in relation to the Shannon navigation or property vested in them for the purpose of the navigation, | ||
(ii) enter on any land and occupy it or otherwise make use of it for the purpose of carrying out work on other land in relation to the Shannon navigation or the property aforesaid, | ||
(iii) enter on any land for the purpose of gaining access to, inspecting or surveying the Shannon navigation, the said property or land specified in paragraph (a) or (b), | ||
and do on any such land all such other things as are, in their opinion, ancillary or reasonably necessary for the purposes aforesaid. | ||
(b) Not less than 14 days before exercising any power under paragraph (a) (other than subparagraph (iii)) the Commissioners shall give to any owner or occupier of the land concerned whose identity and whereabouts can be ascertained by the Commissioners by the taking of reasonable steps a notice in writing stating their intention to enter on the land and the purposes for which the entry is intended to be made and specifying the other powers proposed to be exercised. | ||
(c) A person to whom a notice has been given under this subsection may, not later than 14 days after the giving of the notice, apply, on notice to the Commissioners, to the justice of the District Court having jurisdiction in the District Court district in which the land is situated for an order prohibiting the entry and, upon the hearing of the application, the justice may, if he so thinks proper, either prohibit the entry or specify conditions to be complied with by the person making the entry. | ||
(d) Where a justice of the District Court prohibits under this subsection a proposed entry onto land, it shall not be lawful for any person to enter under paragraph (a) onto the land, and where a justice of the District Court specifies under this subsection conditions to be complied with by a person entering onto land, every person who enters onto the land under paragraph (a) shall comply with the conditions so specified. | ||
(2) (a) Where, in the opinion of the Commissioners— | ||
(i) the exercise of a power conferred on them by subsection (1) is urgently required for the purpose of preventing or minimising injury, loss or damage to persons or property, and | ||
(ii) it is not reasonably possible to comply, in relation to such exercise, with paragraph (b) of that subsection, | ||
the Commissioners may exercise the power without having complied in relation to such exercise, with that paragraph. | ||
(b) Before exercising a power by virtue of this subsection, the Commissioners shall give to any owner or occupier of the land whose identity and whereabouts can be ascertained by the Commissioners by the taking of reasonable steps notice of their intention to enter on the land, of the purposes for which the entry is intended to be made and of the other powers proposed to be exercised. | ||
(c) Where, in the opinion of the Commissioners, it is not reasonably possible to comply with paragraph (b), the Commissioners may exercise the power concerned without having complied therewith and, as soon as may be thereafter, shall give to any owner or occupier of the land concerned whose identity and whereabouts can be ascertained by the Commissioners by the taking of reasonable steps a notice in writing specifying the powers exercised and the purposes of such exercise. | ||
(3) (a) Where a person (other than a person whose land is acquired under section 2 (f)) suffers loss, injury or damage or incurs expenditure in consequence of the exercise by the Commissioners of a power conferred on them by this section or section 2 , the Commissioners shall pay to him compensation in respect of the loss, injury, damage or expenditure and the amount of the compensation shall, in default of agreement, be determined by arbitration under and in accordance with the Lands Clauses Acts and, for the purposes of those Acts, the Commissioners shall be deemed to be the promoter of the undertaking and this Act and the vesting order concerned shall be deemed to be the special Act; and, for the purposes of such determination, those Acts shall apply with any other necessary modifications and are incorporated (except insofar as they are inconsistent with and subject to any amendments or modifications, express or implied, thereof effected by this Act) with this Act. | ||
(b) In assessing the compensation payable to a person under paragraph (a), regard shall be had to any benefit to any property of the person that arises or may reasonably be expected to arise from the exercise of the power concerned or any other power under this section or the said section 2 by the Commissioners and, in particular but without prejudice to the generality of the foregoing, shall, in the case of a claim for compensation in relation to water rights, have regard to the extent of the exercise of the water rights during the period of 20 years immediately before the exercise of the power concerned by the Commissioners and to any alternative water supply provided for the person by the Commissioners. |