Shannon Electricity Act, 1925

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Number 26 of 1925.


SHANNON ELECTRICITY ACT, 1925.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Minister may undertake production of electricity.

3.

General powers of Minister.

4.

Minister may acquire land, etc., compulsorily.

5.

Ascertainment of price or compensation.

6.

Tribunal to fix price or compensation.

7.

Minister may delegate construction, etc., of railway or tramway.

8.

Minister may improve navigation of rivers, etc.

9.

Minister may drain lands.

10.

Deposits of plans, etc.

11.

Provision of money for undertaking.

12.

Disposal of surplus lands, etc.

13.

Supply of electricity.

14.

Lands benefited by drainage, etc., to be charged with certain payments.

15.

Protection of ancient monuments.

16.

Protection of fisheries.

17.

Protection of postal and telegraphic services.

18.

Protection of public roads and bridges.

19.

Service of notices.

20.

Short title.

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Number 26 of 1925.


SHANNON ELECTRICITY ACT, 1925.


AN ACT TO AUTHORISE AND PROVIDE FOR THE PRODUCTION BY THE STATE OF ELECTRICITY GENERATED BY MEANS OF HYDRAULIC POWER DERIVED FROM THE WATERS OF THE RIVER SHANNON AND FOR THE DISTRIBUTION AND SUPPLY BY THE STATE OF THE ELECTRICITY SO GENERATED AND FOR OTHER MATTERS INCIDENTAL THERETO OR ARISING IN THE COURSE THEREOF OR IN CONNECTION THEREWITH. [4th July, 1925.]

BE IT ENACTED BY THE OIREACHTAS OF SAORST?T EIREANN AS FOLLOWS:—

Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the word “contractor” means a person doing work for the Minister under a contract or agreement made under this Act by him with the Minister;

the expression “local authority” means and includes a county council, a county or other borough council, an urban district council, and the commissioners of a town.

Minister may undertake production of electricity.

2.—The Minister may undertake the production and generation of electricity by means of hydraulic power derived from the waters of the River Shannon and the distribution and supply of the electricity so produced, and such undertaking is in this Act referred to as “the undertaking.”

General powers of Minister.

3.—(1) The Minister may for the purpose of the undertaking do all or any of the following things, that is to say:—

(a) acquire, construct, or otherwise provide and maintain houses or other dwelling accommodation and canteens, clubs, and other places of refreshment or recreation for persons employed (whether by the Minister or a contractor) in the construction of works, the management, working, or conduct of the undertaking, or the doing of any other act or thing which the Minister is authorised by this Act to do;

(b) impound, hold up, divert, take, and use the waters of the River Shannon and any river or stream tributary thereto and any lake, pond, or canal thereon or connected thereto;

(c) embank, dam, dredge, deepen, widen, straighten, divert, and otherwise alter the River Shannon or any river or stream tributary thereto;

(d) embank, dam, dredge, alter the level of, and otherwise affect any lake, pond, or other water on or connected directly or indirectly with the River Shannon;

(e) remove, or alter, repair, construct, and maintain such sluices, weirs, dams, embankments, and other works as may be necessary for or incidental to the doing of any of the things mentioned in the foregoing paragraphs;

(f) construct and maintain generating stations, powerhouses, transformer stations, and other stations and places for generating, transforming, storing, or otherwise dealing with electricity;

(g) purchase, hire, or otherwise provide, and maintain machinery, plant, and equipment for all generating stations, power-houses, transformer stations, and other stations and places constructed under the foregoing paragraph, but so that, until the Oireachtas otherwise determines, the capacity of the machinery, plant, and equipment so provided for generating electricity shall not exceed one hundred thousand horse-power;

(h) construct, maintain and work railways and tramways (whether worked by steam, internal combustion, or electric power), docks, and piers;

(i) construct and maintain lines for the transmission of electricity at any voltage above, on, or under any public or private land or water, or any road, street, way, railway, tramway, or dock, or any natural or artificial waterway or harbour;

(j) break-up the surface of and lay and maintain mains in, and erect and maintain poles and other supports (with or without electricity transformers) on any place above, on, or under which the Minister is by this Act authorised to construct lines for the transmission of electricity;

(k) close, divert, or remove any public or private street, road, way, or bridge;

(l) enter on any lands or premises for the purposes of doing thereon or on any other lands or premises all or any of the things which he is by this sub-section authorised to do or making thereon or on any other lands or premises any inquiry, investigation, or examination preliminary or incidental to the doing of any such thing;

(m) do any act or thing which may be necessary for or incidental to the doing of anything which he is by this sub-section authorised to do.

(2) The Minister may contract with any person to do all or any of the things which the Minister is authorised by sub-section (1) of this section to do, and for that purpose the Minister may with the sanction of the Minister for Finance enter into contracts and agreements.

(3) Whenever the Minister enters under this section into any contract or agreement for the doing of anything which the Minister is authorised by sub-section (1) of this section to do, the Minister may by order, confer on the contractor the right to do such of the things which the Minister is authorised by the said sub-section (1) to do as the Minister shall think proper and shall specify in the order, and thereupon such contractor shall have the right (concurrently with the Minister) to do all or any of the things so specified in the order as fully as if such right were conferred on him by this Act, but so far as and no further than is necessary for the due execution of the contract or agreement.

Minister may acquire land, etc., compulsorily.

4.—(1) For the purpose of the undertaking or the doing of anything which the Minister is by this Act authorised to do (whether the Minister does such thing himself or by a contractor) the Minister may do all or any of the following things, that is to say:—

(a) compulsorily acquire (either permanently or temporarily) any lands or premises;

(b) compulsorily acquire (either permanently or temporarily) any easement, way-leave, water-right, fishing right, or other right over or in respect of any lands, premises, or water;

(c) compulsorily terminate, restrict, or otherwise interfere with (either permanently or temporarily) any easement, way-leave, water-right, fishing right, or other right existing over or in respect of any lands, premises, or water;

(d) compulsorily divert, close, remove, or otherwise interfere with (either permanently or temporarily) any public or private road, way, or bridge, or any canal or other artificial water-way or any artificial water-course.

(2) At any time after the passing of this Act and before conveyance or ascertainment of price or compensation, but subject to giving not less than one month's or, in the case of an occupied dwelling house, three months' previous notice in writing to the occupier of the lands or premises or the owner of the right of way or other property affected, the Minister may enter on and take possession of any lands or premises or exercise any right which the Minister is authorised by this section to acquire compulsorily, or may terminate, restrict, or otherwise interfere with any right which the Minister is authorised by this section compulsorily to terminate, restrict, or interfere with or may divert, close, remove, or otherwise interfere with any road, way, bridge, water-way, or water-course which the Minister is authorised by this section compulsorily to divert, close, remove, or interfere with.

(3) The Minister may by order confer on a contractor the right to do such of the things which the Minister is authorised by sub-section (2) of this section to do as the Minister shall think proper and shall specify in the order and thereupon such contractor shall have the right (concurrently with the Minister) subject to giving the notice required by the said sub-section (2) to do all or any of the things so specified in the order as fully as if such right were conferred on him by this Act, but so far as and no further than is necessary for the due execution of his contract or agreement.

Ascertainment of price or compensation.

5.—(1) The amount of the price or compensation to be paid by the Minister for lands and premises compulsorily acquired (whether permanently or temporarily) by him under this Act to the several persons entitled thereto or having estates or interests therein, or for or in respect of easements, way-leaves, water-rights, fishing rights and other rights compulsorily acquired (whether permanently or temporarily) by him to the owner thereof or the several persons entitled to or having estates or interests in the lands and premises over or in respect of which such rights are so acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 .

(2) The amount of the compensation to be paid by the Minister on account of the compulsory termination, restriction, or other interference (whether permanent or temporary) under this Act of or with any easement, water-right, fishing right, or other right existing over or in respect of any lands, premises, or water, or the compulsory diversion, closing, removal, or other interference (whether permanent or temporary) under this Act of or with any private road, way, or bridge or any canal or other artificial water-way or any artificial water-course shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , in like manner as if such compensation were the price of land compulsorily acquired.

(3) When any price or compensation is being assessed in pursuance of this section in respect of any property, corporeal or incorporeal, which is occupied, used or enjoyed with or forms part of any other property, regard shall be had to any benefit in the nature of drainage or improvement of water supply which may reasonably be expected to accrue to such property by reason of any works executed or in course of execution or about to be executed by the Minister under this Act.

(4) All claims for price or compensation in respect of any land, premises, or right compulsorily acquired or any right, way, or other property compulsorily interfered with under this Act shall be made within one year after such land, premises, right, way, or property is first entered on, exercised, or interfered with by the Minister or a contractor under this Act, save that in the case of compensation for the permanent interference with a fishery right the claim may be made at any time within ten years after the completion of the works by which the fishery right is so interfered with.

(5) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to any price or compensation payable by the Minister under this section and to the conveyance to the Minister of property, corporeal or incorporeal, compulsorily acquired by him under this Act, and for the purpose of such application the Minister shall be deemed to be the promoter of the undertaking.

(6) No action shall lie at law or in equity against the Minister or any contractor or any officer or servant of the Minister or any contractor for or on account of any act, matter, or thing in respect of which compensation is payable by virtue of this section.

Tribunal to fix price or compensation.

6.—(1) Whenever the amount of any price or compensation is by virtue of this Act to be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , such price or compensation shall be so fixed by one or more arbitrators appointed under this section in lieu of an official arbitrator appointed under that Act, and all references in that Act to an official arbitrator shall be construed as references to an arbitrator or arbitrators appointed under this section.

(2) A committee (in this Act called the Reference Committee) consisting of the Chief Justice of the Irish Free State, the President of the High Court, and the Chairman of the Surveyors' Institution (Irish Branch) shall as and when so requested by the Minister appoint such number as the Minister, with the sanction of the Minister for Finance, shall direct of fit and proper persons to be arbitrators for the purposes of this Act.

(3) Every person so appointed to be an arbitrator for the purposes of this Act shall hold such appointment on such terms and subject to such conditions and shall be paid by the Minister as part of the costs of the undertaking such remuneration as the Minister for Finance shall direct.

(4) For the purposes of this Act all references contained in the Acquisition of Land (Assessment of Compensation) Act, 1919 , to the Reference Committee shall be construed and have effect as references to the Reference Committee nominated in this section.

(5) The power conferred by sub-section (7) of section 3 of the Acquisition of Land (Assessment of Compensation) Act, 1919 , on the Reference Committee to make rules shall include a power to make rules, with the sanction of the Minister for Finance, prescribing the number of arbitrators appointed under this section by whom applications or different classes of applications for the fixing of any price or compensation under this Act shall be heard.

Minister may delegate construction, etc., of railway on tramway.

7.—(1) The Minister may arrange with any local authority or other public body or any company either—

(a) that such authority, body or company will at their own expense construct, maintain, and work or construct or maintain or work any railway or tramway which the Minister is by this Act authorised to construct, maintain, and work, or

(b) that the Minister will construct, maintain, and work or construct or maintain or work any such railway or tramway for and at the expense of such authority, body, or company.

(2) Whenever the Minister enters into any such arrangement as aforesaid, the Minister may by order delegate to and confer on the authority, body or company with which the arrangement is made such of the powers conferred on the Minister by this Act as shall in the opinion of the Minister be reasonably necessary for the due carrying out of such arrangement by such authority, body, or company.

(3) Any local authority or other public body or company may, notwithstanding any statutory or other limitation of their powers, enter into any such arrangement as aforesaid with the Minister, and, without prejudice to any existing powers of borrowing and notwithstanding any existing restrictions on borrowing, may for the purpose of carrying out the arrangement borrow money in such manner and upon such terms, conditions, and security as, in the case of a local authority whose accounts are audited by an auditor of the Minister for Local Government and Public Health, shall be prescribed by that Minister, or, in any other case, shall be approved by the Minister for Industry and Commerce.

(4) When any railway constructed under an arrangement made under this section has been completed and the statutory requirements for the time being in force in relation to the opening of a railway for public traffic have been complied with, the Minister may require the railway to be worked by any then existing railway company nominated by him, upon such terms and conditions in all respects (including the charges to be made on such railway by such company) as may be determined by agreement made between such railway company and the authority, body, or company by or for whom the railway was constructed and approved of by the Minister.

(5) When a railway constructed by the Minister under this Act or constructed under an arrangement made under this section is opened for public traffic and is worked by the Minister or by the local authority, public body, or company by or for whom it was constructed, the charges to be made on the railway shall be fixed by the Railway Tribunal and such charges or any of them may at any time be revised by the Railway Tribunal on the application of the person working the railway or any representative body of users of the railway or any trader using the railway.

Minister may improve navigation of rivers, etc.

8.—(1) The Minister may construct all such embankments, piers, wharves, locks, sluices, and other works and do such dredging, straightening, deepening, widening, and other things for the improvement of the navigation of the River Shannon or any river or stream tributary thereto, or any lake thereon or connected therewith as may be incidental or ancillary to the undertaking or can in the opinion of the Minister be conveniently constructed or done in the course of the doing of any other thing which the Minister is authorised by this Act to do.

(2) Where the Minister constructs any works under this section he shall maintain the same unless and until the Oireachtas makes other provision for the maintenance thereof.

Minister may drain lands.

9.—(1) The Minister may construct such works and do all such things for the purpose of draining or improving by drainage any lands adjacent to or in the neighbourhood of the River Shannon or any river or stream tributary thereto or any lake, pond, or other water thereon or connected thereto as may be incidental or ancillary to the undertaking or can in the opinion of the Minister be conveniently constructed or done in the course of the doing of any other thing which the Minister is authorised by this Act to do.

(2) Where the Minister constructs any works under this section he shall maintain the same unless and until the Oireachtas makes other provision for the maintenance thereof.

Deposits of plans, etc.

10.—(1) As soon as may be after the passing of this Act and not later than one month before commencing any particular civil constructional works under this Act or, for that purpose, entering on any lands or premises or exercising any right or interfering with any property, corporeal or incorporeal, under this Act, the Minister shall cause maps, plans, and books of reference in relation to those works to be deposited as hereinafter mentioned.

(2) The maps and plans to be deposited under this section shall be sufficient in quantity and character to show on adequate scales the extent of the civil constructional works to which they relate with all contemplated deviations and variations, and also all property, corporeal and (where appropriate) incorporeal, proposed to be acquired compulsorily for the purpose of such works and also every interference (so far as the same can be shown on a drawing) proposed to be made compulsorily for the said purpose with any property, corporeal or incorporeal, or any road or bridge.

(3) The books of reference to be deposited under this section shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all lands and premises proposed to be acquired or otherwise affected compulsorily under this Act for the purpose of the civil constructional works in relation to which they are deposited and of all property, corporeal or incorporeal (including roads and bridges), proposed to be in any way interfered with compulsorily under this Act for the purpose of such works.

(4) The maps, plans, and books of reference to be deposited under this section shall be deposited at some office of the Minister in the City of Dublin, and also, in the case of maps, plans, and books of reference relating to works or property south of the bridge crossing the River Shannon at the northern end of Lough Derg and known as Portumna Bridge, at a convenient place in the City of Limerick, and, in the case of maps, plans, and books of reference relating to works or property north of the said bridge, at a convenient place in the town of Portumna, and all such maps, plans, and books of reference shall remain so deposited until the completion of the works to which they relate, and while so deposited shall be open to inspection by any person free of charge at the place of deposit between the hours of ten o'clock in the morning and four o'clock in the afternoon of every day except Sundays and bank holidays.

(5) As soon as may be after the deposit of any maps, plans, or books of reference in any city or town in pursuance of this section, the Minister shall give public notice of such deposit by advertisement published twice in each of two or more newspapers circulating in such city or town, and shall in every such notice state that such maps, plans, and books of reference are open to public inspection in accordance with this section.

Provision of money for undertaking.

11.—(1) The Minister for Finance may, subject to the limitation hereinafter imposed, advance out of the Central Fund or the growing produce thereof such sums as may be required by the Minister for Industry and Commerce for the purpose of the undertaking or the doing of anything which he is by this Act authorised to do or for the payment of any price, compensation or other moneys which shall by virtue of this Act become payable by him.

(2) Advances under this section from the Central Fund or the growing produce thereof shall be made to a separate fund to be established for the purpose and all payments to be made out of the sums advanced under this section shall, subject to the sanction of the Minister for Finance, be met from such separate fund.

(3) On or before the 1st day of October in every financial year an account of the separate fund to be established as aforesaid shall be rendered in respect of the previous financial year by the Minister for Industry and Commerce in such form as the Minister for Finance shall direct, and every such account shall be subject to audit by the Comptroller and Auditor-General and shall be laid before each House of the Oireachtas.

(4) Interest shall be paid out of the said separate fund at such rates and times and in such manner as the Minister for Finance shall direct on all advances made under this section from the Central Fund or the growing produce thereof.

(5) The total amount of the advances to be made under this section out of the Central Fund or the growing produce thereof shall not exceed the sum of five millions, two hundred and ten thousand pounds.

(6) The Minister for Finance may, for the purpose of providing for the advance of sums out of the Central Fund under this section, or for the repayment to that Fund of all or any sums so advanced or for paying off securities issued under this section so far as such payment is not otherwise provided for, borrow by means of the issue of such securities as he thinks proper.

(7) All moneys borrowed under this section shall be paid into the Exchequer.

(8) The principal of and interest on all securities issued under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.

Disposal of surplus lands, etc.

12.—Whenever any lands, premises, or other property real or personal, acquired or purchased by the Minister under this Act or any works constructed by or for the Minister or under any arrangement made with the Minister under this Act—

(a) were so acquired, purchased, or constructed for the purpose of the execution of works authorised by this Act and, in the opinion of the Minister, have ceased to be required for that purpose and will not be required for the purposes of the undertaking when completed, or

(b) have for any other reason become, in the opinion of the Minister, surplus to and unnecessary for the undertaking,

the Minister may sell, lease, or otherwise dispose of such lands, premises, property, or works for the benefit of the Exchequer in such manner and upon such terms as the Minister with the approval of the Minister for Finance shall think proper.

Supply of electricity.

13.—(1) Subject to the sanction of the Minister for Finance given either generally or for any particular case, the Minister may supply, during the construction under this Act of works for the purpose of the undertaking, on such terms and conditions as he thinks proper to any person, whether for his own use or for re-sale, any quantity of electricity produced by the undertaking during such construction of works.

(2) The Minister may before or as a condition for the construction of transmission lines, transformer stations, or other works for the delivery of a supply of electricity to any particular person or group of persons, require such person or persons to enter into an agreement or agreements with the Minister to take, for his or their own use or for re-sale, a supply of electricity when available in such minimum quantity as the Minister, having regard to the cost of the works required for the delivery of such supply shall consider reasonable and shall specify and at such price or prices as the Minister may be authorised by or under statute to charge therefor.

(3) Any local authority or other public body or any company may, notwithstanding any statutory or other limitation of their powers, enter into and carry out any contract or agreement with the Minister under this section.

Lands benefited by drainage, etc., to be charged with certain payments.

14.—(1) If and whenever the Minister is of opinion that any lands or premises have been benefited by way of drainage, protection from flooding, or improvement of water supply by reason of any works executed by the Minister under this Act, the Minister may, by notice in writing served on or sent by prepaid post to the rated occupier and (if he can be found) the reputed proprietor of such lands or premises, require that such lands or premises be charged with the payment to the Minister of a capital sum equal to the amount by which the capital value of such lands or premises has been increased by reason of such benefit.

(2) The fact of such benefit and the amount (if any) by which the capital value of the said lands or premises has been increased thereby shall, in default of agreement, be determined by an arbitrator appointed after consultation with the Minister for Lands and Agriculture by the Reference Committee under section 6 of this Act.

(3) Whenever such arbitrator determines that any lands or premises have been benefited and the capital value thereof increased as aforesaid he shall make an order declaring the fact of such benefit and the amount of such increase, and such order shall operate and be expressed to charge such lands or premises (in priority to all other charges and incumbrances except charges or incumbrances then existing and created by or under an Act passed before this Act) with the payment to the Minister for Finance of the amount of such increase of values as thereby declared with interest thereon as hereinafter mentioned by means of a terminable rentcharge calculated in such manner and extending over such period as is hereinafter mentioned.

(4) Unless and until the Oireachtas makes other provision in regard thereto, the interest aforesaid shall be calculated at such rate and from such date and the terminable rentcharge aforesaid shall be calculated in such manner and be payable for such period and in such manner as shall be prescribed by regulations made by the Minister for Finance.

(5) For the purposes of this section, the fact that electricity is obtainable or obtainable at any particular price or in any particular quantity or manner from the undertaking shall not be deemed to be a benefit to any lands or premises.

Protection of ancient monuments.

15.—If and whenever the execution of any works under this Act would or might involve the destruction or injury of or any interference with any ancient monument which in the opinion of the Minister is of public interest by reason of the historical, traditional, archæological, or artistic interest attaching thereto, the Minister may with the consent of the Commissioners of Public Works in Ireland by order constitute the said Commissioners guardians of such monument under the Ancient Monuments Protection Acts, 1882 and 1892, and thereupon such Acts shall apply to such monument and the said Commissioners shall take such steps whether by removal and re-erection, raising, embanking or otherwise as they shall consider necessary for the protection of such monument.

Protection of fisheries.

16.—When constructing works under this Act it shall not be obligatory on the Minister or any contractor to comply with the Fisheries (Ireland) Acts, 1842 to 1909, but the Minister shall take and make or, in the case of works executed for him by a contractor procure that the contractor shall take and make such precautions and provisions as the Minister, after consultation with the Minister for Fisheries, shall consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the construction of any works under this Act, unless the Minister after such consultation as aforesaid is satisfied that such protection cannot be afforded or such injury cannot be avoided without substantial detriment to the works or substantial hindrance to their construction.

Protection of postal and telegraphic services.

17.—(1) Neither the Minister nor any contractor executing works for him under this Act shall by virtue of this Act acquire, enter on, remove, or otherwise interfere with any lands, premises, buildings, works, plant, materials, or other property of the Minister for Posts and Telegraphs or erect any works or do any other matter or thing which in the opinion of the Minister for Posts and Telegraphs would obstruct, delay, hinder, or otherwise injuriously affect the due execution of the public services of the Department of Posts and Telegraphs unless the Minister for Industry and Commerce after consultation with the Minister for Posts and Telegraphs—

(a) is of opinion that compliance with the foregoing provisions of this sub-section would be substantially detrimental to the undertaking or would materially hinder the construction of the works necessary therefor; and

(b) gives to the Minister for Posts and Telegraphs six months notice (or such shorter notice as the said Minister shall accept) in writing, of the matters and things in respect of which it is intended not to comply with the said provisions of this sub-section.

(2) Whenever the Minister for Industry and Commerce gives to the Minister for Posts and Telegraphs a notice under the foregoing sub-section of his intention not to comply with the provisions of that sub-section the Minister for Posts and Telegraphs may obtain such alternative facilities and accommodation and such materials, plant, apparatus, and things and do and execute all such works as in his opinion shall be necessary for the safeguarding of his property and the public services of his Department from injury or obstruction by reason of such non-compliance, and the Minister for Industry and Commerce shall pay to the Minister for Posts and Telegraphs all expenses (whether a lump sum or a recurring charge) which the last-mentioned Minister shall certify to have been incurred by him in obtaining such facilities, accommodation, things and doing or executing such works.

(3) Whenever the Minister for Industry and Commerce or any contractor proposes to execute any works or do any act, matter, or thing under this Act which would or might interfere in any way with the property of the Minister for Posts and Telegraphs or the public services of his Department, the Minister for Industry and Commerce or the contractor (as the case may require) shall, not less than six months (or such shorter time as shall be consented to by the Minister for Posts and Telegraphs) before commencing to execute such works or do such act, matter, or thing, give to the Minister for Posts and Telegraphs notice in writing of his intention to execute such works, or do such act, matter, or thing.

Protection of public roads and bridges.

18.—If and whenever the execution of any works under this Act involves the diversion, removal, or other interference with any public road or bridge the following provisions shall have effect, that is to say:—

(a) where the execution of the works involves the closing of the road or bridge to traffic the Minister shall construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge in the same or some other convenient situation sufficient to carry traffic of such quantity and character as normally uses such road or bridge;

(b) the Minister shall at or before the completion of the works either restore the road or bridge to its former condition or construct, after consultation with the Minister for Local Government and Public Health, a new permanent road or bridge in the same or some other convenient situation sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge;

(c) where the Minister constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district than the original bridge, by affording an improved means of communication or otherwise, the Minister shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost in his opinion ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of the maintenance of such county or urban roads (as the case may be) and shall be paid by such council to the Minister;

(d) if any doubt, dispute or question shall arise as to whether the Minister in the construction, maintenance or restoration of any temporary or permanent road or bridge pursuant to this section has complied with the provisions of this section, or as to whether a permanent new bridge constructed by the Minister confers substantially greater advantages on the public of any county or urban district than the original bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health whose decision shall be conclusive and final.

Service of notices.

19.—Any notice required by this or any other Act to be served on or sent or given to any person for any purpose in relation to the undertaking shall be sufficiently served, sent, or given, if sent by registered post in an envelope addressed to such person at his last known place of abode and shall be deemed to have been so served, sent, or given at the time at which such envelope would be delivered in the ordinary course of post at the place to which it is addressed.

Short title.

20.—This Act may be cited as the Shannon Electricity Act, 1925.