Local Government Act, 1925

Petrol pumps on roads.

35.—(1) In this section the expression “petrol pump” means and includes any pump, pipe, or other appliance for supplying motor spirit for motive power to motor cars and road locomotives.

(2) The council in whom the duty of maintaining any road is vested under this Act may grant to any person a licence to erect, construct, place, and maintain a petrol pump on, in, or under such road.

(3) A person applying for a licence under this section shall furnish to the council such plans and other information concerning the position, design, and capacity of the petrol pump as the council may require.

(4) A licence may be granted by a council under this section for such period and upon such conditions as the council may prescribe, and where by reason of the increase or alteration of traffic on the road or of the widening of the road or of any improvement of or relating to the road, the petrol pump causes an obstraction or becomes dangerous, the council may by notice in writing withdraw the licence and require the licensee to remove such petrol pump at his own expense

(5) Any person aggrieved by a decision of a council granting, refusing, withdrawing or continuing a licence under this section or by the conditions prescribed by a council for such a licence may appeal to the Minister who may by order do or direct to be done such acts and things in the matter to which the appeal relates as he shall think proper and the council whose decision is appealed against could lawfully have done, and such order shall thereupon have the same effect as if made by the council under this section and shall be carried into effect by the council accordingly.

(6) The Minister may make regulations prescribing the amount of the fee to be paid to a council for the grant of a licence under this section, and any such fees received by a council shall be paid into the Road Fund established under section 3 of the Roads Act, 1920 , in accordance with the directions of the Minister for Finance.

(7) Nothing in this section shall be construed—

(a) to affect the application to petrol pumps of the regulations for the time being in force relating to the storage or sale of motor spirit or to authorise the use of a petrol pump otherwise than in accordance with those regulations, or

(b) to affect or diminish the rights of the owner of the soil of the road on which any petrol pump is erected or of any person claiming under such owner.

(8) Any person who—

(a) erects, constructs, places, or maintains a petrol pump on any road without having a licence under this section so to do, or

(b) erects, constructs, places, or maintains a petrol pump on any road otherwise than in accordance with a licence under this section, or

(c) contravenes any condition subject to which a licence has been granted to him under this section,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding ten pounds.