Dublin Port and Docks (Bridges) Act, 1929

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Number 2 (Private) of 1929.


DUBLIN PORT AND DOCKS (BRIDGES) ACT, 1929.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary.

Section

1.

Division of Act into Parts.

2.

Incorporation of Acts.

3.

Interpretation of Terms.

PART II.

Butt Bridge Rebuilding, and Construction of Transporter Bridge.

4.

Power to make works and powers as to works.

5.

Errors and Omissions in Plans, etc., may be corrected.

6.

Limits of Deviation.

7.

Period for compulsory purchase of lands.

8.

Period for completion of works.

9.

River not to be obstructed.

10.

Lands for depositing materials, etc.

11.

Sewers, etc., may be stopped up or altered.

12.

Streets, etc., may be broken up subject to superintendence of the Borough Surveyor.

PART III.

Financial Provisions.

13.

Board to furnish estimates for cost of reconstruction or rebuilding Butt Bridge, and construction of Transporter Bridge.

14.

Procedure as to Estimates.

15.

Creation and Incidence of Bridge Rate.

16.

Bridge Rate area.

17.

Power to borrow on security of Bridge Rate.

18.

Creation of Stock.

19.

Charge of Bridge Stock.

20.

Application of certain provisions of previous Acts.

21.

Power to reborrow.

22.

Fees and Forms.

23.

Power to grant mortgages at fixed rates of interest after deduction of Income Tax.

24.

Statement of intended borrowing to be forwarded.

25.

Particulars to be furnished of loan when obtained.

26.

Interest on loan, etc., to be defrayed out of Bridge Rate.

27.

Mode in which Bridge Rate is to be levied.

28.

Rate to be one Rate though levied and collected in sections.

29.

As to differences, if any, between the Corporation, the County Council and the Board.

30.

Separate accounts to be kept.

31.

Application of moneys.

32.

Abolition of the Bridge Tax.

33.

Application of surplus borrowed money.

PART IV.

Bridges and Quay Walls.

34.

Rebuilding, repair and maintenance of Bridges and Quay Walls to be defrayed in future out of the Bridge Rate.

PART V.

Miscellaneous.

35.

Restrictions on displacing persons of working class.

36.

Jurisdiction of the Board.

37.

Powers to make bye-laws as to use of Butt Bridge and Transporter Bridge.

38.

Barge owners answerable for damage done by their servants.

39.

Saving rights of the State.

40.

For the protection of the Minister for Posts and Telegraphs.

41.

Consent of the Minister for Industry and Commerce to certain works.

42.

Power to Minister for Industry and Commerce to make surveys, etc.

43.

Power to Minister for Industry and Commerce to remove abandoned or decayed works.

44.

Provision against danger to navigation.

45.

Duty on Board to keep life-buoys, etc.

46.

Duty on Board to exhibit lights during construction, etc., of works.

47.

Cables, pipes or wires under or across tidal waters.

48.

For the protection of the Electricity Supply Board.

49.

Saving rights and interests of the Corporation.

50.

Saving rights of Alliance Gas Company.

51.

Saving rights of Grand Canal Company.

52.

Saving rights of the Great Southern Railways Company.

53.

Powers of Minister for Local Government and Public Health as to Inquiries.

54.

Repeal.

55.

Costs of Act.

56.

Short Title.

FIRST SCHEDULE.

SECOND SCHEDULE.

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Number 2 (Private) of 1929.


DUBLIN PORT AND DOCKS (BRIDGES) ACT, 1929.


AN ACT TO ENABLE THE DUBLIN PORT AND DOCKS BOARD TO REBUILD, ALTER AND ENLARGE BUTT BRIDGE; AND TO CONSTRUCT EASTWARD THEREOF A TRANSPORTER BRIDGE OVER THE RIVER LIFFEY; TO PROVIDE FUNDS FOR THE EXECUTION OF THESE WORKS; TO AUTHORISE AN ADDITIONAL RATE OR A SUBSTITUTED RATE IN THE PLACE OF CERTAIN EXISTING RATES AND FOR OTHER PURPOSES. [26th April, 1929.]

WHEREAS by “The Dublin Port and Docks Act, 1869” (hereinafter referred to as “the Act of 1869”) the various Acts of the Parliament of Ireland and of the United Kingdom relating to the Dublin Port and Docks Board (hereinafter called “the Board”) by its present title or by its former title of “The Corporation for Preserving and Improving the Port of Dublin” were consolidated and amended and (by Section 9) it was expressly enacted that the care management and superintendence of the Port of Dublin should be vested in the Board together with the building repairs and maintenance of all quay walls bridges and embankments included within the Port as defined by that Act:

AND WHEREAS by a Public General Act (hereinafter referred to as “The Act of 1854”) passed in the 17th year of Her late Majesty Queen Victoria and intituled “An Act to enable the Collector General of Dublin to levy money to repay a certain cutlay by the Corporation for Preserving and Improving the Port of Dublin in and about repairing the quay walls of the River Liffey and for future repairs thereof and for repairing and building bridges over the said River” it was among other things enacted that when and so often as it should be necessary to expend any money for the purpose of repairing or rebuilding the several bridges between O'Connell Bridge and Rory O'More Bridge, then respectively known as “Carlisle Bridge” and “Barrack Bridge,” including those two Bridges, the amount required should be estimated by the Corporation for Preserving and Improving the Port of Dublin and should be applotted raised and levied by the Collector General of Rates in the same manner as the Police Rate and that all the provisions contained in “An Act to provide for the collection of rates in the City of Dublin” (hereinafter referred to as “The Act of 1849”) for the applotting assessing raising levying lodging accounting for auditing and paying over the sums in the Act of 1849 mentioned should extend and be applicable to the Bridge Tax by the Act of 1854 authorised as fully as if the same had been specifically mentioned in the Act of 1849 and been declared to be one of the rates leviable thereunder, and it was by the Act of 1854 further provided that the Bridge Tax should be raised and levied on and out of all houses and other buildings erected within the district of Dublin Metropolis as defined or authorised to be defined by an Act of the 6th and 7th years of the reign of King William the Fourth intituled “An Act for improving the Police in the district of Dublin Metropolis” and any other Act amending the same, and that the proceeds of the Bridge Tax should be paid to the Board by its then name of the Corporation for Preserving and Improving the Port of Dublin:

AND WHEREAS by “The Dublin Port and Docks Board (Bridges) Act, 1876” (hereinafter referred to as “the Act of 1876”) the powers contained in the Act of 1854 were extended and the Board were among other things empowered to construct and maintain a new opening Bridge (hereinafter referred to as “Butt Bridge”) over the River Liffey and to borrow the money necessary for that purpose on the security of the Bridge Rate payable within the limits of the Bridge Area as defined by that Act:

AND WHEREAS Butt Bridge was constructed under the powers contained in the Act of 1876 by means of moneys borrowed on the security of the Bridge Rate and all moneys so borrowed and the interest thereon have been paid off and the Bridge Rate authorised to be levied under that Act has ceased to be leviable:

AND WHEREAS by “The Local Government (Ireland) Act 1898 ” the manner in which the Bridge Tax and Bridge Rate as therein defined should be collected was altered and amended:

AND WHEREAS by “The Dublin Port and Docks Act 1898” (hereinafter referred to as “the Act of 1898”) the Dublin Port and Docks Act, 1902 (hereinafter referred to as “the Act of 1902”) and the Dublin Port and Docks Act 1920 (hereinafter referred to as “the Act of 1920”) further powers (including the power to create and issue Redeemable Stock) were conferred on the Board:

AND WHEREAS Butt Bridge has proved insufficient for the accommodation of traffic resorting thereto, and it is no longer necessary that the same should be maintained as an opening bridge, and it is therefore expedient that powers with respect to the rebuilding altering and maintaining thereof should be conferred upon the Board as hereinafter provided:

AND WHEREAS owing to the great increase in and consequent congestion of traffic on the quays and other causes there is increasing need of further bridge accommodation across the River Liffey eastward of Butt Bridge and in order that navigation in the Harbour of Dublin may be interfered with as little as possible it is expedient that such further bridge accommodation should take the form of a transporter bridge:

AND WHEREAS neither the Act of 1854 nor the Act of 1876 contains any provisions for rebuilding Butt Bridge as a fixed bridge or for the construction of a bridge over the Liffey eastward of Butt Bridge and the Act of 1854 has moreover proved unequal and defective in its operation in certain respects and especially (having regard to existing conditions) in respect of the area of taxation, and inconvenient in that it provides only for the execution of works directly out of the produce of the Bridge Tax and not out of moneys borrowed on the security of that Tax:

AND WHEREAS the conditions affecting the Quay Walls between Butt Bridge and O'Connell Bridge are now in no respect different from the conditions affecting the several Quay Walls in the Port of Dublin westward of O'Connell Bridge and it is expedient that the Quay Walls between O'Connell Bridge and Butt Bridge should accordingly from and after the passing of this Act become and be repairable in like manner and out of the same funds as the said Quay Walls westward of O'Connell Bridge; and accordingly it is expedient that the Bridge Tax should be abolished and that the costs charges and expenses of the building rebuilding repairing and maintaining of all Quay Walls Bridges and Embankments within the Port of Dublin, commencing from and including Rory O'More Bridge and extending to and including Butt Bridge and any reconstruction thereof and of the building rebuilding repairing and maintaining of such proposed Transporter Bridge should from and after the 1st day of April next following the passing of this Act be defrayed out of one single rate to be authorised by this Act and to be called the “Bridge Rate” and that the working of such Transporter Bridge including the payment of officers and workmen necessary for that purpose should from and after the said bridge shall have been opened for traffic be defrayed as to one moiety thereof out of the Port Fund (as defined by section 224 of the Act of 1869) and as to the other moiety out of the said Bridge Rate:

AND WHEREAS it is expedient that such further provisions should be made and authorised as are in this Act mentioned:

AND WHEREAS Plans and Sections showing the lines and levels of the Works authorised by this Act and also Books of Reference were duly deposited with the Principal Clerk of the Private Bill Office, and are hereinafter respectively referred to as the deposited Plans and Sections and Books of Reference:

AND WHEREAS the purposes of this Act cannot be effected without the authority of the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—