Transport Act, 1958

Closing of canal.

23.—(1) The Board may close to navigation any canal or part of a canal belonging to it which has not been used for public navigation for three years or more.

(2) The Board shall not close any canal or part of a canal unless, at least two months before doing so, the Board has published in Iris Oifigiúil and in such newspapers, circulating in the district in which the canal or part thereof is situate, as the Board thinks proper, notice of its intention to do so.

(3) Such closure shall not release the Board from any obligations (including obligations in regard to drainage or the prevention of flooding) to which the Board may be liable in regard to that canal or part, other than the obligation to keep it open and in a fit condition for navigation.

(4) The Board and the road authority within whose functional area any bridge over the canal or part so closed is situate may enter into an agreement for the transfer of the bridge and the obligation to maintain it to that road authority, and may carry such agreement into effect.

(5) The functions of a road authority under subsection (4) shall be a reserved function for the purposes of the enactments relating to that authority.

(6) In this section, “canal” has the meaning given to it by section 3 of the Regulation of Railways Act, 1873 .