Transport Act, 1963
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Provisions in relation to railway works order. |
7.—The following provisions shall have effect in relation to a railway works order, that is to say:— | |
(a) the order shall contain such provisions as the Minister thinks necessary or expedient for the purpose of the order; | ||
(b) without prejudice to the generality of paragraph (a) of this subsection— | ||
(i) the order may contain provisions authorising the Board to acquire compulsorily any land the acquisition of which is, in the opinion of the Minister, necessary for giving effect to the order, | ||
(ii) the order may grant to the Board any rights in or over land or water, or, subject to the consent of the Minister for Local Government, in or over any public road, the grant of which is, in the opinion of the Minister, necessary for giving effect to the order, | ||
(iii) the order shall, in respect of any land so acquired or any right over land or water so granted, provide for the payment of compensation by the Board to the several persons having estates or interests in the land or water, and shall provide that any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , and for this purpose the Board shall be deemed to be a public authority within the meaning of the said Act, | ||
(iv) the order may incorporate all or any of the provisions of the Lands Clauses Acts, with such modifications and adaptations as the Minister thinks proper, | ||
(v) the order shall specify the manner in which the railway works to which the order relates are to be constructed, | ||
(vi) the order may fix the period within which the construction of the railway works is to be completed, | ||
(vii) the order may contain provisions as to the manner in which the railway works are to be operated and maintained, | ||
(viii) the order shall contain all such provisions as the Minister thinks proper for the protection of the public generally and any persons affected by the order, | ||
(ix) the order may provide that where the Board acts in contravention (whether by commission or omission) of any specified provision of the order, the Board shall be guilty of an offence under the order and shall be liable on summary conviction thereof to such fine (not exceeding one hundred pounds) as may be specified in the order in respect of the offence and, in the case of a continuing offence, such further fine (not exceeding twenty pounds) as may be specified in the order in respect of the offence for each day during which the offence is continued after conviction thereof, | ||
(x) the order may incorporate any provisions (including penal provisions) contained in any enactment relating to railways, with such adaptations and modifications as the Minister thinks proper, | ||
(xi) the order may contain provisions authorising the Board at any time before conveyance of, or ascertainment of price or compensation for, land being compulsorily acquired by the Board under the order to enter and take possession of the land, and provisions— | ||
(I) requiring the Board, if it so enters and takes possession of the land, to pay to the occupier of the land interest on the amount of the price or compensation payable under this Act to the occupier at the rate of three per cent, per annum from the date of the entry until payment of the price or compensation, | ||
(II) requiring the Board, if it so enters and takes possession of the land, to give to the occupier of the land at least one month's or, in the case of an occupied dwelling-house, three months', previous notice in writing of its intention to enter on or take possession of any land under this section, | ||
(III) authorising the Board to serve the notice aforesaid on a person by sending it by prepaid post in an envelope addressed to the person at his usual or last known address and deeming the notice to have been served on the person at the time at which the envelope would be delivered in the ordinary course of post and authorising the addressing of the envelope to the person for whom it is intended (in case it cannot be addressed in the manner aforesaid) in either or both of the following ways; that is to say: | ||
(A) by the description “the owner” or “the occupier” (as the case may be) without stating his name, | ||
(B) at the land or the situation of the property to which the notice contained in the envelope relates, | ||
(xii) the order shall provide that whenever, under the order, the Board acquires, or enters on and takes possession of, any land which is subject, either alone or in conjunction with other land, to a land purchase annuity or a reclamation annuity, payment in lieu of rent or other sum payable periodically (not being merely rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the Board shall— | ||
(I) as from the date on which it acquires, or enters on and takes possession, of the land, whichever date is the earlier, become and be liable for payment to the Irish Land Commission or the said Commissioners (as the case may be) of such periodical sum, or such portion thereof as shall be apportioned by the Irish Land Commission or the said Commissioners (as the case may be) on the land, as if the land had been transferred to the Board by the owner thereof on that date, | ||
(II) be entitled, if the Board so thinks fit, to redeem the periodical sum or the portion thereof aforesaid, and | ||
(III) be obliged, if required by the Irish Land Commission or the said Commissioners (as the case may be) so to do, to redeem the periodical sum or the portion thereof aforesaid, | ||
(xiii) the order may provide for the determination by arbitration of any specified questions arising thereunder, | ||
(xiv) the order may contain such provisions ancillary or incidental to any of the matters aforesaid as the Minister considers necessary and proper. |