Shannon Navigation Act, 1990

Powers of Commissioners in relation to Shannon navigation.

2.—The Commissioners shall have all such powers as are necessary for the performance of their functions under the Shannon Act and shall, without prejudice to the generality of the foregoing and to their powers under that Act, have power to undertake the care, conservation, management, control, maintenance, restoration, repair, improvement, extension and development of the Shannon navigation and to—

(a) draw any water necessary for the purposes of the navigation channel from any natural source whatsoever,

(b) dredge, widen, deepen, alter the course of or otherwise repair or improve the navigation channel or improve the supply of water for, or dispose of surplus water from, the navigation channel and for that purpose construct, alter, repair, improve, dredge, widen or deepen any stream, river, drain or channel carrying any water to or from the navigation channel and replace or repair any pipe carrying any such water or construct, repair or improve any pumping station required for such water,

(c) remove any structure or other thing that is obstructing or is likely to obstruct the navigation channel or so alter it as to eliminate the obstruction or the likelihood of obstruction,

(d) prohibit the building of bridges, weirs or other structures on, in or over, or culverts, pipes or drains under, the navigation channel without the consent of the Commissioners,

(e) construct, alter, underpin, repair or improve any lock, quay, harbour, dry dock, weir, fish pass, slipway, navigation aid, pumping station, hydroelectric station and ancillary works, building, towpath, bridge, aqueduct, embankment, culvert, pipe or drain or road (other than a public road within the meaning of the Local Government (Roads and Motorways) Act, 1974) on, over, beside or under the navigation channel,

(f) acquire, by agreement, or compulsorily in accordance with the Schedule to this Act, any land required for the purposes of the Shannon navigation and any right, easement, title or interest of any kind in, over or in respect of such land,

(g) without prejudice to the right of any person to use water of or abstract water from the navigation channel, alter the water levels of the navigation channel,

(h) close to navigation any part of the navigation channel not required for navigation or close temporarily any part thereof and open or reopen and declare navigable any part of the navigation channel previously closed to navigation,

(i) with the agreement of any person entitled to any payment in respect of an acquisition under paragraph (f) or any payment under section 4 (3) (a), carry out remedial or other works in relation to the Shannon navigation or any property of the person in lieu of the whole or part of the payment.