Industrial Alcohol Act , 1934

PART I. Preliminary.

1 Short title.

1.—This Act may be cited as the Industrial Alcohol Act, 1934.

2 Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “industrial alcohol” means alcohol which is of a strength not less than fifty-five degrees over proof, whether denatured or not.

PART II. Manufacture of Industrial Alcohol by the State.

3 Production by the Minister of industrial alcohol.

3.—(1) The Minister may undertake the manufacture, distillation, and sale of industrial alcohol, and such undertaking is in this Act referred to as the undertaking.

(2) The Control of Manufactures Act, 1932 (No. 21 of 1932) as amended or extended by any subsequent enactment, shall not apply in respect of anything done under this Act by the Minister for the purposes of the undertaking.

4 General powers of the Minister.

4.—(1) The Minister may, for the purposes of the undertaking, do all or any of the following things, that is to say:—

(a) acquire by agreement any land, easement, profit á prendre, or other right;

(b) construct and maintain at such and so many places as he thinks fit distilleries, rectifying plants, and other necessary works;

(c) purchase, hire, or otherwise provide, and maintain machinery, plant, and equipment for such distilleries, rectifying plants, and other works;

(d) purchase all necessary raw materials;

(e) enter into contracts;

(f) employ such and so many persons as he thinks fit;

(g) dispose of by-products derived in the course of manufacture of industrial alcohol;

(h) all such other things as he may consider necessary for establishing the undertaking and carrying it on as a commercial undertaking.

(2) Without prejudice to the generality of the immediately preceding sub-section the Minister may, for the purposes of the undertaking, enter into an agreement with any person (in this section referred to as the contractor) in relation to all or any of the following matters, that is to say:—

(a) the preparation by the contractor of plans and specifications for the building and installation of the necessary plant, apparatus, and equipment of such number of distilleries and rectifying plants as the Minister may fix on such sites as the Minister may select and at a cost not exceeding such cost as the Minister may determine;

(b) the obtaining by the contractor on behalf of the Minister of tenders for the building and equipment of each of the said distilleries and the said rectifying plant from such persons as the Minister may direct and from such other persons as the contractor thinks proper;

(c) the acceptance, subject to previous consultation with the contractor by the Minister, of such tender or tenders as the Minister thinks fit;

(d) the erection by the Minister of each of the said distilleries and rectifying plants and the installation of the necessary plant, apparatus, and equipment, in accordance with the plans and specifications prepared by the contractor, with such modifications thereof as may from time to time be agreed upon by the Minister and the contractor;

(e) the preparation by the contractor of every contract for the erection and equipment of each of the said distilleries and rectifying plants;

(f) the supervision by the contractor of the carrying out of every such contract;

(g) the appointment by the Minister of such person as the contractor may nominate to be manager of the said distilleries and rectifying plants for such period and at such remuneration as the Minister thinks proper;

(h) the appointment by the Minister of such person or persons as the contractor may nominate to be biological engineer or engineers of the said distilleries for such period and at such remuneration as the Minister thinks proper;

(i) the control, by the contractor through the said manager, of the said distilleries and rectifying plant for such period as the Minister thinks proper, subject to such exceptions as the Minister thinks proper to specify in such agreement;

(j) the giving, during such period as the Minister thinks proper to specify in such agreement, of advice or assistance by the contractor to the Minister in connection with any technical difficulty arising in the carrying on of the undertaking;

(k) the undertaking by the contractor that the said distilleries and rectifying plant shall together be capable of producing industrial alcohol at a cost in respect of raw material, fuel, and labour not exceeding such cost as the Minister may specify in such agreement;

(l) the payment by the contractor to the Minister of liquidated damages in respect of such undertaking, the amount of such damages, and the guaranteeing of the payment of such damages;

(m) the termination of the agreement by the Minister;

(n) the training by the contractor, if so requested by the Minister, outside Ireland of such persons, as may be selected by the Minister, for posts as assistant managers of the said distilleries, and the remuneration to be paid by the Minister for such training;

(o) the consideration to be paid by the Minister to the contractor for the services of the contractor under such agreement (otherwise than in respect of the matters mentioned in paragraph (n)), and the times and method of payment;

(p) the payment by the Minister to the contractor of all reasonable travelling and hotel expenses incurred by the contractor's agents, officers, and servants incurred in coming to and from Saorstát Eireann and residing therein, between such dates as may be specified in such agreement, for purpose of discharging the obligations of the contractor under paragraph (j) of this sub-section;

(q) the determination by arbitration of any dispute or difference arising in relation to such agreement;

(r) such other matters ancillary or incidental to the matters mentioned in the preceding paragraphs of this sub-section as the Minister thinks proper.

(3) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to any person employed or appointed by the Minister under this section.

PART III. Special Powers of the Minister in Relation to the Compulsory Acquisition of Land, etc. and the Construction Maintenance and Operation of Transport Works.

5 Transport works.

5.—Each of the following works shall be transport works for the purposes of this Part of this Act, that is to say:—

(c) an aerial ropeway;

(a) a railway;

(b) a tramway;

(d) any other works for the transport of goods.

6 Right of entry on land.

6.—The Minister may enter on any land for the purpose of making thereon any inquiry, investigation, or examination preliminary or incidental to the doing of any thing which the Minister is authorised by this Part of this Act to do.

7 Power of Minister to construct, maintain, and operate transport works.

7.—(1) The Minister may, for the purpose of the undertaking, construct, maintain, and operate such transport works as he thinks fit.

(2) The Minister may construct, maintain, and operate transport works on or over any public road or way.

(3) If and whenever the construction, maintenance, or operation of any transport works constructed by the Minister under this section might involve any injury to the public, the Minister shall do all such things in relation to such works as he may think necessary for the protection of the public.

8 Compulsory acquisition of lands, etc., by the Minister.

8.—(1) The Minister may, for the purposes of the undertaking, do all or any of the following things, that is to say—

(a) compulsorily acquire (either permanently or temporarily) any land;

(b) compulsorily acquire (either permanently or temporarily) any easement, way-leave, water-right, fishing right, or other right over or in respect of any land or water.

(2) The Minister may, for the purposes of the construction, maintenance, and operation of any transport works, do either or both of the following things, that is to say:—

(a) compulsorily acquire (either permanently or temporarily) any land;

(b) compulsorily acquire (either permanently or temporarily) any right over or in respect of any land.

(3) At any time after the passing of this Act and before conveyance or ascertainment of compensation the Minister may, subject to the provisions of this section, enter on and take possession of any land, or exercise any right which the Minister is authorised by this section to acquire compulsorily.

(4) Before exercising any of the powers conferred on him by the immediately preceding sub-section the Minister shall—

(a) in the case of the temporary acquisition of any easement, give at least fourteen days' previous notice in writing to the owner of the easement or other property affected;

(b) in the case of the acquisition of any land, give at least one month's or, if the land is an occupied dwelling house, three months' previous notice in writing to the occupier of the lands;

(c) in any other case, give at least one month's notice in writing to the owner of the right or other property affected.

(5) Every notice under this section shall be accompanied by a plan showing fully and clearly the land, or right to which the notice relates.

(6) Any notice required by this section to be given to any person shall be sufficiently given if sent by registered post in an envelope addressed to such person at his last known place of abode and shall be deemed to have been so given at the time at which such envelope would be delivered in the ordinary course of post at the place to which it is addressed.

9 Payment and ascertainment of compensation.

9.—(1) Compensation shall be paid by the Minister for land compulsorily acquired (whether permanently or temporarily) by the Minister under sub-section (1) or sub-section (2) of the immediately preceding section to the several persons entitled thereto or having estates or interests therein, and for or in respect of easements, way-leaves, water-rights, fishing rights, and other rights compulsorily acquired (whether permanently or temporarily) under sub-section (1) of the said section to the owner thereof or the several persons entitled to or having estates or interests in the land over or in respect of which such rights are so acquired, and for or in respect of rights over or in respect of any land compulsorily acquired (whether permanently or temporarily) under sub-section (2) of the said section to the owner thereof or the several persons entitled to or having estates or interests in such land, and such compensation shall in default of agreement, be fixed by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) All claims for compensation in respect of any land or right compulsorily acquired under this Part of this Act shall be made within one year after such land is first entered on or such right is first exercised by the Minister.

(3) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Minister under this section, and to the conveyance to the Minister of property, corporeal or incorporeal, compulsorily acquired by the Minister under this Part of this Act, and for the purpose of such application the Minister shall be deemed to be the promoter of the undertaking.

PART IV. Compulsory Purchase of Industrial Alcohol by Importers and Refiners.

10 Interpretation of Part IV.

10.—(1) For the purposes of this Part of this Act, the expression “hydrocarbon light oils” means hydrocarbon oils of which not less than fifty per cent. by volume distils at a temperature not exceeding 185 degrees centigrade, or of which not less than ninety-five per cent. by volume distils at a temperature not exceeding 240 degrees centigrade, or which give off an inflammable vapour at a temperature of less than 22.8 degrees centigrade when tested in the manner prescribed by the Acts relating to petroleum.

The method of testing oils for the purpose of ascertaining whether they comply with the provisions of this sub-section relating to the distillation of a certain volume thereof at a certain temperature shall be such as the Revenue Commissioners may prescribe.

(2) In this Part of this Act—

the word “importer” means a person who carries on the business of importing into Saorstát Eireann mineral hydrocarbon light oils;

the word “refiner” means a person who carries on in Saorstát Eireann the business of producing mineral hydrocarbon light oils;

the word “imported” means imported into Saorstát Eireann;

the word “produced” means produced in Saorstát Eireann.

(3) For the purposes of this Part of this Act the nett quantity of mineral hydrocarbon light oils imported by an importer during any period shall be taken to be the actual quantity of mineral hydrocarbon light oils imported by him during such period less the following, that is to say, such (if any) quantity of the mineral hydrocarbon light oils imported by him during such period as was, in accordance with law, so imported free of the customs duty for the time being payable in respect of mineral hydrocarbon light oils, and such (if any) quantity of mineral hydrocarbon light oils as was during such period dealt with by him in any one or more of the following ways, that is to say, exported from Saorstát Eireann, shipped or deposited in a bonded warehouse for use as ship's stores, or loaded into any aircraft for use on a voyage to a place outside Saorstát Eireann.

(4) For the purpose of this Part of this Act the nett quantity of mineral hydrocarbon light oils produced by a refiner during any period shall be taken to be the actual quantity of mineral hydrocarbon light oils produced by him during such period less such (if any) quantity of mineral hydrocarbon light oils produced by him as was during such period dealt with by him in any one or more of the following ways, that is to say, exported from Saorstát Eireann shipped or deposited in a bonded warehouse for use as ship's stores, or loaded into any aircraft for use on a voyage to a place outside Saorstát Eireann.

11 Appointed periods.

11.—(1) The Minister, whenever and so often as he thinks fit, may by order declare that every period specified in such order shall be an appointed period for the purposes of this Part of this Act and whenever any such order is made every period specified in such order shall, so long as such order is in force, be an appointed period for the said purposes.

(2) The Minister may from time to time revoke any order made by him under sub-section (1) of this section.

12 Returns by importers and refiners.

12.—(1) Every importer shall not later than seven days after every appointed period send to the Minister a return in the prescribed form showing the nett quantity of mineral hydrocarbon light oils imported by him during such appointed period.

(2) Every refiner shall not later than seven days after every appointed period send to the Minister a return in the prescribed form showing the nett quantity of mineral hydrocarbon light oils produced by him during such appointed period.

(3) If any person, who is required by this section to make a return to the Minister, fails, neglects, or refuses to make such return in accordance with this section or makes in any such return any statement which is false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(4) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

(5) The Minister may by order make regulations in relation to any form referred to in this section as prescribed and the word “prescribed” in this section means prescribed by such regulations.

(6) This section shall come into operation on such day as may be fixed by order of the Minister.

13 Purchase of industrial alcohol by importers and refiners.

13.—(1) The Minister may after the expiration of any appointed period by order (in this section referred to as a sale order) do the following things, that is to say:—

(a) allocate to every importer, who imported any mineral hydrocarbon light oils during such period, a quantity of industrial alcohol, not exceeding a quantity which bears to the total quantity of industrial alcohol manufactured by the Minister during such period the same proportion as the nett quantity of mineral hydrocarbon light oils imported by such importer during such period bears to the total of the nett quantities of mineral hydrocarbon light oils imported by all importers during such period and the nett quantities of mineral hydrocarbon light oils produced by all refiners during such period;

(b) allocate to every refiner who produced any mineral hydrocarbon light oils during such period a quantity of industrial alcohol, not exceeding the quantity which bears to the total quantity of industrial alcohol manufactured by the Minister during such period, the same proportion as the quantity of mineral hydrocarbon light oils produced by such refiner during such period bears to the total of the nett quantities of mineral hydrocarbon light oils imported by all importers during such period and the nett quantities of mineral hydrocarbon light oils produced by all refiners during such period;

(c) fix, in terms of a rate per gallon and on the basis that such industrial alcohol is to be delivered at the premises of the Minister, the price to be paid for such industrial alcohol;

(d) require each person to whom any industrial alcohol has been allocated by such order to do the following things—

(i) to purchase from the Minister, at a price calculated at the rate per gallon fixed by such order, such industrial alcohol;

(ii) to pay to the Minister such price at such time or times as may be specified in such order in relation to such person;

(iii) subject to the next following sub-paragraph, to accept delivery of such industrial alcohol at the premises of the Minister specified in such order, and at such time or times as may be specified in such order in relation to such person;

(iv) in case such person has previously requested the Minister to deliver such industrial alcohol carriage paid at a place other than premises of the Minister and the Minister thinks fit to comply with such request, to accept delivery of such alcohol at such place and at such time or times as may be specified in such order in relation to such person, and to pay to the Minister at such time as may be specified in such order in relation to such person such sum in respect of such delivery (including carriage, insurance and other usual charges) as may be specified in such order.