Liffey Reservoir Act , 1936

Number 54 of 1936.

LIFFEY RESERVOIR ACT, 1936.

AN ACT TO EMPOWER THE ELECTRICITY SUPPLY BOARD TO IMPOUND THE WATERS OF THE RIVER LIFFEY AND GENERATE ELECTRICITY BY HYDRAULIC POWER DERIVED FROM THE WATERS SO IMPOUNDED, AND TO TRANSMIT, DISTRIBUTE, SELL, AND SUPPLY THE ELECTRICITY SO GENERATED, AND TO EMPOWER THE RIGHT HONOURABLE THE LORD MAYOR, ALDERMEN, AND BURGESSES OF DUBLIN TO TAKE FOR THEIR WATER SUPPLY PORTION OF THE WATERS SO IMPOUNDED, AND TO PROVIDE FOR DIVERS MATTERS ANCILLARY TO OR CONNECTED WITH THE MATTERS AFORESAID, AND ALSO TO INCREASE THE TOTAL AMOUNT OF THE SUMS WHICH MAY BE ADVANCED TO THE ELECTRICITY SUPPLY BOARD OUT OF THE CENTRAL FUND. [28th November, 1936.]

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

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Liffey Reservoir Act, 1936.

2 Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce; the expression “the Board” means the Electricity Supply Board;

the expression “the Corporation” means the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin;

the expression “the Shannon works” has the same meaning as it has in the Electricity (Supply) Act, 1927 (No. 27 of 1927);

the expression “the Liffey undertaking” means the generation of electricity by means of hydraulic power derived from the waters of the River Liffey impounded and made available for that purpose by means of the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement;

the expression “the Liffey works” means the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement and all works constructed by the Board under this Act for the purposes of the Liffey undertaking or for the transmission in bulk of the electricity produced and generated by means of the works aforesaid;

the expression “the waterworks” means the works to be constructed by the Corporation in pursuance of the Scheduled Agreement and every service reservoir, conduit, aqueduct, pipe, and other work constructed by the Corporation by virtue of this Act for containing or carrying water drawn by the Corporation from the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement;

the expression “Ballymore Bridge” means the road bridge commonly known by that name over the River Liffey in the town of Ballymore Eustace and County of Wicklow.

3 The Scheduled Agreement.

3.—(1) The Agreement (in this Act referred to as the Scheduled Agreement) made on the 18th day of June. 1936. between the Corporation of the one part and the Board of the other part (a copy whereof is set out in the Schedule to this Act) is hereby confirmed, and accordingly it shall be lawful for the Corporation and the Board respectively to carry out the said Agreement and to perform and fulfil the obligations thereby imposed on them respectively.

(2) Whenever the Board and the Corporation are agreed that the height of a low water level as stated in paragraph 6 of the Scheduled Agreement or fixed by an order made by the Minister under this sub-section should be varied in any manner and the Minister is satisfied that, having regard to all the circumstances of the case, it is reasonable that such variation should be made, it shall be lawful for the Minister by order to vary such low water level in accordance with such agreement as from such date (not being prior to the date of such order) as shall be specified in that behalf in such order.

(3) Whenever the Minister makes an order under the next preceding sub-section of this section, the following provisions shall have effect, that is to say:—

(a) the height of the low water level to which such order relates shall (unless and until it is further varied under this section) be varied in accordance with such order, and

(b) the Scheduled Agreement shall operate and have effect with and subject to such variation, and

(c) all the provisions of the Scheduled Agreement in relation to such low water level (except the statement of the height thereof) shall continue to apply and have effect in relation to such low water level notwithstanding such variation in the height thereof.

4 Expenses.

4.—All expenses incurred by the Minister or by the Minister for Local Government and Public Health in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II. Advances to the Board.

5 Advances under the Electricity (Supply) (Amendment) Act, 1931.

5.—(1) Section 1 of the Electricity (Supply) (Amendment) Act, 1934 (No. 6 of 1934), is hereby repealed and in lieu thereof it is hereby enacted that the total amount of the sums advanced to the Board under section 3 of the Electricity (Supply) (Amendment) Act, 1931 (No. 32 of 1931), shall not exceed the sum of six million, two hundred and fifty nine thousand pounds.

(2) The reference in sub-section (2) of section 13 of the Shannon Fisheries Act, 1935 (No. 4 of 1935), to section 1 of the Electricity (Supply) (Amendment) Act, 1934 (No. 6 of 1934), shall be construed as a reference to the foregoing sub-section of this section, and the said sub-section (2) shall have effect accordingly.

(3) The execution of the Liffey undertaking, the performance by the Board of the obligations imposed on it by the Scheduled Agreement, the generation and transmission of electricity by the Board under this Act, and the construction of works by the Board under this Act shall be purposes arising in the performance of the functions of the Board under the Electricity (Supply) Acts, 1927 to 1930, within the meaning of sub-section (1) of section 3 of the Electricity (Supply) (Amendment) Act, 1931 (No. 32 of 1931), and that section, as amended by subsequent enactments, shall be construed and have effect accordingly.

PART III. Powers and Duties of the Board.

6 Power of the Board to generate electricity.

6.—(1) It shall be lawful for the Board—

(a) to generate electricity by means of hydraulic power derived from the waters of the River Liffey impounded and made available for that purpose by means of the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement, and

(b) to construct, maintain, and operate such power stations, subsidiary reservoirs, aqueducts, and other works of whatsoever kind as shall from time to time be necessary (directly or indirectly) in the opinion of the Board for the generation of electricity in pursuance of the next preceding paragraph of this sub-section, and

(c) to transmit the electricity generated under this sub-section to such places and in such manner as shall, in the opinion of the Board, be requisite for making such electricity available for the purposes mentioned in the next following sub-section of this section.

(2) The electricity (in this sub-section referred to as Liffey electricity) generated under the next preceding sub-section of this section shall be used and applied by the Board for all or any of the purposes for which electricity (in this sub-section referred to as Shannon electricity) generated by means of the Shannon works or in any generating station for the time being operated by the Board under the Electricity (Supply) Act, 1927 (No. 27 of 1927), and the Acts amending or extending that Act may be used or applied by the Board, and Liffey electricity may be so used in conjunction with, in addition to, or independently of Shannon electricity, and for those purposes the Board shall have and may exercise in relation to Liffey electricity all or any of the powers for the time being vested in the Board in relation to the transmission, distribution, supply and sale of Shannon electricity, and in particular any part or parts of the transmission system or of any distribution system now or hereafter owned or constructed by the Board for the transmission or distribution (as the case may be) of Shannon electricity may be used for the transmission or distribution of Liffey electricity and any part or parts of the transmission system or any distribution system hereafter constructed by the Board for the transmission or distribution (as the case may be) of Liffey electricity may be used for the transmission or distribution of Shannon electricity.

7 General powers of the Board.

7.—(1) For the purposes of the execution of the Liffey undertaking, the performance by the Board of the obligations imposed on it by the Scheduled Agreement, the generation and transmission of electricity by the Board under this Act, and the construction of works by the Board under this Act, or for any one or more of those purposes, the Board may do all or any of the following things, that is to say:—

(a) impound, hold up, divert, take, and use the waters of the River Liffey above Ballymore Bridge and any river or stream tributary to, and any lake, pond, or canal on or connected with, the River Liffey above the said bridge;

(b) embank, dam, dredge, deepen, widen, straighten, divert, and otherwise alter the River Liffey above Ballymore Bridge or any river or stream tributary to the River Liffey above the said bridge;

(c) embank, dam, dredge, alter the level of, and otherwise affect any lake, pond or other water on or connected (directly or indirectly) with the River Liffey above Ballymore Bridge;

(d) remove, or alter, repair, construct, and maintain such sluices, weirs, dams, embankments, and other works (whether above or below Ballymore Bridge) as may, in the opinion of the Board, be necessary for or incidental to the doing of any of the things mentioned in the foregoing paragraphs of this sub-section;

(e) construct and maintain generating stations, powerhouses, transformer stations, and other stations and places for generating, transforming, storing, or otherwise dealing with electricity generated under this Act;

(f) purchase, hire, or otherwise provide, and maintain machinery, plant, and equipment for all generating stations, power houses, transformer stations, and other stations and places constructed under the next preceding paragraph of this sub-section;

(g) close, divert, remove, or submerge any public or private street, road, way or bridge;

(h) enter on any lands or premises for the purposes of doing thereon or on any other lands or premises all or any of the things which the Board is by this sub-section authorised to do or making thereon or on any other lands or premises any inquiry, investigation, or examination preliminary or incidental to the doing of any such thing;

(i) do any act or thing which may be necessary for or incidental to the doing of anything which the Board is by this sub-section authorised to do.

(2) The Board may contract with any person for the execution of all or any of the works which the Board is authorised by this section to undertake and execute, and for that purpose the Board may enter into contracts.

(3) Whenever the Board enters under this section into any contract for the execution of any of the works which the Board is authorised by this section to execute, the Board may by such contract confer on the contractor the right to do such of the said works which the Board is authorised by the first sub-section of this section to do as the Board shall think proper and shall specify in such contract, and thereupon such contractor shall have the right (concurrently with the Board) to do all or any of the things so specified as if such right were conferred on him by this Act, but so far as and no further than is necessary for the due execution of such contract.

8 Powers of the Board in relation to the acquisition of land.

8.—(1) For the purposes of the Liffey undertaking and of the performance by the Board of the obligations imposed on it by the Scheduled Agreement or of either of those purposes, the Board may do all or any of the following things, that is to say:—

(a) acquire any lands or premises either permanently or temporarily and either compulsorily or by agreement;

(b) acquire (either permanently or temporarily and either compulsorily or by agreement) any easement, way-leave, water right, fishing right, or other right whatsoever over or in respect of any lands, premises, or water;

(c) terminate, restrict, or otherwise interfere with (either permanently or temporarily and either compulsorily or by agreement) any easement, way-leave, water right, fishing right, or other right whatsoever existing over or in respect of any lands, premises, or water;

(d) compulsorily divert, close, remove, submerge, or otherwise interfere with (either permanently or temporarily and either compulsorily or by agreement) any public or private road, way, or bridge, or any canal or other artificial water-way or any artificial water-course;

(e) interfere with any lands or premises either compulsorily or by agreement.

(2) At any time after the passing of this Act and before conveyance or ascertainment of price or compensation, but subject to giving not less than one month's or, in the case of an occupied dwelling house, three months' previous notice in writing to the occupier of the lands or premises or the owner of the easement or other property or right affected, the Board and every contractor authorised so to do by the Board may enter on and take possession of any lands or premises or exercise any right which the Board is authorised by this section to acquire compulsorily, or may terminate, restrict, or otherwise interfere with any easement or other property or right which the Board is authorised by this section compulsorily to terminate, restrict, or interfere with, or may divert, close, remove, or otherwise interfere with any road, way, bridge, water-way, or water-course which the Board is authorised by this section compulsorily to divert, close, remove, or interfere with.

(3) Whenever the Board under this section enters on and takes possession of any lands or exercises any right (as the case may be) before payment of the price or compensation, the Board shall pay to the occupier of the lands or owner of the easement or other right affected (as the case may be) interest on the amount of such price or compensation when fixed at the rate of four pounds per cent. per annum from the date of such entry and taking possession or the exercise of such right (as the case may be) until the date of the conveyance from such occupier or owner to the Board.

(4) Whenever the Board acquires permanently under this section any land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely rent under a contract of tenancy) payable to the Land Commission, the Board shall become and be liable, as from the date on which the Board enters on and takes possession of the land so acquired, for the payment to the Land Commission of such annual sum or such portion thereof as shall be apportioned by the Land Commission on such land as if such land had been transferred to the Board by the proprietor thereof on that date.

(5) Whenever the Board is of opinion that the payment of compensation for the flooding of or other interference with any lands or premises under this section would be uneconomic or for any other reason inexpedient, the Board may acquire permanently such lands or premises under this section either compulsorily or by agreement.

(6) A notice under this section may be served on any person by sending such notice by registered post addressed to such person at his usual or last known address or, in the case of a notice to the occupier of any lands or premises, at such lands or premises.

(7) A notice under this section to the occupier of any lands or premises may be addressed to such occupier by the description “the occupier” without stating his name.

9 Ascertainment of price or compensation.

9.—(1) The amount of the price or compensation to be paid by the Board for lands and premises acquired (whether permanently or temporarily) by the Board under this Act to the several persons entitled thereto or having estates or interests therein, or for or in respect of easements, way-leaves, water rights, fishing rights and other rights acquired (whether permanently or temporarily) by the Board under this Act to the owner thereof or the several persons entitled to or having estates or interests in the lands and premises over or in respect of which such rights are so acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) The amount of the compensation to be paid by the Board on account of the termination, restriction, or other interference (whether permanent or temporary) under this Act of or with any easement, water right, fishing right, or other right over or in respect of any lands, premises, or water, or the diversion, closing, removal, or other interference (whether permanent or temporary) under this Act of or with any private road, way, or bridge or any canal or other artificial water-way or any artificial water-course or the interference under this Act with any lands or premises shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, in like manner as if such compensation were the price of land compulsorily acquired.

(3) When any price or compensation is being assessed in pursuance of this section in respect of any property, corporeal or incorporeal, which is occupied, used, or enjoyed with or forms part of any other property, regard shall be had to any benefit in the nature of drainage or improvement of water supply which may reasonably be expected to accrue to such other property by reason of any works executed or in the course of execution or about to be executed by the Board under this Act.

(4) All claims for the price of or compensation in respect of any land, premises or right acquired, or any lands, premises, right, way, or other property interfered with under this Act shall be made within one year after such lands, premises, right, way, or property is first entered on, exercised, or interfered with by the Board or a contractor under this Act, save that in the case of permanent interference with a fishing right the claim may be made at any time within ten years after the completion of the works by which such fishing right is so interfered with.

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

(6) No action shall lie at law or in equity against the Board or any contractor, or any officer or servant of the Board or of any contractor for or on account of any act, matter, or thing in respect of which compensation is payable by virtue of this section.

10 Execution of works by the Board in lieu of compensation.