Electricity (Supply)(Amendment) Act , 1945

PART I. Preliminary and General.

1 Short title, collective citation, and construction.

1.—(1) This Act may be cited as the Electricity (Supply) (Amendment) Act, 1945.

(2) The Electricity (Supply) Acts, 1927 to 1942, and this Act may be cited together as the Electricity (Supply) Acts, 1927 to 1945.

(3) This Act shall be construed as one with the Electricity (Supply) Acts, 1927 to 1942.

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 “hydro-electric works” means works for the generation of electricity by means of hydraulic power;

the expressions “generating station”, “transmission system”, and “distribution system” have the same meanings as are given to them respectively by section 1 of the Electricity (Supply) Act, 1927 (No. 27 of 1927), for the purposes of that Act.

3 Expenses.

3.—The expenses incurred by the Minister in the administration of this Act shall (to such extent as may be sanctioned by the Minister for Finance) be paid out of moneys provided by the Oireachtas.

PART II. Hydro-Electric Schemes.

4 Preparation and approval of hydro-electric schemes.

4.—(1) It shall be lawful for the Board, whenever they so think proper, to prepare and submit to the Minister a scheme for the generation of electricity by means of hydraulic power derived from the waters of any specified river impounded and made available for that purpose by means of a dam and other engineering works to be constructed by the Board under this Act.

(2) Whenever a scheme is submitted to the Minister by the Board under this section, the Minister shall consider such scheme and, after consultation with the Minister for Agriculture as to the steps to be taken by the Board for the protection of fisheries, do whichever of the following things he considers proper, that is to say:—

(a) by order approve of such scheme, or

(b) refer such scheme back to the Board for reconsideration and re-submission to him under this section, or

(c) refuse to approve of such scheme.

(3) In this Act—

the expression “approval order” means an order made by the Minister approving of a scheme submitted to him by the Board under this section, and

the expression “approved scheme” means a scheme approved of by the Minister by an approval order and, in the case of any such scheme so approved of with alteration, means such scheme as so approved of.

5 Amendment of an approved scheme.

5.—(1) Whenever in the course of carrying out an approved scheme it appears to the Board to be necessary that such scheme should be amended in any respect, it shall be lawful for the Board to prepare such amendment of such approved scheme as they shall think proper and to submit such amendment to the Minister.

(2) Whenever an amendment of an approved scheme is submitted to the Minister by the Board under this section, the Minister shall consider such amendment and, after consultation with the Minister for Agriculture, shall do whichever of the following things he considers proper, that is to say:—

(a) by order approve of such amendment, or

(b) refer such amendment back to the Board for reconsideration and resubmission to him under this section, or

(c) refuse to approve of such amendment.

(3) Whenever the Minister approves under this section of an amendment of an approved scheme, such approved scheme shall have effect and be deemed always to have had effect with and subject to such amendment, and accordingly references in this Act to an approved scheme shall, in relation to the said approved scheme, be construed and have effect (wherever the context so permits) as referring to the said approved scheme as so amended.

6 Execution of approved schemes.

6.—(1) As soon as conveniently may be after the approval by the Minister of an approved scheme, the Board shall execute and carry out such scheme.

(2) For the purpose of carrying out an approved scheme it shall be lawful for the Board to do, in accordance with such scheme (with such additions, omissions, variations, and deviations as shall be found necessary in the course of the work), such of the following things as are, expressly or by implication, provided for by such scheme, that is to say:—

(a) impound, hold up, divert, take, and use the waters of the river to which such approved scheme relates and the waters of any river or stream tributary to, and of any lake, pond, or canal on or connected with, the said river to which such approved scheme relates;

(b) embank, dam, dredge, deepen, widen, straighten, divert, and otherwise alter the river to which such approved scheme relates or any river or stream tributary to that river;

(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 to which such approved scheme relates;

(d) remove, alter, repair, or reconstruct any sluice, weir, dam, embankment, quay, harbour, landing place, boathouse, or other similar work in the river to which such approved scheme relates or in any river or stream tributary to that river or any lake connected therewith;

(e) construct and maintain sluices, weirs, dams, embankments, and other similar works (including passages for the ascent and descent of fish);

(f) construct and maintain generating stations, transformer stations, and other stations and places for generating, transforming, storing, or otherwise dealing with electricity generated in pursuance of such approved scheme;

(g) purchase, hire, or otherwise provide and maintain machinery, plant, and equipment for all generating stations, transformer stations, and other stations and places constructed under the next preceding paragraph of this subsection;

(h) subject to the provisions of this Act, close, divert, remove, submerge, or otherwise interfere with any public road or bridge;

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

7 Acquisition of land, etc., by the Board.

7.—(1) For the purpose of carrying out an approved scheme or doing anything which the Board is authorised by the next preceding section to do for that purpose, the Board may do all or any of the following things, that is to say:—

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

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

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

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

(e) interfere with any land either permanently or temporarily and either by agreement or compulsorily.

(2) Whenever, on the completion of the carrying out of an approved scheme, it appears to the Board that any land, easement, way-leave, or other property acquired by the Board under this Act for the purposes of such approved scheme is not required for those purposes, it shall be lawful for the Board to sell, lease, or otherwise dispose of such property.

8 Entry on land, etc., before conveyance.

8.—(1) At any time after the making of an approval order and before conveyance or ascertainment of price or compensation, the Board may (subject to the subsequent provisions of this section) do any of the following things, that is to say:—

(a) enter on and take possession of any land or exercise any right which the Board is authorised by this Act to acquire for the purpose of carrying out the approved scheme to which such approval order relates;

(b) terminate, restrict, or otherwise interfere with any easement or other property or right which the Board is authorised by this Act to terminate, restrict, or otherwise interfere with for the purpose of carrying out the said approved scheme;

(c) divert, close, remove, submerge, or otherwise interfere with any private road, way, or bridge or any canal or other artificial water-way, or any artificial water course which the Board is authorised by this Act to divert, close, remove, submerge, or otherwise interfere with for the purpose of carrying out the said approved scheme.

(2) Whenever the Board exercises any of the powers conferred on the Board by the foregoing subsection of this section, the Board shall be liable to pay to the occupier of the land or the owner of the easement, right, or other property entered upon, exercised, or interfered with by the exercise of such power, interest on the amount of the price or compensation payable under this Act to such occupier or owner at the rate of three per cent, per annum from the date of such entry, exercise, or interference until payment of such price or compensation.

(3) The Board shall not—

(a) enter on or take possession of any land under this section without giving to the occupier of such land at least one month's or, in the case of an occupied dwellinghouse, three months' previous notice in writing of their intention so to do, or

(b) exercise any easement or other right or interfere with any right or property under this section without giving to the owner of such easement, right, or property at least one month's previous notice in writing of their intention so to do.

(4) A notice under the next preceding subsection of this section may be served on any person by sending such notice by prepaid post in an envelope addressed to such person at his usual or last known address and shall be deemed to have been served on such person at the time at which such envelope would be delivered in the ordinary course of post.

(5) Where, for any reason, the envelope mentioned in the next preceding subsection of this section cannot be addressed in the manner provided by that subsection, such envelope may be addressed to the person for whom it is intended 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 such envelope relates.

9 Deposit of maps, plans, etc.

9.—(1) As soon as may be after the making of an approval order and not later than one month before commencing the construction of any particular part of the works required for the purpose of the execution of the approved scheme to which such order relates or commencing to do for that purpose any particular thing which the Board is authorised by this Act to do or for that purpose entering on any land or premises or exercising any right or interfering with any property (corporeal or incorporeal) under this Act, the Board shall cause maps, plans, and books of reference in relation to such particular part of such works or such particular thing or such land, premises, right, or property (as the case may be) to be deposited in accordance with this section.

(2) The maps and plans required by this section to be deposited by the Board in relation to an approved scheme shall be sufficient in quantity and character to show on adequate scales the extent of the works in relation to which they are deposited and also all property, corporeal or incorporeal, proposed to be acquired for the purpose of such works and also every interference (so far as the same can be shown on a drawing) proposed to be made for the said purpose with any property (corporeal or incorporeal) or any public road or bridge.

(3) The books of reference required by this section to be deposited by the Board in relation to an approved scheme shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all land proposed to be acquired or otherwise affected under this Act for the purpose of the works in relation to which they are deposited and of all property, corporeal or incorporeal, (including public roads and bridges)proposed to be in any way interfered with under this Act for the said purpose.

(4) The maps, plans, and books of reference required by this section to be deposited by the Board in relation to an approved scheme shall be deposited at the head office of the Board in the City of Dublin and at such other places as shall be prescribed by the Minister in the approval order relating to such approved, scheme and shall remain so deposited until the completion of such approved scheme and shall, while so deposited, be open to inspection by any person, free of charge, between the hours of ten o'clock in the morning and four o'clock in the afternoon on every day except Saturdays, Sundays, and bank holidays.

(5) As soon as may be after the deposit of any maps, plans, or books of reference in pursuance of this section, the Board shall give public notice of such deposit by advertisement published twice in each of two or more daily newspapers circulating in the City of Dublin and in such (if any) other newspapers as shall be prescribed by the Minister in the relevant approval order.

(6) Every public notice given by the Board in pursuance of the next preceding subsection of this section shall state that the maps, plans, and books of reference to which such notice relates are open to public inspection in accordance with this section and shall state the times and places at which they are so open to inspection.

10 Generation and distribution of electricity.

10.—(1) When an approved scheme has been carried out and the hydro-electric works provided for by such scheme have been completed (with such additions, omissions, variations, and deviations as shall have been found necessary in the course of the work), the Board shall generate electricity by means of such works and shall transmit and distribute such electricity 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 subsection of this section.

(2) The following provisions shall apply and have effect in relation to electricity (in this subsection referred to as the said electricity) generated by the Board in pursuance of the next preceding subsection of this section, that is to say:—

(a) the said electricity shall be used and applied by the Board for all or such one or more (as the Board shall think proper) of the purposes for which electricity (in this subsection referred to as such other electricity) generated by the Board by any other means may lawfully be used or applied by the Board;

(b) the said electricity may be so used and applied in conjunction with, in addition to, or independently of all or any such other electricity;

(c) the Board shall have and may exercise in relation to the said 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 all or any of such other electricity;

(d) any part or, parts of any transmission system or of any distribution system for the time being owned by the Board for the transmission or distribution (as the case may be) of all or any of such other electricity may be used for the transmission or distribution of the said electricity;

(e) any part or parts of any transmission system or any distribution system constructed by the Board for the transmission or distribution (as the case may be) of the said electricity may be used for the transmission or distribution of such other electricity.

(3) For the purposes of the transmission and distribution of electricity in pursuance of subsection (1) of this section the Board shall have and may exercise all or any of the powers vested in them by the Electricity (Supply) Acts, 1927 to 1942, in relation to the transmission and distribution of electricity generated otherwise than in pursuance of the said subsection (1).

11 Protection of fisheries.

11.—In the carrying out of an approved scheme it shall not be obligatory on the Board or any contractor employed by the Board to comply with the Fisheries Acts, 1842 to 1944, but the Board shall take and make or, in the case of works executed by a contractor, procure that the contractor shall take and make such precautions and provisions as the Minister for Agriculture may consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the carrying out of such approved scheme, provided that the said Minister shall, in consultation with the Board, satisfy himself that taking such precautions and making such provisions will not cause substantial detriment to the works provided for by such approved scheme or substantial hindrance to or substantial increase in the cost of such works.

12 Power of Board to prohibit navigation.

12.—(1) The Board may by order, whenever they think it to be necessary for the due carrying out of an approved scheme or the operation of works constructed in pursuance of an approved scheme, prohibit, during such period as they shall consider to be necessary for the purposes of such carrying out or such operation (as the case may be), navigation in or upon the river, or any particular part of the river, to which such approved scheme relates or related.

(2) An order may be made by the Board under the foregoing subsection of this section notwithstanding any enactment declaring the river to which such order relates to be a public navigable river.

(3) Every order made by the Board under this section shall be expressed and shall operate to prohibit the passage of any person with any boat, barge, lighter, or other vessel in or upon the river or the particular part of the river to which such order relates during the period specified in that behalf in such order.

(4) Every person who contravenes any provision of an order made by the Board under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

13 Right of the Board to information from rate books.