LOCAL GOVERNMENT (ROADS AND DRAINAGE) ACT, 1968

AN ACT TO ENABLE THE COUNCIL OF A COUNTY TO CARRY OUT CERTAIN WORKS IN RELATION TO CERTAIN ROADS, TO CARRY OUT CERTAIN DRAINAGE WORKS, TO PROVIDE FOR THE MAKING OF GRANTS BY THE STATE IN RELATION TO THOSE WORKS AND TO MAKE PROVISION WITH RESPECT TO OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [26th March, 1968.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation.

1.—In this Act—

“non-maintained road” means any road other than a road the responsibility for the maintenance of which lies on the council of a county, the corporation of a county or other borough, or the council of an urban district;

“owner”, in relation to land, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person is entitled to receive the rack rent of the land or, where land is not let at a rack rent, would be so entitled if it were so let and “owned” shall be construed accordingly;

“road” means a road, pathway, avenue or any other means of access and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall forming or to form part of the road.

2 Council of county may construct roads, reconstruct or improve non-maintained roads and carry out drainage works, in certain circumstances.

2.—(1) In case a grant under section 4 is allocated by a Minister of State to the council of a county, the council may make and carry out an agreement for the construction of a road or the reconstruction or improvement of the whole or any part of a non-maintained road situate wholly or partly within their county, provided that one of the following requirements is complied with, namely:

• (a) the road or portion thereof is, or in case the agreement provides for the construction of a road, the road or portion thereof when constructed will be, used as a means of access to parcels of land of which at least two are owned or occupied by different persons,

• (b) the road or portion thereof is, or in case the agreement provides for the construction of a road, the road or portion thereof when constructed will be, used—

• (i) by two or more persons as a means of access in relation to the lawful removal of turf or sea-weed, or the exercise of turbary or any other profit à prendre, or

• (ii) as a means of access in relation to the removal of turf for consumption in an electricity generating station to which this section applies,

• (c) the road or portion thereof in the opinion of the council is, or in case the agreement provides for the construction of a road, the road or portion thereof when constructed will be, used by the public.

• (2) In case a grant under section 4 is allocated by a Minister of State to the council of a county, the council may make and carry out an agreement for the execution of drainage works situate wholly or partly within their county provided that either of the following requirements is complied with, namely:

• (a) the works will, when completed, wholly or partly serve parcels of land of which at least two are owned or occupied by different persons,

• (b) the works will, when completed, wholly or partly serve a bog—

• (i) in relation to which two or more persons may exercise turbary or otherwise lawfully remove turf, or

• (ii) on which turf is, or is intended to be, produced for consumption in an electricity generating station to which this section applies.

• (3) An agreement under this section may provide for the making by—

• (a) in the case of an agreement for the execution of works relating to land of which the relevant council of a county is either the owner or the occupier—any party to the agreement, or

• (b) in any other case—any party to the agreement other than the council of a county,

of a contribution towards the expenses mentioned in section 3 and incurred in carrying out works under the agreement.

• (4) This section applies to any electricity generating station which is turf-fired, the generating capacity of which does not exceed five megawatts and which was completed before the passing of this Act.

3 Expenses of executing works under this Act.

3.—The expenses (including, as respects administrative expenses, only such administrative expenses as the Minister of State by whom the relevant grant was made under section 4 may from time to time determine) incurred by the council of a county in executing works under this Act shall, in so far as they cannot be met out of contributions (if any) made on foot of the relevant agreement, be met out of a grant under section 4.

4 Grants by Minister of State.

4.—A Minister of State may, out of moneys provided by the Oireachtas and subject to such terms and conditions (if any) as the Minister thinks fit to impose, make to the council of a county a grant for the purposes of section 3 provided that in case the Minister is not the Minister for Finance such grant shall be made only with the consent of the Minister for Finance.

5 Expenses of administration of a Minister of State.

5.—The expenses incurred by a Minister of State in the administration of this Act shall be defrayed out of moneys provided by the Oireachtas provided that in case the Minister is not the Minister for Finance such expenses shall be defrayed only to such extent as may be sanctioned by the Minister for Finance.

6 Short title.

6.—This Act may be cited as the Local Government (Roads and Drainage) Act, 1968.