LOCAL GOVERNMENT (ROADS AND MOTORWAYS) ACT, 1974

AN ACT TO PROVIDE FOR THE CONSTRUCTION OF MOTORWAYS AND TO MAKE FURTHER AND BETTER PROVISION FOR THE CONSTRUCTION, IMPROVEMENT AND MAINTENANCE OF ROADS AND OTHER MATTERS CONNECTED THEREWITH. [2nd April, 1974]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Interpretation.

1.—In this Act—

“functions” includes powers and duties and references to the performance of functions includes references to the performance of powers and duties;

“the Minister” means the Minister for Local Government;

“motorway” means a public road or a proposed public road which is declared to be a motorway by order under section 2 of this Act;

“national road” means a public road or a proposed public road which is declared to be a national road by order under section 2 of this Act;

“planning authority” has the meaning assigned to it by the Local Government (Planning and Development) Act, 1963;

“planning permission” means a permission under Part IV of the Local Government (Planning and Development) Act, 1963;

“public road” means any road, street, lane, footpath, square, court, alley or passage, and any part thereof, the responsibility for the maintenance of which lies on a road authority, and shall include any bridge, viaduct, underpass, subway, tunnel, overbridge, flyover, pipe, arch, gulley, footpath, carriageways (whether single or multiple), pavement, railing, fence, wall, barrier, guardrail, margin, lay-by, hard shoulder, cycle track, island, median, central reserve, channelliser, roundabout, pole, bollard, wire, cable, sign, signal or lighting forming part of the road or other similar structure forming part of the road necessary for the safety, convenience or amenity of road users;

“road authority” means the council of a county, the corporation of a county or other borough or the council of an urban district;

“structure” means any building, erection, structure, excavation or other thing constructed, erected or made on, in or under any land, or any part of a structure so defined;

“State authority” has the meaning assigned to it by the Local Government (Planning and Development) Act, 1963;

“statutory undertaker” has the meaning assigned to it by the Local Government (Planning and Development) Act, 1963.

2 Power to declare roads to be national roads or motorways.

2.—(1) The Minister may by order declare any existing public road or any part thereof, or any proposed public road, to be a national road.

• (2) The Minister may by order declare any existing public road or any part thereof, or any proposed public road, to be a motorway.

• (3) The Minister may by order revoke or amend an order made under this section, including this subsection.

3 Power to construct, maintain and improve roads.

3.—(1) A road authority may do all things necessary or incidental to the construction, maintenance or improvement of public roads, or for any purpose incidental thereto, including the provision of any amenity or structure for the safety or convenience of road users, and the undertaking of landscaping, planting or any similar activity in the interests of amenity and environment.

• (2) A road authority may modify, alter, remove, replace or re-position any structure, amenity, feature or thing provided by them as part of, or in connection with the provision of a public road.

• (3) Nothing in this Act shall be construed as imposing on a road authority any liability, duty or obligation to—

• (a) construct, repair or maintain fences or retaining walls adjoining a public road which are the responsibility of any other persons and which do not form part of a motorway, or

• (b) construct, repair or maintain any bridges, tunnels, railway crossings or any other structure which by virtue of any enactment are the responsibility of a railway company or other person.

4 Schemes for motorways.

4.—(1) A road authority may, and shall, if the Minister so directs, make a scheme for the provision of a motorway.

• (2) A scheme under this section shall be in the prescribed form and shall describe, by reference to a map, the lands to which the scheme relates or which are affected thereby.

• (3) Before making a scheme under this section, a road authority shall have regard to the preservation of scenic and natural amenities and, for that purpose, shall consult with such bodies as the road authority considers necessary.

• (4) A road authority shall submit any scheme made by it under this section to the Minister for approval.

• (5) The Minister may approve a scheme submitted to him under this section with or without modifications or he may refuse to approve such a scheme.

• (6) The Minister, when approving a scheme submitted to him under this section, may, in any case where he considers it reasonable to do so, issue a direction to the road authority to provide for any person who, by reason of the construction of a motorway, is deprived of reasonable access from one part of his property to another, a suitable alternative means of access, and the road authority shall comply with any such direction.

5 Procedure by road authority prior to submitting scheme to Minister.

5.—(1) Before submitting a scheme to the Minister pursuant to section 4 (4) of this Act, a road authority shall—

• (a) publish in one or more newspapers circulating in the area to which the scheme relates a notice in the prescribed form stating that a scheme has been made under this Act and indicating times at which, the days on which and the place where a copy of the scheme and the map referred to therein may be inspected;

• (b) serve, on every owner and occupier of any land to which the scheme relates and every owner and occupier of any other land affected by the scheme whose name and address can be ascertained by the road authority by reasonable enquiries, a notice in the prescribed form stating—

• (i) the nature and extent of the scheme,

• (ii) that the scheme will be submitted to the Minister for approval, and

• (iii) the time within which and the manner in which objections can be made to the scheme.

• (2) Whenever the Minister is satisfied in relation to a notice required to be served pursuant to subsection (1) (b) of this section that—

• (a) reasonable grounds exist for dispensing with the service of the notice, and

• (b) the dispensing with the service of the notice will not cause injury or damage to any person,

he may dispense with the service of the notice and every such dispensation shall have effect according to the terms thereof.

• (3) Where a notice is required or authorised by this Act or any order or regulation made thereunder to be served on a person, it shall be addressed to him and shall be served on him in some one of the following ways:

• (a) where it is addressed to him by name, by delivering it to him;

• (b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

• (c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

• (d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice, is so required or authorised to be served, in respect of any land or premises by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land or premises.

• (4) Where a notice is required by this Act or any order or regulation made thereunder to be served on an owner or occupier of any land or premises and the name of the owner or of the occupier, as the case may be, cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him.

• (5) For the purposes of this section, a company within the meaning of the Companies Act, 1963, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

6 Provisions relating to approval by Minister of scheme.

6.—(1) Before approving a scheme submitted to him under section 4 (4) of this Act, the Minister shall—

• (a) cause a public local inquiry into all matters relating to the scheme to be held,

• (b) consider the report of the person conducting such inquiry, and

• (c) consider any objections to the scheme which have been lodged and which have not been withdrawn.

• (2) Whenever the Minister approves a scheme submitted to him pursuant to section 4 (4) of this Act, the road authority shall thereupon be authorised to acquire any land to which the scheme or, in case the scheme is modified by the Minister, the scheme as so modified relates, and, for that purpose, the scheme shall have the same effect as if it were a compulsory purchase order in respect of that land which, consequent on a decision made by the road authority, pursuant to section 10 (1) of the Local Government (No. 2) Act, 1960, had been duly made and confirmed.

• (3) Whenever the Minister approves a scheme submitted to him by a road authority pursuant to section 4 (4) of this Act and declares any public road or any part thereof, or any proposed public road, to be a motorway pursuant to section 2 (2) of this Act, the road authority shall thereupon be authorised to close, stop up, remove, alter or divert any existing means of access (including access from a public road) to a motorway to which the scheme or, in case the scheme is modified by the Minister, the scheme as so modified relates.

• (4) In any case where the closing, stopping up, removing, altering or diverting of any means of access pursuant to subsection (3) of this section results in the owner of any land being deprived of the only means of access from that land to any public road the road authority shall not close, stop up, remove, alter or divert such means of access until an alternative means of access to a public road has been provided.

• (5) Whenever by reason of the construction of a motorway access from any land to a public road has been closed up, stopped up, removed, altered or diverted by a road authority pursuant to subsection (3) of this section and any person has suffered damage in consequence thereof by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land, he shall be entitled to recover from the road authority compensation in respect of that damage:

Provided that in assessing compensation regard shall be had to any new means of access provided by the road authority.

• (6) A claim for compensation under this section shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, in the like manner in all respects as if such claim arose in relation to the compulsory acquisition of land, but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award.

7 Provision relating to Dublin County Council Compulsory Purchase (Roads and Open Space) No. 1 Order, 1971.

7.—The Dublin County Council Compulsory Purchase (Roads and Open Space) No. 1 Order, 1971, shall be deemed to be a scheme made and submitted to the Minister for approval under section (4) of this Act.

8 Control of access to motorways.

8.—(1) A person shall not have or be entitled to direct access from any land adjoining a motorway to the motorway, or from the motorway to such land, nor shall a right be granted at any time.

• (2) Notwithstanding anything contained in any other enactment, a planning authority shall not grant permission, nor shall a decision by a planning authority to grant any permission be regarded as having been given, for any development which would provide direct access to a motorway or for any development on land to which a scheme made by a road authority pursuant to section 4 of this Act relates.

• (3) Where a scheme is made by a road authority under section 4 of this Act, the planning authority for the area to which the scheme relates shall serve notice in the prescribed manner on all persons who have been granted planning permission for development (which has not been commenced or has not been completed) on any land affected by the scheme.

• (4) A notice served by a planning authority under subsection (3) of this section shall state either—

• (a) that the planning permission granted is thereby suspended until the Minister gives an approval or refusal in relation to the scheme under section 4 (4) of this Act and that, if the scheme is approved by the Minister, the planning permission is thereby revoked to such extent as may be specified in the notice, or

• (b) that the planning permission is thereby modified by the planning authority to such extent as may be specified in the notice.

• (5) Where a means of access from any land to a motorway has been constructed by any person in contravention of this section, the road authority may, without giving notice to the owner of the land or to any other person, take all steps necessary to close, stop up or remove the means of access and may recover from the owner of the land as a simple contract debt in any court of competent jurisdiction any expenses reasonably incurred by the road authority in closing up, stopping up or removing that means of access.

• (6) Any person (other than a road authority) who constructs, forms or lays out any means of access to a motorway shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds.

• (7) Any person (other than a road authority) who interferes with or damages any fence or other boundary forming part of a motorway shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding two hundred pounds.

9 Provisions relating to regulation of traffic on, and use of motorways.

9.—(1) The Minister may prescribe the classes of mechanically propelled vehicles which may use a motorway and different classes of mechanically propelled vehicles may be prescribed in relation to different motorways or different parts of a motorway.

• (2) Pedestrians, pedal cyclists and persons driving mechanically propelled vehicles of a class other than a class prescribed pursuant to subsection (1) of this section shall not use a motorway, and persons in charge of, or having control over, animals shall not permit them to be on a motorway.

• (3) Any person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

10 Control of operations of statutory undertakers.

10.—(1) The powers conferred on any State authority or statutory undertaker by or under any enactment to excavate, lay down or erect any apparatus along, adjoining, in, on, under or over, any land shall not be exercised by that State authority or statutory undertaker in relation to any land comprised in a motorway otherwise than with the consent of the Minister.

• (2) The Minister may grant or refuse his consent under this section to the operations of any State authority or statutory undertaker in relation to any land comprised in a motorway or he may grant his consent subject to such conditions or restrictions as seem to him to be necessary.

11 Directions by Minister relating to national roads and motorways.

11.—(1) Notwithstanding anything contained in any other enactment, a road authority shall, in the exercise of their functions in relation to a national road or motorway, comply with all or any directions that may be given by the Minister pursuant to subsection (2) of this section.

• (2) The Minister may, after consultation with the road authority, give directions in relation to all or any of the following matters—

• (a) the management of national roads and motorways;

• (b) the planning and construction of national roads and motorways;

• (c) the standards and specifications to be applied to works carried out for the purposes of national roads and motorways;

• (d) the programming of works;

• (e) the execution of works;

• (f) the taking of surveys;

• (g) the provision of traffic signs on national roads and motorways; and

• (h) the co-ordination of all or any of the foregoing matters, or any matters relating thereto, either within the area of any one road authority or in conjunction with any other road authority or road authorities.

• (3) In this section—

“traffic sign” has the meaning assigned to it by the Road Traffic Acts, 1961 and 1968; and

“works” includes works of construction, maintenance and improvement.

12 Failure of road authority to comply with direction of Minister.

12.—(1) Whenever a road authority—

• (a) fails or refuses to comply with a direction of the Minister given under section 11 of this Act, or

• (b) fails to comply with such a direction in a manner satisfactory to the Minister,

the Minister may by order require the road authority to comply with such direction or to comply with such direction in a satisfactory manner, as the case may be, and the Minister may, if he thinks fit, specify in the order the manner in which or the time or times within which such direction is to be complied with or both such manner or such time or times, and if the road authority fail to comply with the requirements of the order or fail to comply with such requirements in a satisfactory manner, the Minister may by a further order invest himself with such of the said functions of the road authority as he considers necessary and may thereupon perform those functions.

• (2) Where the Minister is of opinion that it would be more convenient that any function which may be performed by him by virtue of an order under subsection (1) of this section, should be performed, whether generally or in a particular case, by a road authority or by some other person, he may—

• (a) require the road authority to perform the function, or

• (b) make an agreement with such other person for the performance of the function by him on the Minister's behalf, and thereupon the function shall become performable by the road authority, or such other person, as if the road authority or such other person, as the case may be, were the road authority in respect of whose function the order was made.

13 Exercise or performance of function by road authority in the area of another road authority.

13.—(1) Whenever the Minister is satisfied that—

• (a) a particular function falls to be performed under this Act by a particular road authority, and

• (b) that function could be performed more efficiently by another road authority or other road authorities,

the Minister may, after consultation with all road authorities concerned, by order, authorise the performance of that function by one or more of the other road authorities, and thereupon the road authority or road authorities so authorised may exercise or perform that function.

• (2) The Minister may by order revoke an order made under subsection (1) of this section.

• (3) Where—

• (a) a function of a road authority becomes performable by another road authority under this section or by the Minister, another road authority or other person under section 12 of this Act, and

• (b) the first mentioned road authority would, if they exercised or performed the function, be authorised by law to do any act or thing in relation to such performance,

the Minister, road authority or other person by whom that function is performed shall be authorised to do that act or thing in relation to the exercise or performance by him or them of the function as if he or they were the first mentioned road authority.

• (4) Where a function of a road authority becomes exercisable or performable by another road authority under this section or under section 12 of this Act, the Minister may by order vest in, and transfer to, the first mentioned road authority any property, debt or liability acquired or incurred in the exercise or performance of the function by the Minister, other road authority or other person and any such property, debt or liability shall vest and attach accordingly.

14 General provisions with respect to regulations.

14.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or in relation to any matters referred to in this Act as the subject of regulations.

• (2) Regulations under this section may make different provisions for different classes of cases coming within the same matter.

• (3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

15 Commencement.

15.—This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

16 Expenses.

16.—The expenses of the Minister incurred 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.

17 Short title, collective citation and construction.

17.—(1) This Act may be cited as the Local Government (Roads and Motorways) Act, 1974.

• (2) The Local Government Acts, 1925 to 1971, and this Act may be cited together as the Local Government Acts, 1925 to 1974, and shall be construed together as one Act.