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54 1936

LIFFEY RESERVOIR ACT, 1936

PART I.

Preliminary and General.

Short title.

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

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.

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.

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.