PART III.

Powers and Duties of the Board.

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. —(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. —(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. —(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. —(1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done by the Board under this Act, the Board may execute for the benefit of such person such works as the Board thinks proper and such person agrees to accept in satisfaction or partial satisfaction of his claim for such compensation.

(2) The Board may attach to the execution of any works under this section such terms and conditions (including terms as to the ownership, possession, and control of such works) as may be agreed on by the Board and the person for whose benefit the works are so executed.

11. —(1) As soon as may be after the passing of this Act and not later than one month before commencing the construction of any particular part of the Liffey works or commencing to do any other particular thing which the Board is by this Act authorised to do or for that purpose entering on any lands or premises or exercising any right or interfering with any property, corporeal or incorporal, under this Act, the Board shall cause maps, plans, and books of reference in relation to such part of the Liffey works or such particular thing (as the case may be) to be deposited as hereinafter mentioned.

(2) The maps and plans to be deposited under this section shall be sufficient in quantity and character to show on adequate scales the extent of the works to which they relate with all contemplated deviations and variations, and also all property, corporeal and (where appropriate) incorporeal, proposed to be acquired for the purpose of those 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 road or bridge.

(3) The books of reference to be deposited under this section shall contain the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of all lands and premises 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 roads and bridges), proposed to be in any way interfered with under this Act for the purpose of such works.

(4) The maps, plans and books of reference to be deposited under this section shall be deposited at the head office of the Board in the City of Dublin, and at such other places in the Counties of Dublin and Wicklow as the Board may, with the approval of the Minister, determine, and all such maps, plans and books of reference shall remain so deposited until the completion of the works to which they relate, and while so deposited shall be open to inspection by any person free of charge at the place of deposit between the hours of ten o'clock in the morning and four o'clock in the afternoon of 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 newspapers circulating in the City of Dublin and the Counties of Dublin and Wicklow, and shall in every such notice state that such maps, plans, and books of reference are open to public inspection in accordance with this section.

12. —If the Board, for the purpose of or in connection with the construction of the Liffey works or the exercise of any of the powers conferred on the Board by this Act for the purpose of such construction, requires information from a rate book or other similar document, the local authority or other local body having custody of such book or document shall, at the request of the Board—

(a) permit any officer of the Board authorised in that behalf by the Board to inspect free of charge such book or document and to take free of charge a copy of the whole or any part of such book or document, and

(b) furnish to the Board, upon payment by the Board of such fee as shall be agreed upon by the Board and such public body or, in default of such agreement, shall be fixed by the Minister for Local Government and Public Health, a copy of such book or document or of any part thereof specified in that behalf by the Board.

13. —(1) The Liffey works shall, while in the possession and control of the Board, be exempt from assessment for poor rate and also from assessment for any other rate made by a local authority.

(2) In this section, the expression “ local authority ” has the same meaning as is given to it by the Electricity (Supply) Act, 1927 (No. 27 of 1927), as extended by sub-section (2) of section 10 of the Electricity (Supply) (Amendment) (No. 2) Act, 1934 .

14. —Neither the Board nor any contractor executing any works under this Act shall by virtue of this Act acquire, enter on, remove, or otherwise interfere with any lands, premises, buildings, works, plant, materials, or other property of the Minister for Posts and Telegraphs or erect any works or do any other matter or thing which, in the opinion of the Minister for Posts and Telegraphs, would obstruct, delay, hinder or otherwise injuriously affect the due execution of the public services of the Department of Posts and Telegraphs.

15. —(1) If and whenever the execution of the Liffey works involves the diversion, removal, or submergence of or any other interference with any public road or bridge, the following provisions shall (save as is otherwise provided by this section) have effect, that is to say:—

(a) where the execution of the Liffey works involves the closing of such road or bridge to traffic, the Board shall construct and shall maintain while such road or bridge is so closed to traffic a temporary road or bridge in the same or some other convenient situation sufficient to carry traffic of such quantity and character as normally uses such road or bridge;

(b) the Board shall, at or before the completion of the Liffey works, either restore such road or bridge to its former condition or construct, after consultation with the Minister for Local Government and Public Health, a new permanent road or bridge in the same or some other convenient situation sufficient to carry the like amount (in quantity and character) of traffic as the original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge;

(c) where the Board constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district than the original bridge, whether by affording an improved means of communication or otherwise, the Board shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost in his opinion ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of the maintenance of the road of which such new bridge is part and shall be paid by such council to the Board;

(d) if any doubt, dispute or question shall arise whether the Board, in the construction, maintenance, or restoration of any temporary or permanent road or bridge pursuant to this sub-section, has complied with the provisions of this sub-section, or whether a permanent new bridge constructed by the Board confers substantially greater advantages on the public of any county or urban district than the original bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health, whose decision shall be final.

(2) Where the execution of the Liffey works involves the permanent closing, removal, or submergence of a public road or bridge, and the Minister, after consultation with the Minister for Local Government and Public Health, is satisfied that, having regard to all the circumstances of the case, a new road or bridge (as the case may be) in lieu of the road or the bridge so closed, removed, or submerged is not required, the Minister may by order declare that the foregoing sub-section of this section shall not apply or have effect in relation to such road or bridge (as the case may be), and upon such order being made the Board shall be relieved from any obligation by virtue of the said foregoing sub-section to provide, either temporarily or permanently, any road or bridge in lieu of the road or bridge (as the case may be) to which such order relates.

16. —In the execution of the Liffey works it shall not be obligatory on the Board or any contractor employed by the Board to comply with the Fisheries Acts, 1842 to 1935, but the Board shall take and make or, in the case of works executed for it by a contractor, procure that the contractor shall take and make such precautions and provisions as the Minister, after consultation with the Minister for Agriculture, shall consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the construction of the Liffey works unless the Minister after such consultation is satisfied that such protection cannot be afforded or such injury cannot be avoided without substantial detriment to the Liffey works or substantial hindrance to or substantial increase in the cost of their construction.