PART IV.

Powers and Duties of the Corporation.

17. —(1) The Scheduled Agreement shall be deemed for the purposes of the Public Health (Ireland) Act, 1878, to be a contract for the supply of water made by the Corporation with the Board under section 61 of that Act, and accordingly the provisions of the said Act in relation to the supply of water by a sanitary authority and the purchase of land by a sanitary authority shall apply and have effect (subject to the modifications stated in this Act) in relation to the execution of the waterworks and the carrying out of the Scheduled Agreement by the Corporation.

(2) For the purposes of the application, in pursuance of the foregoing sub-section of this section, of the provisions of the Public Health (Ireland) Act, 1878, mentioned in that sub-section to the execution of the waterworks and the carrying out of the Scheduled Agreement by the Corporation, the following modifications of the said provisions shall have effect, that is to say:—

(a) the period of one month shall be substituted for the period of three months mentioned in section 35 (as applied by section 64) of the said Act, and for the like period mentioned in section 36 (as so applied) of the said Act, and for the period of two months mentioned in section 63 of the said Act;

(b) the expression “water mains” where it occurs in section 64 of the said Act shall be construed as including aqueducts, conduits, culverts, and tunnels for conveying water for the purposes of a water supply ;

(c) in paragraph (2) of section 203 of the said Act, the word “twice” shall be substituted for the words “once at least in each of three consecutive weeks in the month of November”, and the words “in the month of December” shall be deleted;

(d) the Minister for Local Government and Public Health may require every owner, lessee, and occupier of lands who is stated in a petition presented under paragraph (3) of the said section 203 to have dissented in respect of the taking of such lands to furnish in writing to the said Minister a statement of the grounds on which such owner, lessee, or occupier so dissents and if, on consideration of the statements so furnished the said Minister is satisfied that, in the case of every such owner, lessee, or occupier, the grounds of dissent relate exclusively to matters which can be dealt with by the arbitrator when assessing the price of or compensation for such lands, it shall not be obligatory on the said Minister to hold such public inquiry as is mentioned in paragraph (4) of the said section 203 before making the provisional order prayed for in such petition;

(e) so much of the proviso to paragraph (5) of the said section 203 as relates to the months in which the notices mentioned in the said section 203 may be served and to the period within which the inquiry mentioned in the said section 203 may be held shall not apply ;

(f) the Rules set out in the Sixth Schedule to the Local Government Act, 1925 (No. 5 of 1925), shall apply to the confirmation of provisional orders but with the modifications that in Rule 1 of the said Rules the period of twenty-one days shall be substituted for the prescribed period and that so much of the said Rules as authorises the presentation of a petition to the Circuit Court and so much of the said Rules as relates to such petition shall not apply.

18. —The waterworks shall become and form part of the waterworks constructed by the Corporation under the powers conferred on it by the Dublin Corporation Waterworks Act, 1861, as amended or extended by subsequent enactments, and accordingly, sections 30, 44 to 52, and 58 to 62 of the said Dublin Corporation Waterworks Act, 1861, as so amended or extended, shall apply to the waterworks in like manner as they apply to the said waterworks constructed under the said powers.

19. —(1) At any time after the confirmation of a provisional order for the purposes of the Public Health (Ireland) Act, 1878, as applied by this Act, the Corporation may 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' notice in writing to the occupier of the land or the owner of the right) enter on and take possession of any land or exercise any right which they are authorised by such provisional order to acquire compulsorily.

(2) Whenever the Corporation under this section enters on and takes possession of any land or exercises any right before payment of the price or compensation, the Corporation shall pay to the occupier of such land or the owner of such right (as the case may be) interest on the amount for the time being unpaid or not advanced of such price or compensation at the rate of four pounds per cent. per annum from the date of such entry and taking possession or of such exercise (as the case may be) to the date of the conveyance of such land or right to the Corporation.

20. —(1) The Corporation may, if they shall think it expedient so to do for the better protection of the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement from pollution, construct, on land to be acquired for the purpose, accommodation works for the washing of sheep.

(2) Accommodation works constructed by the Corporation under this section shall be deemed to be part of the waterworks, and land acquired for the purpose of such accommodation works shall be deemed to be acquired for the purposes of the waterworks, and this Act (including the enactments incorporated with or applied by this Act) shall apply accordingly.

21. —(1) Where a person is entitled, actually or prospectively, to compensation in respect of anything lawfully done or intended to be done by the Corporation under the Public Health (Ireland) Act, 1878, as applied by this Act, the Corporation may, with the sanction of the Minister for Local Government and Public Health, execute for the benefit of such person such works as the Corporation with the sanction aforesaid thinks proper and such person agrees to accept in satisfaction or partial satisfaction of his claim for such compensation.

(2) The Corporation may, with the sanction of the Minister for Local Government and Public Health, 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 Corporation (with the sanction aforesaid) and the person for whose benefit the works are executed.

22. —For the purpose of section 2 of the Public Health (Ireland) Act, 1896, every sanitary district in the County of Kildare shall be deemed to be a sanitary district adjoining the county borough of Dublin within the meaning of the said section 2, and that section shall apply and have effect accordingly.

23. —(1) The Minister for Local Government and Public Health may, if he so thinks fit, on the application of the sanitary authority of a sanitary district in the County of Dublin or the County of Kildare, by order require the Corporation to supply water to such sanitary authority.

(2) The Minister for Local Government and Public Health shall not make an order under the next preceding sub-section of this section unless he is satisfied that the Corporation have begun to take and draw water from the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement and that the supply of water to be given in pursuance of such order can be given without prejudice to the supply of water to the county borough of Dublin and to the areas outside that county borough which are, at the date of such order, entitled to be supplied with water by the Corporation.

(3) Whenever the Corporation is required, by an order made under this section, to supply water to a sanitary authority, the following provisions shall have effect, that is to say:—

(a) the Corporation shall, so long as such order continues in force, supply to such sanitary authority such quantity of water, at such times and places, and on such terms (including terms as to payment) as shall from time to time be agreed upon by the Corporation and such sanitary authority or shall, in default of such agreement, be determined by the Minister for Local Government and Public Health ;

(b) the water supplied in pursuance of such order shall be so supplied from a catchment, storage, or service reservoir constructed by the Corporation for its own purposes or from a conduit pipe or aqueduct similarly constructed;

(c) the supply of water in pursuance of such order shall be subject to the due performance of the obligations of the Corporation in relation to the supply of water to the county borough of Dublin and to the areas outside that county borough which are, at the date of such order, entitled to be supplied with water by the Corporation, and those obligations shall have priority to the obligations of the Corporation under such order;

(d) the water supplied in pursuance of such order shall be delivered by the Corporation at a point (whether in or outside of the sanitary district of such sanitary authority) agreed upon by the Corporation and such sanitary authority or, in default of such agreement, fixed by the said Minister, and all pipes, mains, and conduits necessary to carry such water from the said point shall be provided, laid, and maintained by such sanitary authority;

(e) whenever the price to be paid by such sanitary authority for the water supplied in pursuance of such order is fixed by the Minister under the next preceding paragraph of this sub-section, the Minister when so fixing such price shall consider the capital indebtedness of the whole waterworks system of the Corporation and the annual cost of the upkeep and maintenance thereof.

(4) The Minister for Local Government and Public Health may, whenever he so thinks fit on the application of the Corporation or of the sanitary authority concerned, amend or revoke any order (including an order made under this sub-section) previously made by him under this section.

(5) Before doing any of the following things, that is to say:—

(a) making an order under the first sub-section of this section, or

(b) amending or revoking any such order, or

(c) fixing or revising the price to be paid by a sanitary authority for water supplied to it in pursuance of any such order,

the Minister for Local Government and Public Health may, if he so thinks fit, and shall, if so requested by the Corporation, hold a public inquiry in respect of the doing of such thing, and Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every such public inquiry in like manner as it applies in respect of the local inquiries mentioned therein.

24. —(1) The purposes for which the Corporation may borrow under the Public Health Acts, 1878 to 1931, shall extend to and include all the purposes of the execution of the waterworks and the performance by the Corporation of the obligations imposed on it by the Scheduled Agreement.

(2) Money borrowed by the Corporation under the Public Health Acts, 1878 to 1931, for any of the purposes of the execution of the waterworks or the performance by the Corporation of the obligations imposed on it by the Scheduled Agreement shall not be reckoned as part of the debt of the Corporation for the purpose of any limitation on borrowing imposed by those Acts.

25. —If the Corporation for the purpose of or in connection with the execution of the waterworks or the exercise of any of the powers vested in the Corporation by virtue of this Act for the purpose of such execution, 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 Corporation—

(a) permit any officer of the Corporation authorised in that behalf by the Corporation 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 Corporation, upon payment by the Corporation of such fee as shall be agreed upon by the Corporation 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 Corporation.

26. —(1) The Corporation may make bye-laws for all or any of the following purposes, that is to say:—

(a) preventing the pollution, fouling, or contamination of the water in the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement or in any service reservoir, conduit, aqueduct, or pipe constructed by the Corporation for containing or carrying water drawn by the Corporation from the said reservoir to be constructed by the Board;

(b) prohibiting the discharge of any poisonous, noxious or deleterious matter into any stream which flows, directly or indirectly, into the said reservoir to be constructed by the Board and prohibiting the discharge of any such matter into any lake or pond from or through which any such stream issues or flows;

(c) for the purpose of the prevention of contamination of the water in the said reservoir to be constructed by the Board, requiring the construction, use and maintenance of proper sewers and drains and prescribing the materials, size, and construction generally of such sewers and drains.

(2) Sections 219 to 223 of the Public Health (Ireland) Act, 1878, shall apply to all bye-laws made by the Corporation under this section.

(3) Bye-laws made by the Corporation under this section shall apply to and be in force in the catchment area of the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement, but any such bye-law may be made applicable to a specified part only of such catchment area.

(4) A copy of every bye-law made by the Corporation under this section shall, before such bye-law is submitted to the Minister for Local Government and Public Health for confirmation, be served on the Board and on the sanitary authority of every sanitary district to which or to any part of which such bye-law is intended to apply, and the said Minister shall, before confirming such bye-laws, consider all (if any) representations which may be made by the Board or any such sanitary authority in regard thereto.

(5) Whenever the rights of the owner or the occupier of or any other person interested in any lands or premises in the area of application of a bye-law made by the Corporation under this section are injuriously affected by the restrictions imposed by such bye-law, the Corporation shall pay compensation to such owner, occupier, or other person (as the case may be) and the right to and amount of such compensation 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.

27. —The Corporation shall not, 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 service of the Department of Posts and Telegraphs.

28. —If and whenever the execution of the waterworks by the Corporation involves the diversion, removal, or other interference with any public road or bridge, the following provisions shall have effect, that is to say:—

(a) where the execution of the waterworks involves the closing of such road or bridge to traffic, the Corporation shall if the Minister for Local Government and Public Health so directs 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 Corporation shall, at or before the completion of the waterworks, either restore such road or bridge to its former condition or construct in accordance with plans approved of by 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 Corporation constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district (other than the county borough of Dublin) than the original bridge, whether by affording an improved means of communication or otherwise, the Corporation 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 Corporation;

(d) if any doubt, dispute, or question shall arise whether the Corporation, 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 Corporation 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.