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TRAMWAYS (IRELAND) ACT 1860 - SECT 5



5. ... [the Department of the Environment] shall, on the application of the
promoters, inquire whether or not the requirements contained in the foregoing
enactments have been complied with (for which purpose they shall have power to
summon witnesses, and require the production of documents, and take evidence
on oath or otherwise), and shall hear any person interested in contending that
such requirements have not been complied with, who shall lodge with [the
Department of the Environment] a memorial complaining of non-compliance in
some particular specifically stated in such memorial, and shall then proceed
to inquire generally into the prima facie merits of the undertaking. With
reference thereto [the Department of the Environment]... shall hear in
opposition to the application any owner, lessee, or occupier of any lands
proposed to be taken for the purposes of the undertaking, or alleged to be
injuriously affected thereby, and any railway or other company or person
desiring to be heard in opposition on the ground of competition, or any part
of whose rails, trams, stations, works, or accommodations is proposed to be
taken or in any manner used or interfered with for the purposes of the
undertaking, and the inhabitants of any town, place, or district alleged to be
injuriously affected by the undertaking. [The Department of the Environment]
shall then approve provisionally or disapprove, as they may think fit, of the
undertaking, with or without modification, having regard to the compliance or
non-compliance of the promoters with the requirements aforesaid, and to the
prima facie merits of the undertaking, in engineering, financial, and other
respects; and such provisional approval or such disapproval (with, in case of
disapproval, the grounds thereof) shall be certified in writing under the hand
of [the Department of the Environment]; and in all cases where the proposed
undertaking is provisionally approved of by [the Department of the
Environment] it shall be lawful for any railway company or owner of land who
may have opposed the application for the same to appeal against any such
provisional approval to the Lord Lieutenant in Council, who shall, as soon as
may be, inquire into the grounds of such provisional approval, and allow or
disallow the appeal.

Ss.6, 7 rep. by SRO (NI) 1973/285


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