S.I. No. 249/1967:

TURF DEVELOPMENT ACT, 1946 (TRANSPORT WORKS) (NO. 2) ORDER, 1967.

TURF DEVELOPMENT ACT, 1946 (TRANSPORT WORKS) (NO. 2) ORDER, 1967.

ARRANGEMENT OF ARTICLES.

1. Short title and commencement.

2. Definitions.

3. Deposit of plans, maps and book of reference.

4. Power to make railways.

5. Power to make bridges.

6. Period for completion of railways and bridges.

7. Gauge of railways.

8. Motive power.

9. User of railways and bridges.

10. Opening of railways and bridges.

11. Application of the Railways Clauses Consolidaton Act, 1845, and the Railways Clauses Act, 1863.

12. Construction of the railways on roads.

13. Regulation of working of the railways across roads.

14. Repair by Board of roads across which railways are laid.

15. Power of Board to open and break up roads.

16. Restoration of roads opened or broken up by the Board.

17. Non-interference with traffic along roads.

18. Restrictions on rights of the Board as regards roads.

19. Maintenance of the railways on roads.

20. Indemnity of the County Council by the Board.

21. Agreements between the Board and the County Council.

22. Right of County Council to open roads.

23. Agreements between the Board and any other person.

24. Arbitration.

25. Protection of telegraphic lines.

26. Protection of Electricity Supply Board.

27. Protection of State Property.

28. Expenses of the Minister.

29. Saving for General Acts relating to railways.

S.I. No. 249 of 1967.

TURF DEVELOPMENT ACT, 1946 (TRANSPORT WORKS) (No. 2) ORDER, 1967.

WHEREAS BORD NA MÓNA has applied under Section 39 of the Turf Development Act, 1946 (No. 10 of 1946) for a transport works order authorising it to construct, maintain and operate for the purpose of its business the following transport works, namely, the railways and bridges shown on the plans and maps accompanying such application:

AND WHEREAS the Minister for Transport and Power, having considered such application and having consulted with the Minister for Local Government, is of opinion that such application should be granted:

NOW, the Minister for Transport and Power, in exercise of the powers conferred on him by section 43 of the Turf Development Act, 1946 (No. 10 of 1946), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ) hereby orders as follows:--

1. (1) This Order may be cited as the Turf Development Act, 1946 (Transport Works) (No. 2) Order, 1967.

(2) This Order shall come into operation on the 20th day of November, 1967.

2. In this Order--

"the Board" means Bord na Móna;

"the Minister" means the Minister for Transport and Power;

"the townlands" means the townland of Clonfert (Butson) in the Barony of Longford and County of Galway and the townland of Cloniffeen in the Barony of Garrycastle and County of Offaly;

"the works" means the work authorised by this order;

"the County Council" means in relation to so much of the works as are situate or will, when constructed, be situate in the County of Galway, the Council of the County of Galway and in relation to so much of the works as are situate or will, when constructed, be situate in the County of Offaly, the Council of the County of Offaly;

"road" means any public road and includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall (where such fence, railing or wall was erected by or is liable to be maintained by the County Council) forming part thereof:

"the railways" means the railways authorised by this Order;

"the bridges" means the bridges authorised by this Order;

"mechanical power" means electrical and any other motive power not being animal power;

"the deposited plans", "the deposited maps" and "the deposited book of reference" mean, respectively, the copies of the plans, maps and the book of reference deposited with the County Registrar for the County of Galway and the County Registrar for the County of Offaly as hereinafter provided.

3. The Board shall deposit with the County Registrar for the County of Galway and the County Registrar of the County of Offaly as soon as possible after the making of this Order true copies of the plans, maps and the book of reference to such plans and maps which accompanied the application for this Order.

4. (1) Subject to the provisions of this Order, the Board may within the townlands, lay down, make and maintain in the lines and according to the levels shown on the deposited plans and the deposited maps the railways and railway lines hereinafter described with all proper sidings, junctions, rails, plates, works and conveniences connected therewith and may use such of the lands delineated on the deposited plans and the deposited maps and described in the deposited book of reference as may be required for such purposes:

(a) Railway No.1--Clonfert Cross-roads--Shannon Callows--Clonferf (Butson)

A double line railway of 0.005 miles in approximate length commencing at a junction with the existing railway of the Board at a point just west of Clonfert Bridge on the road from Clonfert Crossroads by Clonfert Cathedral to the Shannon Callows in the townland of Clonfert (Butson) and County of Galway running in an easterly direction to cross under the said road by means of a bridge and terminating in a junction with the existing railway of the Board at a point just east of the aforesaid road still in the townland of Clonfert (Butson) and County of Galway,

(b) Railway No. 2--Cloghan-Shannonbridge Road (Cloniffeen)

A double line railway of 0.011 miles in approximate length commencing at a junction with the existing railway of the Board at a point just east of the Cloghan--Shannonbridge road in the townland of Cloniffeen and County of Offaly running in a westerly direction to cross under the said road by means of an existing bridge at a point about one mile south east of Shannonbridge village and terminating in a junction with the existing railway of the Board at a point just west of the aforesaid road still in the townland of Cloniffeen and County of Offaly, and

(c) Railway No. 3--Blackwater-Garryduff Railway line and Bridge over River Shannon

A single line railway of 0.099 miles in approximate length commencing at a junction with the existing railway of the Board at a point immediately east of the River Shannon in the townland of Cloniffeen and County of Offaly running in a westerly direction to cross the River Shannon at a point approximately one mile downstream of Shannonbridge by means of a bridge and terminating in a junction with the existing railway of the Board at a point immediately west of the River Shannon in the townland of Clonfert (Butson) and County of Galway.

(2) Each railway line shall consist of two steel rails weighing 35 lbs. per linear yard each clipped to steel sleepers which weigh 18 lbs. per linear yard each and are laid and anchored on a bed not less than six inches and not more than nine inches in depth of pit-run gravel of medium size.

5. Subject to the provisions of this Order, the Board may, within the townlands, lay down, make and maintain according to the deposited plans and with all proper girders, cross-pieces, piles, works and conveniences connected therewith, the bridges hereinafter described and may use such of the lands as are delineated on the deposited plans and the deposited map and described in the deposited book of reference as may be required for such purposes :

Bridge for Railway No. 1.

A fixed bridge in two spans of 14' and each span providing 16' of carriageway consisting of a reinforced concrete deck on reinforced concrete support walls with reinforced concrete wing walls all supported on timber piles, and

Bridge for Railway No. 3.

A fixed bridge 525' in overall length across the River Shannon in the townlands of Cloniffeen in the County of Offaly and Clonfert (Butson) in the County of Galway about one mile downstream of Shannonbridge which will be of 7 spans, 6 of 80' and 1 of 45' giving a clearance of 13'-1" over the maximum recorded winter water level of 125.3 o.d. The bridge deck will be carried on eight reinforced concrete piers resting on mass concrete foundations carried down to a suitable level. The main portion of the bridge will be 20'-3" between centres of handrails and the flooring and rail bearers will rest on cross joists at 10'-0" intervals which will be carried by main joints 8'-0" apart. The span of 45' will be a navigation span giving a clearance between piers of 42'-0". For the navigation span the flooring and rail bearers will rest on universal beams and columns.

6. The Board shall complete and finish, ready for use, the railways and the bridges and the proper equipment for working the same within one year from the commencement of this Order, or such further period not exceeding one year as the Minister may allow, and on the expiration of the said period of one year or such further period as may be allowed, the powers by this Order granted to the Board for executing the same or otherwise in relation thereto shall cease except as to so much thereof as shall then be completed.

7. The gauge of the railways shall be three feet.

8. Subject to the provisions of this Order, the Board may work the railways by mechanical power or animal power.

9. The railways and the bridges may be used for all purposes relating to the business of the Board and of the Electricity Supply Board and for no other purposes.

10. No parts of the railways or of the bridges shall be opened for traffic until the railways and bridges have been inspected and certified to be fit for traffic by an Inspector duly appointed by the Minister under the Regulation of Railways Act, 1871.

11. (1) Sections 7 to 12, sections 14 to 16, sections 20 to 24 and sections 68 to 75 of the Railways Clauses Consolidation Act, 1845, shall (except where inconsistent with any other Article of this Order) apply in respect of the railways subject to the following modifications:

(a) references to the Company shall be construed as references to the Board;

(b) references to the Special Act shall be construed as references to this Order;

(c) in section 7--

(i) the reference to the plans or books of reference mentioned in the Special Acts shall be construed as a reference to the deposited plans and the deposited map or the deposited book of reference;

(ii) the reference to two Justices shall be construed as a reference to the Minister;

(d) references in sections 7, 8, 9 and 10 to clerks of the peace or postmasters shall be construed, respectively, as references to the County Registrar for the County of Galway and the County Registrar for the County of Offaly.

(e) references in sections 8 and 9 to the original plans and sections as shall have been approved of by Parliament and to the original plan and section shall be construed as references to the deposited plans and the deposited maps;

(f) in section 11--

(i) the reference to the common datum line described in the section approved of by Parliament shall be construed as a reference to the common datum line described in the deposited plans and the deposited maps;

(ii) the reference to the consent of two or more Justices of the Peace in Petty Sessions assembled for the purpose and acting for the district in which a street or public highway may be situated shall be construed as a reference to the Minister;

(iii) the second proviso shall not apply;

(g) references in section 14 to the said plan or section shall be construed as reference to the deposited plans and the deposited maps;

(h) the reference in section 15 to the plans so deposited and the books of reference shall be construed, respectively, as a reference to the deposited plans, the deposited maps and the deposited book of reference;

(i) in section 16--

(1) the reference to the said plans shall be construed as a reference to the deposited plans and the deposited maps;

(2) the reference to the said books of reference shall be construed as a reference to the deposited book of reference;

(j) any penalty under section 23, section 24 or section 75 may be recovered by summary proceedings before a Justice of the District Court;

(k) in section 69, 70 and 71 references to two Justices or to such Justices shall be construed as references to a person appointed by the Minister.

(2) Part 1 (except sections 6, 13, 14, 15, 16, 17, 18 and 19) of the Railways Clauses Act, 1863, shall apply in respect of the railways, subject to the following modifications:

(a) references to the Company shall be construed as references to the Board;

(b) references to the Special Act shall be construed as references to this Order;

(c) references to the deposited plans or sections shall be construed as references to the deposited plans, the deposited maps and the deposited book of reference.

12. (1) The Board may construct and maintain the railways along, across, under and on the level of any existing road and may alter the level of any footpath or road in accordance with the deposited plans.

(2) Where the railways authorised by this Order are laid along, across, under or on the level of any road the Board shall not, in constructing the railways along, across, under or on the level of any existing road deviate from the levels thereof as shown on the deposited plans without the consent of the County Council.

(3) The form of rail to be laid along or across or under any road shall be approved by the County Council and, if the Board shall be dissatisfied with its decision, it may appeal to the Minister whose decision shall be final.

13. Where the railways are laid across or under the level of any public road, the Board or any other person using the railway shall be subject to and shall abide by all such directions with regard to the working of traffic or to the speed of trains over the railways as may be given from time to time by the Minister.

14. The Board shall, at its own expense, at all times under the superintendence and to the reasonable satisfaction of the County Council maintain and keep in good condition and repair so much of any road whereon the railways are laid as lies between the rails of the railways and in case of double lines the portion also of the road between the two lines of rails and in either case so much of the road as extends three feet beyond the rails of, and on each side of, the railways.

15. The Board, for the purpose of laying down, making, maintaining and renewing the railways or any part or parts thereof, respectively, may from time to time open and break up any road subject to the following regulations:

(a) the Board shall, not later than seven days before commencing to open or break up any road, give to the County Council notice of its intention to do so and such notice shall specify the time at which it is proposed to commence operations and the portion of the road proposed to be opened or broken up;

(b) the Board shall not open or break up any road, except under the superintendence and to the reasonable satisfaction of the County Council, unless the County Council refuses or neglects to give such superintendence at the time specified in the Board's notice or discontinues to give such superintendence at any time during the progress of the work;

(c) the Board shall pay all reasonable expenses to which the County Council is put on account of such superintendence.

16. When the Board has opened or broken up a road or any part thereof, the Board shall be under the following obligations:

(a) the Board shall, with all convenient speed and within three weeks at the most (unless the County Council otherwise consents in writing), complete the work on account of which it opened or broke up the road and (subject to the laying down, making, maintenance or renewal of the railway) fill in the ground level and make good the surface and, to the satisfaction of the County Council, restore the portion of the road to as good a condition as that in which it was before it was opened or broken up;

(b) the Board shall in the meantime cause the place where the road is opened or broken up to be fenced and watched and to be properly lighted at night and provide and maintain sufficient and proper means of passage and re-passage for all passenger, vehicular, animal and other public traffic along such road to the satisfaction of the County Council;

(c) the Board shall bear all reasonable expenses of the repair of those portions of such road so opened or broken up for six months after the road is restored, such expenses to be certified by the County Council whose certificate shall be conclusive.

17. During the execution of the works authorised by this order in connection with the laying down, making, maintaining, repairing or renewing of the railways, the Board shall make such arrangements in relation to the execution of such work to the satisfaction of the County Council as may be adequate to prevent the traffic along any road from being unnecessarily interfered with.

18. Notwithstanding anything contained in this Order, the Board shall not acquire or be deemed to acquire any right in respect of any road or lane whereon the railways may be laid, other than the right of user of such road or lane by the engines, motors, rolling stock, horses and servants of the Board or of any person working the railways on behalf of the Board and, save by the payment of expenses and execution of works as provided by this Order, the Board shall not be bound or liable to compensate the County Council or any person in respect of the acquisition of such right of user.

19. Where the railways are laid on any road, the Board shall at all times maintain and keep in good condition and repair and so as not to be a danger or annoyance to ordinary traffic the rails of which the railways for the time being consist and the substructure upon which the same rest.

20. The Board shall at all times indemnify and keep indemnified the County Council against all actions, proceedings, claims and demands, costs, damages and expenses which may be brought or made against the County Council or which the County Council may sustain or incur by reason of the wrongful acts or defaults of the Board or of any person having a contract with the Board or a subcontract with the contractor of the Board or of any person employed by the Board for or in the execution of the works.

21. The County Council on the one hand and the Board on the other hand may from time to time enter into and carry into effect and from time to time alter, renew or vary contracts, agreements or arrangements with respect to laying down, making, paving, metalling or keeping in repair any road and the railway thereon, or in respect of altering the levels of the whole or any portion of any road on which the Board is authorised to lay down the railways or in respect of any of the work to be performed under the provisions of the next following Article and the proportion to be paid by them or either of them of the expense of laying down, making, paving, metalling, keeping in repair or altering such railway or roads, or the levels thereof.

22. Nothing in this Order shall take away or abridge any power to open or break up any road across which the railways are laid or any other power vested in the County Council or in any person for the purpose of laying down, repairing, altering or removing any sewers, drains, mains or pipes for the supply of water, oil, petrol or gas, or any tubes, wires or apparatus for telegraphic, electrical or other purposes; but in the exercise of such power the County Council and every such person save the Minister for Posts and Telegraphs shall be subject to the following restrictions:

(a) they shall cause as little detriment or inconvenience to the Board as circumstances will permit;

(b) before they commence any such work whereby the traffic on the railways will be interrupted they shall (except in case of urgency, in which case no notice shall be necessary) give, not later than forty-eight hours before such commencement, to the Board notice of their intention to commence such work and specifying the time at which they will commence such work;

(c) they shall not be liable to pay to the Board any compensation for unavoidable injury done to the railway or for loss of traffic occasioned by the execution of such work or for the reasonable exercise of the power vested in them as aforesaid;

(d) the County Council or any such person shall not execute such work as far as it immediately affects the railways except under the superintendence of the Board's Engineer unless the Board refuses or neglects to give such superintendence at the time specified in the notice for the commencement of the work, and the County Council and every such person shall execute such work at their own expense and to the reasonable satisfaction of the Board's Engineer.

23. The Board shall be at liberty to enter into contracts, agreements or arrangements with any other person for the construction, working, use and maintenance on behalf of the Board and in accordance with this Order of the railways and bridges or any part or parts thereof or for the supply of rolling stock, necessary machinery and apparatus for the working and use of same but any such contract, agreement or arrangement (other than one with the Electricity Supply Board) for the working of the railways shall be subject to the approval of the Minister.

24. In case any dispute or difference shall arise between the County Council or any person or the engineer of any person and the Board as to the construction, working or maintenance of the railways or any part thereof, or the works connected with or incidental thereto or as to the execution of any works by the County Council or any person which shall affect or interfere with the railways or any part thereof or necessitate the stoppage of the traffic on the railways or any part thereof or as to the state of repair of the railways or any part thereof or as to any other matter or thing in relation to the construction and maintenance or working of the railways or any part thereof or the exercise of the powers conferred on the Board or the County Council or any person or with respect to any other subject or thing regulated by or comprised in this Order, the same shall be referred to the decision of an arbitrator to be appointed in writing by the parties or, if they cannot agree upon a single arbitrator, to the decision of two arbitrators, one to be appointed by each party, and, in the case of disagreement, to the decision of an umpire to be appointed by the two arbitrators and the decision of such arbitrator or arbitrators or umpire, as the case may be, shall be final and binding on both parties.

25. Nothing in this Order contained shall authorise any interference with any telegraphic line of the Minister for Posts and Telegraphs as defined by the Telegraph Acts, 1863 to 1953, or other property of the Minister for Posts and Telegraphs or any of the rights of the Minister for Posts and Telegraphs under the said Acts.

26. Nothing in this Order contained shall authorise the Board to interfere with any of the electric wires or works of the Electricity Supply Board, except with the consent of the Minister and subject to such terms and conditions as the Minister, after consultation with the Electricity Supply Board, thinks proper.

27. Nothing in this Order contained shall affect any property, real or personal, vested in the State or in any Minister thereof, or be construed to restrict or prejudice the rights of the State or any right, power, privilege or duty vested by law in any Minister or any officer of the State and in particular any powers of erecting, constructing, altering or extending any works on any such property as aforesaid shall not be construed to confer on the Board any right of entry into or any estate or interest in any such property, but this Article shall not operate to prevent the exercise in accordance with this Order by the Board of such powers if and when such right of entry as aforesaid has been duly obtained according to law by the Board.

28. Any expenses incurred by the Minister in the exercise of his powers and functions under this Order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the Board.

29. Nothing in this Order contained shall exempt the Board from the provisions of any General Act relating to railways and such provisions shall have effect to the extent to which they are not inconsistent with the provisions of this Order.

GIVEN under the Official Seal of the Minister for Transport and

Power this 20th day of November, 1967.

PATRICK J. LALOR.

A person authorised under section 15 (1) of the Ministers and Secretaries Act, 1924 , to authenticate the seal of the said Minister.

EXPLANATORY NOTE.

The purpose of this Order is to authorise Bord na Móna to construct, maintain and operate three railway lines and two bridges to connect its Blackwater--Garryduff Bogs for milled peat production.