Transport Act, 1963 (Railway Works) Order, 1968.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Short title.
num: 2
paragraphs: Definitions.
num: 3
paragraphs: Deposit of plan and book of reference.
num: 4
paragraphs: Compulsory acquisition of land.
num: 5
paragraphs: Compensation.
num: 6
paragraphs: Application of the Lands Clauses Acts.
num: 7
paragraphs: Power to make railway and other works.
num: 8
paragraphs: Period for completion of railway.
num: 9
paragraphs: Gauge.
num: 10
paragraphs: Motive power.
num: 11
paragraphs: User of railway.
num: 12
paragraphs: Opening of railway.
num: 13
paragraphs: Application of Railways Clauses Consolidation Act, 1845.
num: 14
paragraphs: Construction of the railway across roads.
num: 15
paragraphs: Regulation of working of railway across roads.
num: 16
paragraphs: Level crossings.
num: 17
paragraphs: Repair by Board of roads across which railway is laid.
num: 18
paragraphs: Power of Board to open and break up roads.
num: 19
paragraphs: Restoration of roads opened or broken up by the Board.
num: 20
paragraphs: Non-interference with traffic along roads.
num: 21
paragraphs: Restrictions on rights of the Board as regards roads.
num: 22
paragraphs: Maintenance of the railway across roads.
num: 23
paragraphs: Indemnity of the County Council by the Board.
num: 24
paragraphs: Agreement between the Board and the County Council.
num: 25
paragraphs: Interference with the roads in the course of executing the works.
num: 26
paragraphs: Rights of County Council and other persons to open roads.
num: 27
paragraphs: Disputes with County Council.
num: 28
paragraphs: Interference with private roads in the course of executing the works.
num: 29
paragraphs: Power of entry on land before conveyance or payment.
num: 30
paragraphs: Redemption of annuities and other periodical payments.
num: 31
paragraphs: Protection of telegraphic lines.
num: 32
paragraphs: Protection of Electricity Supply Board.
num: 33
paragraphs: Protection of State property.
num: 34
paragraphs: Expenses of the Minister.
num: 35
paragraphs: Saving for General Acts relating to railways.
S.I. No. 252 of 1968.
TRANSPORT ACT, 1963 (RAILWAY WORKS) ORDER, 1968.
I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 6 of the Transport Act, 1963 (No. 17 of 1963), being of opinion, after consideration of an application by CÃ³ras Iompair Ãireann for a railway works order, after consultation with the Minister for Local Government and after due compliance by CÃ³ras Iompair Ãireann with section 3 of that Act, that the said application should be granted, hereby order as follows:
1 Short title.
num: 1
paragraphs: This Order may be cited as the Transport Act, 1963 (Railway Works) Order, 1968.
2 Definitions.
num: 2
paragraphs: In this Order—
"the Board" means CÃ³ras Iompair Ãireann;
" the Minister" means the Minister for Transport and Power;
"the townlands" means the following townlands in the barony of Decies-without-Drum and county of Waterford, viz. the townlands of Garrynageragh East, Tallacoolbeg and Ballynacourty all in the parish of Dungarvan, the townland of Tallacoolmore in the parish of Kilgobnet and the townland of Kilgrovan in the parish of Clonea;
"the works" means the works authorised by this Order;
"the County Council" means the council of the county of Waterford;
"the County Registrar" means the County Registrar for the county of Waterford;
"road", except when used in the expression "private road", means any public road and includes any bridge, pipe, arch, gulley, 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 railway" means the railway authorised by this Order;
"mechanical power" means electrical and any other motive power not being animal power;
"the plan" and "the book of reference" mean, respectively, the plan and the book of reference to the plan which accompanied the application for this Order;
"the deposited plan" and "the deposited book of reference" mean, respectively, the copy of the plan and the copy of the book of reference deposited with the County Registrar as hereinafter provided.
3 Deposit of plan and book of reference.
num: 3
paragraphs: The Board shall deposit with the County Registrar as soon as possible after the making of this Order true copies of the plan and the book of reference and shall publish notice of such deposit in such newspaper or newspapers as the Minister shall direct.
4 Compulsory acquisition of land.
num: 4
paragraphs: (1) The Board is hereby authorised to acquire compulsorily the land situate within the limits of deviation shown on the deposited plan for the purpose of the construction, maintenance and operation of the works.
(2) The Board shall, as soon as practicable after the making of the deposit required by Article 3 of this Order, send a notice by prepaid ordinary post to each person having or reputed to have an estate or interest in any of the lands proposed to be acquired so far as the names and present addresses of such persons are known to the Board, setting out the situation and area of the lands proposed to be acquired in which such person is, or is reputed to be, interested, together with a sketch or plan of such lands annexed thereto.
5 Compensation.
num: 5
paragraphs: (1) Compensation shall be paid by the Board to the several persons having estates or interests in the lands compulsorily acquired by it hereunder.
(2) Any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
(3) Upon the appointment of an arbitrator to determine any question of disputed compensation in accordance with this Article, the Board shall cause to be published on two separate days in a daily newspaper circulating in Ireland a notice stating that such arbitrator has been appointed.
6 Application of the Lands Clauses Acts.
num: 6
paragraphs: The Lands Clauses Acts as amended by the Housing of the Working Classes Act, 1890 in the Second Schedule thereto shall be incorporated with this Order subject to the following modifications :—
(a) for the purposes of the Lands Clauses Acts, the Board shall be deemed to be the promoter and this Order shall be deemed to be the Special Act;