Transport Act, 1963 (Railway Works) Order, 1994.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as the Transport Act, 1963 (Railway Works) Order, 1994.
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paragraphs: In this Order—
"the Board" means CÃ³ras Iompair Ãireann;
"the Company" means IarnrÃ³d Ãireann/Irish Rail;
"the County Council" means the council of the county of Kilkenny;
"the County Registrar" means the County Registrar for the county of Kilkenny;
"the deposited plans" and "the deposited book of reference" mean respectively the copy of the plans and the copy of the book of reference deposited with the County Registrar as herein provided;
"mechanical power" means electrical and any other mode of power not being animal power;
"the Minister" means the Minister for Transport, Energy and Communications;
"the plans" and "the book of reference" mean respectively the plans and book of reference to the plans (as amended by the Minister) which accompanied the application for this Order;
"the railway" means the railway authorised by this Order;
"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 town lands" means the townlands Highrath, Lavistown and Maddockstown all in the barony of Gowran and county of Kilkenny;
"the works" means the works authorised by this Order;
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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 by the Company of the works.
(2) The Board is hereby granted the right to use the land marked "site access" and shaded in yellow on the deposited plan for the purpose of the conveyance of plant, equipment, machinery, vehicles, men and materials to and from the site of the works and may carry out such works to that land as are necessary or expedient in order to render it suitable for the said purpose and may store and work plant, equipment, machinery and vehicles on the land and store materials thereon.
(3) The Board shall, as soon as practicable, after the making 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 or in respect of which rights are granted under paragraph (2), as the case may be, 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 or in respect of which rights are granted under paragraph (2), as the case may be, in which such person is or is reputed to be interested together with a sketch or plan of such lands which shall be annexed thereto.
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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) Compensation shall be paid by the Board to the several persons having estates or interests in the lands in respect of which rights are granted under Article 3 (2).
(3) Any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.
(4) 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 the State a notice stating that such arbitrator has been appointed.
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paragraphs: The Lands Clauses Acts, as amended by the Second Schedule to the Housing of the Working Classes Act, 1890 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 promoters of the undertaking and this Order shall be deemed to be the special Act;