{"id":19482,"date":"2022-10-16T15:27:48","date_gmt":"2022-10-16T15:27:48","guid":{"rendered":"https:\/\/legalblog.ie\/?p=19482"},"modified":"2024-05-04T08:36:30","modified_gmt":"2024-05-04T08:36:30","slug":"road-management","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/road-management\/","title":{"rendered":"Road Management"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/road-management\/#Drains_Water\" title=\"Drains &amp; Water\">Drains &amp; Water<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/road-management\/#Flooding_Landslide_Hazards\" title=\"Flooding Landslide Hazards\">Flooding Landslide Hazards<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/road-management\/#Water_Drainage\" title=\"Water &amp; Drainage\">Water &amp; Drainage<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/road-management\/#Interference_with_or_Damage\" title=\"Interference with or Damage\">Interference with or Damage<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/road-management\/#Authority_Powers\" title=\"Authority Powers\">Authority Powers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/road-management\/#Extinguishing_Right_of_Way\" title=\"Extinguishing Right of Way\">Extinguishing Right of Way<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/road-management\/#Road_Race\" title=\"Road Race\">Road Race<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Public_Health_Acts_Amendment_Act_1890\" title=\"Public Health Acts Amendment Act 1890\">Public Health Acts Amendment Act 1890<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#3_Adoption_of_Act_by_local_authorities\" title=\"3. Adoption of Act by local authorities\">3. Adoption of Act by local authorities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#4_Expenses_of_local_authority\" title=\"4. Expenses of local authority\">4. Expenses of local authority<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#5_Power_to_Local_Government_Board_to_extend_Act_to_rural_districts\" title=\"5. Power to Local Government Board to extend Act to rural districts\">5. Power to Local Government Board to extend Act to rural districts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#6_Legal_proceedings_c\" title=\"6. Legal proceedings, &amp;c.\">6. Legal proceedings, &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#7_Appeals_to_quarter_sessions\" title=\"7. Appeals to quarter sessions\">7. Appeals to quarter sessions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#9_Byelaws\" title=\"9. Byelaws\">9. Byelaws<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#12_Application_of_Act_to_Ireland\" title=\"12. Application of Act to Ireland\">12. Application of Act to Ireland<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#21_Sanitary_conveniences_used_in_common\" title=\"21. Sanitary conveniences used in common\">21. Sanitary conveniences used in common<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#34_Hoards_to_be_set_up_during_progress_of_buildings_c\" title=\"34. Hoards to be set up during progress of buildings, &amp;c.\">34. Hoards to be set up during progress of buildings, &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#35_As_to_repair_of_cellars_under_streets\" title=\"35. As to repair of cellars under streets\">35. As to repair of cellars under streets<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#36_Means_of_ingress_to_and_egress_from_places_of_public_resort\" title=\"36. Means of ingress to and egress from places of public resort\">36. Means of ingress to and egress from places of public resort<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#37_Safety_of_platforms_c_erected_or_used_on_public_occasions\" title=\"37. Safety of platforms, &amp;c. erected or used on public occasions\">37. Safety of platforms, &amp;c. erected or used on public occasions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#41_Adoption_of_private_streets\" title=\"41. Adoption of private streets\">41. Adoption of private streets<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#50_Application_of_Act_in_rural_districts\" title=\"50. Application of Act in rural districts\">50. Application of Act in rural districts<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Public_Health_Acts_Amendment_Act_1907\" title=\"\nPublic Health Acts Amendment Act 1907\">\nPublic Health Acts Amendment Act 1907<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#3_Applications_of_Parts_or_section_of_Act\" title=\"3. Applications of Parts or section of Act\">3. Applications of Parts or section of Act<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#5_Enquiries_by_Local_Government_Board\" title=\"5. Enquiries by Local Government Board\">5. Enquiries by Local Government Board<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#6_Legal_proceedings_c-2\" title=\"6. Legal proceedings, &amp;c.\">6. Legal proceedings, &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#7_Appeals_to_quarter_sessions_c\" title=\"7. Appeals to quarter sessions, &amp;c.\">7. Appeals to quarter sessions, &amp;c.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#9_Byelaws-2\" title=\"9. Byelaws\">9. Byelaws<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#10_Compensation_how_determined\" title=\"10. Compensation, how determined\">10. Compensation, how determined<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#11_Powers_of_Act_cumulative\" title=\"11. Powers of Act cumulative\">11. Powers of Act cumulative<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#12_Crown_rights\" title=\"12. Crown rights\">12. Crown rights<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#13_Interpretation\" title=\"13. Interpretation\">13. Interpretation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#14_Application_of_Act_to_Ireland\" title=\"14. Application of Act to Ireland\">14. Application of Act to Ireland<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#20_Recovery_of_damages_caused_to_footways_by_excavations\" title=\"20. Recovery of damages caused to footways by excavations\">20. Recovery of damages caused to footways by excavations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#30_Dangerous_places_to_be_repaired_or_enclosed\" title=\"30. Dangerous places to be repaired or enclosed\">30. Dangerous places to be repaired or enclosed<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#31_Fencing_lands_adjoining_streets\" title=\"31. Fencing lands adjoining streets\">31. Fencing lands adjoining streets<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#32_Hoards_to_be_securely_erected\" title=\"32. Hoards to be securely erected\">32. Hoards to be securely erected<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#35_As_to_nuisances\" title=\"35. As to nuisances\">35. As to nuisances<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#37_Water_or_stack_pipes_not_to_be_used_as_ventilating_shafts\" title=\"37. Water or stack pipes not to be used as ventilating shafts\">37. Water or stack pipes not to be used as ventilating shafts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#51_Power_to_declare_a_business_to_be_an_offensive_business\" title=\"51. Power to declare a business to be an offensive business\">51. Power to declare a business to be an offensive business<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#79_Dangerous_riding_and_driving\" title=\"79. Dangerous riding and driving\">79. Dangerous riding and driving<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#81_Extending_definition_of_public_place_and_street_for_certain_purposes\" title=\"81. Extending definition of public place and street for certain purposes\">81. Extending definition of public place and street for certain purposes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#83_Byelaws_as_to_promenades\" title=\"83. Byelaws as to promenades\">83. Byelaws as to promenades<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Part_X_Miscellaneous\" title=\"Part X Miscellaneous\">Part X Miscellaneous<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#ROADS_ACT\" title=\"ROADS ACT\">ROADS ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Road_users_duty_of_care\" title=\"Road users&#8217; duty of care.\">Road users&#8217; duty of care.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Cycleways\" title=\"Cycleways.\">Cycleways.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Extinguishment_of_public_rights_of_way\" title=\"Extinguishment of public rights of way.\">Extinguishment of public rights of way.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Road_races\" title=\"Road races.\">Road races.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Temporary_closing_of_roads\" title=\"Temporary closing of roads.\">Temporary closing of roads.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Drainage_etc\" title=\"Drainage, etc.\">Drainage, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Powers_of_inspection\" title=\"Powers of inspection.\">Powers of inspection.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Service_of_notices\" title=\"Service of notices.\">Service of notices.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Offence_of_obstruction\" title=\"Offence of obstruction.\">Offence of obstruction.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Prosecution_and_penalties\" title=\"Prosecution and penalties.\">Prosecution and penalties.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Grants_to_road_authorities\" title=\"Grants to road authorities.\">Grants to road authorities.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Administration_of_grants_to_road_authorities\" title=\"Administration of grants to road authorities\">Administration of grants to road authorities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Disposal_of_proceeds_of_sale\" title=\"Disposal of proceeds of sale.\">Disposal of proceeds of sale.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Expenses_of_Minister\" title=\"Expenses of Minister.\">Expenses of Minister.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#LOCAL_GOVERNMENT_ACT_2001\" title=\"LOCAL GOVERNMENT ACT 2001\">LOCAL GOVERNMENT ACT 2001<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Non-Public_Roads_%E2%80%94_Local_Improvement_Schemes\" title=\"Non-Public Roads \u2014 Local Improvement Schemes\">Non-Public Roads \u2014 Local Improvement Schemes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/road-management\/2\/#Assistance_towards_non-public_roads\" title=\"Assistance towards non-public roads.\">Assistance towards non-public roads.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Drains_Water\"><\/span>Drains &amp; Water<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A road authority may construct and maintain drains under or through land for the purpose of draining water from or preventing water from flowing onto a public road.\u00a0 It may use any land for temporary storage or preparation of gravel, stone, earth and other material required for the construction and maintenance of a public road.<\/p>\n<p>Before entering lands to perform the functions above, the road authority shall give at least one month\u2019s notice to the occupier and\/or owner, stating the purpose it proposes to enter the land for, specifying the functions it proposes to perform, requesting objections and representations if any and informing him of a right to apply for compensation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Flooding_Landslide_Hazards\"><\/span>Flooding Landslide Hazards<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where as a result of flooding, landslide, subsidence or other emergency, there is an immediate and serious hazard to persons using a public road or serious damage has been or will be done to it, a road authority may take immediate action to remove or reduce the hazard or prevent or reduce the damage.\u00a0 It may enter land and carry out works for this purpose.\u00a0 An owner who suffers loss and damage as a consequence of the exercise of the function shall be entitled to compensation.<\/p>\n<p>However, in assessing compensation, regard shall be had, not only to any existing damage caused by the water draining from an existing public road but to additional damage resulting from the exercise of the road authority&#8217;s function.\u00a0 The claim for compensation shall be made not later than six months after the date on which the activity, in respect of which the claim was completed, was made.\u00a0 It shall be determined by arbitration under the Lands Clauses Act.<\/p>\n<p>The owner or occupier of any land adjacent to a public road shall take reasonable steps to ensure that:<\/p>\n<ul>\n<li>water is not prevented, obstructed or impeded from draining into, onto, under or through his land from a public road,<\/li>\n<li>water, soil or other material is prevented from flowing or falling onto a public road from his land.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Water_Drainage\"><\/span>Water &amp; Drainage<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A road authority may serve a notice in writing on the owner or occupier of land adjacent to the public road requiring him to do specified works and take specified measures to ensure that water is not prevented, obstructed or impeded from draining to or from the road and to prevent water, soil or other material from flowing onto the road.<\/p>\n<p>A person on whom a notice is served may appeal to the District Court within 14 days on the basis that<\/p>\n<ul>\n<li>he is not the owner or occupier of land, the circumstances is not recurring,<\/li>\n<li>compliance with<\/li>\n<li>the requirements will involve unreasonable expenses or<\/li>\n<li>an unreasonably short period is given.<\/li>\n<\/ul>\n<p>The Court may confirm the notice, confirm it with conditions or annul the notice.<\/p>\n<p>Where water obstructs or impedes a public road or water, soil or material flowing or falling onto a public road from any other land, presents an immediate and serious hazard to persons using a public road or has or is causing or will cause serious damage to a public road, the road authority may notwithstanding the above, take immediate action to remove or reduce the hazard.\u00a0 Where the road authority takes action, it may recover the reasonable costs incurred by it from the owner or occupier as a simple contract debt.<\/p>\n<p>A person who, without the consent of a road authority within 15 meters of a public road measured from its nearest edge, scours, deepens, widens or fills in any existing drain or excavates any new drain or interferes with or carries out any works which interfere with, a bridge, culvert, retaining wall, embankment or other structure providing lateral or other support for a public road, is guilty of an offence.<\/p>\n<p>Consent may be given by the road authority subject to such conditions, restrictions and requirements as it thinks fit.\u00a0 Non-compliance with the consent is an offence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Interference_with_or_Damage\"><\/span>Interference with or Damage<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who obstructs, impedes or otherwise interferes with a public right of way or destroys or damages it shall guilty of an offence. It is the function of a local authority to protect the right of the public to use public rights of way in its administrative area.<\/p>\n<p>Where a road authority considers that the carrying out, with or without consent, of an activity above has damaged or will damage a public road, it may serve a notice in writing on the person carrying out the activity or the owner or occupier of the land, requiring that the activity cease forthwith.\u00a0 Failure to comply is an offence.<\/p>\n<p>A road authority may repair any damage and take measures to prevent or reduce any damage relating to an activity above and may, where it has not given its consent, recover from the person carrying out the activity or the owner or occupier of the land, as a simple contract debt, any costs reasonably incurred by it.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Authority_Powers\"><\/span>Authority Powers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Roads authority proposing to enter on land above, must serve a notice on the owner or occupier, stating it proposes to enter. An authorised officer of the Minister, the Authority or a road authority is entitled at all reasonable times to enter and inspect lands or things on the land for the purpose of any legislation, including the Roads Act, relating to the construction and maintenance of public roads or for any purpose incidental to it.<\/p>\n<p>He shall be entitled in the performance of his functions to take with him persons and equipment as he considers necessary to assist in carrying out surveys, examinations, excavations, borings or tests, and take samples as he considers necessary. Where a person or authorised officer is refused entry, the Minister, Authority or road authority may apply to the District Court for an order authorising entry.<\/p>\n<p>If, on a claim made to the Minister or Authority or road authority, it is shown that as a result of the exercise of these functions, a person has suffered damage, that person shall be entitled to compensation in respect of the damage from the relevant authority.\u00a0 A claim must be made within six months after the damage is suffered, or such longer period as the court considers just where there are reasonable grounds for requiring a longer period and that it will be just and reasonable to extend the period.<\/p>\n<p>When the Minister is satisfied in relation to a notice required to be served under the Act that there are reasonable grounds for dispensing with the service of notice and the dispensing with service of the notice will not cause injury or damage, he may dispense with the service of the notice.<\/p>\n<p>A person who obstructs, impedes, or assists a person in obstructing or impeding the authority in the performance of its function is guilty of an offence. Most offences under the Act are subject to summary conviction to a fine up to \u20ac5,000 or, on indictment, a fine up to \u20ac250,000.<\/p>\n<p>There is a provision for the commission of offences by corporate bodies.\u00a0 Directors, managers, and secretaries of such bodies that consent to or connive with \u00a0or whose neglect is attributable to the criminal liability may also be convicted themselves.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Extinguishing_Right_of_Way\"><\/span>Extinguishing Right of Way<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a local authority proposes to extinguish a public right of way, it must follow a procedure in the Roads Act.\u00a0 It must publish notice of the proposal showing a place where a map may be inspected, stating that objections and representations may be made to the local authority within a period of not less than two weeks. \u00a0A copy of the notice must be affixed on a prominent position at each end of the public right of way proposed to be extinguished for a period of at least 14 days.<\/p>\n<p>The authority must consider objections and representations made.\u00a0 If it is considered appropriate, it must afford persons making objections or representations, if they so request, to state their case at an oral hearing conducted by a person appointed by it.<\/p>\n<p>A local authority having considered the report order may order the right of way to be extinguished.\u00a0 A right of way relating to a national road or regional road shall not be extinguished without the consent of the Minister. When a public right of way is extinguished, the road authority is no longer responsible for the maintenance of the road.<\/p>\n<p>The local authority, without prejudice to any existing private right of way, shall ensure the carrying out of works necessary to effect the extinguishment of a public right of way, for the safety of road users arising from the extinguishment and to ensure insofar as reasonably practicable that the land over which the public right of way has been extinguished does not become an eyesore.A notice of extinguishment is to be published in a newspaper in which the original notice was published.<\/p>\n<p>The consideration of objections and representations and the report and recommendations of persons appointed and the making of the order are reserved functions.<\/p>\n<p>Where a right of way is extinguished to facilitate the development of land, the authority is entitled to recover from the person developing the land, a reasonable proportion of the costs.\u00a0 It may, by a notice in writing, require the developer to carry out such works as it considers necessary equivalent to those above in the context of the extinguishment.\u00a0 Where the works are not done, the local authority may undertake the work and recover the cost.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Road_Race\"><\/span>Road Race<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who intends to hold, organise or promote a road race shall give at least one month&#8217;s notice in writing to the Superintendent of the Garda S\u00edoch\u00e1na for the relevant district. A road authority may by notice served on a person who intends to hold, organise or promote a road race or where the name of that person cannot be ascertained by reasonable inquiry, by notice published in one or more newspapers circulating in the area, may prohibit the holding of the road race, prohibit the holding of the race unless specified conditions, restrictions and requirements are complied with, impose specified conditions, restrictions or requirements in relation to the race which must be complied with.\u00a0 They may include the giving of security or provision of an indemnity.\u00a0 A breach of the above obligations is an offence.<\/p>\n<p>The road authority may recover from the person who organises or promotes a road race, as a debt, any costs reasonably incurred in facilitating the holding of the race or repairing damage or removing defacement from the public road arising from the holding of the race.\u00a0 The Minister may make regulations for these purposes.\u00a0 In particular, requirements may be made in relation to giving of security and the making in consideration of objections.<\/p>\n<p>A road authority may, by order for the purpose of facilitating a road race or other event, facilitating works or any other purpose, close a public road to traffic for such period and subject to such conditions as may be specified as it thinks fit.\u00a0 Use of the public road in contravention of an order is an offence unless authorised in writing by the road authority.<\/p>\n<p>A person who obstructs or interferes with the holding of a road race or other event or carrying out of works shall be guilty of an offence.\u00a0 A person who organises or promotes a road race or other event or who carries out works or other activity in respect of which an order is in force is guilty of an offence if he contravenes any conditions specified in the order.<\/p>\n<p>A road authority may recover from a person who holds, organises a road event or who carries out works or any other activity in respect of which an order above is in force, as a contract debt, costs reasonably incurred by it in facilitating the race or event and repairing damage or removing the defacement from the public arising from the race or event.\u00a0 The Minister may make conditions in relation to the operation of the above provisions.<\/p>\n<p><!--nextpage--><\/p>\n<h2>Public Health Acts Amendment Act 1890<\/h2>\n<p>An Act to amend the Public Health Acts<br \/>\n[18th August, 1890]<br \/>\nBe it enacted by the Queen&#8217;s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, as follows<br \/>\nPart I General.<\/p>\n<p>1. Division of Act into parts<br \/>\nThis Act is divided into parts as follows:<br \/>\nPart I. &#8211; General.<\/p>\n<p>Part II. &#8211; Telegraph, &amp;c. wires.<\/p>\n<p>Part III. &#8211; Sanitary and other provisions.<\/p>\n<p>Part IV. &#8211; Music and dancing<\/p>\n<p>Part V. &#8211; Stock.<\/p>\n<p>2. Short title, construction and extent of Act<br \/>\n(1) This Act shall be construed as one with the Public Short Health Acts.<\/p>\n<p>(2) Part One of this Act shall extend to England and Wales and Ireland, exclusive of the administrative county of London. Parts Two, Three, Four, and Five, shall extend to any district in which they are respectively adopted under the provisions of this Act.<\/p>\n<p>(3) This Act may be cited as the Public Health Acts Amendment Act, 1890, and this Act and the Public Health Acts may be cited together as the Public Health Acts.<\/p>\n<h4>3. Adoption of Act by local authorities<\/h4>\n<p>The following, provisions shall have effect with regard to the adoption of the parts of this Act, which are adoptive, by local authorities:<br \/>\n(1) An urban authority may adopt all or any of such parts.<\/p>\n<p>(2) A rural authority may adopt Part Three so far as it is declared by this Act to be applicable to such authority, without prejudice to the provisions of this Act relating to the investing of rural authorities with urban powers.<\/p>\n<p>(3) The adoption shall be, by a resolution passed at a meeting of the local authority: and one calendar month at least before such meeting Special notice of the meeting and of the intention to propose such resolution shall be given to every member of the authority, and the notice shall be deemed to have been duly given to a member of it, if it is either\u2014<br \/>\n(a) Given in the mode in which notices to attend meetings of the authority are usually given: or<\/p>\n<p>(b) Where there is no such mode, then signed by the clerk of the authority, and delivered to the member or left at his usual or last known place of abode in England, or forwarded by post in a prepaid letter, addressed to the member at his usual or last known place of abode in England.<\/p>\n<p>(4) Such resolution shall be published by advertisement in some one or more newspapers circulating within the district of the authority and by causing, notice thereof to be affixed to the principal doors of every church and chapel in the place to which notices are usually fixed, and otherwise in such manner as the authority think sufficient for giving notice thereof to all persons interested, and shall come into operation at such time not less than one month after the first publication of the advertisement of the resolution as the authority may by the resolution fix, and upon its coming into operation such parts of the Act as are adopted shall extend to that district.<\/p>\n<p>(5) A copy of the resolution shall be sent\u2014<br \/>\n(a) Where any part of the Act is adopted, to the Local Government Board;<\/p>\n<p>(b) Where Part Two is adopted, to the Board of Trade.<\/p>\n<p>(c) Where Part Four is adopted, to a Secretary of State.<\/p>\n<p>(6) A copy of the advertisement shall be conclusive evidence of the resolution having been passed, unless the contrary be shown; and no objection to the effect of the resolution, on the ground that notice of the intention to propose the same was not duly given or on the ground that the resolution was not sufficiently published, shall be made after three months from the date of the first publication of the advertisement.<\/p>\n<h4>4. Expenses of local authority<\/h4>\n<p>All expenses incurred or payable by a local authority in the execution of this Act, and not otherwise provided for, may be charged and defrayed in the case of an urban authority as part of the expenses incurred by them in the execution of the Public Health Acts, and in the case of a rural authority as part of their, general expenses under the Public Health Acts.<\/p>\n<h4>5. Power to Local Government Board to extend Act to rural districts<\/h4>\n<p>The Local Government Board may declare that any of the provision contained in any part of this Act which are not in force in any rural sanitary district shall be in force in that district, or any part thereof, and may invest a rural sanitary authority with any of the powers, rights, duties, capacities, liabilities, and obligations which an urban authority may acquire by adoption of any part of this Act, in like manner, and subject to the same provisions as they are enabled to invest rural sanitary authorities with the powers of urban sanitary authorities under the provisions of section two hundred and seventy-six of the Public Health Act, 1875, and in such case the date of the declaration of the Local Government Board under this section shall be substituted for the date of the adoption of this Act or any part thereof.<\/p>\n<h4>6. Legal proceedings, &amp;c.<\/h4>\n<p>Offences under this Act may be prosecuted, and penalties, forfeitures, costs, and expenses recovered in like manner and subject to the same provisions as offences which may be prosecuted and penalties, forfeitures, costs, and expenses which may be recovered in a summary manner under the Public Health Acts.<\/p>\n<h4>7. Appeals to quarter sessions<\/h4>\n<p>(1) Any person aggrieved\u2014<br \/>\n(a) By any order, judgment, determination, or requirement of a local authority under this Act;<\/p>\n<p>(b) By the withholding of any order, certificate, licence, consent, or approval, which may be made, granted, or given by a local authority under this Act;<\/p>\n<p>(c) By any conviction or order of a court of summary jurisdiction under any provision of this Act;<\/p>\n<p>may appeal in manner provided by the Summary Jurisdiction Acts to a court of quarter sessions.<\/p>\n<p>(2) This section shall not apply in cases where there is an appeal to the local Government Board under section two hundred and sixty-eight of the Public Health Act, 1875.<br \/>\n8. More than one sum in one summons, &amp;c.<br \/>\nAny information, complaint, warrant, or summons made or issued for the purposes of this Act, or of the Public Health Acts, may contain in the body thereof or in a schedule thereto several sums.<\/p>\n<h4>9. Byelaws<\/h4>\n<p>All the provisions with respect to byelaws contained in sections one hundred and eighty-two to one hundred and eighty-six of the Public Health Act, 1875, and any enactment amending or extending those sections, shall apply to all byelaws from time to time made by a local authority under the powers of this Act, except byelaws made under Part Two of this Act.<\/p>\n<p>10. Powers of Act cumulative<br \/>\n(1) All powers given to a local authority under this Act shall be deemed to be in addition to and not in derogation of any other powers conferred upon such local authority by any Act of Parliament, law, or custom, and such other powers may be exercised in the same manner as if this Act had not been passed.<\/p>\n<p>(2) Nothing in this Act shall exempt any person from any penalty to which he would have been liable if this Act had not been passed, provided that no person shall be liable to pay, except in the case of a daily penalty, more than one penalty in respect of the same offence.<br \/>\n11. Interpretation<br \/>\n(1.) The expression \u201cashpit\u201d in the Public Health Acts and in this Act shall for the purposes of the execution of those Acts and of this Act include any ashtub or other receptacle for the deposit of ashes, faecal matter, or refuse.<\/p>\n<p>(2) A street or part of a street which has been asphalted or paved with wood, tar paving, or artificial stone, or other improved paving of any kind shall be deemed to have been paved within the meaning of any provision of the Public Health Acts.<br \/>\nProvided that a street shall not be deemed to be paved to the satisfaction of an urban authority unless it is paved with such kind as well as with such quality of paving as the local authority shall consider suitable for the street.<\/p>\n<p>(3) In this Act if not inconsistent with the context-<br \/>\nThe expression \u201clocal authority\u201d means an urban sanitary authority or a, rural sanitary authority, as the case may, be, under the Public Health Acts, and the expressions \u201curban authority\u201d and \u201crural authority\u201d mean respectively an urban sanitary authority and a rural sanitary authority under those Acts.<\/p>\n<p>The expressions \u201curban sanitary district\u201d and \u201crural sanitary district\u201d mean respectively an urban sanitary district and a rural sanitary district under the Public Health Acts.<\/p>\n<p>The expression \u201csanitary convenience\u201d includes urinals, water closets, earth-closets, privies, ashpits, and any similar convenience.<\/p>\n<p>The expression \u201cdaily penalty\u201d means a penalty for each day on which any offence is continued after conviction therefor.<\/p>\n<p>The expressions \u201csurveyor\u201d, \u201clands,\u201d \u201cPremises\u201d, \u201cowner\u201d, \u201cstreet\u201d, \u201chouse\u201d, \u201cdrain\u201d, \u201csewer\u201d have respectively the same meaning as in the Public Health Acts<\/p>\n<h4>12. Application of Act to Ireland<\/h4>\n<p>In the application of this Act to Ireland the following modifications shall have effect:-<br \/>\n(1) Sections five and forty-one shall not apply to Ireland.<\/p>\n<p>(2) This Act shall be construed as one with the Public Health (Ireland) Act, 1878.<\/p>\n<p>(3) This Act and the Public Health (Ireland) Act, 1878, may be cited as the Public Health (Ireland) Acts.<\/p>\n<p>(4) A reference to a place of abode in England shall be construed to be a reference to a place of abode in Ireland.<\/p>\n<p>(5) The Local Government Board for Ireland shall be substituted for the Local Government Board<\/p>\n<p>(6) The Chief Secretary shall be substituted for the Secretary of State.<\/p>\n<p>(7) The expression \u201cthe Public Health Acts\u201d shall include the Public Health (Ireland) Act, 1878, and the said Act shall be substituted for the Public Health Act, 1875, and in particular references in this Act to sections thirty-eight, forty-one, eighty-four, one hundred and sixteen, one hundred and seventeen, one hundred and fifty-seven, one hundred and fifty-eight, one hundred and sixty-five, two hundred and twenty-nine, two hundred and thirty, two hundred and sixty-eight and three hundred and six of the Public Health Act, 1875, shall be respectively taken to be references to sections forty-eight, fifty-one, ninety-five, one hundred and thirty-two, one hundred and thirty-three, forty-one, forty-two, one hundred and two, two hundred and thirty-two, two hundred and thirty-three, two hundred and sixty-eight, and two hundred and seventy-two of the Public Health (Ireland) Act, 1878, and the references to sections one hundred and sixteen to one hundred nineteen, and, to sections one hundred and eighty-two to one hundred and eighty-six of the Public Health Act, 1875, shall be respectively taken to be references to sections one hundred and thirty-two to one hundred and thirty-five, and to sections two hundred and nineteen to two hundred and twenty-three of the Public Health (Ireland) Act, 1878.<\/p>\n<p>(8) In sub-section four of section fifty-one of this Act a notice to the clerk to the licensing justices and to the district inspector of the district in which the house, room, garden or place is situated, or in his absence to the head constable, or if in the Dublin Metropolitan Police District to the superintendent of police of such division, shall be substituted for the notice to the clerk of the licensing justices and to the chief officer of police in the said sub-section mentioned.<\/p>\n<p>(9) In section fifty-one of this Act as modified by this section the expression \u201cgeneral annual licensing meeting\u201d shall mean annual licensing quarter sessions and the expressions \u201clicensing justices,\u201d \u201cclerk to the licensing justices,\u201d \u201cspecial sessions,\u201d and all other expressions defined by the Licensing Acts (Ireland), 1872 to 1874, shall have the same meanings respectively as in the said Acts.<\/p>\n<p>(10) Sub-section two of section fifty-two of this Act shall be read and construed as if the words and figures \u201cof the Local Loans Act, 1875, and the Acts amending the same and,\u201d and also \u201cby the Metropolitan Board of Works, or the County Council of London, or,\u201d were omitted therefrom.<\/p>\n<p>(11) The Lord Lieutenant by order made by and with the advice of the Privy Council shall be substituted for Her Majesty by Order in Council.<\/p>\n<h4>21. Sanitary conveniences used in common<\/h4>\n<p>With respect to any sanitary convenience used in common by the occupiers of two or more separate dwelling-houses, or by other persons, the following provisions shall have effect:\u2014<br \/>\n(1) If any person injures or improperly fouls any such sanitary convenience, or anything used in connection therewith, he shall for every such offence be liable to a penalty not exceed ten shillings.<\/p>\n<p>(2) If any sanitary convenience or the approaches thereto, or the walls, floors, seats, or fittings thereof is or are in the opinion of the urban authority or of the inspector of nuisances or medical officer of health of such authority in such a state or condition as to be a nuisance or annoyance to any inhabitant of the district for want of the proper cleansing thereof, such of the persons having the use thereof in common as aforesaid as may be in default, or in the absence of proof satisfactory to the court as to which of the persons having the use thereof in common is in default, each of those persons, shall be liable to a penalty not exceeding ten shillings, and to a daily penalty not exceeding five shillings.<\/p>\n<h4>34. Hoards to be set up during progress of buildings, &amp;c.<\/h4>\n<p>(1) Every Person intending to build or take down any building, or to alter or repair the outward part of any building in any street or court, shall\u2014<br \/>\n(a) before beginning the same, unless the urban authority otherwise consent in writing, cause close-boarded hoards or fences to the satisfaction of the urban authority to be put up in order to separate the building from the street or court;<\/p>\n<p>(b) if the urban authority so require, make a convenient covered platform and handrail to serve as a footway for passengers, outside of such hoard or fence;<\/p>\n<p>(c) continue such hoard or fence with such platform and handrail as aforesaid standing and in good condition to the satisfaction of the urban authority during such time as they may require:<\/p>\n<p>(d) if required by the urban authority, cause the same to be sufficiently lighted during the night<\/p>\n<p>(e) remove the same when required by the urban authority:<\/p>\n<p>(2) Every person who fails to comply with any of the provisions of this section shall be liable to a penalty not exceeding five pounds and to a daily penalty not exceeding forty shillings.<\/p>\n<p>(3) Where this part of this Act is adopted the eightieth section of the Towns Improvement Clauses Act, 1847, shall be repealed, and this section shall be deemed to be substituted therefor.<\/p>\n<h4>35. As to repair of cellars under streets<\/h4>\n<p>(1) All vaults, arches, and cellars under any street, and all openings into such vaults, arches, or cellars in the surface of any street, and all cellar-heads, gratings, lights, and coal holes in the surface of any street, and all landings, flags, or stones of the path or street supporting the same respectively, shall be kept in good condition and repair by the owners or occupiers of the same, or of the houses or buildings to which the same respectively belong.<\/p>\n<p>(2.) Where any default is made in complying, with the provisions of this section, the urban authority may, after twenty-four hours notice in that behalf, cause anything in respect of which such default is made to be repaired or put into good condition, and the expenses of so doing shall be paid to the urban authority by such owner or occupier respectively, or in default may be recovered in a summary manner.<\/p>\n<h4>36. Means of ingress to and egress from places of public resort<\/h4>\n<p>(1.) Every building, which, after the adoption of this part of this Act in any urban district, is used as a place of public resort, shall, to the satisfaction of the urban authority, be substantially constructed and supplied with ample, safe, and convenient means of ingress and egress for the use of the public, regard being had to the purposes for which such building is intended to be used, and to the number of persons likely to be assembled at any one time therein.<\/p>\n<p>(2) The means of ingress and egress shall during the whole time that such building is used as a place of public resort be kept free and unobstructed to such extent as the urban authority shall require.<\/p>\n<p>(3) An officer authorised in writing by the urban authority, and producing his authority if so required, may at all reasonable times enter any such building to see that the provisions of this section are carried into effect.<\/p>\n<p>(4) Any person who being the occupier or manager, or in the case of a building let for any period less than one year the owner of any building used as aforesaid, uses the same or suffers the same to be used in contravention of this section, or fails to comply with the provisions of this section in respect thereof, shall for every such offence be liable to a penalty not exceeding twenty pounds.<\/p>\n<p>(5) Where any alteration in the building is required in order to give proper means of ingress or egress, the court may refuse to inflict a penalty for an offence under this section until a reasonable time has been allowed for making such alteration, but the court may make such order is they think fit for the closing, or otherwise, of the building during such time.<\/p>\n<p>(6) For the purposes of this section the expression \u201cplace of public resort\u201d means a building used or constructed or adapted to be used either ordinarily or occasionally as a church, chapel, or other place of public worship (not being merely a dwelling-house so used), or as a theatre, public hall, public concert-room, public ball-room, public lecture-room, or public exhibition room, or as a public place of assembly for persons admitted thereto by tickets or by payment, or used, or constructed, or adapted to be used, either ordinarily or occasionally for any other public purpose, but shall not include a private dwelling-house used occasionally or exceptionally for any of those purposes.<br \/>\nProvided that this section shall not extend to any building used as a church or chapel or other place of public worship before or at the time of the adoption of this part of this Act.<\/p>\n<h4>37. Safety of platforms, &amp;c. erected or used on public occasions<\/h4>\n<p>(1) Whenever large numbers of persons are likely to assemble on the occasion of any show, entertainment, public procession, open-air meeting, or other like occasion, every roof of a building, and every platform, balcony, or other structure or part thereof let or used or intended to be let or used for the purpose of affording sitting or standing accommodation for a number of persons, shall be safely constructed or secured to the satisfaction of the surveyor of the urban authority.<\/p>\n<p>(2) Any person who uses or allows to be used in contravention of this section, any roof of a building, platform, balcony, or structure not so safely constructed or secured, or who neglects to comply with the provisions of this section in respect thereof, shall be liable to a penalty not exceeding fifty pounds.<\/p>\n<h4>41. Adoption of private streets<\/h4>\n<p>Where this part of this Act is adopted, section one hundred and fifty-two of the Public Health Act, 1875, shall be repealed, and the following provisions shall be substituted in lieu thereof:<br \/>\n(1) Whenever all or any of the works mentioned in section one hundred and fifty of the Public Health Act, 1875, have been executed in a street or part of a street under that section by an Urban authority, and the urban authority are of opinion that such street or part of a street ought to become a highway repairable by the inhabitants at large, they may by notice to be fixed up in such street or part of a street declare the whole of such street or part of a street to be a highway repairable by the inhabitants at large, and thereupon such street or part of a street as defined in the notice shall become a highway repairable by the inhabitants at large.<\/p>\n<p>(2.) Provided that no such street shall become a highway so repairable if within one month after such notice has been put up the owner or the majority in number or value of owners of such street by notice in writing to the urban authority object thereto, and in ascertaining such majority joint owners shall be reckoned as one owner.<\/p>\n<h4>50. Application of Act in rural districts<\/h4>\n<p>The following provisions of this part of this Act shall be applicable in rural sanitary districts, namely,\u2014<br \/>\nSection sixteen, relating to injurious matter being passed into sewers.<\/p>\n<p>Section seventeen, relating to the turning, of chemical refuse, steam, &amp;-c. into sewers.<\/p>\n<p>Section eighteen, relating to local authorities making communication with drains, &amp;c.<\/p>\n<p>Section nineteen, relating to the extension of section forty-one of the Public Health Act, 1875.<\/p>\n<p>Section twenty-one, relating to sanitary conveniences used in common.<\/p>\n<p>So much of section twenty-three, relating to the extension of section one hundred and fifty-seven of the Public Health Act, 1875 as applies to rural authorities.<\/p>\n<p>Section twenty-five, relating to the penalty for erecting buildings on ground filled up with offensive matter.<\/p>\n<p>Sub-section (2) of section twenty-six, relating to the power to make byelaws for certain sanitary purposes.<\/p>\n<p>Section twenty-eight, relating to the extension of sections one hundred and sixteen to one hundred and nineteen inclusive of the Public Health Act, 1875.<\/p>\n<p>Section thirty-two, relating to the extension of section eighty-four of the Public Health Act, 1875.<\/p>\n<p>Section thirty-three, relating to the use of buildings described in deposited plans otherwise than dwelling-houses.<\/p>\n<p>Section forty-seven, relating, to the restriction on throwing cinders, &amp;c. into streams.<\/p>\n<p>Section forty-eight, relating to the extension of section three hundred and six of the Public Health Act, 1875.<\/p>\n<p>Section forty-nine, relating to the powers of the Local Government Board to determine expenses of rural authorities to be special expenses.<\/p>\n<h2>\nPublic Health Acts Amendment Act 1907<\/h2>\n<p>Public Health Acts Amendment Act 1907<\/p>\n<p>An Act to amend the Public Health Acts.<br \/>\n[28th August 1907.]<br \/>\nBE it enacted by the King&#8217;s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:<br \/>\nPart I General<br \/>\n1. Division of Act into Parts<br \/>\nThis Act is divided into Parts as follows:\u2014<br \/>\nPart I.\u2014General.<\/p>\n<p>Part II.\u2014Streets and buildings.<\/p>\n<p>Part III.\u2014Sanitary provisions.<\/p>\n<p>Part IV.\u2014Infectious diseases.<\/p>\n<p>Part V.\u2014Common lodging-houses.<\/p>\n<p>Part VI.\u2014Recreation grounds.<\/p>\n<p>Part VII.\u2014Police.<\/p>\n<p>Part VIII.\u2014Fire brigade.<\/p>\n<p>Part IX.\u2014Sky signs.<\/p>\n<p>Part X.\u2014Miscellaneous.<\/p>\n<p>2. Short title, construction and extent of Act<\/p>\n<p>(1) This Act shall be construed as one with the Public Health Acts.<\/p>\n<p>(2) Part I of this Act shall extend to England and Wales and Ireland exclusive of the administrative County of London, and all or any of the remaining Parts or all or any of the sections thereof shall extend to any district to which all or any of those Parts or sections are applied by an Order of the Local Government Board or of the secretary of State as the case may be.<\/p>\n<p>(3) This Act may be cited as the Public Health Acts Amendment Act, 1907, and this Act and the Public Health Acts may together be cited as the Public Health Acts, 1875 to 1907.<\/p>\n<p>(4) Any byelaws made under any enactment for which any provisions of this Act are substituted shall remain in force as if the byelaws had been made under the corresponding provisions of this Act.<\/p>\n<p>(5) This Act shall come into operation on the first day of January one thousand nine hundred and eight.<\/p>\n<h4>3. Applications of Parts or section of Act<\/h4>\n<p>(1) The Local Government Board may, on the application of a local authority, by Order to be published in such manner, as the Local Government Board direct, declare any Part or any section of this Act to be in force in the district of the local authority, or, where the local authority are a rural district council, in any contributory place within the district of the local authority, and may declare any enactments in any local Act, which appear to the Local Government Board to contain provisions similar to or inconsistent with any such Part or section, to be no longer in force in that district or contributory place.<\/p>\n<p>(2) The local authority shall, two weeks at least before applying for an Order, give notice of their intention to make such application by advertising the same once at least in one or more of the newspapers circulating in their district in each of two successive weeks, and no order shall be made under this section until proof of such advertisement has been given to the satisfaction of the Local Government Board, and until at least one month has elapsed after the date of such advertisement.<\/p>\n<p>(3) Any such Order may specify conditions subject to which any Part or any section of this Act shall be in force in the district or contributory place, and where, in the opinion of the Local Government Board, the circumstances so require, any such Order may, in relation to that district or contributory place, declare any Part or any section of this Act to be in force subject to such necessary adaptations as are specified in the Order.<br \/>\nA statement of the effect of each Order specifying conditions or adaptations as aforesaid shall be published in the London Gazette as well as in any other manner directed by the Local Government Board.<\/p>\n<p>(4) In regard to Part VII (Police), Part VIII (Fire Brigade), and Part IX (Sky Signs) of this Act, the Secretary of State shall be deemed to be substituted in this section for the Local Government Board.<\/p>\n<p>4. Expenses of local authority<\/p>\n<p>All expenses incurred or payable by a local authority in the execution of this Act and not otherwise provided for may be charged and defrayed in the case of an urban sanitary authority or urban district council, as the case may be, as part of the expenses incurred by them in the execution of the Public Health Acts, and in the case of a rural district council shall, subject to any power of the Local Government Board under any Act to order the contrary, be charged and defrayed as a part of their general expenses under the Public Health Acts.<\/p>\n<h4>5. Enquiries by Local Government Board<\/h4>\n<p>(1) The Local Government Board may direct any enquiries to be held by their inspectors which they may deem necessary in regard to the exercise of any powers conferred upon them under this Act, and the inspectors of the Local Government Board shall for the purposes of any such enquiry have all such powers as they have for the purposes of enquiries directed by that Board under the Public Health Act, 1875.<\/p>\n<p>(2) The local authority shall pay to the Local Government Board any expenses incurred by that Board in relation to any enquiries referred to in this section, including the expenses of any witnesses summoned by the inspector holding the enquiry, and a sum to be fixed by that Board not exceeding three guineas a day for the services of such inspector.<\/p>\n<p>(3) The Secretary of State may order that a local enquiry be held in regard to the exercise of any powers conferred on him under this Act. The person holding any such enquiry shall receive such remuneration as the Secretary of State may determine, and that remuneration and the expenses of the local enquiry shall be paid by the local authority.<\/p>\n<h4>6. Legal proceedings, &amp;c.<\/h4>\n<p>Offences under this Act or under any byelaw made under the powers of this Act or under the powers of the Public Health Act, 1875, or any enactment amending or extending that Act, may be prosecuted, and penalties, forfeitures, costs, and expenses recovered, in like manner and subject to the same provisions as offences which may be prosecuted, and penalties, forfeitures, costs, and expenses which may be recovered, in a summary manner under the Public Health Acts.<\/p>\n<h4>7. Appeals to quarter sessions, &amp;c.<\/h4>\n<p>(1) Except where this Act otherwise expressly provides any person aggrieved \u2014<br \/>\n(a) By any order, judgment, determination, or requirement of a local authority under this Act;<\/p>\n<p>(b) By the withholding of any order, certificate, licence, consent, or approval, which may be made, granted, or given by a local authority under this Act;<\/p>\n<p>(c) By any conviction or order of a court of summary jurisdiction under any provision of this Act;<\/p>\n<p>may appeal, in manner provided by the Summary Jurisdiction Acts, to a court of quarter sessions.<\/p>\n<p>(2) Where any person deems himself aggrieved by the decision of the local authority in any case in which the local authority, under this Act, are empowered to recover in a summary manner any expenses incurred by them, or to declare the expenses to be private improvement expenses, section two hundred and sixty eight of the Public Health Act, 1875, shall apply as it applies to cases under that Act, and subsection (1) of this section shall not apply in Any such case, whether arising under the Public Health Act, 1875, or under this Act; but nothing in this subsection shall extend to any case in which an appeal to a court of summary jurisdiction in relation to any requirement of a local authority, or to any such expenses, is expressly authorised by this Act.<\/p>\n<p>8. More than one sum in one summons<br \/>\nAny information, complaint, warrant or summons made or issued for the purpose of this Act or of the Public Health Acts may contain in the body thereof or in a schedule thereto several sums.<\/p>\n<h4>9. Byelaws<\/h4>\n<p>All the provisions with respect to byelaws contained in sections one hundred and eighty-two to one hundred and eighty-six of the Public Health Act, 1875, and any enactment amended or extended by those sections shall apply to all byelaws from time to time made by a local authority under the provisions of this Act, provided that the Secretary of State shall be the confirming authority for byelaws made under Part VII (Police) of this Act.<\/p>\n<h4>10. Compensation, how determined<\/h4>\n<p>Where any compensation, costs, damages or expenses is or are by this Act directed to be paid, and the method for determining the amount thereof is not otherwise provided for, such amount shall in case of dispute be ascertained in the manner provided by the Public Health Acts.<\/p>\n<h4>11. Powers of Act cumulative<\/h4>\n<p>All powers given to a local authority under this Act shall be deemed to be in addition to and not in derogation of any other powers conferred upon such local authority by any Act of Parliament, law, or custom, and such other powers may be exercised in the same manner as if this Act had not been passed.<br \/>\nNothing in this Act shall exempt any person from any penalty to which he would have been liable if this Act had not been passed, but no person shall be liable, except in the case of a daily penalty, to more than one penalty in respect of the same offence.<\/p>\n<h4>12. Crown rights<\/h4>\n<p>Nothing in this Act affects prejudicially any estate, right, power, privilege or exemption of the Crown, and in particular nothing herein contained authorises any local authority to take, use, or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay, or estuary, or any land, hereditaments, subjects, or right of whatsoever description belonging to His Majesty in right of His Crown, and under the management of the Commissioners of Woods or of the Board of Trade respectively, without the consent in writing of the Commissioners of Woods or the Board of Trade, as the case may be, on behalf of His Majesty first had and obtained for that purpose (which consent the said Commissioners and Board are hereby respectively authorised to give).<\/p>\n<h4>13. Interpretation<\/h4>\n<p>In this Act, if not inconsistent with the context, \u2014<br \/>\nThe expression \u201clocal authority\u201d means an urban sanitary authority, an urban district council, or a rural district council:<\/p>\n<p>The expression \u201cdistrict of the local authority\u201d means an urban sanitary district, an urban district, or a rural district:<\/p>\n<p>The expression \u201cdaily penalty\u201d means a penalty for each day on which an offence is continued after conviction therefor:<\/p>\n<p>The expressions \u201clands,\u201d \u201cpremises,\u201d \u201cowner,\u201d \u201cstreet,\u201d \u201chouse,\u201d \u201cdrain,\u201d and \u201csewer\u201d have respectively the same meaning as in the Public Health Acts:<\/p>\n<p>The expressions \u201cclerk,\u201d \u201cmedical officer,\u201d \u201csurveyor,\u201d and \u201cinspector of nuisances\u201d mean the clerk, medical officer of health, surveyor, and inspector of nuisances respectively of the district of the local authority:<\/p>\n<p>The expression \u201cdairy\u201d includes any farm, farmhouse, cowshed, milk store, milk shop, or other place from which milk is supplied or in which milk is kept for the purposes of sale within (unless otherwise expressed) the district of the local authority:<\/p>\n<p>The expression \u201cdairyman\u201d includes any cowkeeper, purveyor of milk, or occupier of a dairy within (unless otherwise expressed) the district of the local authority:<\/p>\n<p>The expression \u201cinfectious disease\u201d means any infectious disease to which the Infectious Disease (Notification) Act, 1889, for the time being applies within the district of the local authority:<\/p>\n<p>The expressions \u201cthe commencement of this Part\u201d and \u201cthe commencement of this section\u201d used in relation to any Part or section of this Act mean respectively the date at which, by an Order made by the Local Government Board, or by the Secretary of State as the case may be, in pursuance of this Act, and subject to any conditions or adaptations specified in that Order, the Part or section is declared to be in force:<\/p>\n<p>Other expressions to which a special meaning is assigned by the Public Health Act, 1875, have respectively the same meaning in this Act as they have in that Act.<\/p>\n<h4>14. Application of Act to Ireland<\/h4>\n<p>In the application of this Act to Ireland the following modifications shall have effect:\u2014<br \/>\n(1) This Act may be cited with the Public Health (Ireland) Acts, 1878 to 1900, as the Public Health (Ireland) Acts, 1878 to 1907:<\/p>\n<p>(2) A reference to a place of abode in England shall be construed to be a reference to a place of abode in Ireland:<\/p>\n<p>(3) The Local Government Board for Ireland shall be substituted for the Local Government Board:<\/p>\n<p>(4) The Chief Secretary shall be substituted for the Secretary of State<\/p>\n<p>(5) The Department of Agriculture and Technical Instruction for Ireland shall be substituted for the Board of Agriculture and Fisheries:<\/p>\n<p>(6) The Dublin Gazette shall be substituted for the London Gazette:<\/p>\n<p>(7) A court of summary jurisdiction constituted in accordance with the provisions of section two hundred and forty-nine of the Public Health (Ireland) Act, 1878, shall be substituted for a petty sessional court:<\/p>\n<p>(8) The Public Health (Ireland) Acts, 1878 to 1900, shall be substituted for the Public Health Acts, the Public Health (Ireland) Acts, 1878 to 1907, shall be substituted for the Public Health Acts, 1875 to 1907, and the Public Health (Ireland) Act, 1878, shall be substituted for the Public Health Act, 1875, and in particular references in this Act to the sections of the Public Health Act, 1875, mentioned in the first column of the schedule to this Act shall be construed as references to the corresponding sections of the Public Health (Ireland) Act, 1878, mentioned in the second column of that schedule:<\/p>\n<p>(9) In subsection (2) of section seventy-four of this Act, the words \u201cand the sanitary authority may\u201d shall be substituted for the words \u201cand the local authority may\u201d:<\/p>\n<p>(10) The provision with respect to section twenty-eight of the Town Police Clauses Act, 1847, shall extend to section seventy-two of the Towns Improvement (Ireland) Act, 1854.<\/p>\n<h4>20. Recovery of damages caused to footways by excavations<\/h4>\n<p>If the footway of any street repairable by the inhabitants at large be injured by or in consequence of any excavations or other works on lands adjoining thereto, the local authority may repair or replace the footway so injured, and all damages and expenses of or arising from such injury and repair or replacement shall be paid to the local authority by the owner of the lands on which such excavations or other works have been made, or by the person causing or responsible for the injury.<br \/>\n23. What to be deemed new buildings<br \/>\nFor the purposes of this Act and the Public Health Acts, and any byelaws made thereunder, each of the following operations, namely:\u2014<br \/>\n(a) The re-erection, wholly or partially, of any building of which an outer wall is pulled down or burnt down to or within ten feet of the surface of the ground adjoining the lowest storey of the building, and of any frame building so far pulled down or burnt down as to leave only the framework of the lowest storey;<\/p>\n<p>(b) The conversion into a dwelling-house of any building not originally constructed for human habitation, or the conversion into more than one dwelling-house of a building originally constructed as one dwelling-house only;<\/p>\n<p>(c) The re-conversion into a dwelling-house of any building which has been discontinued as or appropriated for any purpose other than that of a dwelling-house;<\/p>\n<p>(d) The making of any addition to an existing building by raising any part of the roof, by altering a wall, or making any projection from the building, but so far as regards the addition only; and<\/p>\n<p>(e) The roofing or covering over of an open space between walls or buildings;<\/p>\n<p>shall be deemed to be the erection of a new building.<\/p>\n<h4>30. Dangerous places to be repaired or enclosed<\/h4>\n<p>With respect to the repairing or enclosing of dangerous places the following provisions shall have effect (namely):\u2014<br \/>\n(1) If in any situation fronting, adjoining, or abutting on any street or public footpath, any building, wall, fence, steps, structure or other thing, or any well, excavation, reservoir, pond, stream, dam or bank is, for want of sufficient repair, protection, or enclosure dangerous to the persons lawfully using the street or footpath, the local authority may, by notice in writing served upon the owner, require him, within the period specified, in the notice and herein-after in this section referred to as the \u201cprescribed period,\u201d to repair, remove, protect, or enclose the same so as to prevent any danger therefrom:<\/p>\n<p>(2) If, after service of the notice on the owner, he shall neglect to comply with the requirements thereof within the prescribed period, the local authority may cause such works as they think proper to be done for effecting such repair, removal, protection, or enclosure, and the expenses thereof shall be payable by the owner, and may be recovered summarily as a civil debt.<\/p>\n<h4>31. Fencing lands adjoining streets<\/h4>\n<p>If any land (other than land forming part of any common) adjoining any street is allowed to remain unfenced or if the fences of any such land are allowed to be or remain out of repair, and such land is, owing to the absence or inadequate repair of any such fence, a source of danger to passengers, or is used for any immoral or indecent purposes, or for any purpose causing inconvenience or annoyance to the public, the Local Government Board on the application of the local authority may by Order empower the local authority to proceed under this section, and, in that case, at any time after the expiration of fourteen days from the service upon the owner or occupier of notice in writing by the local authority requiring the land to be fenced or any fence of the land to be repaired, the local authority may cause the land to be fenced or may cause the fences to be repaired in such manner as they think fit, and the reasonable expenses thereby incurred shall be recoverable from such owner or occupier summarily as a civil debt.<\/p>\n<h4>32. Hoards to be securely erected<\/h4>\n<p>(1) A person shall not use any hoarding or similar structure which is in, or abuts on, or adjoins any street, for any purpose, unless it is securely fixed to the satisfaction of the local authority.<\/p>\n<p>(2) If any person acts in contravention of this section he shall be liable, in respect of each offence, to a penalty not exceeding \u20ac6.35 [five pounds] and to a daily penalty not exceeding \u20ac1.27 [twenty shillings].<\/p>\n<p>33. Exemption of buildings of railway companies and others<\/p>\n<p>Nothing in this Part or in any byelaws to be made under any enactment extended by this Part shall apply to a building (other than a dwelling-house) belonging to a railway company, or to any company or other public body authorised to construct, maintain, or improve a harbour, pier or dock, or to the owners of any canal or inland navigation, and used by the company, public body, or owners as a part of or in connection with their railway, harbour, pier, dock, canal or inland navigation.<\/p>\n<h4>35. As to nuisances<\/h4>\n<p>For the purposes of the Public Health Act, 1875 \u2014<br \/>\n(1) Any cistern used for the supply of water for domestic purposes so placed, constructed, or kept as to render the water therein liable to contamination, causing or likely to cause risk to health;<\/p>\n<p>(2) Any gutter, drain, shoot, stack-pipe, or down-spout of a building which by reason of its insufficiency or its defective condition shall cause damp in such building or in an adjoining building; and<\/p>\n<p>(3) Any deposit of material in or on any building or land which shall cause damp in such building or in an adjoining building so as to be dangerous or injurious to health<\/p>\n<p>shall be deemed to be a nuisance within the meaning of the said Act.<\/p>\n<h4>37. Water or stack pipes not to be used as ventilating shafts<\/h4>\n<p>No water pipe, stack-pipe, or down-spout in existence at the commencement of this section, used for conveying surface water from any premises, shall be used or be permitted to serve or to act as a Ventilating shaft to any drain. Any person who shall offend against this section after fourteen days from the service upon him by the local authority of notice of such offence shall be liable, to a penalty not exceeding \u20ac2.54 [forty shillings] and to a daily penalty not exceeding \u20ac1.27 [twenty shillings].<\/p>\n<h4>51. Power to declare a business to be an offensive business<\/h4>\n<p>(1) The words \u201cany other trade, business, or manufacture, which the local authority declare by order confirmed by the Local Government Board, and published in such manner as the Board direct, to be an offensive trade,\u201d shall be substituted for the words \u201cany other noxious or offensive trade, business, or manufacture,\u201d in section one hundred and twelve of the Public Health Act, 1875.<\/p>\n<p>(2) The local authority may make byelaws with respect to any trade which is an offensive trade under section one Hundred and twelve of the Public Health Act, 1875, as amended by this Act, whether established before or after the commencement of this Act, in order to prevent or diminish any noxious or injurious effects of the trade.<\/p>\n<h4>79. Dangerous riding and driving<\/h4>\n<p>Every person who shall ride or drive so as to endanger the life or limb of any person or to the common danger of the passengers in any thoroughfare shall be liable to a penalty not exceeding forty shillings and may be arrested without warrant by any constable who witnesses the offence.<\/p>\n<h4>81. Extending definition of public place and street for certain purposes<\/h4>\n<p>Any place of public resort or recreation ground belonging to, or under the control of, the local authority, and any unfenced ground adjoining or abutting upon any street in an urban district shall for the purpose of the Vagrancy Act, 1824, and of any Act for the time being in force altering or amending the same, be deemed to be an open and public place, and shall be deemed to be a street for the purposes of section twenty-nine of the Town Police Clauses Act, 1847, and also for the purposes of so much of section twenty-eight of that Act as relates to the following offences:\u2014<br \/>\nEvery person who suffers to be at large any unmuzzled ferocious dog, or urges any dog or other animal to attack, worry, or-put in fear any person or animal:<\/p>\n<p>Every person who rides or drives furiously any horse or carriage, or drives furiously any cattle:<\/p>\n<p>Every common prostitute or night walker loitering and importuning passengers for the purpose of prostitution:<\/p>\n<p>Every person who wilfully and indecently exposes his person:<\/p>\n<p>Every person who publicly offers for sale or distribution, or exhibits to public view, any profane, indecent, or obscene book, paper, print, drawing, painting, or representation, or sings any profane or obscene song or ballad, or uses any profane or obscene language:<\/p>\n<p>Every person who wantonly discharges any firearm or discharges any missile or makes any bonfire:<\/p>\n<p>Every person who throws or lays any dirt, litter, ashes, or night soil, or any carrion, fish, offal, or rubbish, on any street.<\/p>\n<h4>83. Byelaws as to promenades<\/h4>\n<p>The local authority may, for the prevention of danger, obstruction, or annoyance to persons using the esplanades or promenades within the district, make byelaws prescribing the nature of the traffic for which they may be used, regulating the selling and hawking of any article, commodity, or thing thereon, and for the preservation of order and good conduct among the persons using the same.<\/p>\n<h4>Part X Miscellaneous<\/h4>\n<p>Schedule 1 References to the Public Health (Ireland) Act, 1878, to be Substituted for references to the Public Health Act, 1875.<br \/>\nSections of the Public Health Act, 1875.<br \/>\nCorresponding Sections of Public Health (Ireland) Act, 1878<\/p>\n<p>4<br \/>\n51<\/p>\n<p>77<br \/>\n88<\/p>\n<p>86<br \/>\n89<\/p>\n<p>88<br \/>\n97<\/p>\n<p>102<br \/>\n118<\/p>\n<p>103<br \/>\n119<\/p>\n<p>112<br \/>\n128<\/p>\n<p>124<br \/>\n141<\/p>\n<p>126<br \/>\n142<\/p>\n<p>132<br \/>\n156<\/p>\n<p>150<br \/>\n28<\/p>\n<p>157<br \/>\n41<\/p>\n<p>158<br \/>\n42<\/p>\n<p>175<br \/>\n202<\/p>\n<p>176<br \/>\n203<\/p>\n<p>182<br \/>\n219<\/p>\n<p>186<br \/>\n223<\/p>\n<p>257<br \/>\n255<\/p>\n<p>268<br \/>\n268<\/p>\n<p>304<br \/>\n277<\/p>\n<p>&nbsp;<\/p>\n<h2><\/h2>\n<h2>ROADS ACT<\/h2>\n<p>&nbsp;<\/p>\n<p>PART VI<\/p>\n<p>Miscellaneous<\/p>\n<p>Section 67<\/p>\n<h4>Road users&#8217; duty of care.<\/h4>\n<p>67.\u2014(1) It shall be the duty of a person using a public road to take reasonable care for his own safety and for that of any other person using the public road.<\/p>\n<p>(2) It shall be the duty of a person using a public road to take all reasonable measures to avoid\u2014<\/p>\n<p>(a) injury to himself or to any other person using the public road,<\/p>\n<p>(b) damage to property owned or used by him or by any other person using the public road.<\/p>\n<p>Section 68<\/p>\n<h4>Cycleways.<\/h4>\n<p>68.\u2014(1) In this section \u201ccycleway\u201d means a public road or proposed public road reserved for the exclusive use of pedal cyclists or pedal cyclists and pedestrians.<\/p>\n<p>(2) (a) A road authority may construct (or otherwise provide) and maintain a cycleway.<\/p>\n<p>(b) Where a road authority constructs or otherwise provides a cycleway it shall by order declare either\u2014<\/p>\n<p>(i) that the cycleway is for the exclusive use of pedal cyclists, or<\/p>\n<p>(ii) that the cycleway is for the exclusive use of pedal cyclists and pedestrians.<\/p>\n<p>(c) Any person who uses a cycleway in contravention of an order under paragraph (b) shall be guilty of an offence.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F108<br \/>\nSubstituted by Road Traffic and Roads Act 2023 (16\/2023), s. 68(a), (b), not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C55<br \/>\nProspective affecting provisions: subss. (1), 2(b) substituted by Road Traffic and Roads Act 2023 (16\/2023), s. 68(a), (b), not commenced as of date of revision.<\/p>\n<p>68.\u2014F108[(1) In this section &#8220;cycleway&#8221; means a public road or proposed public road reserved for the exclusive use of\u2014<\/p>\n<p>(a) pedal cyclists, or<\/p>\n<p>(b) a combination of pedal cyclists and either or both people driving powered personal transporters and pedestrians.]<\/p>\n<p>(2) (a) A road authority may construct (or otherwise provide) and maintain a cycleway.<\/p>\n<p>F108[(b) Where a road authority constructs or otherwise provides a cycleway it shall by order declare that the cycleway is for the exclusive use of\u2014<\/p>\n<p>(i) pedal cyclists, or<\/p>\n<p>(ii) a combination of pedal cyclists and either or both people driving powered personal transporters and pedestrians.]<\/p>\n<p>(c) Any person who uses a cycleway in contravention of an order under paragraph (b) shall be guilty of an offence.<\/p>\n<p>Section 73<\/p>\n<h4>Extinguishment of public rights of way.<\/h4>\n<p>73.\u2014(1) Where a local authority proposes to extinguish a public right of way it shall\u2014<\/p>\n<p>(a) publish in one or more newspapers circulating in the area where the public right of way proposed to be extinguished is located a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such public right of way may be inspected and stating that objections or representations may be made in writing to the local authority in relation to such proposal before a specified date (which shall be not less than two weeks after the end of the period for inspection) and stating that persons making such objections or representations may make a request in writing to state their case at an oral hearing conducted by a person appointed by the local authority for that purpose,<\/p>\n<p>(b) affix a copy of such notice in a prominent position at each end of the public right of way proposed to be extinguished and leave it in place for a period or periods which shall in aggregate be not less than fourteen days,<\/p>\n<p>(c) consider any objections or representations made to it under paragraph (a) and not withdrawn,<\/p>\n<p>(d) if it considers it appropriate, afford an opportunity to persons making objections or representations and who so request in writing to state their case at an oral hearing conducted by a person appointed by the local authority and consider the report and any recommendation of the person so appointed.<\/p>\n<p>(2) (a) A local authority may make an order extinguishing the right of way specified in the notice published under subsection (1) (a), or part thereof.<\/p>\n<p>(b) A local authority shall not make an order under paragraph (a) until it has complied with subsection (1).<\/p>\n<p>(3) (a) An order under subsection (2) relating to a national road or a regional road shall have no effect unless and until the Minister approves the order.<\/p>\n<p>(b) The Minister may, by order, approve the order with or without modifications (or conditions) or he may refuse to approve the order.<\/p>\n<p>(c) The Minister shall consult with the Authority before making an order under this subsection relating to a national road.<\/p>\n<p>(4) (a) An order made under subsection (2) may\u2014<\/p>\n<p>(i) specify a date on which the extinguishment shall come into effect,<\/p>\n<p>(ii) specify conditions (including conditions relating to the recovery of the costs referred to in subsection (12)) which shall be complied with before the extinguishment comes into effect.<\/p>\n<p>(b) Where an order extinguishing a public right of way made by a local authority or an order approved by the Minister with or without modifications or conditions does not specify when the extinguishment shall come into effect, the extinguishment shall come into effect\u2014<\/p>\n<p>(i) in the case of a local road, from the date on which the order is made by the local authority,<\/p>\n<p>(ii) in the case of a national road or a regional road, from the date on which the order approving the extinguishment, with or without modifications or conditions, is made by the Minister.<\/p>\n<p>(5) Notwithstanding any other enactment, where a public right of way over a public road or a part thereof is extinguished under this section, the road authority shall no longer be responsible for the maintenance of such road or part thereof with effect from the date on which the extinguishment of the public right of way comes into effect in accordance with subsection (4).<\/p>\n<p>(6) A local authority shall, without prejudice to any existing private right of way, ensure the carrying out of any works necessary\u2014<\/p>\n<p>(a) to effect the extinguishment of a public right of way under this section,<\/p>\n<p>(b) for the safety of road users arising from the extinguishment of a public right of way,<\/p>\n<p>(c) to ensure as far as reasonably practicable that the land over which a public right of way has been extinguished does not become an eyesore.<\/p>\n<p>(7) A local authority shall, as soon as may be after the date on which a public right of way has been extinguished, publish notice of the extinguishment in the newspaper or newspapers in which notice of the proposed extinguishment was published under subsection (1) (a) and shall notify in writing any person who made written objections or representations to it in relation to such extinguishment.<\/p>\n<p>(8) The consideration of objections or representations and the report and any recommendation of a person appointed under subsection (1) and the making of an order under subsection (2) shall be reserved functions.<\/p>\n<p>(9) A person who, without lawful authority, removes, or damages or defaces a notice erected in accordance with subsection (1) (b) shall be guilty of an offence.<\/p>\n<p>(10) A person who obstructs, impedes or otherwise interferes with a public right of way or who destroys or damages a public right of way save as is provided for in law shall be guilty of an offence.<\/p>\n<p>(11) It shall be a function of a local authority to protect the right of the public to use public rights of way in its administrative area.<\/p>\n<p>(12) Where a local authority extinguishes a public right of way solely or partly to facilitate the development of land, the authority\u2014<\/p>\n<p>(a) shall be entitled to recover from the person developing, or proposing to develop, the land all or a reasonable portion of the costs incurred by it in extinguishing such right of way,<\/p>\n<p>(b) may, by notice in writing, require the person developing, or proposing to develop, the land to carry out such works as it considers necessary to give effect to subsection (6),<\/p>\n<p>(c) may, where a person fails to comply with a notice under paragraph (b), carry out the works specified in the notice or such other works as it considers necessary to give effect to subsection (6) and shall be entitled to recover any reasonable costs incurred by it in carrying out such works from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction.<\/p>\n<p>(13) In this section a \u201clocal authority\u201d means\u2014<\/p>\n<p>(a) where the public right of way to be extinguished is over a public road, a road authority,<\/p>\n<p>(b) in any other case, a planning authority.<\/p>\n<p>(14) This section shall not apply where the extinguishment of a public right of way is authorised by a scheme under Part IV or under any enactment for which the Minister for the Environment is not the appropriate Minister or under any enactment relating to the compulsory acquisition of land.<\/p>\n<p>(15) Where, before the repeal under section 4 of the enactments referred to hereunder, an application has been made to the Minister\u2014<\/p>\n<p>(a) under section 84 (4) (a) (i) of the Act of 1946, for his consent to the extinguishment of a public right of way over a road, or<\/p>\n<p>(b) under section 76 of the Act of 1963, as amended by section 43 of the Act of 1976, for his approval to an order extinguishing a public right of way,<\/p>\n<p>and such application has not been determined by the Minister or withdrawn, the enactment which applied before such repeal shall continue to so apply.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E97<br \/>\nPower pursuant to subs. (3) exercised (18.08.2017) by Roads Act 1993 (Extinguishment of Public Right of Way) Order 2017 (S.I. No. 238 of 2017).<\/p>\n<p>Section 74<\/p>\n<h4>Road races.<\/h4>\n<p>74.\u2014(1) In this section \u201croad race\u201d means a prescribed class of race, time trial or speed trial on a public road involving persons, vehicles or animals.<\/p>\n<p>(2) A person who intends to hold, organise or promote a road race shall give at least one month&#8217;s notice (or such other period of notice as may be prescribed by the Minister) in writing to the road authority and to the Superintendent of the Garda S\u00edoch\u00e1na within whose district the road race is to be held.<\/p>\n<p>(3) (a) A road authority may by notice in writing served on a person who intends to hold, organise or promote a road race or, where the name of that person cannot be ascertained by reasonable inquiry, by notice published in one or more newspapers circulating in the area in which the road race is to be held\u2014<\/p>\n<p>(i) prohibit the holding of the road race,<\/p>\n<p>(ii) prohibit the holding of the road race unless specified conditions, restrictions or requirements are complied with,<\/p>\n<p>(iii) impose specified conditions, restrictions or requirements in relation to the holding of the road race which must be complied with.<\/p>\n<p>(b) The conditions under paragraph (a) may include the giving of security or the provision of an indemnity.<\/p>\n<p>(4) Any person who contravenes subsection (2) or a notice under subsection (3) shall be guilty of an offence.<\/p>\n<p>(5) A road authority may recover from a person who holds, organises or promotes a road race, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it\u2014<\/p>\n<p>(a) to facilitate the holding of the road race,<\/p>\n<p>(b) to repair damage to or remove defacement from the public road arising from the holding of the road race.<\/p>\n<p>(6) The Minister may make regulations for the purposes of this section and such regulations may in particular make provision for\u2014<\/p>\n<p>(a) requirements in relation to the making and consideration of objections,<\/p>\n<p>(b) requirements in relation to the giving of security or the provision of an indemnity.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F110<br \/>\nSubstituted by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 4(1) and sch. 1 ref. 17, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C57<br \/>\nProspective affecting provision: subs. (2) amended by Garda S\u00edoch\u00e1na (Functions and Operational Areas) Act 2022 (7\/2022), s. 4(1) and sch. 1 ref no. 17, not commenced as of date of revision.<\/p>\n<p>(2) A person who intends to hold, organise or promote a road race shall give at least one month&#8217;s notice (or such other period of notice as may be prescribed by the Minister) in writing to the road authority and to F110[an Inspector of the Garda S\u00edoch\u00e1na in the Garda division in which] the road race is to be held.<\/p>\n<p>Section 75<\/p>\n<h4>Temporary closing of roads.<\/h4>\n<p>75.\u2014(1) A road authority may by order\u2014<\/p>\n<p>(a) for the purpose of facilitating a road race, within the meaning of section 74, or any other event,<\/p>\n<p>(b) for the purpose of facilitating the carrying out of works, or<\/p>\n<p>(c) for any other purpose,<\/p>\n<p>close a public road to traffic for such specified period and subject to such specified conditions (including the giving of security or the provision of an indemnity) as it thinks fit.<\/p>\n<p>(2) (a) A person who uses a public road in contravention of an order made under subsection (1) shall, unless he is authorised in writing by the road authority to do so, be guilty of an offence.<\/p>\n<p>(b) A person who obstructs or interferes with the holding of a road race or any other event or with the carrying out of works or any activity in respect of which an order under subsection (1) is in force shall be guilty of an offence.<\/p>\n<p>(c) A person who holds, organises or promotes a road race or other event or who carries out works or any other activity in respect of which an order under subsection (1) is in force and who contravenes any condition specified in that order shall be guilty of an offence.<\/p>\n<p>(d) A person who without lawful authority closes a public road shall be guilty of an offence.<\/p>\n<p>(3) A road authority may recover from a person who holds, organises or promotes a road race or other event or who carries out works or any other activity in respect of which an order under subsection (1) is in force, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it\u2014<\/p>\n<p>(a) to facilitate the holding of the road race or other event or the carrying out of works or any other activity,<\/p>\n<p>(b) to repair damage to or remove defacement from the public road arising from the holding of the road race or other event or the carrying out of works or any other activity.<\/p>\n<p>(4) The Minister may make regulations for the purposes of this section and such regulations may in particular make provision for all or any of the following matters\u2014<\/p>\n<p>(a) requirements as to notice,<\/p>\n<p>(b) requirements in relation to the making and consideration of objections,<\/p>\n<p>(c) requirements in relation to the giving of security or the provision of an indemnity.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C58<br \/>\nApplication of section extended (23.12.2001) by Transport (Railway Infrastructure) Act 2001 (55\/2001), s. 63(4), commenced on enactment.<\/p>\n<p>Excavation or closure of public roads.<\/p>\n<p>63.\u2014&#8230;<\/p>\n<p>(4) Where a road authority proposes to excavate or close under section 75 of the Act of 1993 a public road or part thereof on which there is a light railway it shall obtain the written views of the Agency and shall consider any written objections or representations made by the Agency and not withdrawn before carrying out any such excavation or closure.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E98<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>Section 76<\/p>\n<h4>Drainage, etc.<\/h4>\n<p>76.\u2014(1) A road authority may\u2014<\/p>\n<p>(a) construct and maintain drains in, on, under, through or to any land for the purpose of draining water from, or preventing water flowing onto, a public road,<\/p>\n<p>(b) use any land for the temporary storage or the preparation of any gravel, stone, sand, earth or other material required for the construction or maintenance of a public road.<\/p>\n<p>(2) Before entering on any land to perform a function under subsection (1), a road authority shall\u2014<\/p>\n<p>(a) at least one month before the date upon which it proposes to enter on the land, serve a notice on the owner or occupier of the land\u2014<\/p>\n<p>(i) stating that it proposes to enter on the land,<\/p>\n<p>(ii) specifying the function that it proposes to perform thereon,<\/p>\n<p>(iii) stating that objections or representations may be made in writing to the road authority in relation to the proposed performance of the function before a specified date (which shall be not less than two weeks from the date of service of the notice), and<\/p>\n<p>(iv) informing him of his right to apply for compensation under subsection (4),<\/p>\n<p>(b) consider any objections or representations made to it under paragraph (a) and not withdrawn.<\/p>\n<p>(3) (a) Where as a result of flooding, landslide, subsidence or other emergency there is an immediate and serious hazard to persons using a public road or serious damage has been, is being or will be caused to a public road, a road authority may take immediate action to remove or reduce the hazard or prevent or reduce the damage or any further damage.<\/p>\n<p>(b) In the exercise of its functions under paragraph (a), a road authority may enter on any land and carry out any works or do anything which it considers necessary for the purposes of paragraph (a).<\/p>\n<p>(4) (a) The owner or occupier of any land who suffers damage in consequence of the exercise by a road authority of its functions under subsection (2) or (3) shall be entitled to recover from the road authority compensation in respect of that damage:<\/p>\n<p>Provided that in assessing compensation regard shall not be had to any existing damage caused by water draining into, onto, under, through or to the land from an existing public road but only to any additional damage resulting from the exercise by the road authority of its functions under subsection (1) or (3).<\/p>\n<p>(b) A claim for compensation under paragraph (a) shall be made not later than six months after the date on which the activity, in respect of which the claim is made, was completed and shall, in default of agreement, be determined by arbitration under the Lands Clauses Acts but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award.<\/p>\n<p>(5) The owner or occupier of any land adjacent to a public road shall take all reasonable steps to ensure that\u2014<\/p>\n<p>(a) water is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road,<\/p>\n<p>(b) water, soil or other material is prevented from flowing or falling onto a public road from his land.<\/p>\n<p>(6) A road authority may serve a notice in writing on the owner or occupier of any land adjacent to a public road requiring him to carry out specified works or take specified measures\u2014<\/p>\n<p>(a) to ensure that water is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road,<\/p>\n<p>(b) to prevent water, soil or other material from flowing or falling onto a public road from his land.<\/p>\n<p>(7) (a) A person on whom a notice under subsection (6) has been served may, within fourteen days from the date of service, appeal against the notice to the District Court on any one or more of the following grounds\u2014<\/p>\n<p>(i) that he is not the owner or occupier of the land,<\/p>\n<p>(ii) that water was not and is not prevented, obstructed or impeded from draining into, onto, under, through or to his land from a public road,<\/p>\n<p>(iii) that water, soil or other material was not and is not flowing or falling onto a public road from his land,<\/p>\n<p>(iv) that compliance with the requirements of the notice would involve unreasonable expense,<\/p>\n<p>(v) that the notice specified an unreasonably short time for complying with its requirements or any of them.<\/p>\n<p>(b) Notice of the appeal shall be given to the road authority and that authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.<\/p>\n<p>(8) (a) On the hearing of the appeal the Court may, as it thinks proper, either\u2014<\/p>\n<p>(i) confirm the notice unconditionally, or<\/p>\n<p>(ii) confirm the notice subject to such modifications, alterations or additions as the Court thinks reasonable, or<\/p>\n<p>(iii) annul the notice.<\/p>\n<p>(b) Where the Court confirms the notice, subject to modifications, alterations or additions, the notice shall have effect subject to such modifications, alterations or additions.<\/p>\n<p>(9) (a) The jurisdiction conferred on the District Court by this section shall be exercised by the Judge of that Court having jurisdiction in the district in which the public road referred to in subsection (6) is situated.<\/p>\n<p>(b) No appeal shall lie to the Circuit Court from a decision of the District Court under this section.<\/p>\n<p>(10) A notice under subsection (6) shall not have effect until\u2014<\/p>\n<p>(a) the expiration of fourteen days from the date of service of the notice, or<\/p>\n<p>(b) if an appeal is taken and the notice is confirmed, with or without modifications, the date upon which the decision of the Court is pronounced or the date upon which the order of the Court is expressed to take effect, whichever is the later.<\/p>\n<p>(11) An owner or occupier who fails to comply with a notice under this section shall be guilty of an offence.<\/p>\n<p>(12) Where an owner or occupier fails to comply with a notice under this section, the road authority may take the action specified in the notice or such other action as it thinks fit.<\/p>\n<p>(13) Where a road authority considers that\u2014<\/p>\n<p>(a) water prevented, obstructed or impeded from draining into, onto, under, through or to any land from a public road, or<\/p>\n<p>(b) water, soil or other material flowing or falling onto a public road from any land,<\/p>\n<p>presents an immediate and serious hazard to persons using a public road or has caused, is causing or will cause serious damage to a public road it may, notwithstanding the provisions of subsections (6) to (12), take immediate action to remove or reduce the hazard or prevent or reduce the damage or any further damage.<\/p>\n<p>(14) Where a road authority takes action under subsection (12) or (13) it may recover any reasonable costs incurred by it from the owner or occupier as a simple contract debt in any court of competent jurisdiction.<\/p>\n<p>(15) (a) A person who, without the consent of a road authority\u2014<\/p>\n<p>(i) within 15 metres of a public road (measured from its nearest edge) scours, deepens, widens or fills in any existing drain or excavates any new drain,<\/p>\n<p>(ii) interferes with, or carries out any works which interfere with, a bridge, culvert, retaining wall, embankment or other structure providing lateral or other support for a public road,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(b) A consent under paragraph (a) may be given by the road authority subject to such conditions, restrictions or requirements as it thinks fit and any person who fails to comply with such conditions, restrictions or requirements shall be guilty of an offence.<\/p>\n<p>(c) (i) Where a road authority considers that the carrying out, with or without its consent, of an activity referred to in paragraph (a) has damaged, is damaging or will damage a public road, it may serve a notice in writing on the person carrying out such activity or on the owner or occupier of the land on which such activity is being carried out requiring that the activity cease forthwith and a person who fails to comply with a notice served on him shall be guilty of an offence.<\/p>\n<p>(ii) A road authority may repair any damage and take measures to prevent or reduce any damage relating to an activity under paragraph (a) and may, where it has not given its consent under that paragraph, recover from the person carrying out the activity or the owner or occupier of the land, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it.<\/p>\n<p>(16) Where a road authority\u2014<\/p>\n<p>(a) proposes to enter on any land under subsection (12),<\/p>\n<p>(b) has entered or proposes to enter on any land under subsection (3), (13) or (15),<\/p>\n<p>it shall as soon as may be serve on the owner or occupier of the land, a notice stating that it proposes to enter or has entered on the land and specifying the action that it proposes to take or has taken thereon.<\/p>\n<p>(17) In this section, \u201cdrain\u201d includes\u2014<\/p>\n<p>(a) a ditch, channel, gutter, pipe, tunnel, culvert, soakpit, percolation area or percolation trench,<\/p>\n<p>(b) a barrier to divert water into a drain.<\/p>\n<p>Section 77<br \/>\nRoad traffic noise.<\/p>\n<p>77.\u2014F111[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F111<br \/>\nRepealed (27.11.2009) by Public Transport Regulation Act 2009 (37\/2009), s. 42(1) and sch. 1, pt. 2 item 4, commenced on enactment.<\/p>\n<p>Section 77A<br \/>\nF112[Use of cameras and other devices on roads to obtain data<\/p>\n<p>77A.\u2014 &#8230;]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F112<br \/>\nInserted by Road Traffic and Roads Act 2023 (16\/2023), s. 46, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C59<br \/>\nProspective affecting provision: section inserted by Road Traffic and Roads Act 2023 (16\/2023), s. 46, not commenced as of date of revision.<\/p>\n<p>F112[77A.\u2014 (1) A road authority may set up and operate cameras and other data-gathering devices, or cause cameras or such devices to be set up and operated, on any public road situated in its functional area for any of the following purposes:<\/p>\n<p>(a) the safe and efficient management, operation and use of public roads, including traffic management and providing information to the public;<\/p>\n<p>(b) charging and collecting tolls and the operation of toll roads;<\/p>\n<p>(c) the deterrence, prevention, investigation and detection of criminal offences, including road traffic offences;<\/p>\n<p>(d) any other purpose prescribed by the Minister.<\/p>\n<p>(2) A road authority shall obtain the written consent of the Authority before it sets up or operates cameras or other data-gathering devices, or causes cameras or such devices to be set up or operated, on a national managed road.<\/p>\n<p>(3) The Authority may set up and operate cameras and other data-gathering devices, or cause cameras or such devices to be set up and operated, on any public road for any of the purposes specified in paragraphs (a) to (d) of subsection (1).<\/p>\n<p>(4) Before the Authority sets up or operates cameras or other data-gathering devices, or causes cameras or such devices to be set up or operated, on a road other than a national road, it shall obtain the written consent of the road authority in whose functional area the road is situated.<\/p>\n<p>(5) The Minister may provide by regulations that the exercise by a road authority of a power in subsection (1) or by the Authority of a power referred to in subsection (3) be subject to authorisation by the Minister or to conditions, and such regulations may prescribe criteria by which the Minister may grant or refuse such authorisation and conditions subject to which the Minister may grant an authorisation or subject to which the powers may be exercised without authorisation.<\/p>\n<p>(6) Each road authority shall publish, and update, a schedule of such cameras and other data-gathering devices as the Minister may prescribe that are in operation on any road situated in its functional area for any of the purposes specified in paragraphs (a) to (d) of subsection (1) as soon as possible after this section comes into operation and in such manner and at such times as the Minister prescribes.<\/p>\n<p>(7) The Authority shall publish, and update, a schedule of such cameras and other data-gathering devices as the Minister may prescribe that are in operation on any national road for any of the purposes specified in paragraphs (a) to (d) of subsection (1) as soon as possible after this section comes into operation and in such manner and at such times as the Minister prescribes.<\/p>\n<p>(8) The Minister may, by regulations, provide for data obtained using cameras and other data-gathering devices operated by or on behalf of a road authority or the Authority on public roads to be processed and to be provided to any of the following persons, or for any of the following persons to be given access to such data, for any of the purposes specified in paragraphs (a) to (d) of subsection (1):<\/p>\n<p>(a) a local authority;<\/p>\n<p>(b) the Authority;<\/p>\n<p>(c) the Garda S\u00edoch\u00e1na;<\/p>\n<p>(d) the National Transport Authority;<\/p>\n<p>(e) the Road Safety Authority;<\/p>\n<p>(f) any other person to whom the Minister considers that it is necessary, for any of the purposes specified in paragraphs (a) to (d) of subsection (1), that the data or access to the data be provided or given, and so prescribes.<\/p>\n<p>(9) Regulations under subsection (8) shall provide that personal data only be provided to persons, or access to data only be given to persons, on specified conditions.<\/p>\n<p>(10) Regulations under subsection (8) may provide for the entry into data-sharing agreements between a road authority, or the Authority, and persons to whom data is to be provided or access to data is to be given, which agreements may specify:<\/p>\n<p>(a) the personal data to be provided, and to which access is to be given,<\/p>\n<p>(b) how personal data provided or to which access is given is to be processed after it has been provided or such access has been given,<\/p>\n<p>(c) that a data protection impact assessment be carried out under section 84 of the Data Protection Act 2018 or Article 35 of Regulation (EU) 2016\/679 of the European Parliament and of the Council of 27 April 20164,<\/p>\n<p>(d) the security measures to apply to the transmission, storage and accessing of data to which the agreement applies (in a manner that does not compromise those security measures),<\/p>\n<p>(e) requirements in relation to the retention of\u2014<\/p>\n<p>(i) data provided or to which access is given, and<\/p>\n<p>(ii) information resulting from the processing of that data, for the duration of the agreement and in the event that the agreement is terminated,<\/p>\n<p>(f) the method to be employed to destroy or delete\u2014<\/p>\n<p>(i) data provided or to which access is given, and<\/p>\n<p>(ii) information resulting from the processing of that data, at the end of the period for which the data is to be retained in accordance with the agreement,<\/p>\n<p>and<\/p>\n<p>(g) the procedure in accordance with which a party may withdraw from the agreement.<\/p>\n<p>(11) The Minister may prescribe suitable and specific measures, including measures specified in section 36(1) of the Data Protection Act 2018, to be taken by a road authority or the Authority to safeguard the fundamental rights and freedoms of data subjects in processing personal data of those subjects and that enable processing of such data only in so far as is necessary and proportionate for any of the purposes specified in paragraphs (a) to (d) of subsection (1).<\/p>\n<p>(12) The Minister shall prescribe measures to safeguard personal data obtained using cameras and other data-gathering devices operated by or on behalf of a road authority or the Authority on public roads, or provided or to which access is given under this section, including any of the following:<\/p>\n<p>(a) limitations on access to the data undergoing processing within a workplace in order to prevent unauthorised consultation, alteration, disclosure or erasure of personal data,<\/p>\n<p>(b) time-limits for the erasure of data and mechanisms to ensure that such limits are observed,<\/p>\n<p>(c) specific targeted training for those involved in processing operations, and<\/p>\n<p>(d) having regard to the state of the art, the context, nature, scope and purposes of data processing and the likelihood of risk to, and the severity of any risk to, the rights and freedoms of data subjects\u2014<\/p>\n<p>(i) logging mechanisms to permit verification of whether and by whom the personal data have been consulted, altered, disclosed or erased,<\/p>\n<p>(ii) in cases in which it is not mandatory under Regulation (EU) 2016\/679 of the European Parliament and of the Council of 27 April 20165, designation of a data protection officer,<\/p>\n<p>(iii) pseudonymisation of the data, and<\/p>\n<p>(iv) encryption of the data.<\/p>\n<p>(13) The Minister may issue guidelines relating to the operation of this section and may amend or cancel any such guidelines and any person carrying out a function under this section shall have regard to such guidelines.<\/p>\n<p>(14) The Minister may make such further regulations as the Minister considers necessary for the purposes of enabling this section to have effect.<\/p>\n<p>(15) Nothing in this section shall affect an authorisation under section 38 of the Garda S\u00edoch\u00e1na Act 2005.]<\/p>\n<p>4 OJ No. L 119, 4.5.2016, p. 1<\/p>\n<p>5 OJ No. L119,4.5.2016, p. 1<\/p>\n<p>Section 78<\/p>\n<h4>Powers of inspection.<\/h4>\n<p>78.\u2014(1) In this section \u201cauthorised person\u201d means a person authorised for the purposes of this section by the Minister, the Authority or a road authority.<\/p>\n<p>(2) Any authorised person shall be entitled to enter at all reasonable times (subject to his producing, if so required, his authority in writing as such person) and inspect any land or any thing on, in or under any land for the purposes of any enactment (including this Act) relating to the construction or maintenance of public roads or for any purpose incidental thereto.<\/p>\n<p>(3) An authorised person shall be entitled in the performance of his functions under this section to take with him on to land such persons and equipment as he considers necessary to assist him and to carry out such surveys, investigations, excavations, borings or tests, to take samples or to do any other thing which he considers necessary for the purposes referred to in subsection (2).<\/p>\n<p>(4) Where an authorised person is refused entry to land in the exercise of his functions under this section the Minister, the Authority or the road authority, as the case may be, may apply to the District Court for a warrant authorising such entry.<\/p>\n<p>(5) (a) If, on a claim made to the Minister, the Authority or the road authority, as the case may be, it is shown that, as a result of the exercise of any function under this section, any person has suffered damage, that person shall be entitled to be paid by the Minister, the Authority or the road authority, as the case may be, compensation in respect of the damage and the amount of the damage may, in default of agreement, be determined by any court of competent jurisdiction.<\/p>\n<p>(b) A claim under this section shall be made within (but not after)\u2014<\/p>\n<p>(i) six months after the damage is suffered, or<\/p>\n<p>(ii) such longer period as the court may allow if it appears to the court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.<\/p>\n<p>Section 79<\/p>\n<h4>Service of notices.<\/h4>\n<p>79.\u2014(1) Whenever the Minister is satisfied in relation to a notice required to be served under this Act that\u2014<\/p>\n<p>(a) reasonable grounds exist for dispensing with the service of the notice, and<\/p>\n<p>(b) the dispensing with the service of the notice will not cause injury or damage to any person,<\/p>\n<p>he may dispense with the service of the notice and every such dispensation shall have effect according to the terms thereof.<\/p>\n<p>(2) Where a notice is required or authorised by or under this Act to be served on a person, it shall be addressed to him and shall be served on or given to him in some one of the following ways:<\/p>\n<p>(a) where it is addressed to him by name, by delivering it to him,<\/p>\n<p>(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address,<\/p>\n<p>(c) by sending it by post in a prepaid registered letter, or by any other form of recorded delivery service prescribed by the Minister, addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address,<\/p>\n<p>(d) where the address at which he ordinarily resides cannot be ascertained by reasonable inquiry and the notice is so required or authorised to be served in respect of any land, premises or structure, by delivering it to some person over sixteen years of age resident or employed on such land or premises or by affixing it in a conspicuous position on or near such land, premises or structure.<\/p>\n<p>(3) Where a notice is required by or under this Act to be served on an owner or occupier of any land, premises or structure and the name of the owner or of the occupier, as the case may be, cannot be ascertained by reasonable inquiry, it may be addressed to \u201cthe owner\u201d or \u201cthe occupier\u201d, as the case may require, without naming him.<\/p>\n<p>(4) A person who, at any time during the period of three months after a notice is affixed under subsection (2) (d), removes, damages or defaces the notice without lawful authority shall be guilty of an offence.<\/p>\n<p>(5) For the purposes of this section, a company within the meaning of the F113[Companies Acts], shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F113<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>Section 80<\/p>\n<h4>Offence of obstruction.<\/h4>\n<p>80.\u2014A person who obstructs or impedes or assists a person to obstruct or impede the Authority or a road authority or an authorised person within the meaning of section 69, 71, 72 or 78 in the performance of any of their functions under any enactment (including this Act) relating to the construction or maintenance of public roads shall be guilty of an offence.<\/p>\n<p>Section 81<\/p>\n<h4>Prosecution and penalties.<\/h4>\n<p>81.\u2014F114[(1) (a) A person guilty of an offence under section 46(6) is liable\u2014<\/p>\n<p>(i) on summary conviction to a fine not exceeding \u20ac5,000, or<\/p>\n<p>(ii) on conviction on indictment, to a fine not exceeding \u20ac250,000.<\/p>\n<p>(b) A person guilty of an offence under this Act (other than section 64 or the provisions mentioned in paragraphs (a) and (c)) is guilty of an offence and is liable on summary conviction to a fine not exceeding \u20ac5,000.<\/p>\n<p>(c) A person guilty of an offence under section 43(5), 44(5), 45(3), F115[61(10),] 64A(4), 68(2) or 79(4) is liable on summary conviction to a fine not exceeding \u20ac2,000.]<\/p>\n<p>(2) Where an offence under this Act which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager, or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.<\/p>\n<p>(3) (a) Save as is provided for in paragraphs (b), (c) and (d) of this subsection, a summary offence under any provision of this Act may be prosecuted by F116[the road authority concerned].<\/p>\n<p>(b) An offence under section 64 may be prosecuted by F116[the road authority concerned] as defined for the purposes of Part V.<\/p>\n<p>(c) An offence under section 73 may be prosecuted by F116[the local authority concerned] as defined for the purposes of that section.<\/p>\n<p>(d) An offence under section 80 may be prosecuted by the Minister, the Authority or F116[the road authority concerned].<\/p>\n<p>(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence to which any provision of this Act relates may be instituted within twelve months from the date of the offence.<\/p>\n<p>F117[(5) Any costs of a road authority, a local authority or the Minister under this Act incurred in or in connection with the prosecution of a person for an offence under this Act for which the person is convicted may be recovered by the road authority, local authority (within the meaning of section 73) or the Minister, as the case may be, as a debt due and payable to the road authority, local authority or the Minister, as the case may be, by the convicted person.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F114<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment. A fine of \u20ac5,000 translates into a class A fine, not greater than \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010. A fine of \u20ac2,000 translates into a class C fine, not greater than \u20ac2,500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F115<br \/>\nInserted (27.11.2009) by Public Transport Regulation Act (37\/2009), s. 42(1) and sch. 1, pt. 2, commenced on enactment.<\/p>\n<p>F116<br \/>\nSubstituted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>F117<br \/>\nInserted (11.07.2007) by Roads Act 2007 (34\/2007), s. 11 and sch., commenced on enactment.<\/p>\n<p>Section 82<\/p>\n<h4>Grants to road authorities.<\/h4>\n<p>F118[82.\u2014 The Minister may, subject to such conditions as he sees fit, in each financial year\u2014<\/p>\n<p>(a) make grants, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, out of moneys provided by the Oireachtas to road authorities in respect of any or all of their functions under this Act or otherwise in relation to public roads,<\/p>\n<p>(b) request the Authority to, and if requested the Authority shall\u2014<\/p>\n<p>(i) make grants to road authorities in respect of any or all of their functions under this Act or otherwise in relation to regional and local roads, or<\/p>\n<p>(ii) make payments to any person in relation to regional and local roads,<\/p>\n<p>and<\/p>\n<p>(c) make payments, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform out of moneys provided by the Oireachtas, to any person in relation to public roads.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F118<br \/>\nSubstituted (5.06.2015) by Roads Act 2015 (14\/2015), s. 26, commenced on enactment.<\/p>\n<p>Section 82A<br \/>\nF119[<\/p>\n<h4>Administration of grants to road authorities<\/h4>\n<p>82A.\u2014 The Minister may request the Authority to, and if requested the Authority shall, administer the payment of grants to road authorities under paragraph (b) (i) of section 82 on his or her behalf and to do all such things as arise out of, are consequential on or are necessary in the administration of such payments.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F119<br \/>\nInserted (6.05.2015) by Roads Act 2015 (14\/2015), s. 26, commenced on enactment.<\/p>\n<p>Section 83<br \/>\nApplication of moneys.<\/p>\n<p>83.\u2014Moneys accruing to a road authority under this Act shall be applied in accordance with regulations made by the Minister.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E99<br \/>\nPower pursuant to section exercised (1.07.1994) by Roads Regulations 1994 (S.I. No. 119 of 1994).<\/p>\n<p>Section 84<\/p>\n<h4>Disposal of proceeds of sale.<\/h4>\n<p>84.\u2014Where a road authority or the Commissioner become entitled to dispose or procure the disposal of anything removed from a public road under this Act, then the authority or the Commissioner shall be entitled to sell the thing for the best price reasonably obtainable and upon doing so shall pay to the person who was the owner (where the name and address of such owner can be ascertained by reasonable inquiry) of the thing at the time of its removal a sum equal to the proceeds of such sale after deducting therefrom any expenditure reasonably incurred by the authority or the Commissioner in its removal, storage and sale.<\/p>\n<p>Section 85<\/p>\n<h4>Expenses of Minister.<\/h4>\n<p>85.\u2014The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Schedule 1<br \/>\nFIRST SCHEDULE<\/p>\n<p>Enactments Repealed<\/p>\n<h2>LOCAL GOVERNMENT ACT 2001<\/h2>\n<p>&nbsp;<\/p>\n<p>Chapter 4<\/p>\n<h4>Non-Public Roads \u2014 Local Improvement Schemes<\/h4>\n<p>Section 81<\/p>\n<h4>Assistance towards non-public roads.<\/h4>\n<p>81.\u2014(1) In this section\u2014<\/p>\n<p>F104[&#8220;functional area&#8221; means\u2014<\/p>\n<p>(a) a county, or<\/p>\n<p>(b) so much of the area of the city and county that does not comprise of the area of a dissolved local authority area of a city council;]<\/p>\n<p>\u201cimprovement\u201d includes associated drainage works;<\/p>\n<p>\u201cnon-public road\u201d means a road which is not a public road within the meaning of the Roads Act, 1993;<\/p>\n<p>\u201croad\u201d has the same meaning as in the Roads Act, 1993;<\/p>\n<p>\u201croad authority\u201d means a county council.<\/p>\n<p>(2) The Minister may make a grant to a road authority in relation to assistance by the authority towards the construction or improvement of non-public roads in its functional area.<\/p>\n<p>(3) A road authority may provide assistance by way of the carrying out of works, a financial contribution or otherwise towards the construction or improvement of a non-public road which\u2014<\/p>\n<p>(a) provides access to parcels of land of which at least 2 are owned or occupied by different persons, or<\/p>\n<p>(b) provides access for harvesting purposes (including turf or seaweed) for 2 or more persons, or<\/p>\n<p>(c) shall in the opinion of the road authority be used by the public.<\/p>\n<p>(4) Assistance by a road authority under this section shall be\u2014<\/p>\n<p>(a) conditional on a prior written agreement by the parties concerned with the road authority and a financial contribution by such parties, and<\/p>\n<p>(b) subject to such other terms and conditions as the Minister may consider appropriate.<\/p>\n<p>(5) The provision of assistance by a road authority under this section does not make the authority liable for the maintenance of the non-public road in question nor impose any other duties or liabilities on the authority in respect of such road.<\/p>\n<p>(6) After consultation with the Minister and with the consent of the Minister for Finance, any other Minister of the Government may make a grant to a road authority in relation to the construction or improvement of non-public roads in accordance with a scheme made by him or her.<\/p>\n<p>(7) Section 6(2) of the Local Government Act, 1998, is hereby amended by the substitution of the following for paragraph (b):<\/p>\n<p>\u201c(b) the carrying out of works under section 81 of the Local Government Act, 2001, or\u201d.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F104<br \/>\nSubstituted (1.06.2014) by Local Government Reform Act 2014 (1\/2014), s. 5(1) and sch. 1 part 1 ref. 58, S.I. No. 214 of 2014.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C31<br \/>\nFunctions transferred and references to \u201cDepartment of Finance\u201d and \u201cMinister for Finance\u201d in subs. (6) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).<\/p>\n<p>2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.<\/p>\n<p>(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under the provisions of \u2014<\/p>\n<p>(a) the enactments specified in Schedule 1, and<\/p>\n<p>(b) the statutory instruments specified in Schedule 2,<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule 1<\/p>\n<p>Enactments<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>1922 to 2011 Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 37 of 2001<\/p>\n<p>Local Government Act 2001<\/p>\n<p>Sections 66(7), 81(6), 92(2), 109(8), 169(1)(a), 212(3) and 231(1)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Note change of name of Department and Minister to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19\/2023), in effect as per art. 1(2).<\/p>\n<p>C32<br \/>\nFunctions transferred and references to \u201cDepartment of the Environment, Heritage and Local Government\u201d and \u201cMinister for the Environment, Heritage and Local Government\u201d construed (1.01.2008) by Roads and Road Vehicles (Transfer of Departmental Administration and Ministerial Functions) Order 2007 (S.I. No. 815 of 2007), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).<\/p>\n<p>2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Transport.<\/p>\n<p>(2) References to the Department of the Environment, Heritage and Local Government contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Transport.<\/p>\n<p>3. (1) The functions vested in the Minister for the Environment, Heritage and Local Government by or under\u2014<\/p>\n<p>(a) an Act set out in the first column of Part 1 of the Schedule, and<\/p>\n<p>(b) a statutory instrument set out in the first column of Part 2 of the Schedule,<\/p>\n<p>are transferred to the Minister for Transport to the extent specified in the second column of the Part concerned opposite the mention of Act or statutory instrument (as the case may be) so set out.<\/p>\n<p>&#8230;<\/p>\n<p>5. Anything commenced before the commencement of this Order by or under the authority of the Minister for the Environment, Heritage and Local Government may, in so far as it relates to functions transferred by this Order to the Minister for Transport, be carried on or completed on or after such commencement by the Minister for Transport.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule<\/p>\n<p>Part 1<\/p>\n<p>Acts, certain functions under which are transferred from the Minister for the Environment, Heritage and Local Government to the Minister for Transport<\/p>\n<p>&#8230;<\/p>\n<p>Short Title of Act and number<\/p>\n<p>Extent of transfer of functions to the Minister for Transport<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Local Government Act 2001 (No. 37 of 2001)<\/p>\n<p>Section 81<\/p>\n<p>&#8230;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19482\" data-postid=\"19482\" class=\"themify_builder_content themify_builder_content-19482 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Drains &amp; Water A road authority may construct and maintain drains under or through land for the purpose of draining water from or preventing water from flowing onto a public road.\u00a0 It may use any land for temporary storage or preparation of gravel, stone, earth and other material required for the construction and maintenance of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[280],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19482"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19482"}],"version-history":[{"count":14,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19482\/revisions"}],"predecessor-version":[{"id":35866,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19482\/revisions\/35866"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19482"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19482"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19482"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}