PART II

Waterways Ireland

8. — In this Part, unless the context otherwise requires—

“the Act of 1990” means the Shannon Navigation Act, 1990 ;

“the Body” shall be construed in accordance with section 9 ;

“the Council” means the North/South Ministerial Council when performing functions in relation to the Body, functions of the Body or the waterways;

“the Minister” means the Minister for Arts, Heritage, Gaeltacht and the Islands;

“the waterways” means the inland waterways in relation to which, pursuant to the Agreement, the Body for the time being performs functions and “waterway” shall be construed accordingly.

9. —(1) The implementation body for inland waterways established by the Agreement and known as Waterways Ireland is referred to in this Part as “the Body”.

(2) The Body shall be recognised as, and as having all the attributes of, a body corporate, including perpetual succession, the power to acquire, hold and dispose of land or other property and the power to sue.

(3) The Body may be sued in its corporate name.

10. —(1) The functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement, be those specified in Part 1 of Annex 1 to the Agreement and sections 11 and 41 have effect for the purpose of the said paragraph 1.

(2) The arrangements specified in Parts 1 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of Article 2 of the Agreement, apply to the Body.

(3) Paragraph 1 of Article 3 of the Agreement shall apply to the Body.

(4) The Body shall not permanently close a waterway, or part of a waterway, without the approval of the Council.

(5) (a) The Minister may be order provide for the performance, in relation to any inland waterway specified in the order, of the functions of the Body, or such of its functions as may be so specified, from such date as may be so specified.

(b) The Minister may be order amend or revoke an order under this subsection.

11. —(1) Subject to subsections (4) and (5), the functions of the Minister in relation to the waterways are hereby transferred to the Body.

(2) References to, or which are to be construed as references to, the Minister or the Department of Arts, Heritage, Gaeltacht and the Islands in any statute or instrument made under any statute and relating to any functions transferred by this section shall, in so far as they relate to those functions, be construed as references to the Body.

(3) The functions, assets, rights and liabilities of Bord Fáilte éireann as a member of Shannon-Erne Waterway Promotions Limited are hereby transferred to the Body and references in the Memorandum or Articles of Association of that Company to Bord Fáilte éireann shall be construed as references to the Body.

(4) Subsection (1) does not apply to the functions of the Minister under section 2 of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998 , in so far as it relates to the waterways.

(5) The powers of the Body under—

(a) sections 6(f) and 7(1) of the Canals Act, 1986 , and

(b) section 2(h) and subsections (1) and (3) of section 3 of the Act of 1990,

shall not be exercised by the Body without the consent of the Minister.

12. —(1) The Body may, with the consent of the Council, acquire compulsorily any land (including an inland waterway or part of an inland waterway) or any right, easement, title or interest in, over or in respect of any land (including an inland waterway or part of an inland waterway).

(2) The Body shall not acquire or dispose of an inland waterway or part of an inland waterway without the consent of the Council.

(3) The Schedule to the Act of 1990 shall apply for the purposes of the compulsory acquisition of land (including an inland waterway or part of an inland waterway) by the Body as if—

(a) for the references to the Minister there were substituted references to Waterways Ireland,

(b) for paragraph 2 there were substituted the following paragraph:

“2. (1) The occupier or any owner of land in respect of which a notice under paragraph 1(1)(b) has been published may, within two months after the date of such publication, submit to Waterways Ireland an objection in writing to the proposed compulsory acquisition referred to in the notice.

(2) An objection under subparagraph (1) may be withdrawn by the person who submitted it by notice in writing sent to Waterways Ireland or to the Minister.

(3) (a) Where, in relation to the proposed compulsory acquisition of land under the British-Irish Agreement Act, 1999, an objection is submitted to Waterways Ireland in accordance with subparagraph (1) and is not withdrawn, the objection shall be considered by the Minister and the land shall not be acquired compulsorily without the consent of the Minister.

(b) Where a public right of way exists over land proposed to be compulsorily acquired under this Act, the land shall not be acquired compulsorily without the consent of the Minister.

(4) An application by Waterways Ireland for the consent of the Minister to the compulsory acquisition of land under the British-Irish Agreement Act, 1999, shall be accompanied by—

(a) a copy of any objection concerned under subparagraph (1),

(b) a copy of the newspaper containing the notice specified in paragraph 1(1)(b),

(c) a copy of the notice specified in paragraph 1(1)(c), and

(d) a copy of the map or plan of the land deposited in pursuance of paragraph 1(1)(a),

and Waterways Ireland shall furnish to the Minister such other information in relation to the acquisition as the Minister may require.

(5) On an application under subparagraph (4) in relation to land—

(a) in case the Minister is of opinion that the provisions of paragraph 1 have not been complied with in relation to the land or part of the land, he or she shall refuse to grant his or her consent to the compulsory acquisition of the land or, as the case may be, refuse to grant his or her consent to the compulsory acquisition of the part and grant his or her consent to the compulsory acquisition of the remainder of the land,

(b) in any other case, the Minister shall grant his or her consent to the compulsory acquisition of the land.”,

and

(c) for clause (c) of paragraph 3(1) there were substituted the following clause:

“(c) the Minister gives his or her consent to the compulsory acquisition thereof by Waterways Ireland,”,

and with any other necessary adaptations.

13. — The following are hereby repealed:

(a) section 6(d) (in so far as it relates to the compulsory acquisition of land or a right over land) of, and the Second Schedule to, the Canals Act, 1986 ,

(b) section 2(f) of the Act of 1990 (in so far as it relates to the compulsory acquisition of land or any right, easement, title or interest of any kind, in, over or in respect of land), and

(c) paragraph (a) (in so far as it relates to the waterways) and paragraph (d) (in so far as it relates to the functions of the Minister in relation to waterways) of section 5(1) of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998.