No. 11/1938:

CEMENT (AMENDMENT) ACT, 1938

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and citation.

2 Definition and construction.

3 Repeals.

4 Expenses.

PART II AMENDMENT OF PART IV OF THE PRINCIPAL ACT

5 Amendment of section 24 of the Principal Act.

6 Amendment of Section 25 of the Principal Act.

7 Amendment of section 26 of the Principal Act.

8 Amendment of section 28 of the Principal Act.

9 Provisions in relation to transport works order.

10 Regulations in relation to maintenance and operation of transport work.

11 Regulations in relation to use of electrical power.

PART III IMPORTATION OF CEMENT

12 Cement manufactured in a particular country.

13 Restriction on importation of cement.

14 Import (cement) licences.

15 Fees in respect of import (cement) licences.

16 Return of import (cement) licences.

17 Revocation of import licences.

18 Repayment of licence fees.

SCHEDULE

AN ACT TO AMEND PART IV OF THE CEMENT ACT, 1933 , TO MAKE OTHER PROVISIONS FOR REGULATING AND CONTROLLING THE IMPORTATION OF CEMENT, TO PROVIDE FOR THE PAYMENT OF FEES IN RESPECT OF LICENCES TO IMPORT CEMENT, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[13th April, 1938.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Cement (Amendment) Act, 1938 .

(2) The Principal Act and this Act may be cited together as the Cement Acts, 1933 and 1938.

2.—(1) In this Act the expression "the Principal Act" means the Cement Act, 1933 (No. 17 of 1933).

(2) The Principal Act and this Act shall be construed together, and accordingly every word or expression to which a particular meaning is given by or in the Principal Act for the purposes of that Act has, in this Act, the meaning so given to it.

3.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.

4.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II AMENDMENT OF PART IV OF THE PRINCIPAL ACT

5.—Section 24 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lien of sub-section (2), and the said section shall be construed and have effect accordingly, that is to say:—

"(2) Every application for a transport works order shall be accompanied by a draft of the proposed order, a plan of the proposed transport works and book of reference to such plan, and such draft, plan and book of reference shall be in such form as the Minister may direct."

6.—Sub-section (1) of section 25 of the Principal Act is hereby a mended by the insertion at the end thereof of the following new paragraph, and the said section be construed and have effect accordingly, that is to say:—

"( c ) send to such persons (if any) as the Minister may direct a copy of such draft order, plan and book of reference."

7.—Section 26 of the Principal Act is hereby amended by the insertion therein of the following sub-section in lieu of sub-section (2), and the said section shall be construed and have effect accordingly, that is to say:—

"(2) The following provisions shall have effect in relation to all fees payable under this section, that is to say:—

( a ) such fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance;

( b ) the Public Offices Fees Act, 1879, shall not apply in respect of such fees."

8.—Section 28 of the Principal Act is hereby amended in the following respects, and shall be construed and have effect accordingly, that is to say:—

( a ) by the insertion after the words "such consideration" of the words "and after consultation with the Minister for Local Government and Public Health,"; and

( b ) by the substitution of the words "in such manner, subject to such restrictions and provisions and on such terms and conditions as the Minister thinks proper and specifies in such order" for the words "and such order shall have effect accordingly".

9.—(1) The following provisions shall have effect in relation to a transport works order granted to the holder of a cement manufacture licence, that is to say:—

( a ) such order shall contain such pro-visions as the Minister thinks necessary or expedient for the purpose of such order;

( b ) without prejudice to the generality of paragraph (a) of this sub-section—

(i) such order may contain provisions authorising such holder to acquire compulsorily any land the acquisition of which is, in the opinion of the Minister, necessary for giving effect to such order,

(ii) such order may grant to such holder any rights in or over land or water, or in or over any public road the grant of which is, in the opinion of the Minister, necessary for giving effect to such order,

(iii) such order shall, in respect of any land so acquired or any right over land or water so granted, provide for the payment of compensation by such holder to the several persons having estates or interests in such land or water, and shall provide that any question of disputed compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919,

(iv) such order may incorporate all or any of the provisions of the Lands Clauses Acts, with such modifications and adaptations as the Minister thinks proper,

(v) such order shall specify the manner in which the transport works to which such order relates are to be constructed,

(vi) such order may contain provisions as to the manner in which such transport works are to be operated and maintained,

(vii) such order shall contain provisions limiting the use of such transport works to purposes relating to the business authorised by such cement manufacture licence and to such other purposes (if any) as may be specified in such order,

(viii) such order shall contain all such provisions as the Minister thinks proper for the protection of the public generally and any persons affected by such order,

(ix) such order may provide that where such holder acts in contravention (whether by commission or omission) of any specified provision of such order, such holder shall be guilty of an offence under such order and shall be liable on summary conviction thereof to such fine (not exceeding one hundred pounds) as may be specified in such order in respect of such offence and, in the case of a continuing offence, such further fine (not exceeding twenty pounds) as may be specified in such order in respect of such offence for each day during which such offence is continued after conviction thereof,

(x) such order may incorporate any provisions (including penal provisions) contained in any enactment relating to railways, with such adaptations and modifications as the Minister thinks proper,

(xi) such order may provide for the determination by arbitration of any specified questions arising thereunder,

(xii) such order may contain such provisions ancillary or incidental to any of the matters aforesaid as the Minister considers necessary and proper.

(2) The Minister may amend under section 30 of the Principal Act, any transport works order made before the passing of this Act by inserting in such transport works order any provision which could lawfully have been inserted therein if this section had been in force when such transport works order was made.

(3) Every order made under Part IV of the Principal Act or under the said Part IV as amended by this Act shall have the force of law.

(4) All expenses incurred by the Minister in the exercise of his powers and functions under a transport works order shall, to such extent as may be determined by the Minister for Finance, be paid to the Minister by the person to whom such order is granted.

10.—Where the Minister has (whether before or after the passing of this Act) made a transport works order authorising a person (in this section referred to as the authorised person) to construct, maintain and operate transport works of a particular kind, the following provisions shall have effect, that is to say:—

( a ) the Minister may make regulations (not inconsistent with such order) in relation to the manner in which such transport works are to be maintained and operated by the authorised person and by any other person operating such works on behalf of the authorised person;

( b ) if the authorised person or such other person acts in contravention (by omission or commission) of such regulations, the authorised person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, a further fine not exceeding five pounds for each day during which the offence is continued after conviction thereof.

11.—Where the Minister has (whether before or after the passing of this Act) made a transport works order authorising a person (in this section referred to as the authorised person) to construct, maintain and operate transport works of a particular kind and has by such order authorised such transport works to be operated by electrical power, the following provisions shall have effect, that is to say:—

( a ) the Minister may, after consultation with the Electricity Supply Board, make such regulations as he may think fit for securing that the electrical power shall be used by the authorised person and by any other person operating such works on behalf of the authorised person with all reasonable and proper precautions against danger to the public or damage to the property of any person;

( b ) in making such regulations the Minister shall have regard to the expense occasioned thereby to the authorised person and to the effect thereof on the financial prospects of the authorised person;

( c ) if the authorised person or any other person operating such transport works on behalf of the authorised person uses such electrical power in contravention of such regulations, the authorised person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, a further fine of five pounds for each day during which the offence is continued after conviction thereof;

( d ) if in the opinion of the Minister the authorised or any person operating such transport works on behalf of the authorised person has used such electrical power in contravention of such regulations, whether the authorised person has or has not been convicted of an offence, or the Minister is satisfied that the use of such power is a danger to the public, he may by order require the authorised person to cease to exercise the powers conferred by such transport works order with respect to the use of electrical power and thereupon the authorised person shall cease to exercise such powers except with the consent of the Minister and subject to such terms and conditions as he think fit.

PART III IMPORTATION OF CEMENT

12.—(1) For the purposes of this Part of this Act, cement shall be deemed to have been manufactured in a particular country if, but only if, either—

( a ) the prescribed proportion of its value is derived from expenditure of a prescribed kind incurred in that country in respect of materials produced or work done in that country, or

( b ) the prescribed operations connected with its production have been carried out in that country.

(2) The Minister may make regulations in relation to any matter referred to in sub-section (1) of this section as prescribed, and the word "prescribed" in the said sub-section means prescribed by such regulations.

13.—(1) It shall not be lawful for any person to import any cement unless—

( a ) such cement is imported under and in accordance with a licence issued by the Minister under this Part of this Act; or

( b ) such cement is imported for the purposes only of transit and subsequent exportation.

(2) For the purposes of sub-section (1) of this section every licence granted by the Minister under Part V of the Principal Act and in force immediately before the commencement of this Act shall continue in force and be deemed to be a licence issued by the Minister under this Part of this Act.

(3) if any person imports any cement in contravention of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to, in the case of a first offence under this section, a fine not exceeding one hundred pounds or, in the case of a second or any subsequent offence under this section, a fine not exceeding two hundred pounds.

(4) Cement prohibited to be imported by virtue of this section shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.

14.—(1) On the application of any person made in such form and containing such particulars as the Minister may direct, the Minister may, if he thinks fit, issue to such person a licence (in this Part of this Act referred to as an import (cement) licence) to import within a specified period a specified quantity of cement.

(2) Whenever the Minister issues an import (cement) licence to import cement he may attach to such licence any one or more of the following conditions, that is to say:—

( a ) a condition that such cement shall be of a specified kind;

( b ) a condition that such cement shall be imported from a specified country;

( c ) a condition that such cement shall be cement manufactured in a specified country;

( d ) a condition that such cement shall be imported at a specified port or place or by a specified route;

( e ) a condition that such cement shall not be imported in more than a specified number of consignments;

( f ) such other conditions as he thinks fit.

(3) Whenever the Minister attaches any conditions to an import (cement) licence, he shall specify such conditions in such licence.

(4) Whenever the Minister attaches to an import (cement) licence any conditions, the Minister may at the request of the licensee delete or alter all or any one or more of such conditions.

(5) Every person who, for the purpose of obtaining for himself or any other person an import (cement) licence, makes any statement or representation which is to his knowledge false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

15.—(1) There shall be payable to the Minister in respect of every import (cement) licence a fee calculated by reference to the number of tons of cement authorised by such licence to be imported and at such rate per ton as the Minister may, with the concurrence of the Minister for Finance, fix in respect of such licence, and the payment of such fee shall be a condition precedent to the issue of such licence.

(2) The following provisions shall apply in respect of all fees paid to the Minister under this section, that is to say:—

( a ) such fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance;

( b ) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.

16.—(1) The licensee under an import (cement) licence shall, not later than twenty-eight days after the date on which the period specified in such licence expires or the date on which the quantity of cement authorised by such licence to be imported is imported, whichever of the said dates is the later, return such licence to the Minister.

(2) If the licensee under a cement (import) licence fails, neglects, or refuses to comply with provisions of this section, such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

17.—The Minister may, on the application of the licensee under an import (cement) licence or under a licence granted by the Minister under Part V of the Principal Act, revoke such licence.

18.—(1) Where the Minister revokes an import licence, he shall repay to the licensee the fee paid by him in respect of such licence.

(2) Whenever the quantity of cement imported under an import licence is less than the quantity of cement authorised by such licence to be imported, the Minister shall repay to the licensee under such licence so much of the fee paid in respect of such licence as is proportionate to the difference between the quantity of cement imported under such licence and the quantity of cement authorised by such licence to be imported.

(3) Where the Minister is satisfied that any cement imported under an import licence has become unfit for use the Minister may repay to the licensee the fee paid by him in respect of such licence.

(4) In this section the expression "import licence" shall be construed as equivalent to the expression "an import (cement) licence or a licence granted under Part V of the Principal Act."

SCHEDULE

ENACTMENTS REPEALED.