S.I. No. 228/1982:

ABANDONMENT ORDER, 1982, FOR PART OF THE ATHLONE CANAL.

ABANDONMENT ORDER, 1982, FOR PART OF THE ATHLONE CANAL.

Order of the Minister for Transport dated 20th day of July, 1982 made pursuant to section 45 of the Railway and Canal Traffic Act, 1888, releasing the Commissioners of Public Works in Ireland from all liability to maintain part of the Athlone Canal, and from all statutory and other obligations in respect thereof, or of or consequent on the abandonment thereof.

WHEREAS by section 45 (1) of the Railway and Canal Traffic Act, 1888, it is enacted that, where on the application of any local authority it appears to the Board of Trade that any canal or part of a canal (in that section referred to as a "derelict canal") has for at least three years previously to the making of the application been disused for navigation, the Board of Trade may by warrant signed by their secretary authorise the abandonment by the existing proprietors of such derelict canal; and after the granting of the warrant and the due publication as required by the Board of Trade of a notice of the granting thereof, the Board of Trade may make an order releasing the proprietors of the derelict canal from all liability to maintain the derelict canal and from all statutory and other obligations in respect thereof, or of or consequent on the abandonment thereof:

AND WHEREAS by section 2 (1) of the Ministry of Transport Act, 1919 and the Ministry of Transport (Board of Trade Exception of Powers) Order, 1919, the powers of the Board of Trade in relation to canal undertakings were transferred to the Minister for Transport; and by the Ministers and Secretaries Act, 1924 (No. 16 of 1924) the business, powers, duties and functions of the Ministry of Transport (excluding the Roads Department) and of the Board of Trade were assigned to the Department for Industry and Commerce; and by the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), to the Minister for Transport and Power, whose title was altered to that of the Minister for Transport under the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 11 of 1980 ):

AND WHEREAS the Athlone Canal is part of the Shannon Navigation which has been made under an Act of the Parliament of Ireland 2 George 1st Chapter 12, as amended and extended by Acts of the Parliament of Ireland and the Parliament of the United Kingdom of Great Britain and Ireland, and in particular by the Acts 25 George 2nd Chapter 10, 27 George 3rd Chapter 30, 40 George 3rd Chapter 51, 1 and 2 William 4th Chapter 33, 5 and 6 William 4th Chapter 67, 2 and 3 Vict. Chapter 61 and 9 and 10 Vict. Chapter 86:

AND WHEREAS pursuant to the Act 9 and 10 Vict. Chapter 86, all the powers, authorities and privileges, rights, titles and interest then or previously vested in the Shannon Commissioners vested in and devolved upon the Commissioners of Public Works in Ireland:

AND WHEREAS by a warrant dated the 14th day of July, 1980, and signed by the Assistant Secretary to the Minister for Transport, the Minister for Transport under the powers conferred on him by section 45 of the Railway and Canal Traffic Act, 1888, authorised the abandonment by the Commissioners of Public Works in Ireland of the part of the Athlone Canal set out in the Schedule hereto on the condition that such part of that canal be transferred by the said Commissioners to the Urban District Council of Athlone and on the condition that that part of that canal be transferred by way of lease:

AND WHEREAS notice of the granting of the said warrant has been duly published as required by the Minister for Transport:

NOW, THEREFORE, in pursuance of the powers conferred on him by section 45 of the Railway and Canal Traffic Act, 1888, the Minister for Transport hereby orders that the Commissioners of Public Works in Ireland shall from the date hereof be released from all liability to maintain that part of the Athlone Canal set out in the Schedule hereto and from all obligations arising under the said Act of 2 George 1st Chapter 12 as amended and extended by any other Acts and in particular by the Acts 25 George 2nd Chapter 10, 27 George 3rd Chapter 30, 40 George 3rd Chapter 51, 1 and 2 William 4th Chapter 33, 5 and 6 William 4th Chapter 67, 2 and 3 Vict. Chapter 61 and 9 and 10 Vict. Chapter 86 and from all other obligations in respect thereof, or of or consequent on the abandonment thereof, in so far as such obligations relate to the part of the Athlone Canal set out in the Schedule hereto.

SCHEDULE.

That part of the Athlone Canal which extends from the South face of the Galway Road Bridge to the South face of Heatons Mill Bridge, as shown edged in red on a map of portion of that canal which was deposited by the Commissioners of Public Works in Ireland in the Department of Transport on the 6th day of July, 1982, and has at the top thereof the words "Deposited for the purposes of the Abandonment Order made by the Minister for Transport in the month of July, 1982".

GIVEN under the Official Seal of the Minister for Transport, this 20th day of

July, 1982.

Department of Transport.

D. B. FITZPATRICK.

A person authorised under section 15 (1) of the Ministers and Secretaries

Act, 1924 to authenticate the seal of the said Minister.

EXPLANATORY NOTE.

The effect of this Order is to release the Commissioners of Public Works in Ireland from all liability to maintain that part of the Athlone Canal which extends from the South face of the Galway Road Bridge to the South face of Heatons Mill Bridge as shown edged in red on a map deposited by the Commissioners of Public Works in the Department of Transport on the 6th day of July, 1982.