This Bill has three main objectives. The first is to give local authorities adequate and effective powers to safeguard life from the hazards of dangerous places, such as deep water-filled quarries. The second is to provide more effective procedures for dealing with dangerous buildings. The third is to give a general power to sanitary authorities to enter into agreements with the ESB to abstract water from reservoirs provided by the Board.
Deep water-filled quarries which are inadequately protected have all too frequently been the occasion of tragic loss of lives, more often than not those of young children. Sanitary authorities already have power to protect the public from the hazards presented by dangerous places which adjoin streets or public footpaths. They may require owners to protect or enclose them or may, in default, carry out the works and recover the expenses from the owner. Local authorities, however, are not empowered to act in the case of quarries and other hazards not directly adjoining public roads, even though such places are dangerous to children and others who may gain access to them through private property. Sections 1 and 2 of the Bill propose to remedy this situation.
The definition of a dangerous place in section 1 includes the specific hazards already named in the Public Health Acts Amendment Act, 1907, together with other hazards readily identifiable by location such as quarries, pits and shafts. The definition is extended by the inclusion of the phrase "or land" in order to give it the widest application and so enable authorities to deal with dangerous spots located on rivers, canals, docks, harbours, cliffs etc. The naming of these latter items in the definition, however, would be undesirable as it would imply the possibility of action by the local authority over the whole of their extent. Such action would, for many reasons, be impracticable.
Section 2 will empower sanitary authorities to carry out whatever works are necessary to make dangerous places safe, or, at the request of owners, to carry out such works and obtain a contribution from the owners towards the cost. Where an owner opts to carry out the work, the sanitary authority may make a contribution towards the cost.
Local authorities have already been authorised in anticipation of this legislation to take immediate action with the consent of the owner, in regard to dangerous quarries situated in their areas. A circular letter was issued to all sanitary authorities last January, recommending that they should take immediate protective action in relation to quarries which are known to be dangerous; and that the owner's prior consent should be obtained on the understanding that the cost of protective works would be met in full from public funds. It was also indicated that the State would pay, by way of grant, a proportion, up to a maximum of 50 per cent, of the cost of approved works.
Substantial expenditure may be incurred by sanitary authorities in carrying out works under section 2. The land when reclaimed by draining and filling may be suitable for development by the local authority for housing, recreational or other purposes. There is some doubt as to whether a sanitary authority's existing power to acquire land would apply in all such cases. Section 6 gives a clear authority for acquisition.
Sections 7 to 15 deal with the procedure to be followed in regard to the acquisition, development or disposal of land acquired under section 6. The procedure is generally the same as that provided for in the Derelict Sites Act, 1961, which has proved generally satisfactory in practice. Compulsory acquisition will be effected by vesting Order. Notice of intention to acquire land must be given to the owner and occupier who may object to the proposal within a month. Where objection is made and not withdrawn the land may not be acquired compulsorily without the Minister's consent. The provision in the Derelict Sites Act that consent may not be given where the Minister considers that the owner should be given an opportunity to rehabilitate the site, is not being carried into the present Bill. It would be inappropriate in view of the element of urgency in cases such as unprotected quarries, where danger to life can only be removed permanently by costly works carried out by local authorities.
The second object of the Bill is provided for in section 3. The section codifies and re-enacts, with some important amendments, existing legislative provision in regard to dangerous buildings which is operated by Dublin Corporation under various local Acts. The section also extends the new powers to all sanitary authorities. The definition of a dangerous structure is drawn in wide terms to allow of freedom of action by authorities in the case of any structure which is a potential danger to persons. Dwellinghouses as well as other buildings are covered. In general the procedure follows the general lines of existing enactments. Notice is given to the owner of a dangerous structure requiring him, within a specified period, to make such structure safe and to terminate or modify any use being made of it. Power is also given to prescribe detailed conditions as to the manner of demolition of the building. If the owner does not comply he is subject on summary conviction to a fine of £100. If the owner fails to carry out the work, the authority may apply to the District Court who may order the owner to carry out the works or authorise the sanitary authority to do the job.
Special powers are also given to the local authority under section 3 to carry out such work as is necessary to make a structure safe in the interests of the safety of any person, without prior notice if necessary. One of the most important additions to the powers of local authorities generally is that they will now be enabled to prevent the reoccupation of premises which they have caused to be vacated. Section 3 also strengthens the powers of the local authority to recover costs and expenses from the owner. It increases substantially fines for failure to comply with notices and empowers the District Court to prohibit the repair or letting of the structure, or the carrying out of any works on the site on which the structure stood until the amount due in respect of works carried out by them is paid to the local authority.
The section will also enable authorities to provide alternative living accommodation for persons who have had to vacate dwellings as a result of action under the section. Alternatively they may give grants to such persons to enable them to obtain other living accommodation. Provision is also made in the section for the payment of grants, at the discretion of the sanitary authority, in cases where they are satisfied that hardship has been caused to persons who had carried on a trade or business in a dangerous structure and who have been required by the authority to leave the structure. The new power will apply retrospectively to 1st June, 1963, so that cases of hardship which have occurred in the past year can be catered for.
The third main purpose of the Bill is to set out in section 4 under which general authority is given for the making of agreements between the ESB and sanitary authorities of the kind authorised by the Liffey Reservoir Act, 1936, in relation to Pollaphouca Reservoir between the Board and Dublin Corporation. That agreement enabled the Corporation to take an agreed amount of water per day for the purposes of the Dublin Water Supply. It contained provisions relating to the prevention of the pollution of the water in the reservoir; the level of water to be maintained in the reservoir; the point of abstraction and the rate of flow of water in the river downstream.
The consent of the Minister for Local Government will be necessary to an agreement reached pursuant to section 4. With a view to safeguarding fishery interests, the section provides for consultation with the Minister for Lands before this consent is given. The Minister must also have regard to any liability of the Board in regard to compensation water.
The sanitary authority will be required to give a month's public notice of intention to make an agreement and to specify particulars of the proposed agreement in the notice. It will be open to persons who object to the proposed agreements to put their case to the Minister who will bear such representations in mind before coming to a decision in any particular case. An agreement when sanctioned will have the same force as a proposal under the Water Supplies Act, 1942. It will give the sanitary authority a right to abstract water subject to claims for compensation from persons alleging damage by reason of the authorised abstraction.
Section 4 is designed specifically to meet a legal difficulty which has arisen in regard to the abstraction of water by Dublin County Council from the ESB reservoir at Leixlip. After protracted negotiations between the county council and the Board, agreement on terms was reached, but the Board were advised that they had no legal power to authorise the abstraction of water on such a scale from a reservoir provided by them and that such abstraction might be liable to be stopped by injunction. Section 4 will give the necessary statutory authority for the proposed agreement.
Sections 16 to 21, which follow the same general line as the Derelict Sites Act, 1961, provide for general matters such as inspection of land, penalties for obstruction, giving of documents under the Act, negotiations, expenses of the Minister, etc. Section 22 is the usual repeal section. It provides for the repeal of certain provisions dealing with dangerous buildings which will become redundant if the Bill becomes law.