The Lough Corrib Navigation Trustees was established under the Drainage (Ireland) Act 1856. The Trustees consist of 8 councillors drawn from Galway City Council, Galway County Council and Mayo County Council. The Trustees are responsible for the maintenance of navigation aids and some piers on the Corrib System, the Eglinton canal system, and associated walkways, tow paths, lock gates and boundary walls. The functions of the Trustees are discharged by Galway City Council on behalf of Galway City, Galway County and Mayo County Councils.
Some parts of the 1856 Act were repealed by the Land and Conveyancing Law Reform Act 2009. The implications of that repeal came to light in summer 2021 and were raised by Galway City Council. My Department has engaged both with Galway City Council and the Department of Justice, as the sponsoring Department for the 2009 Act.
Given the complexities of the issues involved, legal advice was sought by my Department in 2021 and 2022 which confirmed that while subsequent legislation, namely the Lough Corrib Navigation Act 1945, reconstituted the Board of Trustees, the 1945 Act does not amend, vary or restate the functions of the Trustees as provided for in the 1856 Act. In short, legal advice received indicates that the functions previously conferred on it by the 1856 Act needs to be reinstated at the earliest opportunity.
Drafting of amendments to the Lough Corrib Navigation Act 1945 commenced in late 2022 with the aim of including them in an appropriate legislative vehicle that would be enacted at the earliest possible time.
The Historic and Archaeological Heritage Bill 2023, currently progressing in the Oireachtas, has been identified as the most relevant legislative vehicle for the necessary amendments to the Lough Corrib Navigation Act 1945 to ensure the matter is resolved as soon as possible.
