No. 40/1934:

INDUSTRIAL ALCOHOL ACT, 1934

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1 Short title.

2 Definitions.

PART II MANUFACTURE OF INDUSTRIAL ALCOHOL BY THE STATE

3 Production by the Minister of industrial alcohol.

4 General powers of the Minister.

PART III SPECIAL POWERS OF THE MINISTER IN RELATION TO THE COMPULSORY ACQUISITION OF LAND, ETC, AND THE CONSTRUCTION MAINTENANCE AND OPERATION OF TRANSPORT WORKS

5 Transport works.

6 Right of entry on land.

7 Power of Minister to construct, maintain, and operate transport works.

8 Compulsory acquisition of lands, etc, by the Minister.

9 Payment and ascertainment of compensation.

PART IV COMPULSORY PURCHASE OF INDUSTRIAL ALCOHOL BY IMPORTERS AND REFINERS

10 Interpretation of Part IV.

11 Appointed periods.

12 Returns by importers and refiners.

13 Purchase of industrial alcohol by importers and refiners.

PART V MISCELLANEOUS AND GENERAL

14 Restriction on manufacture of industrial alcohol.

15 Industrial Alcohol Advisory Board.

16 Sale of land and undertaking.

17 Reports by the Minister.

18 Accounts of undertaking carried on by the Minister.

19 Financial provisions.

AN ACT TO MAKE PROVISION FOR THE PRODUCTION AND SALE BY THE STATE OF INDUSTRIAL ALCOHOL AND FOR THE RESTRICTION AND CONTROL OF THE MANUFACTURE OF INDUSTRIAL ALCOHOL BY PERSONS OTHER THAN THE STATE, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID, INCLUDING THE COMPULSORY ACQUISITION OF LAND AND THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF TRANSPORT WORKS.

[13th September, 1934.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I PRELIMINARY

1.—This Act may be cited as the Industrial Alcohol Act, 1934 .

2.—In this Act—

the expression "the Minister" means the Minister for Industry and Commerce;

the expression "industrial alcohol" means alcohol which is of a strength not less than fifty-five degrees over proof, whether denatured or not.

PART II MANUFACTURE OF INDUSTRIAL ALCOHOL BY THE STATE

3.—(1) The Minister may undertake the manufacture, distillation, and sale of industrial alcohol, and such undertaking is in this Act referred to as the undertaking.

(2) The Control of Manufactures Act, 1932 (No. 21 of 1932) as amended or extended by any subsequent enactment, shall not apply in respect of anything done under this Act by the Minister for the purposes of the undertaking.

4.—(1) The Minister may, for the purposes of the undertaking, do all or any of the following things, that is to say:—

( a ) acquire by agreement any land, easement, profit á prendre, or other right;

( b ) construct and maintain at such and so many places as he thinks fit distilleries, rectifying plants, and other necessary works;

( c ) purchase, hire, or otherwise provide, and maintain machinery, plant, and equipment for such distilleries, rectifying plants, and other works;

( d ) purchase all necessary raw materials;

( e ) enter into contracts;

( f ) employ such and so many persons as he thinks fit;

( g ) dispose of by-products derived in the course of manufacture of industrial alcohol;

( h ) all such other things as he may consider necessary for establishing the undertaking and carrying it on as a commercial undertaking.

(2) Without prejudice to the generality of the immediately preceding sub-section the Minister may, for the purposes of the undertaking, enter into an agreement with any person (in this section referred to as the contractor) in relation to all or any of the following matters, that is to say:—

( a ) the preparation by the contractor of plans and specifications for the building and installation of the necessary plant, apparatus, and equipment of such number of distilleries and rectifying plants as the Minister may fix on such sites as the Minister may select and at a cost not exceeding such cost as the Minister may determine;

( b ) the obtaining by the contractor on behalf of the Minister of tenders for the building and equipment of each of the said distilleries and the said rectifying plant from such persons as the Minister may direct and from such other persons as the contractor thinks proper;

( c ) the acceptance, subject to previous consultation with the contractor by the Minister, of such tender or tenders as the Minister thinks fit;

( d ) the erection by the Minister of each of the said distilleries and rectifying plants and the installation of the necessary plant, apparatus, and equipment, in accordance with the plans and specifications prepared by the contractor, with such modifications thereof as may from time to time be agreed upon by the Minister and the contractor;

( e ) the preparation by the contractor of every contract for the erection and equipment of each of the said distilleries and rectifying plants;

( f ) the supervision by the contractor of the carrying out of every such contract;

( g ) the appointment by the Minister of such person as the contractor may nominate to he manager of the said distilleries and rectifying plants for such period and at such remuneration as the Minister thinks proper;

( h ) the appointment by the Minister of such person or persons as the contractor may nominate to be biological engineer or engineers of the said distilleries for such period and at such remuneration as the Minister thinks proper;

( i ) the control, by the contractor through the said manager of the said distilleries and rectifying plant for such period as the Minister thinks proper, subject to such exceptions as the Minister thinks proper to specify in such agreement;

( j ) the giving, during such period as the Minister thinks proper to specify in such agreement, of advice or assistance by the contractor to the Minister in connection with any technical difficulty arising in the carrying on of the undertaking;

( k ) the undertaking by the contractor that the said distilleries and rectifying plant shall together be capable of producing industrial alcohol at a cost in respect of raw material, fuel, and labour not exceeding such cost as the Minister may specify in such agreement;

( l ) the payment by the contractor to the Minister of liquidated damages in respect of such undertaking, the amount of such damages, and the guaranteeing of the payment of such damages;

( m ) the termination of the agreement by the Minister;

( n ) the training by the contractor, if so requested by the Minister, outside Ireland of such persons, as may be selected by the Minister, for posts as assistant managers of the said distilleries, and the remuneration to be paid by the Minister for such training;

( o ) the consideration to be paid by the Minister to the contractor for the services of the contractor under such agreement (otherwise than in respect of the matters mentioned in paragraph ( n )), and the times and method of payment;

( p ) the payment by the Minister to the contractor of all reasonable travelling and hotel expenses incurred by the contractor's agents, officers, and servants incurred in coming to and from Saorstát Eireann and residing therein, between such dates as may be specified in such agreement, for purpose of discharging the obligations of the contractor under paragraph (j) of this sub-section;

( q ) the determination by arbitration of any dispute or difference arising in relation to such agreement;

( r ) such other matters ancillary or incidental to the matters mentioned in the preceding paragraphs of this sub-section as the Minister thinks proper.

(3) The Civil Service Regulation Acts, 1924 and 1926, shall not apply to any person employed or appointed by the Minister under this section.

PART III SPECIAL POWERS OF THE MINISTER IN RELATION TO THE COMPULSORY ACQUISITION OF LAND, ETC, AND THE CONSTRUCTION MAINTENANCE AND OPERATION OF TRANSPORT WORKS

5.—Each of the following works shall be transport works for the purposes of this Part of this Act, that is to say:—

( c ) an aerial ropeway;

( a ) a railway;

( b ) a tramway;

( d ) any other works for the transport of goods.

6.—The Minister may enter on any land for the purpose of making thereon any inquiry, investigation, or examination preliminary or incidental to the doing of any thing which the Minister is authorised by this Part of this Act to do.

7.—(1) The Minister may, for the purpose of the undertaking, construct, maintain, and operate such transport works as he thinks fit.

(2) The Minister may construct, maintain, and operate transport works on or over any public road or way.

(3) If and whenever the construction, maintenance, or operation of any transport works constructed by the Minister under this section might involve any injury to the public, the Minister shall do all such things in relation to such works as he may think necessary for the protection of the public.

8.—(1) The Minister may, for the purposes of the undertaking, do all or any of the following things, that is to say—

( a ) compulsorily acquire (either permanently or temporarily) any land;

( b ) compulsorily acquire (either permanently or temporarily) any easement, way-leave, water-right, fishing right, or other right over or in respect of any land or water.

(2) The Minister may, for the purposes of the construction, maintenance and operation of any transport works, do either or both of the following things, that is to say:—

( a ) compulsorily acquire (either permanently or temporarily) any land;

( b ) compulsorily acquire (either permanently or temporarily) any right over or in respect of any land.

(3) At any time after the passing of this Act and before conveyance or ascertainment of compensation the Minister may, subject to the provisions of this section, enter on and take possession of any land, or exercise any right which the Minister is authorised by this section to acquire compulsorily.

(4) Before exercising any of the powers conferred on him by the immediately preceding sub-section the Minister shall—

( a ) in the case of the temporary acquisition of any easement, give at least fourteen days previous notice in writing to the owner of the easement or other property affected;

( b ) in the case of the acquisition of any land, give at least one month's or, if the land is an occupied dwelling house, three months' previous notice in writing to the occupier of the lands;

( c ) in any other case, give at least one month's notice in writing to the owner of the right or other property affected.

(5) Every notice under this section shall be accompanied by a plan showing fully and clearly the land, or right to which the notice relates.

(6) Any notice required by this section to be given to any person shall be sufficiently given if sent by registered post in an envelope addressed to such person at his last known place of abode and shall be deemed to have been so given at the time at which such envelope would be delivered in the ordinary course o£ post at the place to which it is addressed.

9.—(1) Compensation shall be paid by the Minister for land compulsorily acquired (whether permanently or temporarily) by the Minister under sub-section (1) or sub-section (2) of the immediately preceding section to the several persons entitled thereto or having estates or interests therein, and for or in respect of easements, way-leaves, water-rights, fishing rights, and other rights compulsorily acquired (whether permanently or temporarily) under sub-section (1) of the said section to the owner thereof or the several persons entitled to or having estates or interests in the land over or in respect of which such rights are so acquired, and for or in respect of rights over or in respect of any land compulsorily acquired (whether permanently or temporarily) under sub-section (2) of the said section to the owner thereof or the several persons entitled to or having estates or interests in such land, and such compensation shall in default of agreement, be fixed by an official arbitrator under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) All claims for compensation in respect of any land or right compulsorily acquired under this Part of this Act shall be made within one year after such land is first entered on or such right is first exercised by the Minister.

(3) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845, shall apply to any compensation payable by the Minister under this section, and to the conveyance to the Minister of property, corporeal or incorporeal, compulsorily acquired by the Minister under this Part of this Act, and for the purpose of such application the Minister shall be deemed to be the promoter of the undertaking.

PART IV COMPULSORY PURCHASE OF INDUSTRIAL ALCOHOL BY IMPORTERS AND REFINERS

10.—(1) For the purposes of this Part of this Act, the expression "hydrocarbon light oils" means hydrocarbon oils of which not less than fifty per cent. by volume distils at a temperature not exceeding 185 degrees centigrade, or of which not less than ninety-five per cent. by volume distils at a temperature not exceeding 240 degrees centigrade, or which give off an inflammable vapour at a temperature of less than 22.8 degrees centigrade when tested in the manner prescribed by the Acts relating to petroleum.

The method of testing oils for the purpose of ascertaining whether they comply with the provisions of this sub-section relating to the distillation of a certain volume thereof at a certain temperature shall be such as the Revenue Commissioners may prescribe.

(2) In this Part of this Act—

the word "importer" means a person who carries on the business of importing into Saorstát Eireann mineral hydrocarbon light oils;

the word "refiner" means a person who carries on in Saorstát Eireann the business of producing mineral hydrocarbon light oils;

the word "imported" means imported into Saorstát Eireann;

the word "produced" means produced in Saorstát Eireann.

(3) For the purposes of this Part of this Act the nett quantity of mineral hydrocarbon light oils imported by an importer during any period shall be taken to be the actual quantity of mineral hydrocarbon light oils imported by him during such period less the following, that is to say, such (if any) quantity of the mineral hydrocarbon light oils imported by him during such period as was, in accordance with law, so imported free of the customs duty for the time being payable in respect of mineral hydrocarbon light oils, and such (if any) quantity of mineral hydrocarbon light oils as was during such period dealt with by him in any one or more of the following ways, that is to say, exported from Saorstát Eireann, shipped or deposited in a bonded warehouse for use as ship's stores, or loaded into any aircraft for use on a voyage to a place outside Saorstát Eireann.

(4) For the purpose of this Part of this Act the nett quantity of mineral hydrocarbon light oils produced by a refiner during any period shall be taken to be the actual quantity of mineral hydrocarbon light oils produced by him during such period less such (if any) quantity of mineral hydrocarbon light oils produced by him as was during such period dealt with by him in any one or more of the following ways, that is to say, exported from Saorstát Eireann shipped or deposited in a bonded warehouse for use as ship's stores, or loaded into any aircraft for use on a voyage to a place outside Saorstát Eireann.

11.—(1) The Minister, whenever and so often as he thinks fit, may by order declare that every period specified in such order shall be an appointed period for the purposes of this Part of this Act and whenever any such order is made every period specified in such order shall, so long as such order is in force, be an appointed period for the said purposes.

(2) The Minister may from time to time revoke any order made by him under sub-section (1) of this section.

12.—(1) Every importer shall not later than seven days after every appointed period send to the Minister a return in the prescribed form showing the nett quantity of mineral hydrocarbon light oils imported by him during such appointed period.

(2) Every refiner shall not later than seven days after every appointed period send to the Minister a return in the prescribed form showing the nett quantity of mineral hydrocarbon light oils produced by him during such appointed period.

(3) If any person, who is required by this section to make a return to the Minister, fails, neglects, or refuses to make such return in accordance with this section or makes in any such return any statement which is false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(4) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

(5) The Minister may by order make regulations in relation to any form referred to in this section as prescribed and the word "prescribed" in this section means prescribed by such regulations.

(6) This section shall come into operation on such day as may be fixed by order of the Minister

13.—(1) The Minister may after the expiration of any appointed period by order (in this section referred to as a sale order) do the following things, that is to say:—

( a ) allocate to every importer, who imported any mineral hydrocarbon light oils during such period, a quantity of industrial alcohol, not exceeding a quantity which bears to the total quantity of industrial alcohol manufactured by the Minister during such period the same proportion as the nett quantity of mineral hydrocarbon light oils imported by such importer during such period bears to the total of the nett quantities of mineral hydrocarbon light oils imported by all importers during such period and the nett quantities of mineral hydrocarbon light oils produced by all refiners during such period;

( b ) allocate to every refiner who produced any mineral hydrocarbon light oils during such period a quantity of industrial alcohol, not exceeding the quantity which bears to the total quantity of industrial alcohol manufactured by the Minister during such period, the same proportion as the quantity of mineral hydrocarbon light oils produced by such refiner during, such period bears to the total of the nett quantities of mineral hydrocarbon light oils imported by all importers during such period and the nett quantities of mineral hydrocarbon light oils produced by all refiners during such period;

( c ) fix, in terms of a rate per gallon and on the basis that such industrial alcohol is to be delivered at the premises of the Minister, the price to be paid for such industrial alcohol;

( d ) require each person to whom any industrial alcohol has been allocated by such order to do the following things—

(i) to purchase from the Minister, at a price calculated at the rate per gallon fixed by such order, such industrial alcohol;

(ii) to pay to the Minister such price at such time or times as may be specified in such order in relation to such person;

(iii) subject to the next following sub-paragraph, to accept delivery of such industrial alcohol at the premises of the Minister specified in such order, and at such time or times as may be specified in such order in relation to such person;

(iv) in case such person has previously requested the Minister to deliver such industrial alcohol carriage paid at a place other than premises of the Minister and the Minister thinks fit to comply with such request, to accept delivery of such alcohol at such place and at such time or times as may be specified in such order in relation to such person, and to pay to the Minister at such time as may be specified in such order in relation to such person such sum in respect of such delivery (including carriage, insurance and other usual charges) as may be specified in such order

(2) Whenever the Minister makes a sale order he shall forthwith serve such order on every person required by such order to purchase any industrial alcohol.

(3) Whenever a sale order is served on any person by the Minister, the following provisions shall have effect, that is to say:—

( a ) the Minister shall be deemed to have entered into a contract with such person to sell to such person the industrial alcohol allocated by such order to such person at the price specified in such order in relation to such person and to deliver such industrial alcohol to such person at the place and at the time or times at which such person is required by such order to accept delivery of such industrial alcohol, and

( b ) such person shall be deemed to have entered into a contract with the Minister to purchase such industrial alcohol in accordance with the requirements of such order so far as the same relates to such person.

(4) A sale order shall be served on any person in one or other of the following ways, that is to say:—

( a ) by delivering to such person a copy of such order certified to be a true copy under the Official Seal of the Minister;

( b ) by sending by post in a prepaid registered letter addressed to such person at the address at which he carries on business a copy of such order certified to be a true copy under the Official Seal of the Minister.

For the purposes of this sub-section, a company registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, shall be deemed to carry on business at its registered office, and every other body corporate and every unincorporated body shall be deemed to carry on business at its principal office or place of business in Saorstát Eireann.

PART V MISCELLANEOUS AND GENERAL

14.—(1) It shall not be lawful for any person other than the Minister to manufacture industrial alcohol unless such industrial alcohol is manufactured under and in accordance with a licence granted by the Minister

(2) The Minister may, if he so thinks fit, grant to any person a licence to manufacture industrial alcohol either generally or of a particular kind, quality, or strength and may attach to such licence such conditions (including conditions as to revocation) as he thinks fit.

(3) If any person manufactures industrial alcohol 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 a fine not exceeding one hundred pounds.

(4) An offence under this section may be prosecuted by or at the suit of the Minister as prosecutor.

(5) Nothing in this section or in any licence granted thereunder shall be construed as authorising any person who is the holder of such licence to manufacture at any time industrial alcohol to which such licence relates unless such person is also the holder of an Excise licence authorising him to manufacture spirits.

(6) The Control of Manufactures Act, 1932 (No. 21 of 1932), as amended or extended by any subsequent enactment, shall not apply in respect of the manufacture, under and in accordance with a licence granted under this section, of industrial alcohol of the kind to which such licence relates, or in respect of the adapting for sale by the holder of such licence of such industrial alcohol or any by-product derived in the course of manufacture of such industrial alcohol.

15.—(1) As soon as conveniently may be after the passing of this Act, the Minister shall by order establish an advisory body (to be called and known as the Industrial Alcohol Advisory Board and in this section referred to as the Board) for giving advice to the Minister in relation to such matters (being matters relating to the undertaking) as the Minister may specify in such order, and shall by such order provide for the constitution of the Board and for the appointment and tenure of office of members of the Board and for any other matter in relation to the Board which, in the opinion of the Minister, it is advisable to provide by such order.

(2) The Minister may from time to time by order amend the order required to be made by the immediately preceding sub-section.

(3) The Minister may, out of moneys provided by the Oireachtas, pay to any member of the Board such remuneration as he may, with the sanction of the Minister for Finance, fix.

(4) There shall be paid by the Minister out of moneys provided by the Oireachtas to every member of the Board payments in respect of travelling expenses and subsistence allowance to such extent as may be sanctioned by the Minister for Finance.

16.—(1) The Minister may, with the consent of the Minister for Finance, sell any land acquired by him under this Act and also the good will, stock in trade, and other assets of the undertaking at such price as he may think proper.

(2) Any moneys received on a sale under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

17.—The Minister shall as soon as may be after the end of the financial year ending on the 31st day of March, 1935, and every subsequent financial year prepare and lay before each House of the Oireachtas a report of his proceedings under this Act during such financial year.

18.—The Minister shall cause to be kept, in respect of the undertaking, all proper and usual accounts, in such form as shall be approved of by the Minister for Finance, of all moneys received or expended by him.

19.—(1) All expenses incurred by the Minister in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) All moneys received by the Minister under this Act in respect of the sale of industrial alcohol and any by-products derived in the course of manufacture of industrial alcohol shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.