Can I build my own deck in the Liffey

dathi

https://www.boards.ie/discussion/comment/121494605#Comment_121494605

that's taken from the statute book that ifi are set up under and your example of a school impacting the quality of water due to capacity issues at sewage plant is not the same as building out into the river bed 59.— (1) Subject to this section, for the purpose of improving any fishery (whether or not the fishery is the property of IFI) IFI may do all or any of the following, namely—

(a) take fish from a fishery by any means whatsoever,

(b) implement any other measure intended to alter or regulate the stock in a fishery of fish of one or more particular species,

(c) keep under surveillance and from time to time ascertain by any means the quality of water in a fishery,

(d) alter, repair, remove or demolish any fence, hedge, tree or wall,

(e) dig, break or otherwise temporarily close, cross, extend, divert or otherwise interfere with or alter any navigable waterway, river, stream or other watercourse, bridge, tunnel, culvert, pipe, drain or other thing, and

(f) notwithstanding section 327 of the Principal Act, take materials from any river, stream or other watercourse,

elperello

https://www.boards.ie/discussion/comment/121494762#Comment_121494762

They aren't making handymen like they used to.

Back in the day a few stakes, belt of a sledge,couple of planks hammer and nails.

Job done, in the pub by opening time 🙂

AndrewJRenko

https://www.boards.ie/discussion/comment/121494162#Comment_121494162

I know that DCC owns some infrastructure outside it's own current borders, inherited from what would have been Dublin County Council.

It's possible that DCC owns river property outside of the DCC area.

Mellor

https://www.boards.ie/discussion/comment/121495116#Comment_121495116

You seem to be getting a lot of basic concepts mixed up. Common law is not something you can cite like an acts. And the state is not called the Republic of Ireland, either.

Are you simply trying to claim that water cannot be owned, which is getting a bit conceptual. Or do you think some body else owns it? As I said, you keep disagreeing but it’s not clear what you are saying?

Furze99

https://www.boards.ie/discussion/comment/121496804#Comment_121496804

You stated above "The state owns the water not the ESB"

It's not really important of course but your certainty raised my eyebrows.. so either the state owns the water or it doesn't?

Mellor

https://www.boards.ie/discussion/comment/121494486#Comment_121494486

It is true. It's a well know concept, and it was proven by @ollaetta above who pointed to the mapping. But it only applies in cases where there is no legal title to the contrary. It’s the same as owning the road to the centreline outside your house. Which applies where it's a random road, but not where it's a private or otherwise owned road.

https://www.boards.ie/discussion/comment/121495322#Comment_121495322

Its possible to own something outside their LA, in the same way it's possible for the council to own a storage unit in Kildare. But in the article literally states they are the owner within their local authority. And the judgements in question, that predate the councils, identify their ownership from Islandbridge to the sea. So nowhere near leixlip, and not even all off the Liffey in DCC.

https://www.boards.ie/discussion/comment/121495133#Comment_121495133

Two key parts: "for the purpose of improving any fishery and" "IFI may do all or any of the following" —

That gives the IFI legal permission to do all of that. It does not given them control over development, or say that others cannot do any of that. Further down the section their power is limited in relation to dwellings.

(7) (a) Nothing in this section shall be construed as conferring on any person a power to enter a dwelling, nor...shall it be construed as conferring on any person a power to enter such a garden or curtilage.

Planning permission lies with the LA, but having permission does not overrule other laws. The case of the first page was literally a private jetty/pontoon on the Liffey. It presumable had planning permission, but ran into issues on property law. No mention what IFI thought.

Mellor

https://www.boards.ie/discussion/comment/121496851#Comment_121496851

Because the ESB doesn’t own it. You’re just going it circles and haven’t answered any questions. It’s not important, I agree. I’m just curious what your thinking is.

Who do you think owns it?