Arterial Drainage Act , 1925

1 Interpretation.

1.—(1) In this Act—

the expression “the Commissioners” means the Commissioners of Public Works in Ireland;

the word “drainage” includes drainage by pumping either alone or in conjunction with other means, and all cognate words shall be construed accordingly;

all expressions to which special meanings are assigned by the Local Government (Ireland) Act, 1898 have the special meanings so assigned to them respectively.

(2) In all references in this Act to lands drained or proposed to be drained, or to lands improved or benefited by drainage or proposed to be so improved or benefited, the word “lands” shall include lands, buildings, and premises of every description, whether urban or rural.

2 Rated occupiers may petition county council.

2.—(1) Any six or more persons being rated occupiers of lands which are liable to be flooded or injured by water or which are capable of being improved by drainage or being persons upon trust for whom or for whose benefit any such lands are held by the rated occupiers thereof may apply to the council of the county or to the respective councils of the several counties in which such lands are situate to have drainage works executed for the purpose of draining or improving such lands and to have such lands, either together with or without other lands in the neighbourhood thereof, constituted to be a separate drainage district.

(2) Every application to the council of a county under this section shall be made by petition presented to the council and every such petition shall be in writing in such form as shall be prescribed by the Commissioners and shall state in general terms the drainage works which it is thereby proposed should be executed and shall have annexed thereto a map showing the lands thereby proposed to be constituted a separate drainage district.

(3) Where the lands proposed by any such petition to be constituted a separate drainage district are situate in more than one county, the petition shall be presented to the council of every county in which any part of such lands is situate notwithstanding that the portion of such lands occupied by the petitioners may not extend into every such county.

3 Procedure by county council on receipt of petition.

3.—(1) Every council to which a petition is presented under this Act shall refer such petition to the county surveyor for his report on the general merits of the proposals contained in the petition.

(2) For the purpose of making such report as aforesaid the county surveyor and his assistants shall be entitled at all reasonable times to enter upon the lands referred to in the petition and such other lands in the neighbourhood thereof as he or they shall think necessary and also any premises on any such lands and there to make such investigations and do such things as shall appear to him or them to be necessary for the purpose of making such report.

(3) Upon receiving the report of the county surveyor on such petition the council, at a meeting of which not less than seven days' notice has been given to each member, shall consider such petition and such report and may, if they think fit, pass a resolution—

(a) either approving of the proposals contained in the petition or declaring that such proposals require further investigation, and in either case

(b) requesting the Commissioners to examine such proposals and to consider whether a drainage scheme should be prepared and a separate drainage district constituted to give effect to such proposals, and

(c) undertaking that if the lands referred to in the petition or any part thereof, either together with or without other lands in the neighbourhood thereof, are constituted a separate drainage district the council would maintain the drainage works constructed in such drainage district so far as the same are situate in their county and would collect and pay the terminable annuity, drainage rates, and other moneys collectable or payable by them in respect of the construction or maintenance of such works.

(4) Where any such resolution as aforesaid is duly passed by the council of a county, the secretary of the council shall forthwith send to the Commissioners a copy of such resolution and of the petition (with the map annexed thereto) to which the resolution relates.

(5) Where the council of a county, having considered any such petition and report, do not pass any such resolutions as aforesaid the secretary of the council shall forthwith send a copy of the petition (with the map annexed thereto) and of the report to the Commissioners.

(6) Where any such petition is presented to the councils of two or more counties pursuant to this Act such councils may combine for the purpose of considering such petition and, in lieu of referring the petition to the county surveyor of each such county, may refer the petition to the county surveyor of one such county and in such case every such council may act under this section on the report of such county surveyor.

(7) Any county council or combination of county councils, in lieu of referring such petition to a county surveyor, may with the sanction of the Minister for Local Government and Public Health refer the petition to some other qualified engineer nominated by such council or councils, and in such case all references in this section to a county surveyor shall be construed and have effect as references to such qualified engineer and the remuneration of such qualified engineer shall be paid out of the county fund of the council or in such proportions as the Minister for Local Government and Public Health may direct out of the several county funds of the councils by whom he is appointed.

4 Examination of petition by Commissioners.

4.—(1) When the Commissioners have received pursuant to this Act either—

(a) a copy of a resolution and petition from the secretary of the council of the county in which the lands proposed in such petition to be constituted a separate drainage district are wholly situate, or

(b) copies of resolutions and petitions from the secretary of the council of every county in which any part of the lands proposed in such petition to be constituted a separate drainage district is situate,

the Commissioners shall appoint a qualified engineer and, if they so consider necessary, also a person having experience in the valuation of land to examine and report to the Commissioners upon the proposals contained in such petition.

(2) Every person appointed by the Commissioners to report to them under this section in respect of a petition shall be entitled at all reasonable times to enter with assistants and workmen upon the lands referred to in such petition and such other lands in the neighbourhood thereof as he shall think necessary and also any premises on any such lands and there to make such investigations and do such things as shall appear to him to be necessary for the purposes of his report.

5 Procedure when Commissioners decide against petition.

5.—If the Commissioners, having considered the resolution or resolutions and petition of which copies are sent to them by the secretary of a county council or secretaries of county councils pursuant to this Act and the reports of such persons as they shall have appointed to report on the proposals contained in such petition, are of opinion that the circumstances are not such as to justify the preparation of a drainage scheme or the constitution of a separate drainage district they shall so inform such county council or county councils and shall at the same time communicate to such council or councils the reasons on which such opinion is based.

6 Procedure where Commissioners decide for petition.

6.—(1) If the Commissioners, having considered a resolution or resolutions and petition of which copies are sent to them by the secretary of a county council or secretaries of county councils pursuant to this Act and the reports of such persons as they shall have appointed to report on the proposals contained in such petition, are of opinion that the circumstances are such as to justify the preparation of a drainage scheme and the constitution of a separate drainage district to effect the objects of such proposals they shall so inform such county council or county councils and shall prepare a drainage scheme accordingly.

(2) Every drainage scheme prepared by the Commissioners under this Act shall show either in the body of the scheme or by means of appropriate maps, drawings, plans, sections, and schedules annexed thereto the following matters, that is to say:—

(a) the rivers, streams, or waters proposed to be dealt with and the lands proposed to be drained or improved, and

(b) the works proposed to be executed, and

(c) the lands and premises proposed to be compulsorily acquired, the easements, water-rights, and other rights proposed to be compulsorily acquired, restricted, terminated, or otherwise interfered with, and the roads and bridges (whether public or private) proposed to be diverted, removed, or otherwise interfered with, and

(d) the rated occupiers of the several lands proposed to be drained or improved, the respective values of such several lands at the time of the preparation of the scheme, and the probable amount by which such values would respectively be increased by the execution of the proposed works, and

(e) the reputed proprietors, owners, and rated or other occupiers of the several lands and premises, easements, water-rights, and other rights, private roads and bridges proposed to be compulsorily acquired, restricted, terminated or otherwise interfered with or affected, and an estimate of the compensation which would be payable to such proprietors, owners and occupiers respectively on account of such compulsory acquisition, restriction, termination, interference, or affection, and

(f) the area to be constituted a separate drainage district on the completion of the proposed works, and

(g) an estimate of the cost of the execution of the proposed works and of the expenses generally of carrying out the scheme, and

(h) the amount which the Minister for Finance proposes to contribute out of moneys to be provided by the Oireachtas towards the cost and expenses of carrying out the scheme.

(3) Where a drainage scheme is carried out and a separate drainage district constituted pursuant thereto, the expenses incurred by the Commissioners in considering and examining the resolution or resolutions and the petition and the proposals contained therein and in preparing the drainage scheme shall be part of the general expenses of carrying the scheme into execution and shall be paid accordingly.

(4) Where a drainage scheme is for any reason not fully carried out and no separate drainage district is constituted in pursuance thereof the expenses incurred by the Commissioners in considering and examining the resolution or resolutions and the proposals contained therein and in preparing the drainage scheme and in the carrying out of the scheme so far as the same is actually carried out shall be defrayed as to two-thirds thereof out of moneys to be provided by the Oireachtas and as to one-third thereof either (as the case may be) by the county council by which the resolution was passed or by the several county councils by which the resolutions were passed in such proportions as shall be directed by the Minister for Local Government and Public Health, and in either case out of such funds and by means of such rate as the said Minister shall direct.

7 Publication of notices of drainage scheme.

7.—(1) When a drainage scheme has been prepared by the Commissioners under this Act, the Commissioners shall—

(a) publish by advertisement in the Iris Oifigiúil and one or more newspapers circulating in the district to which the scheme relates a notice stating that the scheme has been made, and the townlands to which it relates, and naming a convenient place where the scheme (with all maps and other documents annexed thereto) or a copy thereof can be inspected, and

(b) serve on all rated occupiers of lands proposed in the scheme to be drained or improved a copy of the notice to be published in the Iris Oifigiúil pursuant to the foregoing paragraph and also a notice requiring the rated occupier on whom the same is served to inform the Commissioners in the manner and within the time (not being less than one month) therein specified whether he assents to or dissents from the scheme and whether he has any, and if so what, objection to the scheme or any map or other document annexed thereto, and

(c) serve on all reputed proprietors, owners, and occupiers of lands, rights, or other property proposed in the scheme to be compulsorily acquired, interfered with, or otherwise affected a copy of the notice to be published in the Iris Oifigiúil as aforesaid and also a notice informing such proprietor, owner, or occupier that the scheme proposes the compulsory acquisition of or interference with some land, right, or other property (which interference (if any) and property shall be fully described in the notice) owned or occupied by him and requiring him, if he has any objection to the scheme or any map or other document annexed thereto, to communicate such objection to the Commissioners in the manner and within the time (not being less than one month) therein specified, and

(d) serve on the local authority charged with the maintenance of any public road or bridge proposed in the scheme to be diverted, removed, or otherwise interfered with a copy of the notice to be published in the Iris Oifigiúil as aforesaid and also a notice informing such local authority of the diversion, removal, or other interference so proposed.

(2) Every notice and other document to be served under this section may be served by sending the same by prepaid post in an envelope addressed to the person to be served therewith at his usual or last-known address, or (where no such address is known) at the lands or the place of situation of the right or property to which the notice relates, and every notice or other document so served shall be deemed to be served at the time at which the envelope containing the same would be delivered at the address named thereon in the ordinary course of post.

8 Objections to drainage.

8.—(1) The Commissioners shall in due course examine the communications received by them from rated occupiers of lands proposed in the drainage scheme to be drained or improved and shall ascertain the number of such occupiers who in the manner and within the time specified in the notices served on them by the Commissioners have dissented from the scheme (which occupiers are hereinafter referred to as “dissenting occupiers”), and shall further ascertain the aggregate value of the lands occupied by dissenting occupiers which are proposed in the scheme to be drained or improved, and, if such aggregate value is more than half the total value of all the lands proposed in the scheme to be drained or improved, the Commissioners shall take no further steps in regard to the drainage scheme but they may if they so think fit prepare a new or a modified drainage scheme to effect the objects or some of the objects of the proposals contained in the petition and in such case the provisions of this Act (including this section) shall apply to such new or modified scheme as fully as they apply to an original drainage scheme.

(2) If the aggregate value of the lands occupied by dissenting occupiers which are proposed in the scheme to be drained or improved is equal to or less than half the total value of all the lands proposed in the scheme to be drained or improved, the Commissioners shall examine the objections (if any) to the scheme sent by rated occupiers of lands proposed in the scheme to be drained or improved or by reputed proprietors, owners, or occupiers of lands, rights, or property proposed in the scheme to be compulsorily acquired, interfered with, or otherwise affected to the Commissioners in the manner and within the time specified in the notices served under this Act, and the Commissioners may reject any such objections which appear to them to be merely frivolous or vexatious.

(3) If on such examination of communications it appears that there are no such objections or all such objections are either rejected or withdrawn the Commissioners shall present the drainage scheme to the Minister for Finance for confirmation, but if on such examination it appears that there is any such objection which is not rejected or withdrawn, the Commissioners shall cause a public inquiry into such objections to be held as hereinafter provided.

(4) The value of any land for the purposes of this section shall be the value thereof as stated in the drainage scheme.

9 Inquiry in respect of objections.

9.—(1) A public inquiry in respect of objections to a drainage scheme shall be held by the person appointed for the purpose by the Commissioners and at such time and place as the Commissioners shall direct, and public notice of the holding of such inquiry shall be given in such manner as the Commissioners think proper and the Commissioners shall also send by prepaid post special notice of the holding of the inquiry to the persons who have made the objections in respect of which the inquiry is held.

(2) The following persons shall be entitled to appear and be heard (in person or by solicitor or counsel) and adduce evidence at the inquiry, that is to say:—

(a) the several persons who have made the objections in respect of which the inquiry is held, and

(b) any of the petitioners on whose petition the drainage scheme was prepared, and

(c) the county council or several county councils on whose resolution or resolutions the drainage scheme was prepared, and

(d) any other person interested in the drainage scheme whom the person holding the inquiry thinks fit to hear.

(3) The person holding such inquiry as aforesaid shall at the conclusion thereof report thereon to the Commissioners, and the Commissioners having considered such report may make such alterations (whether by way of variation, addition, or omission) in the drainage scheme as they think proper and shall then present the drainage scheme to the Minister for Finance for confirmation.

(4) The costs and expenses incurred by the Commissioners in holding any such inquiry shall be deemed to be part of the expenses of the preparation of the drainage scheme by the Commissioners.

10 Confirmation of drainage scheme by Minister for Finance.

10.—(1) A drainage scheme presented by the Commissioners to the Minister for Finance for confirmation shall be accompanied by such recommendations as the Commissioners shall think fit to make in relation to the confirmation or refusal of confirmation of the scheme or any part thereof, and the Minister for Finance having considered such recommendations may if he thinks fit by order confirm the scheme either without alteration or with such alterations (whether by way of variation, addition or omission) as he thinks proper to make therein, or may refuse to confirm the scheme.