Barrow Drainage Act 1927

1 Definitions.

1.—(1) In this Act—

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

the expression “the draft scheme” means the draft scheme to be prepared by the Commissioners under this Act;

the expression “the scheme” means the scheme confirmed by the Minister for Finance under this Act;

the expression “the counties concerned” means the counties of Wicklow, Kildare, Leix, Offaly, Carlow and Kilkenny;

the expression “the county councils” means the councils of the counties concerned;

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

the expression “the drainage works” means the drainage works executed by the Commissioners under this Act;

the expression “the maintenance of the drainage works” means the maintenance of the drainage works in good repair and condition and proper and efficient working order and includes everything incidental to such maintenance;

the expression “the cost of the maintenance of the drainage works” means all costs and expenses (including remuneration of officers and servants) of or incidental to the maintenance of the drainage works;

the expression “local financial year” means a period commencing on the first day of April and ending on the following 31st day of March;

all expressions to which special meanings are assigned by the Local Government (Ireland) Act, 1898, or the Local Government Act, 1925 (No. 5 of 1925) 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” includes lands, buildings, and premises of every description whether urban or rural.

2 Preparation of draft scheme by the Commissioners.

2.—(1) As soon as may be after the passing of this Act the Commissioners shall prepare a draft scheme of arterial drainage for reducing flooding on the River Barrow and its tributaries and for the carrying out of the works necessary therefor and of such other works subsidiary or incidental thereto as the Commissioners may think necessary or desirable.

(2) The draft scheme shall show, either in the body thereof or by means of appropriate maps, drawings, plans, sections, and schedules annexed thereto, the following matters, that is to say:—

(a) the rivers, streams, and 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, the roads and bridges and the railways and navigations proposed to be diverted, removed or otherwise interfered with, and

(d) the reputed proprietors and owners, and the rated or other occupiers of the several lands and premises, easements, water-rights, and other rights, public roads and bridges, railways and navigations 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

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

(f) an estimate of the cost of the execution of the proposed works and of the expenses generally of carrying out the proposals contained in the draft scheme.

(3) In preparing the draft scheme the Commissioners shall have regard to the user of the River Barrow and the Canals connecting therewith for the purpose of navigation and to the necessity of avoiding any permanent interference with or hindrance to such navigation.

(4) The expenses incurred by the Commissioners in preparing the draft scheme shall be part of the general expenses of carrying the scheme into execution and shall be paid accordingly.

(5) The Commissioners shall for the purpose of the preparation of the draft scheme be entitled at all reasonable times to enter upon any land or premises affected or alleged or believed to be affected by the flooding of the River Barrow or its tributaries and upon such other land or premises in the neighbourhood thereof as the Commissioners shall think necessary and there to do such acts and things as shall be reasonably necessary for the purpose aforesaid.

3 Publication of draft scheme.

3.—(1) When the draft scheme has been prepared by the Commissioners the Commissioners shall—

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

(b) serve on all reputed proprietors and owners, and the rated or other occupiers of lands, rights, or other property proposed in the draft 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, in the case of every such proprietor, owner, and occupier, a notice informing him that the draft scheme proposes the compulsory acquisition of or interference or dealing with some land, right, or other property (which interference or dealing (if any) and property shall be fully described in the notice) owned or occupied by him, and

(c) serve on the local authority charged with the maintenance of any public road or bridge proposed in the draft 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, and

(d) serve on every person owning any railway or navigation proposed in the draft 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 person of the diversion, removal, or other interference so proposed.

(2) Every notice served under this section on a reputed proprietor or owner or on a rated or other occupier of any lands, rights or other property or upon a local authority charged with the maintenance of any public road or bridge or upon a person owning any railway or navigation shall contain or be accompanied by a statement or notice requiring such proprietor, owner, or occupier, or such local authority or such person (as the case may require) if such proprietor, owner or occupier or such local authority or such person (as the case may be) has any objection to the draft 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.

(3) At the expiration of the time limited in the said notices for the communication to the Commissioners of objections to the draft scheme, the Commissioners shall examine all such objections so communicated to them and the Commissioners may reject any such objections which appear to them to be merely frivolous or vexatious.

(4) If on such examination of objections it appears that there are no such objections or all such objections are either rejected or withdrawn, the Commissioners shall present the draft 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 Inquiry in respect of objections to draft scheme.

4.—(1) In the event of its becoming necessary under the foregoing section to hold a public inquiry in respect of objections to the draft scheme, such inquiry shall be held by a 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 shall 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 county councils, and

(c) any other person interested in the draft 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 draft scheme as they think proper and shall then present the draft 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 draft scheme by the Commissioners.

5 Confirmation of draft scheme by Minister for Finance.

5.—(1) Upon presentation of the draft scheme to the Minister for Finance by the Commissioners, the Minister for Finance may by order confirm the draft scheme either without alteration or with such alterations (whether by way of variation, addition, or omission) as he thinks proper to make therein.

(2) After the confirmation of the scheme by the Minister for Finance the Commissioners shall—

(a) serve on every reputed proprietor or owner, and every rated or other occupier of any land, right, or other property proposed in the scheme to be compulsorily acquired, interfered with, or otherwise affected a notice informing him that the scheme has been confirmed by the Minister for Finance and proposes the compulsory acquisition of or interference or dealing with some land, right, or other property (which interference or dealing (if any) and property shall be fully described in the notice) owned or occupied by him, and

(b) serve on every 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 notice informing such local authority that the scheme has been confirmed by the Minister for Finance and proposes the diversion, removal, or other interference (as the case may be) with a public road or bridge (which interference and road or bridge shall be fully described in the notice) with the maintenance of which such local authority is charged, and

(c) serve on every person owning a railway or navigation proposed in the scheme to be diverted, removed, or otherwise interfered with a notice informing such person that the scheme has been confirmed by the Minister for Finance and proposes the diversion, removal, or other interference (as the case may be) with a railway or navigation (which interference and railway or navigation shall be fully described in the notice) owned by such person.

(3) Every such notice as aforesaid shall be served not later than one month before the Commissioners proceed to acquire, or divert, remove, or otherwise interfere with the property to which such notice relates.

6 Preparation of substituted or additional scheme.

6.—(1) If after the confirmation of the scheme by the Minister for Finance it appears to the Commissioners that alterations are necessary in the works proposed in the scheme to be executed (in this section called the original works) or that works additional to the original works are necessary the Commissioners may either—

(a) prepare a draft scheme (in this section referred to as a substituted scheme) to be substituted for the scheme and containing proposals for the execution of the original works with such alterations of such works as the Commissioners consider necessary whether such alterations involve or do not involve an increase of the estimate of the cost of the execution of the original works and of the expenses generally of carrying out the proposals contained in the scheme or involve or do not involve the compulsory acquisition of or other interference with any lands, rights, or other property other than the lands, rights, or other property proposed in the scheme to be compulsorily acquired or otherwise interfered with, or

(b) prepare a draft scheme (in this section referred to as an additional scheme) to be an addition to the scheme and containing proposals for the execution of works in addition to the original works whether such additional works involve or do not involve an increase of the estimate aforesaid or involve or do not involve the compulsory acquisition of or other interference with any lands, rights, or other property other than the lands, rights, or other property proposed in the scheme to be compulsorily acquired or otherwise interfered with.

(2) The Commissioners shall publish such notices, receive such objections, and hold such inquiries (if any) in respect of a draft substituted scheme or a draft additional scheme prepared by them under this section as shall be directed by the Minister for Finance, and shall present such draft substituted scheme or draft additional scheme, when finally settled by them, to the Minister for Finance for confirmation.

(3) Upon such presentation of a draft substituted scheme or a draft additional scheme the Minister for Finance may by order confirm such draft substituted scheme or draft additional scheme either without alteration or with such alterations (whether by way of variation, addition, or omission) as he thinks proper to make therein.

(4) When a substituted scheme or an additional scheme has been confirmed by the Minister for Finance all references in this Act to the scheme shall, in respect of anything done or to be done after such confirmation, be construed and take effect as references (as the case may require) to the substituted scheme or to the scheme and the additional scheme collectively.

7 Carrying out of scheme by the Commissioners.

7.—When an order has been made by the Minister for Finance under this Act confirming the scheme the Commissioners shall proceed to carry out the scheme and for that purpose the order shall operate to confer on the Commissioners power—

(a) to construct, execute, and complete the works specified in the scheme with such reasonable additions, omissions, variations, and deviations as shall in the course of the work be found to be necessary, and

(b) to enter on any land or premises and there do all such acts and things as shall be reasonably necessary for or incidental to the construction, execution, and completion of the said works with such additions, omissions, variations, and deviations as aforesaid, and

(c) to acquire compulsorily the several lands and premises, easements, water-rights, and other rights proposed in the scheme to be compulsorily acquired, and, if the Commissioners think fit so to do, to enter on any such lands or premises or exercise any of such easements, water-rights, and other rights at any time after the service on the reputed proprietor or owner, and the rated or other occupier of such lands or premises, easement, water-right or other right of the notice required by this Act to be served on such proprietor, owner and occupier by the Commissioners after the confirmation of the scheme by the Minister for Finance and notwithstanding that the conveyance of such lands, premises, easement, or right has not been executed or the price thereof ascertained at the time of such entry or exercise, and

(d) to restrict, terminate, or otherwise interfere with any easements, water-rights, or other rights proposed in the scheme to be compulsorily restricted, terminated or otherwise interfered with, and to divert, remove, or otherwise interfere with any railways, navigations, roads, or bridges proposed in the scheme to be diverted, removed, or otherwise interfered with, and, if the Commissioners so think fit, to do any of the things aforesaid at any time after the service on the reputed proprietor or owner of such easements, water-rights or other rights or on the person owning such railways or navigations or on the local authority charged with the maintenance of such roads or bridges (as the case may be) of the notice required by this Act to be served on such reputed proprietor or owner or such person or such local authority (as the case may be) by the Commissioners after the confirmation of the scheme by the Minister for Finance and notwithstanding that no conveyance has been executed or compensation ascertained or paid in respect thereof, and

(e) to do all such other acts and things as in the opinion of the Commissioners shall be necessary or proper for or reasonably incidental to the due carrying out of the scheme and are not specifically provided for by this Act.

8 Mode of fixing amount of compensation.

8.—(1) As soon as may be after the confirmation of the scheme by the Minister for Finance the Commissioners shall proceed to acquire the several lands, and premises, easements, waterrights, and other rights proposed in the scheme to be compulsorily acquired, and the compensation to be paid for such lands, premises, and rights to the several persons entitled thereto or having estates or interests therein or entitled to or having estates or interests in the lands and premises over which such rights are to be acquired shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919.

(2) The amount of the compensation payable—

(a) to any person on account of the compulsory restriction, termination, or other interference with any easement, water-right, or other right; or

(b) to any local authority charged with the maintenance of any public road or bridge on account of the diversion, removal, or other interference with such road or bridge under or in pursuance of the scheme: or

(c) to any person owning a railway or navigation on account of the diversion, removal, or other interference with such railway or navigation under or in pursuance of the scheme,

shall in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 in like manner as if such compensation were the price of the land compulsorily acquired.