Arterial Drainage (Minor-Schemes) Act , 1928

1 Definitions.

1.—(1) In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

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

the word “county” does not include a county borough;

the word “prescribed” means prescribed by the Minister by regulations made under this Act.

(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.

2 Petition for execution of drainage works.

2.—(1) Any three or more persons being occupiers of lands which are liable to be flooded or injured by water or which are capable of being improved by drainage other than thorough drainage or being persons upon trust for whom or for whose benefit any such lands are held by the occupiers thereof may at any time within five years after the passing of this Act but not later apply to the council of the county or the respective councils of the counties in which such lands are situate to have drainage works executed under this Act for the purpose of draining or improving such lands.

(2) Every application under this section to the council of a county or to the respective councils of two or more counties shall be made by petition presented (as the case may be) to such council or to each of such councils severally and every such petition shall be in writing in the prescribed form and shall state in general terms the drainage works which it is thereby proposed should be executed and shall contain a statement by the petitioners that to the best of their knowledge and belief the total cost of the execution of such drainage works will not exceed one thousand pounds.

3 Consideration of petition by the county council.

3.—(1) Every county council to whom a petition is presented under this Act within five years after the passing of this Act shall refer such petition to the county surveyor for his report on the general merits of the proposals contained in the petition and the probable total cost of the execution of the drainage works comprised in such proposals.

(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—

(a) if the sum stated in such report as the probable total cost of the execution of the drainage works proposed in such petition does not exceed one thousand pounds and effect can be given to the proposals contained in such petition without infringing any of the provisions of this Act, the council may as they think fit either pass a resolution approving of the proposals contained in the petition and determining to carry them out under this Act or pass a resolution disapproving of such proposals, or

(b) if the sum stated in such report as the probable total cost of the execution of the drainage works proposed in such petition exceeds one thousand pounds or effect cannot be given to the proposals contained in such petition without infringing some provision of this Act, the council may either pass a resolution that the petition and report be treated as a petition and report made under the Arterial Drainage Act, 1925, (No. 33 of 1925) or pass a resolution disapproving of such proposals.

(4) Where a petition is presented under this Act to the councils of two or more counties 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.

(5) Any county council or combination of county councils may, in lieu of referring such petition to a county surveyor, refer such 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, in default of agreement, shall be fixed by the Minister out of the several county funds of the councils by whom he is appointed.

4 Reports under the Arterial Drainage Act, 1925.

4.—Every report made within five years after the passing of this Act by a county surveyor or other qualified engineer under section 3 of the Arterial Drainage Act, 1925 (No. 33 of 1925) shall include a report as to whether the probable total cost of the execution of the drainage works comprised in the proposals to which the report relates will or will not exceed the sum of one thousand pounds and in the latter case the amount of such probable total cost and whenever any such report states that the probable total cost of the execution of such drainage works will not exceed one thousand pounds such report and the petition in reference to which such report was made shall be deemed to have been duly presented and made under this Act and this Act shall apply accordingly.

5 Preparation of drainage scheme.

5.—(1) Whenever a petition is duly presented or deemed to have been presented under this Act to one county council only and such council duly passes under this Act a resolution approving of the proposals contained in such petition and determining to carry them out under this Act, such council shall prepare and (subject to confirmation) carry into execution in accordance with this Act a drainage scheme to effect the objects of such proposals.

(2) Whenever a petition is duly presentel or deemed to have been presented under this Act to two or more county councils and every such council duly passes under this Act a resolution approving of the proposals contained in such petition and determining to carry them out under this Act, all such councils shall through and by a joint committee appointed by them for the purpose under this Act jointly prepare and (subject to confirmation) carry into execution in accordance with this Act a drainage scheme to effect the objects of such proposals.

(3) No county council shall prepare or carry out alone any drainage scheme which proposes the execution of any drainage works or the drainage or improvement of any lands outside the county of such council and no joint committee of county councils shall prepare or carry out any drainage scheme which proposes the execution of any drainage works or the drainage or improvement of any lands outside the counties of such councils.

(4) No county council or joint committee of county councils shall prepare or carry out any drainage scheme which proposes any interference with the works of any drainage district constituted in pursuance of the provisions of the Navigation (Ireland) Acts, 1842 to 1857, or the Drainage and Improvement of Lands (Ireland) Acts, 1863 to 1892, or the Arterial Drainage Act, 1925 (No. 33 of 1925), or with the lands, rights, and other property of any local authority without the consent of such authority or with the powers, lands, rights, and other property of any body charged with the control of the navigation of any river or having the ownership of any canal without the consent of such body.

6 Effect of certain resolutions.

6.—(1) If on the consideration under this Act of a petition and report the county council or all the county councils to which such petition was presented duly passes or pass a resolution that the petition and report be treated as a petition and report made under the Arterial Drainage Act, 1925 (No. 33 of 1925), the petition and report shall be deemed to have been duly presented and made under that Act and that Act shall apply accordingly.

(2) If on the consideration under this Act of a petition and report a county council duly passes a resolution disapproving of the proposals contained in such petition the secretary of such council shall communicate such resolution to the petitioners.

7 Form and contents of drainage scheme.

7.—(1) Every drainage scheme shall be in the prescribed form and shall have annexed thereto all such (if any) maps, drawings, plans, sections, and schedules as may be prescribed and shall show in the prescribed manner all such matters and things as are referred to in this Act as fixed by or stated in the drainage scheme and all such other matters and things as shall be prescribed.

(2) The probable total cost of carrying out the drainage scheme shall be stated in the scheme and shall not exceed the sum of one thousand pounds and, where the county council or joint committee charged with the preparation of a drainage scheme is satisfied after due investigation that it is not possible to frame a scheme which will give reasonable effect to the proposals contained in the petition for such scheme and can be carried out for a probable total cost not exceeding the sum of one thousand pounds, such council or committee shall declare such proposals incapable of being carried out under this Act and thereupon all proceedings under the said petition shall be abandoned but without prejudice to proceedings by petition under this Act for a new drainage scheme relating to the same locality.

(3) Where a drainage scheme is abandoned under this section the expenses incurred by the county council or joint committee in and about the preparation of such scheme prior to the abandonment thereof shall be paid (as the case may be) out of the county fund of such council or in such proportions as shall, in default of agreement, be determined by the Minister out of the several county funds of the county councils by whom such joint committee is appointed.

8 Notices of and objections to the scheme.

8.—Within the prescribed time after the completion of the preparation of the drainage scheme the county council or joint committee charged with the preparation thereof shall—

(a) deposit a copy of the drainage scheme in the office of such county council or of every of the county councils by whom such joint committee is appointed (as the case may be) and also in a convenient place at or near the site of the drainage works proposed to be executed under the drainage scheme, and

(b) keep every copy of the drainage scheme so deposited open to inspection by any person at all reasonable hours during the time prescribed for sending objections to the scheme to such county council or joint committee, and

(c) serve in the prescribed manner on all occupiers of lands proposed in the scheme to be drained or improved notice in the prescribed form of the preparation of the scheme and of the said deposit and opportunity of inspection of copies thereof and of the prescribed time (not being less than twenty-one days from the service of the notice) within which and the manner in which objections to the scheme may be sent to such county council or joint committee and also by the same or a separate notice (as may be prescribed) and in the prescribed form and manner require every such occupier to inform such county council or joint committee within a specified time (which shall be the same as the time for sending objections to such council or committee) and in the prescribed manner whether he assents to or dissents from the scheme, and

(d) if the drainage scheme proposes that any lands, rights, or other property should be acquired, serve in the prescribed manner on all owners or reputed owners, lessees or reputed lessees, and occupiers of such lands, rights and other property notice in the prescribed form of the preparation of the scheme and of the said deposit and opportunity of inspection of copies thereof and of the prescribed time (not being less than twenty-one days from the service of the notice) within which and the manner in which objections to the drainage scheme may be sent to such county council or joint committee and also by the same or a separate notice (as may be prescribed) and in the prescribed form inform every such owner or reputed owner, lessee or reputed lessee, or occupier that the scheme proposes the acquisition of some land, right, or other property (which property shall be fully described in the notice) owned, held, or occupied by him.

9 Confirmation of drainage scheme.

9.—(1) If the aggregate value as stated in the drainage scheme of so much of the lands proposed by the scheme to be drained or improved as are in the occupation of persons who have duly informed the county council or the joint committee (as the case may be) that they dissent from the scheme exceeds one-half of the total value as stated in the scheme of the lands so proposed to be drained or improved the county council or joint committee shall refuse to confirm the scheme but if the said aggregate value does not exceed one-half of the said total value the county council or joint committee (as the case may be) after considering the objections (if any) to the drainage scheme duly sent to them under this Act and hearing such (if any) persons as they are required by this section to hear, shall at their discretion either confirm the scheme without alteration or confirm the scheme with such alteration (whether by way of variation, addition, or omission) as they may think proper to make therein or refuse to confirm the scheme

(2) The following provisions shall apply to the confirmation under this section of a drainage scheme by a county council or joint committee and to the refusal of such confirmation, that is to say:—

(a) such confirmation or refusal shall be made only at a meeting of the county council or joint committee of which not less than seven days notice stating that the confirmation of the scheme will be considered at the meeting has been sent to every member of the county council or joint committee and also in the prescribed form and manner to the public,

(b) the notice to the public of such meeting shall state that any person bona fide aggrieved by or objecting to the drainage scheme may attend such meeting and will be heard by the council or committee,

(c) every person attending such meeting and claiming to be aggrieved by or to object to the drainage scheme and desiring to be heard shall be heard by the council or committee unless his grievance or objection appears to them to be frivolous or merely obstructive,

(d) the meeting may be adjourned from time to time as may be necessary or expedient,

(e) unless the confirmation of the scheme, whether with or without alteration, is passed at such meeting by an absolute majority of all the members of such county council or joint committee the confirmation of the drainage scheme shall be deemed to have been refused by such council or committee.

(3) When a county council or joint committee has duly confirmed a drainage scheme, whether with or without alteration, such county council or joint committee shall within the prescribed time serve on the prescribed persons and in the prescribed form and manner notice of the confirmation of the scheme.

(4) When a county council or a joint committee duly refuses or is deemed to have refused to confirm a drainage scheme such scheme shall be abandoned and no further steps shall be taken in respect thereof but without prejudice to proceedings by petition under this Act for a new drainage scheme relating to the same locality.

(5) The expenses incurred by a county council or a joint committee in and about the preparation and confirmation of a drainage scheme shall, whether such scheme is or is not confirmed under this section, be paid (as the case may be) out of the county fund of such council or in such proportions as shall in default of agreement be determined by the Minister out of the several county funds of the county councils by whom such joint committee is appointed.

(6) The confirmation of a drainage scheme under this section shall be conclusive evidence that the requirements of this Act have been complied with in respect of such scheme and that such scheme has been duly made and is within the powers conferred by this Act.

(7) References in this Act to a drainage scheme in relation to anything to be done or to occur at any time subsequent to the confirmation of such scheme under this section shall be construed as references to such scheme as so confirmed.

10 Carrying out of drainage scheme.

10.—When a drainage scheme has been duly confirmed under this Act such scheme (with such reasonable additions, omissions, variations and deviations as shall in the course of the work be found necessary) shall be carried out in accordance with this Act by the county council or through and by the joint committee (as the case may be) by whom such scheme was prepared.

11 Acquisition of land for purposes of drainage scheme.

11.—(1) A county council or joint committee charged with the carrying out of a drainage scheme under this Act may at any time after the confirmation of such scheme acquire, either by agreement or compulsorily, for the purposes of such scheme any lands, rights or other property stated in such scheme as intended to be acquired, and for the purpose of such acquisition every drainage scheme shall be deemed to incorporate the Lands Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, section 11 of the Housing of the Working Classes (Ireland) Act, 1908, sections 7 and 12 of the Housing (Ireland) Act, 1919, and the Acquisition of Land (Assessment of Compensation) Act, 1919, and those Acts shall apply accordingly.

(2) All property acquired under this section by a joint committee shall be conveyed to and vested in the county council of the county in which such property is situate and the conveyance or the receipt or other document operating as the conveyance of such property shall be framed accordingly and such property shall be held by such council upon trust for the purposes of the drainage scheme.

12 Assessments to the drainage rate.

12.—(1) When all the drainage works to be executed under a drainage scheme have been completed and the scheme has been fully carried out, the county council or joint committee charged under this Act with the carrying out of such scheme shall cause the lands proposed in the scheme to be drained or improved to be inspected by a competent land valuer or land surveyor appointed by them and a report to be made to them by such valuer or surveyor as to the completion of the said works and the carrying out of the scheme and as to the amounts by which the respective annual values of the said lands have been increased by the carrying out of the scheme.