Arterial Drainage Act , 1945

PART I. Preliminary.

1 Short title.

1.—This Act may be cited as the Arterial Drainage Act, 1945.

2 Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Finance;

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

the expression “the Reference Committee” means the Reference Committee constituted by paragraph (c) of sub-section (5) ofsection 1 of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925);

the expression “benefited lands” means either (as the context requires) lands stated in a drainage scheme under this Act to be lands which will be drained or otherwise improved by the execution of the drainage works specified in such scheme or stated in an Award under this Act or any previous Act, to be lands which have been drained or otherwise improved by the execution of the drainage works mentioned in such Award;

the expression “existing drainage district” means a drainage district constituted under any of the Acts specified in the First Schedule to this Act and wholly situate within the State;

the expression “existing drainage works” means the drainage works in an existing drainage district;

the word “embankment” means an artificial watercourse, drain, embankment, or other work constructed for the protection of land from flooding and includes all sluices, sluice-gates, pumps, weirs, watercourses, and other works forming part of or essential to the effective operation of any such embankment or work;

the expression “existing embankment” means an embankment constructed (whether before or after the passing of this Act) for the protection from flooding of land purchased under the Land Purchase Acts or the subject of proceedings under those Acts, whether such embankment was constructed before or after such purchase or the institution of proceedings therefor and whether such embankment was constructed by a former landlord or other person or by trustees or by or under the supervision of the Irish Land Commission;

the word “county” includes a county borough and, in relation to a county borough, the word “council” shall be construed as meaning the corporation of such county borough and the expression “poor rate” shall be construed as meaning the municipal rate;

the expression “reserved function” means—

(a) in the case of the corporation of a county borough, a reserved function for the purposes of the enactments relating to the management of that county borough,

(b) in any other case, a reserved function for the purposes of the County Management Acts, 1940 and 1942;

the word “weir” includes a dam and also includes all sluices, sluice-gates, flood-gates, locks, and other things forming part of a weir or a dam;

the word “watercourse” includes rivers, streams, and other natural watercourses, and also canals, drains, and other artificial watercourses;

a reference to a private bridge does not include a reference to any kesh, footstick or other similar structure.

3 Expenses.

3.—The expenses incurred by the Minister or the Commissioners in the administration of this Act shall (to such extent as may be sanctioned by the Minister and so far as they are not otherwise provided for by this Act) be paid out of moneys provided by the Oireachtas.

PART II. Drainage Schemes.

4 Preparation of drainage schemes.

4.—(1) Whenever the Commissioners are of opinion that the execution of arterial drainage works is expedient in respect of any catchment area for the purpose of preventing or substantially reducing the periodical flooding of lands in that area or of improving by drainage lands in the said area, it shall be lawful for the Commissioners to prepare a scheme (in this Act referred to as a drainage scheme) for the execution of such works and for that purpose to make such engineering and valuation surveys of the said area as shall appear to them to be necessary or expedient.

(2) Every drainage scheme prepared by the Commissioners in pursuance of this section 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 waters and watercourses proposed to be dealt with,

(b) the lands which will be drained or otherwise improved by the carrying out of the scheme,

(c) the drainage works proposed to be executed in pursuance of the scheme,

(d) where the benefited lands are all situate in one county, the aggregate annual value (at the time of the preparation of the scheme) of those lands and the total increase in the annual value thereof which will probably arise in consequence of the execution of the scheme or, where the benefited lands are situate in two or more counties, the respective aggregate annual values (at the time aforesaid) of the portions of those lands situate in each such county and the several total increases in the annual values of those portions respectively which will probably arise in consequence of the execution of the scheme,

(e) the lands proposed to be compulsorily acquired or substantially interfered with, the easements, fisheries, water-rights, navigation-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,

(f) the reputed proprietors, owners, and rated or other occupiers of the several lands proposed to be compulsorily acquired or substantially interfered with and of the several easements, fisheries, water-rights, navigation-rights, and other rights, and private roads and bridges proposed to be compulsorily acquired, restricted, terminated or otherwise interfered with,

(g) the area proposed to be constituted a separate drainage district on the completion of the carrying out of the scheme.

(3) It shall be lawful for the Commissioners and their officers, agents, and servants to enter on any lands and there do all such things as may appear to them to be necessary or expedient for the purposes of the preparation of a drainage scheme and the making of any such surveys in relation thereto as are mentioned in sub-section (1) of this section.

(4) Every mention or reference contained in this Act of or to a drainage scheme shall be construed as including every map, drawing, plan, section, and schedule annexed to such drainage scheme.

5 Sending of copies of schemes to councils.

5.—(1) When the Commissioners have prepared a drainage scheme they shall—

(a) send a copy of such scheme to the council of every county in which the area or any part of the area proposed by such scheme to be constituted a separate drainage district is situate, and

(b) publish in the Iris Oifigiúil and such one or more newspapers circulating in the said area as they shall consider appropriate a notice stating that such scheme has been prepared by them and the electoral divisions to which or to a part of which it relates and also stating the place or places at which and the period, not being less than one month, during which a copy of such scheme will be available for inspection in pursuance of the next following sub-section of this section.

(2) Every council of a county to which a copy of a drainage scheme is sent by the Commissioners in pursuance of this section—

(a) shall cause such copy to be exhibited in their principal offices or other convenient place during the period specified in that behalf in the notice relating to such scheme published in pursuance of the next preceding sub-section of this section and shall permit such copy to be inspected during office hours by any person claiming to be interested therein, and

(b) shall examine and consider the drainage scheme of which such copy is a copy, and

(c) may, at any time within three months after the date of the publication in the Iris Oifigiúil in pursuance of the next preceding sub-section of this section of the notice relating to such scheme, send to the Commissioners all such observations in regard to such scheme as such council shall think proper.

(3) The duty imposed on the council of a county by paragraph (b) of sub-section (2) of this section and the power conferred on the council of a county by paragraph (c) of the said sub-section (2) shall each be a reserved function.

6 Notices to reputed proprietors, occupiers, etc.

6.—(1) Simultaneously with or as soon as may be after sending a copy of a drainage scheme to councils of counties in pursuance of the next preceding section, the Commissioners shall—

(a) serve on every person named in such drainage scheme as a reputed proprietor, owner, or rated or other occupier of any land proposed to be compulsorily acquired or substantially interfered with or of any easement, fishery, water-right, navigation-right, or other right or of any private road or bridge proposed to be compulsorily acquired, restricted, terminated or otherwise interfered with a notice stating that such scheme has been prepared, specifying the place or places at which and the period during which a copy of such scheme will be available for inspection in pursuance of this Act and informing him that such scheme proposes the compulsory acquisition of or interference with some land, right, or other property (which land, right, or property and the proposed interference (if any) shall be fully described in the notice) reputed to be owned or occupied by him, and

(b) serve on every person who is the local authority (not being a council to which a copy of such scheme has been sent in pursuance of the next preceding section) charged with the maintenance of any public road or bridge proposed in such scheme to be diverted, removed, or otherwise interfered with a notice informing such local authority of the preparation of such scheme and of the diversion, removal, or interference proposed in such scheme to be made in respect of such road or bridge.

(2) Every notice served on any person in pursuance of the foregoing sub-section of this section shall contain a statement informing such person that he may, within one month after the service of such notice on him, send to the Commissioners all such observations (if any) as he shall think proper in regard to (as the case may be) the acquisition, restriction, termination, or interference or the diversion, removal, or interference mentioned in such notice.

(3) Every person on whom a notice is served in pursuance of this section may, at any time within one month after the service of such notice on him, send to the Commissioners all such (if any) observations in regard to the acquisition, restriction, termination, or interference or the diversion, removal, or interference (as the case may be) mentioned therein as he shall think proper.

(4) A notice required by this section to be served on any person may be served by post and, where the address of such person is not known, the letter containing such notice may be addressed to him at the lands or the place of situation of the right or property to which the notice relates.

7 Confirmation of drainage scheme by the Minister.

7.—(1) When all the times limited by the foregoing provisions of this Act for the sending to the Commissioners of observations by councils of counties in regard to a drainage scheme and for the sending to the Commissioners of observations by persons on whom a notice has been served in pursuance of the next preceding section have expired, the Commissioners shall do the following things, that is to say:—

(a) consider every such observation sent to them within the time appropriate thereto, and

(b) after consultation with the Minister for Industry and Commerce, the Minister for Agriculture, the Minister for Local Government and Public Health, and such other (if any) Minister of State as they shall think proper, make such, if any, alterations (whether by addition, omission, or variation) in the drainage scheme as they shall think proper, and

(c) submit the drainage scheme as so altered (if at all) to the Minister.

(2) When a drainage scheme has been submitted to the Minister in pursuance of this section, the Minister shall do whichever of the following things shall appear to him to be proper, that is to say, make an order confirming such scheme, or refuse to confirm such scheme, or refer such scheme back to the Commissioners for revision in specified respects and subsequent re-submission to the Minister under this section.

8 Inclusion of existing drainage works in a drainage scheme.

8.—(1) A drainage scheme may provide for the inclusion of the whole or a specified part of existing drainage works in the works proposed by such scheme to be executed and may provide for such inclusion either with or without the reconstruction or repair of such existing works.

(2) Where a drainage scheme as confirmed by the Minister provides for the inclusion of the whole or a specified part of existing drainage works in the works thereby proposed to be executed, the following provisions shall have effect, that is to say:—

(a) as soon as the Commissioners have entered on the said existing drainage works for the purpose of carrying out the said drainage scheme, the Commissioners shall make an order declaring the date on which they first so entered on the said existing drainage works and thereupon such order shall become and be conclusive evidence for all purposes of the date on which the Commissioners first so entered on the said existing drainage works;

(b) as on and from the date on which the Commissioners first enter on the said existing drainage works for the purpose of carrying out the said drainage scheme, the drainage district containing the said existing drainage works shall cease to exist;

(c) nothing in this section shall operate to relieve the council of a county from liability (if any) for any payments to the Commissioners in repayment of any advance made under any Act by the Commissioners for the said existing drainage works.

9 The carrying out of a drainage scheme.

9.—When the Minister has made an order confirming a drainage scheme, the Commissioners shall proceed to carry out the scheme, and for that purpose the said order shall operate to confer on the Commissioners power—

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

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

(c) to acquire compulsorily the several lands, easements, fisheries, water-rights, navigation-rights, and other rights proposed in the scheme to be so acquired, and, if the Commissioners think fit so to do, to enter on any such lands or exercise any of such easements, fisheries, water-rights, navigation-rights, and other rights before the conveyance or ascertainment of price of such lands, easements, fisheries, or rights, and

(d) to interfere substantially with any land proposed in the scheme to be so interfered with and, if the Commissioners so think fit, to enter on and so interfere with such land before any ascertainment of compensation in respect thereof, and

(e) to restrict, terminate, or otherwise interfere with any easements, fisheries, water-rights, navigation-rights, or other rights proposed in the scheme to be compulsorily restricted, terminated, or interfered with, and to divert, remove, or otherwise interfere with any roads or bridges proposed in the scheme to be diverted, removed, or interfered with, and, if the Commissioners so think fit, to do any of the things aforesaid before any ascertainment of compensation in respect thereof, and

(f) for the purpose of the due carrying out of the scheme to do all or any of the following things, that is to say:—

(i) take from any land all sods and other material required for the said purpose,

(ii) deposit on any land all spoil or other material produced in the course of such carrying out,

(iii) utilise for the said purpose all or any spoil, gravel, stone, rock, or other matter removed in the course of such carrying out, and

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

10 Protection of fisheries.

10.—(1) It shall not be obligatory on the Commissioners, when constructing drainage works in pursuance of a drainage scheme, to comply with the Fisheries Acts, 1842 to 1944.

(2) Notwithstanding the exemption conferred by the foregoing sub-section of this section, the Commissioners shall, when constructing drainage works in pursuance of a drainage scheme, take such precautions and make such provisions as the Minister for Agriculture may consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the construction of such drainage works, provided that the said Minister shall, in consultation with the Commissioners, satisfy himself that taking such precautions and making such provisions will not cause substantial detriment to such drainage works or substantial hindrance to their construction.

11 Duties of the Commissioners in regard to public roads and bridges.

11.—(1) Where a drainage scheme provides for the diversion, removal, or other interference of or with a public road or bridge the following provisions shall have effect, that is to say:—

(a) where the carrying out of the scheme involves the closing of such road or bridge to traffic, the Commissioners shall either, as they shall think proper, construct and (while such road or bridge is so closed to traffic) maintain a temporary road or bridge sufficient to carry traffic of such quantity and character as normally uses such road or bridge, or by order made with the consent of the Minister for Local Government and Public Health prescribe an alternative route to be used while such road or bridge is so closed to traffic;

(b) the Commissioners shall, before the completion of the carrying out of the scheme, do whichever of the following things they shall think proper, that is to say:—

(i) restore the said road or bridge to its former condition, or

(ii) after consultation with the Minister for Local Government and Public Health, construct a new permanent road or bridge sufficient to carry the like amount (in quantity and character) of traffic as the said original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge, or