Arterial Drainage Act, 1945

Arterial Drainage Act, 1945 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1945 Arterial Drainage Act, 1945 Arterial Drainage Act, 1945 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 3 of 1945. ARTERIAL DRAINAGE ACT, 1945. ARRANGEMENT OF SECTIONS PART I. Preliminary Section 1. Short title. 2. Definitions. 3. Expenses. PART II. Drainage Schemes. 4. Preparation of drainage schemes. 5. Sending of copies of schemes to councils. 6. Notices to reputed proprietors, occupiers, etc. 7. Confirmation of drainage scheme by the Minister. 8. Inclusion of existing drainage works in a drainage scheme. 9. The carrying out of a drainage scheme. 10. Protection of fisheries. 11. Duties of the Commissioners in regard to public roads and bridges. 12. Amendment of drainage schemes. 13. Certificate of total or partial completion. 14. Acquisition of and compensation for lands, rights, etc. 15. Compensation for certain interferences with land, etc. 16. Compensation for injury to canals, fisheries, etc. 17. Matters to beregarded in assessment of compensation. 18. Amendment of valuation of benefited lands. 19. The Award. 20. Disposal of surplus lands, etc. PART III. Existing Drainage Districts. 21. The appointed day for this Part of this Act. 22. Abolition of drainage rates. 23. Maintenance of existing drainage works. 24. Maintenance transfer orders. 25. Dissolution of drainage trustees and drainage boards. 26. Defrayal of the cost of existing drainage works. 27. Provisions in respect of the Barrow Drainage District. 28. Certain provisions in respect of existing drainage districts managed by councils. 29. Failure of council to maintain existing drainage works. 30. Duty of councils to furnish reports. PART IV. Existing Embankments. 31. Transfer of control and management of existing embankments to the Commissioners. 32. Power to construct a substitute embankment. 33. Defrayal of cost of maintenance of an existing embankment. 34. Abandonment of an existing embankment. 35. Trust funds in respect of existing embankments. 36. Provisions in respect of certain existing embankments. PART V. Maintenance of Drainage Works. 37. Maintenance of drainage works by the Commissioners. 38. Powers of the Commissioners in relation to maintenance. PART VI. Amendment of Awards. 39. Execution of additional works. 40. Amendment of Awards. 41. Application of certain provisions to supplemental Awards. PART VII. The Panel of Drainage Arbitrators. 42. The Panel of Drainage Arbitrators. PART VIII. Miscellaneous and General. 43. General power to the Commissioners to employ contractors. 44. Additional powers for recovery of moneys payable by county councils. 45. Payment of certain debts out of compensation. 46. Control and management of weirs. 47. Restrictions on the erection, alteration, etc., of weirs. 48. Power of the Commissioners to compel repair of watercourses. 49. Compulsory drainage orders. 50. Restrictions on the construction or alteration of bridges. 51. Protection of the Commissioners m certain liabilities. 52. Offences and penalties. 53. Bye-Laws. 54. Apportionment of land purchase annuities, etc. 55. Provisions in respect of the District of Fergus. 56. Provisions in respect of the drainage schemes in the Third Schedule. 57. Drainage districts partly outside the State. 58. Provision in respect of certain drainage schemes under the Arterial Drainage Acts, 1925 and 1929. 59. Prohibition of drainage schemes under Acts in First Schedule. FIRST SCHEDULE. SECOND SCHEDULE. THIRD SCHEDULE. Acts Referred to Arterial Drainage Act, 1925 No. 33 of 1925 Barrow Drainage Act, 1927 No. 26 of 1927 Drainage Maintenance Act, 1924 No. 46 of 1924 Barrow Drainage Act, 1933 No. 30 of 1933 Land Act, 1931 No. 11 of 1931 Land Act, 1923 No. 42 of 1923 Land Act, 1927 No. 19 of 1927 Fisheries Act, 1939 No. 17 of 1939 District of Fergus Drainage Act, 1943 No. 13 of 1943 Arterial Drainage (Amendment) Act, 1929 No. 18 of 1929 River Owenmore Drainage Act, 1926 No. 3 of 1926 Arterial Drainage (Minor Schemes) Act, 1928 No. 23 of 1928 Number 3 of 1945. ARTERIAL DRAINAGE ACT, 1945. AN ACT TO MAKE PROVISION FOR THE DRAINAGE AND IMPROVEMENT OF LAND BY THE EXECUTION OF WORKS OF ARTERIAL DRAINAGE, TO PROVIDE FOR THE MAINTENANCE OF THOSE WORKS AND MAKE FURTHER AND BETTER PROVISION FOR THE MAINTENANCE OF EXISTING DRAINAGE WORKS, AND TO PROVIDE FOR MATTERS INCIDENTAL TO OR CONNECTED WITH THE MATTERS AFORESAID OR RELATING GENERALLY TO THE DRAINAGE OF LAND. [1st March, 1945.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary. Short title. 1.—This Act may be cited as the Arterial Drainage Act, 1945. 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) of section 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. 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. 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. 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. 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. 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. 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. 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. 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. 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 (iii) with the consent of the Minister for Local Government and Public Health, so improve (by reconstruction, strengthening, widening, or otherwise) an existing alternative road or bridge that it will be sufficient to carry the traffic which will be likely to use it and will not be substantially less convenient than the said original road or bridge; (c) where the Commissioners construct a permanent new road or bridge or improve an existing alternative road or bridge and such road or bridge confers substantially greater advantages on the public of any county or urban district than the original road or bridge, whether by affording an improved means of communication or otherwise, the Commissioners shall certify the cost of such new road or bridge or of such improvement (as the case may be) and the Minister for Local Government and Public Health shall certify what part of such cost in his opinion ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of the maintenance by such council of county or urban roads (as the case may be) and shall be paid by such council to the Commissioners; (d) if any doubt, dispute, or question shall arise as to whether the Commissioners, in the construction or maintenance of any temporary road or bridge or the restoration of an existing road or bridge or the improvement of an existing alternative road or bridge (as the case may be) pursuant to this section, have complied with the relevant provisions of this section, or as to whether a permanent new road or bridge constructed by the Commissioners or an existing alternative road or bridge improved by the Commissioners (as the the case may be) confers substantially greater advantages on the public of any county or urban district than the original road or bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health whose decision shall be final and conclusive. (2) The Commissioners may agree with the appropriate local authority for the doing by such local authority of anything which the Commissioners are required or authorised by the next preceding sub-section of this section to do and may further agree to make to such local authority payment for or towards the cost of the doing of such thing by such local authority. (3) Nothing in this section shall operate to impose on the Commissioners any duty or responsibility in respect of the maintenance of any new permanent road or bridge constructed by them in pursuance of this section or any road or bridge similarly restored or improved by them. Amendment of drainage schemes. 12.—Whenever in the course of the carrying out of a drainage scheme it becomes necessary, in the opinion of the Commissioners, to acquire compulsorily or interfere substantially with any lands not mentioned in that behalf in the drainage scheme or to acquire, restrict, terminate, or otherwise interfere with compulsorily any easement, fishery, water-right, navigation-right, or other right similarly not mentioned or to divert, remove or otherwise interfere with any road or bridge (whether public or private) similarly not mentioned, the following provisions shall apply and have effect, that is to say:— (a) it shall be lawful for the Commissioners, with the sanction of the Minister, so to amend provisionally the said drainage scheme as to include therein the compulsory acquisition, restriction, termination, diversion, removal, or interference so found necessary; (b) the provisions of this Act in relation to sending copies of a drainage scheme to councils of counties, serving notice on reputed proprietors, owners, occupiers and local authorities, enabling such councils, proprietors, owners, occupiers, and local authorities to send observations to the Commissioners, and requiring the Commissioners to consider such observations shall apply and have effect in relation to every such provisional amendment of the said drainage scheme in like manner as they applied to the scheme itself, subject to the modification that the time within which observations may be sent to the Commissioners shall in every case be twenty-one days; (c) the Commissioners shall consider every such observation sent to them within the time appropriate thereto and shall, when all such times have expired, confirm such amendment either (as they shall think proper) without alteration or with such alterations as they shall think proper; (d) when such amendment has been so confirmed, the said drainage scheme shall have effect and be deemed always to have had effect with and subject to such amendment, and accordingly references in this Act to a drainage scheme shall, in relation to the said drainage scheme, be construed and have effect (wherever the context so permits) as referring to the said drainage scheme as so amended; (e) while any such amendment is a provisional amendment it shall be lawful for the Commissioners to act on such amendment as if it had been confirmed, subject to the Commissioners making such restitution or restoration (if any) or paying such compensation (if any) as may be just and equitable in consequence of such amendment being confirmed with alterations; (f) every dispute as to the need for any such restitution, restoration, or compensation or as to the nature, extent, or amount thereof shall be decided by an arbitrator nominated by the Reference Committee from the Panel of Drainage Arbitrators whose decision thereon shall be final and conclusive. Certificate of total or partial completion. 13.—(1) When the Minister is satisfied on the representation of the Commissioners that a portion of the drainage works specified in a drainage scheme has been completed in accordance with that scheme (with such additions, omissions, variations, and deviations as may have been found necessary in the course of the work) and that the said portion of the said drainage works can conveniently be regarded as a separate work for the purposes of so much of this Act as relates to matters subsequent to the completion of a drainage scheme, the Minister shall, subject to the subsequent provisions of this section, cause to be issued a certificate (in this Act referred to as a certificate of partial completion) sealed with his official seal certifying that the said portion of the said drainage works has been completed as aforesaid. (2) When the Minister is satisfied on the representations of the Commissioners that the whole of the drainage works specified in a drainage scheme have been completed in accordance with that scheme (with such additions, omissions, variations, and deviations as may have been found necessary in the course of the work), the Minister shall, subject to the subsequent provisions of this section, cause to be issued a certificate (in this Act referred to as a certificate of total completion) sealed with his official seal certifying that the whole of the said drainage works have been completed as aforesaid. (3) In this Act the expression “certificate of completion” includes both a certificate of total completion and a certificate of partial completion. (4) The following provisions shall apply and have effect in relation to the issue under this section of a certificate of completion, that is to say:— (a) the Minister shall cause to be published in the Iris Oifigi[html]il and in such one or more newspapers circulating in the area to which the drainage scheme relates as he shall think proper a notice stating that the Minister proposes to issue the said certificate and that any person may, within two months after the date of the publication of such notice in the Iris Oifigi[html]il, send to the Minister an objection to the issue of the said certificate; (b) simultaneously with or as soon as may be after the publication of the said notice in the Iris Oifigi[html]il, the Minister shall send to the council of every county in which the area or part of the area to which such scheme relates is situate a copy of the said notice; (c) the council of a county to whom a copy of the said notice has been so sent or any other person may, within two months after the date of the publication of the said notice in the Iris Oifigi[html]il, send to the Minister an objection in writing stating that such council or such person objects to the issue of the said certificate and the grounds of such objection; (d) the Minister shall consider every (if any) objection sent to him under the next preceding paragraph of this section and shall take such steps in regard thereto as he shall think proper; (e) the said certificate shall not be issued less than two months after the date of the publication of the said notice in the Iris Oifigi[html]il. (5) The power conferred on the council of a county by paragraph (c) of sub-section (4) of this section shall be a reserved function. (6) A certificate of partial completion shall be conclusive evidence that the portion specified in such certificate of the drainage works specified in the drainage scheme to which such certificate relates has been completed in accordance with that scheme. (7) A certificate of total completion shall be conclusive evidence that the whole of the drainage works specified in the drainage scheme to which such certificate relates have been completed in accordance with that scheme. (8) Where a certificate of partial completion or two or more such certificates have been issued in relation to any drainage works, the certificate of total completion in relation to those drainage works shall include and apply to the portions of those drainage works covered by such certificate or certificates of partial completion and thereupon such certificate or certificates of partial completion shall cease to have effect. Acquisition of and compensation for lands, rights, etc. 14.—(1) As soon as may be after the date of the order of the Minister confirming a drainage scheme, the Commissioners shall proceed to acquire the several lands, easements, fisheries, water-rights, navigation-rights, and other rights proposed in such drainage scheme to be compulsorily acquired save that it shall not be obligatory on the Commissioners to acquire compulsorily any land, easement, fishery, water-right, navigation-right, or other right proposed in such drainage scheme to be so acquired in respect of which it appears to the Commissioners, in the course of carrying out such drainage scheme, that the acquisition of such land, easement, fishery, water-right, navigation-right, or other right is not necessary for the purpose of such carrying out. (2) The compensation to be paid by the Commissioners for lands, easements, fisheries, water-rights, navigation-rights, and other rights compulsorily acquired in pursuance of the foregoing sub-section of this section to the several persons entitled thereto or having estates or interests therein or entitled to or having estates or interests in the lands over or in respect of which the rights so to be acquired are exercisable shall, in default of agreement, be fixed under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , with and subject to the modification that the arbitrator at the arbitration under that Act shall be such person as shall be nominated for the purpose by the Reference Committee from the Panel of Drainage Arbitrators. (3) It shall not be obligatory on the Commissioners to make any interference with any land, easement, fishery, water-right, navigation-right, or other right or any road or bridge proposed in a drainage scheme to be compulsorily made in respect of which it appears to the Commissioners, in the course of carrying out such drainage scheme, that such interference is not necessary for the purpose of such carrying out. (4) The amount of compensation payable to any person on account of the compulsory substantial interference with any land or the compulsory restriction, termination, or other interference of or with any easement, fishery, water-right, navigation-right, or other right or the diversion, removal, or other interference of or with any private road or bridge under or in pursuance of a drainage 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 land compulsorily acquired, but with and subject to the modification that the arbitrator at the arbitration under that Act shall be such person as shall be nominated for the purpose by the Reference Committee from the Panel of Drainage Arbitrators. (5) Sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , shall apply to the compensation payable by the Commissioners under this section and for the purposes of such application the Commissioners shall be deemed to be the promoters of the scheme. (6) No action shall lie at law or in equity against the Minister or the Commissioners or any officer, agent, or servant of the Minister or the Commissioners in respect of any act, matter, or thing in respect of which compensation is payable by virtue of this section or either of the two next following sections. Compensation for certain interferences with land, etc. 15.—(1) Any person who suffers any loss or damage by reason of any interference (other than a compulsory acquisition or interference under this Act) by the Commissioners during the construction of any drainage works under this Act with any land owned or occupied by him or any easement, fishery, water-right, navigation-right, or other right belonging to him shall, subject to the provisions of this Act, be entitled to be paid by the Commissioners compensation in respect of such loss or damage. (2) Every claim for compensation under this section— (a) shall be made in writing to the Commissioners within one year after the interference to which the claim relates is begun, and (b) shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Drainage Arbitrators whose decision, both as to the right to and the amount of such compensation, shall be final and conclusive. Compensation for injury to canals, fisheries, etc. 16.—(1) Any person who, after the issue of a certificate of completion, suffers any loss or damage by reason of an injury (other than a compulsory acquisition, restriction, termination, or interference under this Act) to any canal or other navigable waterway or to any water-power or other water right or to any fishery or fishing right shall, subject to the provisions of this Act, be entitled to be paid by the Commissioners compensation for such injury where, but only where, such injury is caused by the operation generally of the drainage works to which such certificate of completion relates or by any particular mode or course of operation of such works. (2) Every claim for compensation under this section shall be made in writing to the Commissioners and shall be made, in the case of an injury to a fishery or fishing right, within ten years or, in any other case, within three years after the date of the certificate of completion of the drainage works in relation to which the claim arises. (3) Every claim duly made for compensation under this section shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Drainage Arbitrators whose decision, both as to the right to and the amount of such compensation, shall be final and conclusive. Matters to be regarded in assessment of compensation. 17.—When assessing compensation in pursuance of any of the three next preceding sections, the arbitrator shall in every case have regard to any benefit to any property (whether such property is or is not the property in respect of which such compensation is claimed) of the person claiming such compensation which is occasioned by or may reasonably be expected to arise from the carrying out of the drainage scheme in relation to which the compensation is claimed and, in particular, the arbitrator— (a) shall, in the case of a claim in respect of a canal or other navigable waterway, have regard to any permanent benefit to the navigation of such waterway occasioned by or which may reasonably be expected to arise from the execution of the said drainage scheme, and (b) shall, in the case of a claim in respect of water-rights, have regard to any alternative water supply provided by the Commissioners, and (c) shall, in the case of a claim in respect of interference with water or a watercourse providing power for a mill or other industrial concern, have regard to the extent to which the power so provided was used for an industrial purpose during the ten years next preceding the date of the confirmation of the said drainage scheme by the Minister, and shall also have regard to any alternative source of power provided by the Commissioners. Amendment of valuation of benefited lands. 18.—(1) It shall be lawful for the Commissioners, at the time and in the circumstances mentioned in the next following sub-section of this section, to amend in such manner as they think proper the statement in a drainage scheme of the aggregate annual value or the total increase in the annual value of the benefited lands or of the portion of the benefited lands (as the case may be) situate in a particular county. (2) An amendment under the next preceding sub-section of this section may be made by the Commissioners— (a) where the amendment is made in consequence of an objection made by the council of the county in which the lands affected are situate to the issue of a certificate of completion—at or immediately after the issue of such certificate, or (b) where the amendment is made in consequence of an application in that behalf by the council of the county in which the lands are situate—at any time after the making of such application, or (c) where the amendment is made by the Commissioners on their own motion for any reason which appears to them to be sufficient—at any time which appears to the Commissioners to be suitable. (3) Whenever the Commissioners amend under this section the statement contained in a drainage scheme of the aggregate annual value or the total increase in the annual value of lands, the Commissioners shall inform in writing the council of the county in which such lands are situate of the making of such amendment. (4) Any officer, agent or servant of the Commissioners shall be entitled to enter, with such assistants as he shall think necessary, any land at all reasonable times and there do all such things as he shall consider necessary for the purpose of making such valuation of such land as the Commissioners may consider to be requisite for the purpose of considering and (if thought fit) making an amendment under this section of a statement of aggregate annual value or of total increase in annual value. The Award. 19.—(1) When a certificate of completion has been issued and the provisions (so far as they are applicable) of the preceding sections have been complied with, the Commissioners shall make an Award and shall state therein the following matters and things, that is to say:— (a) the issue of the certificate of total completion or of partial completion (as the case may be) and the date thereof; (b) in general terms, the drainage works stated in the certificate of completion to have been completed; (c) the lands drained or otherwise improved by the execution of the said drainage works and the county or counties in which those lands are situate and, where the said lands are situate in two or more counties, the portion of the said lands situate in each such county; (d) where the benefited lands are all situate in one county, the aggregate annual value (at the time of the preparation of the relevant drainage scheme) of those lands and the total increase in the annual value thereof in consequence of the execution of the said drainage works 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 in consequence of the execution of the said drainage works; (e) the area which is constituted by the Award to be a separate drainage district; (f) such other matters as the Commissioners shall think proper to state in the Award. (2) The Commissioners shall cause to be made a true copy of every Award made under this section and shall cause to be endorsed thereon a certificate certifying such copy to be a true copy, and shall then enroll the Award in the Central Office of the High Court. (3) The copy made and certified in pursuance of the next preceding sub-section of this section of an Award shall be retained by the Commissioners. (4) The Commissioners shall send a copy of every Award made under this section to the council of every county in which the area or any part of the area constituted by the Award to be a separate drainage district is situate. (5) An Award made under this section in consequence of the issue of a certificate of total completion shall supersede and replace every (if any) Award previously made under this section in consequence of the issue of a certificate of partial completion in relation to drainage works included in the said certificate of total completion. (6) Subject to the provisions of the next preceding sub-section of this section, every Award made under this section shall, when duly enrolled pursuant to this section, be conclusive and binding on all parties, and a copy thereof issued and certified by the Master of the High Court shall be conclusive evidence that such Award was duly made and shall also be conclusive evidence of the contents of such Award. Disposal of surplus lands etc. 20.—(1) As soon as conveniently may be after the issue of a certificate of completion the Commissioners shall inquire and determine whether any, and if so what lands, easements, fisheries, water-rights, navigation-rights, and other rights acquired by them under this Act for the purposes of the relevant drainage scheme are unnecessary and not required for the proper working and maintenance of the drainage works to which such certificate relates. (2) All (if any) lands, easements, fisheries, water-rights, navigation-rights, and other rights determined by the Commissioners in pursuance of the foregoing sub-section of this section to be unnecessary and not required as mentioned in that sub-section shall be sold or otherwise disposed of by the Commissioners for the benefit of the Exchequer in such manner as the Minister shall direct. PART III. Existing Drainage Districts. The appointed day for this Part of this Act. 21.—(1) The Minister shall by order appoint a day to be the appointed day for the purposes of this Part of this Act. (2) In this Part of this Act the expression “the appointed day” means the day appointed under this section to be the appointed day for the purposes of this Part of this Act. Abolition of drainage rates. 22.—(1) As on and from the appointed day no drainage rate (save as is otherwise provided by this Part of this Act in respect of arrears) shall be levied in any existing drainage district and in lieu thereof all moneys theretofore raisable (whether for capital charges or for maintenance expenses) in an existing drainage district or a part of any such district by the council of a county or by a drainage board or trustees by means of a drainage rate shall— (a) in the case of moneys so raisable by the council of a county, be raised by such council by means of the poor rate as a county-at-large charge, and (b) in the case of moneys so raisable by a drainage board or trustees, be raised by the appropriate council of a county or councils of counties by means of the poor rate as a county-at-large charge. (2) Nothing contained in sub-section (1) of this section or the River Owenmore Drainage Act, 1926 (No. 3 of 1926), shall be deemed to limit the amount of any moneys to be raised by virtue of the said sub-section (1) in respect of the River Owenmore Drainage District by means of the poor rate. (3) Nothing contained in sub-section (1) of this section or the Barrow Drainage Acts, 1927 and 1933, shall be deemed to limit the amount of any moneys to be raised by virtue of the said sub-section (1) in respect of the Barrow Drainage District by means of the poor rate. Maintenance of existing drainage works. 23.—(1) All existing drainage works which are, immediately before the appointed day, maintainable by the council of a county or by two or more such councils shall, on and after the appointed day and until otherwise provided by or under this Act, continue to be maintainable by such council or councils (whether by themselves or by a committee or joint committee) as theretofore save that the expenses of such maintenance shall be raisable by such council or each of such councils by means of the poor rate as a county-at-large charge. (2) In the case of every existing drainage district in which the drainage works are, immediately before the appointed day, maintainable by trustees or a drainage board, the following provisions shall apply and have effect, that is to say— (a) the control and management of such existing drainage district and the maintenance of the existing drainage works therein shall be transferred, as on and from the appointed day, to and become the responsibility of the council of the county or the councils jointly of the counties in which such district is situate; (b) such existing drainage works shall, as on and from the appointed day, be maintained (as the case may be) by such council or by such councils jointly; (c) in the case of a transfer by this sub-section to two or more councils jointly, the expenses of the maintenance of the existing drainage works affected by such transfer shall be borne by such councils in proportion to the increase in the annual value of the lands drained or improved applicable to each county as shown in the relevant Award or final award, and for the purpose of ascertaining such proportions the Commissioners shall have power to make such apportionments as may be necessary; (d) the expenses or the proportion of the expenses of the maintenance of existing drainage works in pursuance of this sub-section defrayable by any council of a county shall be raised by such council by means of the poor rate as a county-at-large charge; (e) no council or councils jointly shall be obliged by this sub-section to maintain any existing drainage works in a condition or state of repair better than the condition and state of repair in which such works were at the time of the last inspection by the Commissioners under this sub-section prior (but not more than twelve months prior) to the appointed day; (f) in any proceedings against the council of a county or the councils of two or more counties to whom the control and management of an existing drainage district is transferred by this sub-section for damages or for relief in the nature of mandamus on account of the alleged inadequate maintenance of the existing drainage works in such district, a certificate sealed with the seal of the Commissioners and stating that the Commissioners caused the said drainage works to be inspected on a specified occasion and are satisfied that those drainage works were, at the time of such inspection, in a condition and state of repair at least as good as they were in on the occasion of the last inspection thereof by the Commissioners prior to the appointed day shall be conclusive and irrebuttable evidence of the facts so stated in such certificate; (g) it shall be lawful for an officer, agent or servant of the Commissioners at any time (whether before or after the appointed day) to enter on the drainage works in any existing drainage district to which this sub-section applies and there make such inspection, inquiries, and investigation in respect of the condition and state of repair of the existing drainage works in such district as he shall think proper. (3) Where the control and management of an existing drainage district and the responsibility for the maintenance of the existing drainage works therein is transferred by this section to two or more councils of counties jointly, such control, management, and maintenance shall be performed by a joint committee of such councils appointed by such councils in accordance with regulations made by the Minister for Local Government and Public Health under this section. (4) Regulations made by the Minister for Local Government and Public Health under this section may prescribe all such matters as the said Minister shall think proper in relation to the membership of such joint committees as are referred to in the next preceding sub-section of this section, the election and term of office of the members of such joint committees, the procedure of such joint committees, and the audit of their accounts. (5) Nothing in this section shall authorise a joint committee appointed under this section to raise any moneys which are required by this Act to be raised by the council of a county. (6) Sub-section (4) of section 23 of the Arterial Drainage Act, 1925 (No. 33 of 1925), shall cease to have effect as respects appointments to committees and joint committees made under that section after the appointed day. (7) The words “and one at least of the last mentioned two members shall be a drainage ratepayer in the county of that council” in paragraph 2 of the Schedule to the Barrow Drainage Act, 1927 (No. 26 of 1927), shall cease to have effect as respects appointments to the Barrow Drainage Board made after the appointed day. Maintenance transfer orders. 24.—(1) At any time after the appointed day the Minister may, by order (in this Act referred to as a maintenance transfer order) made on the application of the Commissioners, transfer to the Commissioners as on and from a specified date the control and management of any existing drainage district the control and management of which is, immediately before the making of such order, vested in the council of a county or in the councils of two or more counties. (2) Whenever the Minister makes a maintenance transfer order, the following provisions shall apply and have effect, that is to say:— (a) the control and management of the existing drainage district to which such order relates and the responsibility for the maintenance of the existing drainage works therein shall become and be vested in the Commissioners as on and from the date specified in that behalf in such order; (b) as on and from the date of such transfer and unless or until the said existing drainage works are included in the works proposed in a drainage scheme to be executed in pursuance thereof and the Commissioners have entered on the said existing drainage works for the purpose of carrying out such drainage scheme, the costs and expenses of the Commissioners in the maintenance of the said existing drainage works shall be paid to the Commissioners in the manner provided by Part V of this Act by the council or councils from whom such existing drainage district was transferred by such order. Dissolution of drainage trustees and drainage boards. 25.—(1) Every body of trustees and every drainage board in which the control and management of an existing drainage district is vested immediately before the appointed day shall, on that day, become and be dissolved by virtue of this section. (2) Such of the provisions set forth in the Second Schedule to this Act as are applicable shall, on the appointed day, apply and have effect in relation to every body of trustees and every drainage board which on that day becomes dissolved by virtue of this section. Defrayal of the cost of existing drainage works. 26.—As on and from the appointed day the moneys payable to the Commissioners by the council of a county in repayment of the expenses incurred in the execution of the drainage works in an existing drainage district (other than the Barrow Drainage District) or in the repair, under the Drainage Maintenance Act, 1924 (No. 46 of 1924), of any such drainage works shall (so far as such expenses have not been repaid before the appointed day) be raised by such council by means of the poor rate as a county-at-large charge and no part of such moneys shall be raised by such council by means of a drainage rate. Provisions in respect of the Barrow Drainage District. 27.—(1) Section 19 of the Barrow Drainage Act, 1927 (No. 26 of 1927), as amended by section 3 of the Barrow Drainage Act, 1933 (No. 30 of 1933), shall cease to have effect in relation to any local financial year beginning after the appointed day. (2) Section 20 of the Barrow Drainage Act, 1927 (No. 26 of 1927), shall not have effect in any local financial year beginning after the appointed day and in lieu thereof the following provisions shall have effect, that is to say:— (a) in every such local financial year until the expiration of the thirty-five local financial years mentioned in the said section 20 , the respective councils of the counties of Kildare, Laoighis, and Offaly shall pay to the Commissioners the sum of seven thousand, one hundred and fifty-four pounds and the said councils shall so pay that sum in the proportions and on the conditions in and on which they are now liable to contribute to the annual sum payable by them under the said section 20 ; (b) the moneys payable to the Commissioners by the council of a county under the foregoing paragraph of this sub-section shall be raised by such council by means of the poor rate as a county-at-large charge and no part of such moneys shall be raised by such council by means of the drainage rate under the said Act; (c) so much of the annual sum payable to the Commissioners under the said section 20 as is not defrayed by means of the payments under the foregoing paragraphs of this sub-section shall be paid out of moneys provided by the Oireachtas. (3) Any moneys in the possession of the Barrow Drainage Board on the appointed day or received by them after the appointed day in respect of any period ending before or on the appointed day shall be applied so as to reduce the moneys to be raised for the maintenance expenses in respect of the Barrow Drainage District in any local financial year beginning after the appointed day. Certain provisions in respect of existing drainage districts managed by councils. 28.—(1) In this section the expression “responsible council” means, in relation to an existing drainage district the control and management of which is, immediately before the appointed day, vested in the council of a county or two or more of such councils jointly, the council or one of the councils in which such control and management is so vested. (2) The following provisions shall apply and have effect in relation to ever …