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3 1948

LOCAL GOVERNMENT (SANITARY SERVICES) ACT, 1948

PART VII

Miscellaneous.

Facilities for games or other recreation.

48. —(1) A sanitary authority may provide facilities for games or other recreation and for that purpose may, in particular, do all or any of the following:

(a) acquire land in their district or at a convenient distance therefrom,

(b) appropriate land held by them which is not required for the purpose for which it is held,

(c) themselves manage any land so acquired or appropriated,

(d) provide equipment, appliances, boats, animals and other things for games or recreation on any land so acquired or appropriated and make charges for the use of such things,

(e) let any land so acquired or appropriated to any person for use for games or other recreation,

(f) contribute, subject to such conditions (if any) as they think proper, to the provision of land in their district or at a convenient distance therefrom for use for games or other recreation and to the provision of equipment for games or other recreation on any such land.

(2) A sanitary authority may make bye-laws for the regulation of any land managed by them under this section.

(3) A sanitary authority may on such days as they think fit (not exceeding twelve days in any one year nor four consecutive days on any one occasion) close to the public any land managed by them under this section or any part thereof and grant the use of such land or such part, either gratuitously or for payment, to any person for the purposes of any sport or entertainment.

(4) In this section—

the word “land” includes land covered with water and tidal lands within the meaning of the Foreshore Act, 1933 (No. 12 of 1933);

the word “equipment” includes buildings and other structures and also the laying out of land in any manner suitable for games or other recreation.

Obstructions in rivers and watercourses.

49. —A sanitary authority may take such steps as are reasonably necessary to prevent injury being caused to public health or the amenities of any locality by reason of obstructions in any river or watercourse.

General expenses and special expenses of rural sanitary authority.

50. —(1) Expenses (other than expenses to which an order under subsection (2) of this section relates or expenses declared by or under the Acts, to be private improvement expenses) incurred by the council of a county as the rural sanitary authority of a county health district or which are to be raised and defrayed as if they had been so incurred shall be charged on the whole of such county health district.

(2) The Minister, on the application of the council of a county as the rural sanitary authority of a county health district, may by order provide that the whole or a part of any expenses incurred by such council as such authority for a particular purpose shall be charged on a particular part only of such district.

(3) Expenses to which subsection (1) of this section relates shall be known as general expenses and expenses to which an order under subsection (2) of this section relates shall be known as special expenses.

(4) Every reference to special expenses contained in any enactment which is in force at the commencement of this section and which relates to sanitary authorities shall be construed as a reference to expenses to which an order under subsection (2) of this section relates.

(5) The making of an application under subsection (2) of this section shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942.

Restriction on building over sewer or water main.

51. —The provisions of section 29 of the Act of 1878 shall apply where a person causes a building to be newly erected over a sewer of a rural sanitary authority or over a water main of an urban or rural sanitary authority in like manner as they apply where a person causes a building to be newly erected over a sewer of an urban sanitary authority.

Onus of proof.

52. —In any prosecution for an offence under this Act, it shall not be necessary to negative by evidence any permit, licence or exemption under this Act or under any regulations under this Act, and the onus of proving any such permit, licence or exemption shall be on the person seeking to avail himself thereof.

General application of Part III of Public Health Acts Amendment Act, 1890.

53. —Notwithstanding anything contained in the Public Health Acts Amendment Act, 1890, the whole of Part III of that Act (except sections 28 and 32 repealed by the Health Act, 1947, and sections 19 and 49 repealed by this Act) shall have effect in every sanitary district, whether rural or urban, without being adopted under that Act therein.

General application of Parts II, III, V, VI and X of Public Health Acts Amendment Act, 1907.

54. —Notwithstanding anything contained in the Public Health Acts Amendment Act, 1907,—

(a) Parts II, III, V, VI and X of that Act (except section 50 repealed by the Health Act, 1947, and sections 34, 75, 92 and 93 repealed by this Act) shall have effect in every sanitary district, whether rural or urban, without being declared under that Act to be in force therein,

(b) any reference in Part III of that Act to the medical officer shall be construed as a reference to the appropriate district medical officer under section 73 of the Health Act, 1947, and

(c) any reference in Part III of that Act to the inspector of nuisances shall be construed as a reference to any officer of the local authority to whom the Minister, or the local authority with the consent of the Minister, may assign the duty of acting as inspector of nuisances.

Restriction of application of section 251 of Act of 1878.

55. —Section 251 of the Act of 1878 shall not apply in relation to a prosecution by the Minister or a sanitary authority of an offence under any section of this Act.