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3 1945

ARTERIAL DRAINAGE ACT, 1945

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 every existing drainage district the control and management of which is, immediately before the appointed day, vested in the council of a county or in two or more such councils jointly, that is to say:—

(a) the responsible council or the responsible councils of any such existing drainage district may, in their discretion, make such concession as they shall think proper in regard to the mode or time of payment of any arrears of drainage rate or drainage charge owing to such council or councils on the appointed day;

(b) where the responsible council or one or more of the responsible councils in respect of any such existing drainage district has or have, before the appointed day (whether before or after the passing of this Act), applied moneys out of their county fund or respective county funds for the purposes of such existing drainage district and the Minister for Local Government and Public Health declares, by order made before or after the appointed day, such application of moneys to have been reasonable and proper, such application of moneys by such council or councils shall be and be deemed always to have been lawful and valid and incapable of being questioned;.

(c) where there are two or more responsible councils in respect of any such existing drainage district and one of those councils has, before the appointed day (whether before or after the passing of this Act), applied moneys out of their county fund for the purposes of such existing drainage district without obtaining from the other or others of such responsible councils such contribution (if any) to such moneys as should properly have been made by such other or others of such councils, it shall be lawful for any one of such responsible councils to prepare a scheme for the adjustment and apportionment as between such responsible councils of all moneys so applied by any of them without such contribution, and such scheme, if and when it is approved of by the Minister for Local Government and Public Health, shall have the force of law and shall be given effect to accordingly.

Failure of council to maintain existing drainage works.

29. —(1) Whenever, after the appointed day, the Commissioners are of opinion that any existing drainage works which are for the time being maintainable by the council of a county or the councils of two or more counties are not being properly maintained and that maintenance or repair work is immediately necessary in respect of the said existing drainage works, it shall be lawful for the Commissioners to serve by post on such council or each of such councils a notice (in this section referred to as a notice of disrepair) stating that in the opinion of the Commissioners the maintenance or repair work specified in that behalf in such notice is immediately necessary in respect of the said existing drainage works and requiring such council or councils to execute the said maintenance or repair work within a time specified in that behalf in such notice.

(2) Whenever a notice of disrepair is served under the foregoing sub-section of this section, the following provisions shall apply and have effect, that is to say:—

(a) the council or councils on which such notice of disrepair is so served shall forthwith execute to the satisfaction of the Commissioners the maintenance or repair work specified in such notice and shall defray the cost of the execution of such work in the like manner and, in the case of two or more councils, in the like proportions as such council is or such councils are for the time being required by this Act or otherwise by law to defray the cost of the maintenance of the existing drainage works to which such notice relates;

(b) if such council or councils fails or fail to execute the said maintenance or repair work to the satisfaction of the Commissioners within the time specified in that behalf in such notice of disrepair, it shall be lawful for the Commissioners to enter on the said existing drainage works and there execute or complete (as the case may be) the said maintenance or repair work;

(c) if the Commissioners enter on the said existing drainage works and there execute or complete maintenance or repair work under the next preceding paragraph of this sub-section, the Commissioners shall serve on the council or each of the councils concerned a notice stating the amount of the costs and expenses incurred by the Commissioners in the execution or completion (as the case may be) of the said work and thereupon the amount so stated shall be payable to the Commissioners by such council or councils and, in default of such payment, shall be recoverable by the Commissioners in any court of competent jurisdiction as a simple contract debt;

(d) the amount payable to the Commissioners by a council or by two or more councils under the next preceding paragraph of this sub-section shall be defrayed by such council or councils in the like manner as such council is or such councils are for the time being required by this Act or otherwise by law to defray the cost of the maintenance of the said existing drainage works and, where such amount is so payable by two or more councils, it shall be paid and defrayed by and be recoverable from them in the like proportions as the said cost of maintenance is defrayable as aforesaid by them.

Duty of councils to furnish reports.

30. —(1) Every council of a county which is, after the appointed day, responsible under this Part of this Act for the maintenance of the drainage works in an existing drainage district and the joint committee of any two or more councils of counties which are jointly so responsible shall furnish to the Commissioners in every year a report in respect of such existing drainage district and the drainage works therein.

(2) Every report furnished in pursuance of the foregoing sub-section of this section shall be in such form and contain such particulars as shall be prescribed in that behalf by the Commissioners.