First Previous (PART VII. The Panel of Drainage Arbitrators.) Next (FIRST SCHEDULE. PART I.)

3 1945

ARTERIAL DRAINAGE ACT, 1945

PART VIII.

Miscellaneous and General.

General power to the Commissioners to employ contractors.

43. —(1) Whenever the Commissioners are authorised by or under this Act to execute any drainage or other engineering or building works, they may, in lieu of executing such works themselves by their own officers and servants, contract (with the sanction of the Minister) with any person for the execution of the whole or part of such works by such person and may for that purpose enter (with the sanction aforesaid) into such contracts and agreements as may be requisite.

(2) Whenever the Commissioners contract under this section with any person for the execution by him of any works, they may, by any contract or agreement with such person, delegate to him such of the powers and duties conferred or imposed on the Commissioners by or under this Act as shall be specified in such contract or agreement, and thereupon such person shall have (concurrently with the Commissioners) the right to exercise the powers and the obligation to perform the duties so specified so far as and no further than is necessary for the execution of the said works by him.

Additional powers for recovery of moneys payable by county councils.

44. —(1) Whenever any money is payable under this Act to the Commissioners by the council of a county and such council fails so to pay such money or some part thereof at the time at which the same is payable under this Act, such money or such part thereof (as the case may be) may, without prejudice to any other mode of recovery provided by this Act, be deducted from any money payable to such council by any Minister of State for any purpose whatsoever.

(2) The amount of any deduction made under this section from money payable out of the Local Taxation (Ireland) Account shall be made subject and without prejudice to the claims of the guarantee fund under the Land Purchase Acts.

(3) The amount of every deduction made under this section shall be paid to the Commissioners and shall be applied by them in discharge of the money because of the non-payment of which such deduction was made.

Payment of certain debts out of compensation.

45. —Where compensation is payable under this Act by the Commissioners to a person and any money is due and owing by such person to a Minister of State, the Revenue Commissioners, the Irish Land Commission, or the Commissioners, it shall be lawful for the Commissioners to pay and discharge out of such compensation the money so due and owing by such person and to pay to him only the balance (if any) of such compensation remaining after such payment and discharge.

Control and management of weirs.

46. —(1) The Minister may by order, whenever, on the application of the Commissioners, he thinks proper so to do in the interests of drainage, declare that this section shall apply to any particular weir or weirs specified in the order or to all the weirs in any particular area similarly specified.

(2) Whenever this section is declared by an order under the foregoing sub-section of this section to apply to a weir, the following provisions shall have effect in respect of such weir, that is to say:—

(a) the person owning or having control of such weir shall comply with all directions and instructions given to him from time to time by the Commissioners in relation to the management and working of the sluices and other movable parts of such weir;

(b) if bye-laws are made under this Act by the Commissioners which are applicable to such weir, the person owning or having control of such weir shall in all respects observe and comply with those bye-laws;

(c) if the person owning or having control of such weir fails or refuses to comply with or observe any direction, instruction, or bye-law which he is required by either of the foregoing paragraphs of this sub-section to comply with or observe, the following provisions shall apply and have effect, that is to say:—

(i) such person shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence is continued, and

(ii) it shall be lawful for the Commissioners to appoint a sluice-keeper or other person to regulate and control the movable portions of such weir and, where any such person is so appointed, it shall be lawful for the Commissioners to recover by civil action from the owner or person having control of such weir as a simple contract debt the remuneration paid by them to the sluice-keeper or other person so appointed.

(3) The Commissioners shall not give any such instructions or directions as are mentioned in the next preceding sub-section of this section save, in the case of a weir affecting a fishery or fishing rights, after consultation with the Minister for Agriculture or, in the case of a weir affecting an industry, canal, or inland waterway, after consultation with the Minister for Industry and Commerce.

(4) Every person who suffers loss or damage in respect of any water-power or other water-right or any fishery or fishing right by reason of an order made by the Minister under this section or of any such bye-laws as are referred to in sub-section (2) of this section shall, unless such loss or damage is due to his own act or default, be entitled (subject to the provisions of the next following sub-section of this section) to be paid by the Minister compensation in respect of such loss or damage.

(5) Every claim for compensation under the next preceding sub-section of this section—

(a) shall be made in writing to the Minister within one year after such loss or damage is suffered or, in the case of continuing loss or damage, is first suffered, 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.

(6) No order made by the Minister under this section shall apply or have effect in relation to any weir which is for the time being owned or controlled by the Electricity Supply Board or any weir acquired by the Minister for Agriculture under the Fisheries Act, 1939 (No. 17 of 1939).

Restrictions on the erection, alteration, etc., of weirs.

47. —(1) It shall not be lawful for any person (other than the Electricity Supply Board), without or otherwise than in accordance with the consent of the Commissioners to erect, enlarge or alter any weir or other like construction in a watercourse where such erection, enlargement or alteration might cause flooding of any land unless—

(a) such erection, enlargement or alteration is made in compliance with an order made or a notice served by the Minister for Agriculture under the Fisheries Act, 1939 (No. 17 of 1939), or

(b) such land is in the occupation of such person, or

(c) such land is in the occupation of other persons who have assented to such erection, enlargement or alteration.

(2) When the Commissioners consent to the erection, enlargement, or alteration of a weir or other like construction, they may attach to such consent such conditions and restrictions as they think proper, and such conditions and restrictions shall be deemed to be part of such consent.

(3) The following provisions shall apply and have effect in relation to consents by the Commissioners under the foregoing provisions of this section, that is to say:—

(a) no such consent shall be given and no condition or restriction shall be attached to any such consent save after consultation with the Minister for Agriculture;

(b) no such consent, condition, or restriction shall be contrary to or inconsistent with an order made or notice served under the Fisheries Act, 1939 (No. 17 of 1939), and for the time being in force;

(c) no such consent shall operate to relieve the grantee thereof from compliance with the Fisheries Acts, 1842 to 1944.

(4) If any person erects, enlarges, or alters a weir in contravention of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with a further fine not exceeding five pounds for every day during which such erection, enlargement, or alteration or any part thereof is maintained.

Power of the Commissioners to compel repair of watercourses.

48. —(1) It shall be lawful for the Commissioners, by notice in writing served personally or by post on an occupier of land (whether such land is within an existing drainage district or a drainage district constituted under this Act or is not within any such district), to require such occupier, within such time (not being less than three months from the service of such notice) as shall be specified in such notice, to restore, open up, and generally put into proper repair and effective condition such watercourse or watercourses on the said lands as is or are specified in such notice and is or are not included in any existing drainage works or any drainage works constructed under this Act, but which discharges or discharge into an existing drainage district or a drainage district constituted under this Act and is or are, in the opinion of the Commissioners, incapable, by reason of neglect of or inadequate maintenance, of efficiently discharging the water passing into or through it or them from adjoining land.

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

(a) such person (in this sub-section referred to as the objector) may, within one month after the service of such notice on him, send to the Commissioners an objection in writing to such notice;

(b) every such objection shall contain a full statement of the grounds on which the objection is based;

(c) the Commissioners shall consider every such objection duly sent to them in accordance with the foregoing paragraphs of this sub-section and shall do, in respect of each such objection, whichever of the following things shall appear to them to be proper having regard to all the circumstances of the case and in particular whether compliance with the notice to which such objection relates would or would not cause undue hardship or expense to the objector, that is to say:—

(i) withdraw the said notice unconditionally, or

(ii) if the objector is willing to give to the Commissioners a written undertaking (in a form approved of by the Commissioners) that he will at all reasonable times permit any occupier from whose land water passes into the watercourse or any of the watercourses specified in the said notice to enter upon the objector's land and there do, at such occupier's own expense, all such things as may be necessary for compliance with the said notice, withdraw the said notice upon such undertaking being duly given by the objector, or

(iii) disallow such objection;

(d) whenever the Commissioners disallow an objection, they shall amend the notice to which such objection relates by extending for such period as they think proper, the period specified in such notice for compliance therewith;

(e) the Commissioners shall as soon as may be inform the objector of their decision on his objection;

(f) whenever the Commissioners disallow an objection, the objector may, within fourteen days after being informed by the Commissioners of their decision on such objection, require in writing the Commissioners to refer his objection to an arbitrator appointed by the Reference Committee from the Panel of Drainage Arbitrators, and thereupon the Commissioners shall so refer such objection;

(g) the arbitrator to whom an objection is referred under the next preceding paragraph of this sub-section shall have the like powers in regard to such objection as are conferred by this sub-section on the Commissioners, and the decision of such arbitrator shall be final and conclusive.

(3) Where a notice has been served under this section on an occupier of land and has not been withdrawn by the Commissioners or by the arbitrator and such occupier has failed to comply with such notice, it shall be lawful for the Commissioners to enter on the said land and there do all such things as such occupier was required by such notice to do and, where the Commissioners have exercised that power, they shall be entitled to recover from such occupier in any court of competent jurisdiction as a simple contract debt such sum as the Commissioners shall certify to be the expense incurred by them in the exercise of the said power.

(4) Where a notice has been served under this section on an occupier of land and such notice has been complied with (whether by such occupier or by the Commissioners under the next preceding sub-section of this section) such occupier shall thereafter keep the watercourse or watercourses to which such notice related clean and open and maintain it or them in proper repair and efficient condition.

(5) If any person on whom a notice has been served under this section fails to comply with such notice or fails to keep and maintain any watercourse to which such notice related as he is required by this section to do, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds together with a further fine not exceeding one pound for every day during which the offence continues.

(6) Expenses recoverable under this section by the Commissioners from an occupier of land shall be so recoverable whether such occupier has or has not been prosecuted for such (if any) offence under this section as he may have committed.

Compulsory drainage orders.

49. —(1) Any Minister of State or any council of a county may at any time make to the Commissioners a representation (in this section referred to as an originating representation) in writing claiming—

(a) that it is essential for the improvement by drainage of specified land, situate, in the case of a representation by a Minister of State, anywhere in the State or, in the case of a representation by the council of a county, anywhere in that county, either that a specified existing watercourse delineated on a map attached to the representation and not included in any existing drainage works or any drainage works executed or proposed to be executed under this Act be restored, opened up, or generally put into proper repair and effective condition or that a new watercourse be constructed in a position delineated on a map attached to the representation, and

(b) that the money required to meet the cost of the work of restoring, opening up, or generally putting into proper repair and effective condition the existing watercourse mentioned in the representation or of constructing the new watercourse similarly mentioned (as the case may be) has been provided, and

(c) that the execution of the said work is being impeded or prevented solely by reason of the unreasonable withholding by any owner or occupier of land traversed by the existing watercourse or the proposed new watercourse (as the case may be) mentioned in the representation of his consent to the execution of the said work.

(2) Every originating representation shall set out fully the names and postal addresses of all owners or occupiers of land (in this section referred to as the objecting parties) who are stated therein to be unreasonably withholding their consent to the work mentioned in such representation.

(3) As soon as may be after the receipt by the Commissioners of an originating representation, the Commissioners shall serve personally or by post on every objecting party named in such representation a notice in writing setting out the claims made in such representation and stating that such objecting party may, within one month after the service of such notice on him, send to the Commissioners all (if any) such observations as he may think proper to make in regard to the said claims.

(4) The Commissioners shall consider every observation sent to them by an objecting party within the time limited in that behalf by the next preceding sub-section of this section and may, if they so think proper in respect of any particular observation, cause an inspection to be made by one of their officers of the land owned or occupied by the objecting party who sent such observation and of the land specified in the originating representation to which such observation relates and of the existing watercourse or the site of the proposed new watercourse (as the case may be) mentioned in such representation.

(5) If none of the objecting parties named in an originating representation sends to the Commissioners, within the time limited in that behalf by such representation, any observation in regard to the claims made by such representation or if the Commissioners, after considering all such observations sent to them within the said time and considering the report of their officer making such (if any) inspection as aforesaid in respect of such observations or any of them are satisfied that the work mentioned in such representation (with such additions, omissions, and variations (if any) as the Commissioners may deem necessary or expedient) are essential for the improvement by drainage of the land specified in such representation, and that the money required to meet the cost of such work (with such additions, omissions, and variations as aforesaid) has been provided, and that no substantial injury or damage will be caused to any objecting party by the execution of such work (with such additions, omissions, and variations as aforesaid), it shall be lawful for the Commissioners to make an order (in this section referred to as a compulsory drainage order) authorising the execution of the work mentioned in such representation by or on behalf of the Minister or the council (as the case may be) by whom such representation was made.

(6) As soon as may be after making a compulsory drainage order the Commissioners shall—

(a) notify the Minister or the council (as the case may be) who made the originating representation pursuant to which such order was made of the making of such order, and

(b) serve personally or by post on every objecting party named in such originating representation a copy of such order sealed with the seal of the Commissioners.

(7) A compulsory drainage order shall operate to empower the Minister or the council (as the case may be) who made the originating representation pursuant to which such order was made to enter by himself or themselves or his or their officers, servants, or agents upon the land specified in such representation (including land owned or occupied by objecting parties named in such representation) and there do by himself or themselves or his or their officers, servants, or agents all such things as may be necessary for the execution of the work mentioned in such order.

(8) No action or other proceeding for damages, compensation, or otherwise shall lie against a Minister of State or the council of a county or any of his or their officers, servants, or agents for or in respect of anything done by him or them or any of them in the execution of work authorised by or the exercise of a power conferred by a compulsory drainage order save only if and so far as it may be shown that such work was not executed or such power was not exercised in a reasonable and workmanlike manner.

(9) Every person who—

(a) wilfully obstructs a Minister of State or the council of a county or any of his or their officers, servants, or agents in the execution of work authorised by or the exercise of a power conferred by a compulsory drainage order, or

(b) pulls down, removes, or injures any work or any part of any work executed or in course of execution under a compulsory drainage order, or

(c) obstructs in any way the flow of water to, through, or from any work executed under a compulsory drainage order,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the courts to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment, and shall also be liable, in the case of a continuing offence, to a fine not exceeding five pounds for every day during which the offence is continued.

Restrictions on the construction or alteration of bridges.

50. —(1) No local authority, no railway company, canal company, or other similar body, and no industrial concern shall construct any new bridge or alter, reconstruct, or restore any existing bridge over any watercourse without the consent of the Commissioners or otherwise than in accordance with plans previously approved of by the Commissioners.

(2) If any person shall construct or begin to construct or partially construct a new bridge in contravention of this section, the Commissioners may serve by post on such person a notice requiring him—

(a) if such bridge has not been completely constructed, to desist forthwith from the construction thereof,

(b) in any case, to remove, within a time specified in that behalf in such notice, such bridge or so much thereof as shall have been constructed.

(3) If any person shall alter, reconstruct, or restore an existing bridge in contravention of this section or shall begin so to do or shall partially so do, the Commissioners may serve by post on such person a notice requiring him—

(a) if such alteration, reconstruction, or restoration has not been completed, to desist forthwith therefrom, or

(b) in any case, to remove, within a time specified in that behalf in such notice, all work done on such bridge, or

(c) in any case, within a time specified in that behalf in such notice, to restore such bridge to its original condition.

(4) If any person on whom a notice has been served by the Commissioners under the foregoing provisions of this section fails to comply with such notice, the following provisions shall apply and have effect, that is to say:—

(a) such person shall be guilty of an offence under this section and shall be liable, on summary conviction thereof, to a fine not exceeding fifty pounds together with a further fine not exceeding five pounds for every day during which such failure is continued;

(b) it shall be lawful for the Commissioners (whether such person has or has not been prosecuted under the foregoing paragraph of this sub-section) to enter upon and remove all work done in contravention of this section and to recover from such person in any court of competent jurisdiction as a simple contract debt the expenses (as certified by the Commissioners) incurred by the Commissioners in effecting such removal.

(5) Any person who claims that the Commissioners have unreasonably refused their approval of plans submitted by him for the construction of a new bridge or the alteration, reconstruction, or restoration of an existing bridge may, by notice in writing to the Commissioners, require such claim to be referred under this sub-section and thereupon—

(a) if such person is a local authority, such claim shall be referred to the Minister for Local Government and Public Health, whose decision thereon shall be final, or

(b) in any other case, such claim shall be referred to an arbitrator appointed by the Reference Committee from the Panel of Drainage Arbitrators whose decision thereon shall be final and conclusive.

(6) In this section, the word “bridge” includes a culvert or other like structure.

Protection of the Commissioners from certain liabilities.

51. —(1) Nothing contained in this Act nor anything done by the Commissioners thereunder nor any direction or instruction given by the Commissioners under this Act nor anything done under any such instruction or direction shall operate to relieve the owner of a weir, sluice, dam, or other work connected with a mill or factory from any responsibility, however imposed or arising, for the maintenance of or otherwise relating to such work or operate to transfer any such responsibility from such owner to the Commissioners.

(2) Nothing contained in this Act nor anything done by the Commissioners thereunder shall operate to render the Commissioners liable (save where it is proved that their officers, servants, or agents have been guilty of carelessness or neglect) for any damage which may happen to any land or other property through or by the overflowing of any river, stream, or watercourse or through or by the sudden breaking of any bank, dam, weir, sluice, or other work constructed by the Commissioners under this Act or for the maintenance of which they are responsible under this Act.

Offences and penalties.

52. —(1) Every person who shall do any of the following things shall be guilty of an offence under this section, that is to say:—

(a) wilfully obstruct the Commissioners or any of their officers, agents, or servants in the exercise of any of the powers or the performance of any of the duties conferred or imposed on the Commissioners or any of their officers, agents, or servants by or under this Act, or

(b) pull down, remove, or injure any works constructed or in course of construction by the Commissioners under this Act or transferred to the Commissioners by or under this Act, or

(c) remove, injure, or deface any poles, pegs, marks, or other similar things erected, placed, or made by the Commissioners or any of their officers, agents, or servants for the purpose or in the course of the exercise of any of the powers or the performance of any of the duties conferred or imposed on the Commissioners or any of their officers, agents, or servants by or under this Act, or

(d) throw or put any weeds or any stones, soil or other solid matter or cause or permit any weeds or any such solid matter to fall or pass into any watercourse in respect of which any works have been constructed by or transferred to the Commissioners or are about to be or are being constructed under this Act so as to cause obstruction, hindrance, or delay in the construction or operation of such works, or

(e) without the consent of the Commissioners, place or erect any dam, weir, or other obstruction in any watercourse in respect of which any works have been constructed by or transferred to the Commissioners or are about to be or are being constructed under this Act, or

(f) obstruct the flow of water to, through, or from any drainage works constructed by or transferred to the Commissioners by or under this Act so as to prevent or hinder the efficient operation of such works or to cause flooding of such works or of any land drained thereby.

(2) Every person guilty of an offence under this section shall, on summary conviction thereof, be liable to a fine not exceeding fifty pounds or, in the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment and shall also be liable, in the case of a continuing offence, to a fine not exceeding five pounds for every day during which the offence is continued.

Bye-Laws.

53. —(1) In this section the expression “drainage works” shall be construed and have effect as including an existing embankment the control and management of which is for the time being vested in the Commissioners by virtue of a transfer order under Part IV of this Act.

(2) The Commissioners may make such bye-laws as they shall consider necessary or expedient for securing the protection and efficient functioning of drainage works constructed or in course of construction by them under this Act or the control and management of which is transferred to them by or under this Act and, in particular and without prejudice to the generality of the foregoing power, the Commissioners may make bye-laws for all or any of the following purposes, that is to say:—

(a) regulating generally the management and operation of the drainage works to which the bye-laws apply;

(b) regulating and controlling the use and preventing the improper use of or damage to watercourses, banks, and other works comprised in or forming part of such drainage works;

(c) regulating the opening, closing, and working of sluices, hatches, flood gates, pumps, and other machinery comprised in or forming part of such drainage works;

(d) prohibiting any such obstruction or pollution of or any such putting of solid matter into a watercourse flowing to, through, or from such drainage works as prevents or hinders or is likely to prevent or hinder the efficient operation of such drainage works or causes or is likely to cause flooding of land drained or protected by such drainage works;

(e) prohibiting the doing of any injury or damage to such drainage works;

(f) prohibiting any interference with such drainage works by unauthorised persons;

(g) compelling persons liable to maintain a watercourse to keep such watercourse cleaned and scoured.

(3) Bye-laws made under this section may relate and be made applicable to all drainage works for the time being constructed or in the course of construction by the Commissioners under this Act or the control and management of which is transferred to the Commissioners by or under this Act or may relate and be made applicable only to one or more particular such drainage works.

(4) No bye-law made under this section shall be of any force or effect unless or until it has been confirmed by the Minister.

(5) Where the Minister confirms a bye-law made under this section, notice of such confirmation shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the district in which the drainage works to which the bye-law relates are situate.

(6) The Minister may by order, whenever he so thinks proper, amend or revoke any bye-law made by the Commissioners under this section notwithstanding that such bye-law has been confirmed by him.

(7) A document purporting to be a copy of a bye-law made under this section and having endorsed on it a certificate purporting to be sealed with the seal of the Commissioners declaring it to be a true copy of such bye-law shall be received in evidence in any proceedings (whether civil or criminal) in any Court as conclusive evidence of the contents of such bye-law and that it was duly made and approved of in accordance with this section and is in force.

(8) Every person who shall, by act or omission, contravene a bye-law made under this section and in force shall· be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence is continued.

Apportionment of land purchase annuities, etc.

54. —Whenever land acquired by the Commissioners under this Act is subject, in conjunction with other land, to a land purchase annuity or other annual payment payable to the Irish Land Commission or to the Commissioners, the Irish Land Commission or the Commissioners (as the case may be) may apportion such annuity or annual payment in such manner as they consider proper between the land so acquired and such other land or may charge the whole of such annuity or annual payment on any part of the land subject thereto in exoneration of the residue of such land.

Provisions in respect of the District of Fergus.

55. —(1) In this section the expression “the Fergus Act” means the District of Fergus Drainage Act, 1943 (No. 13 of 1943).

(2) Nothing in this Act shall operate to prevent or prejudice the execution by the Commissioners in pursuance of section 5 of the Fergus Act of the works mentioned in that section.

(3) If the automatic tidal sluice or sluices at Clarecastle Bridge or the alternative safeguard in lieu thereof included in the works specified in Clause (D) of paragraph 2 of the Scheduled Consent has not or have not been provided at the date upon which the remaining works specified in that Clause and in Clause (F) of the said paragraph 2 have been completed—

(a) sub-section (2) of section 5 of the Fergus Act shall have effect as if it enabled a separate certificate of completion to be given in accordance with that sub-section in respect of the works specified in the said Clauses (D) and (F) other than the provision of the said sluice, sluices or alternative safeguard and a separate certificate of completion to be given (whether by the same or a different engineer) in accordance with that sub-section at a subsequent date in respect of the provision of the said sluice, sluices or alternative safeguard,

(b) each certificate given by virtue of paragraph (a) of this sub-section shall be conclusive evidence for all purposes of the completion of the works specified therein in accordance with the Scheduled Consent,

(c) sub-section (2) of section 6 of the Fergus Act shall have effect as if it enabled the order to be made by the Commissioners amending Schedule B to the Final Award dated the 30th day of October, 1860, to be made on the completion of the new works other than the provision of the said sluice, sluices or alternative safeguard and a separate order to be made by the Commissioners at a subsequent date further amending the said Schedule B by the addition thereto of the said sluice, sluices or alternative safeguard,

(d) sub-section (1) of section 6 of the Fergus Act shall have effect from the making of the first order referred to in paragraph (c) of this sub-section until the making of the second order therein referred to as if the reference in that sub-section to the works specified in Clauses (D) and (F) of paragraph 2 of the Scheduled Consent were a reference to those works other than the said sluice, sluices or alternative safeguard.

(4) Sub-section (2) of section 7 of the Fergus Act is hereby repealed and in lieu thereof it is hereby enacted that the following provisions shall apply and have effect in relation to the charging order to be made by the Commissioners in pursuance of sub-section (1) of that section, that is to say:—

(a) the Commissioners shall apportion the charged sums (as defined in sub-section (1) of the said section 7 ) between the Clare Council and the Galway Council and shall state such apportionment in the said charging order;

(b) in making the said apportionment of the charged sums, the Commissioners shall have due regard to the proportions in which the several lots or parcels of land comprised in the lands drained or improved specified in Schedule A to the Final Award dated the 30th day of October, 1860, (other than and excepting the lands described in the Second Schedule to the Fergus Act) are situate in the County of Clare and in the County of Galway respectively, and shall also have due regard to the fact that the said lands described in the said Second Schedule are excluded;

(c) in making the said apportionment the Commissioners may have regard to the copies in their possession of the maps, valuers' books, and other documents prepared in connection with the formation of the Fergus District;

(d) the said charging order shall be expressed and shall operate to charge the county fund of the Clare Council with the payment, at the times and in the manner stated in the said charging order, to the Commissioners of the portion of the charged sums apportioned as aforesaid to the Clare Council and the interest on that portion of the charged sums;

(e) the said charging order shall also be expressed and shall operate to charge the county fund of the Galway Council with the payment, at the times and in the manner stated in the said charging order, to the Commissioners of the portion of the charged sums apportioned as aforesaid to the Galway Council and the interest on that portion of the charged sums.

(5) The portion of sub-section (6) of section 7 of the Fergus Act beginning with the words “shall be so paid” and ending with the words “the deficiency” is hereby repealed.

(6) Section 8 of the Fergus Act is hereby repealed and in lieu thereof it is hereby enacted that as on and from the date of the charging order under that Act the costs and expenses incurred by the Councils in the maintenance of the drainage works of the Fergus District shall be defrayed by the Councils in the proportions in which the charged sums are charged on their respective county funds by the said order and shall be raised by the Councils respectively by means of the poor rate as a county-at-large charge.

(7) This section shall be read and construed with the Fergus Act as one enactment and accordingly every word and expression used in this section to which a particular meaning is assigned by the Fergus Act for the purposes of that Act shall have in this section the meaning so assigned to it.

Provisions in respect of the drainage schemes in the Third Schedule.

56. —The following provisions shall apply and have effect in relation to the several drainage schemes specified in the Third Schedule to this Act (being drainage schemes prepared under the Arterial Drainage Act, 1925 (No. 33 of 1925), but not fully completed before the passing of this Act), that is to say:—

(a) the said drainage schemes shall not be completed and no further steps shall be taken in regard thereto;

(b) notwithstanding anything contained in sub-section (4) of section 6 of the said Arterial Drainage Act, 1925 , the expenses mentioned in that sub-section incurred by the Commissioners in relation to the said drainage schemes respectively shall be defrayed wholly out of moneys provided by the Oireachtas, and accordingly the several county councils concerned shall be and are hereby relieved from the obligation imposed on them respectively by the said sub-section to defray one-third of the said expenses.

Drainage districts partly outside the State.

57. —(1) This section applies as on and from the day appointed under section 21 of this Act to every drainage district which would be an existing drainage district for the purposes of this Act but for the fact that it is situate partly within and partly outside the State.

(2) Every person rated in respect of land situate in the State to drainage rate in a drainage district to which this section applies who pays in any year the drainage rate to which he is so rated for that year in respect of that land shall be entitled, on presenting to the council of the county in which such land is situate the receipt for the drainage rate so paid by him, to whichever of the following reliefs is applicable, that is to say:—

(a) if he is rated to the poor rate payable in that year in respect of the said land and has already paid such poor rate or if he is not rated to such poor rate in respect of the said land, to be repaid by such council the amount of the drainage rate shown by such receipt to have been so paid, or

(b) if he is rated to the said poor rate payable in that year in respect of the said land and has not paid to such council the said poor rate, to receive from such council a note (in this section referred to as a credit note) entitling him to credit as against such poor rate for the amount of the drainage rate shown by such receipt to have been so paid.

(3) Where a person who is the occupier of land (situate in the State) which is rated to drainage rate in a drainage district to which this section applies but is not himself rated to such drainage rate in respect of such land pays in any year the said drainage rate in respect of the said land, the following provisions shall apply and have effect, that is to say:—

(a) such occupier shall be entitled to relief under the next preceding sub-section of this section as if he had been rated to the said drainage rate in that year in respect of the said land;

(b) the person actually rated to the said drainage rate in that year in respect of the said land shall not be entitled to relief under the said sub-section;

(c) such occupier shall not be entitled to recover the said drainage rate so paid by him or any part thereof from the said person so actually rated thereto.

(4) A credit note issued under this section shall, when tendered by the person to whom it was issued to the council by whom it was issued, be received by such council in payment of such amount of the poor rate to which it relates as is equal to the amount of drainage rate for which it was so issued.

(5) The moneys required by the council of a county for giving to any person any relief to which he is entitled under this section shall be raised by such council by means of the poor rate as a county-at-large charge.

(6) The Commissioners may, with the consent of the Minister, enter into an agreement with the council (in this section referred to as the external council) of the county in which is situate so much of a drainage district to which this section applies as is outside the State providing for the control and management of such drainage district and the maintenance of the drainage works therein by the Commissioners and the external council jointly.

(7) When the Minister is satisfied that an agreement made under the next preceding sub-section of this section in respect of a drainage district to which this section applies has the force of law in the area in which is situate the portion of such drainage district outside the State, the Minister shall by order confirm such agreement and thereupon such agreement shall have the force of law within the State.

(8) The Minister may, by the order confirming an agreement under this section, make such provisions (including modifications of the provisions of this Act) as appear to him to be necessary in connection with or in consequence of such agreement.

Provision in respect of certain drainage schemes under the Arterial Drainage Acts, 1925 and 1929.

58. —(1) In this section—

the expression “the Act of 1925” means the Arterial Drainage Act, 1925 (No. 33 of 1925), and the expression “the Act of 1929” means the Arterial Drainage (Amendment) Act, 1929 (No. 18 of 1929).

(2) Notwithstanding anything to the contrary contained in the Act of 1925, the following provisions shall apply and have effect in relation to the Mulkear and Cappamore Drainage Scheme (in this sub-section referred to as the Scheme) prepared by the Commissioners under the said Act and confirmed by the Minister for Finance on the 20th day of October, 1933, that is to say:—

(a) section 14 and sub-sections (1) to (4) of section 15 of the Act of 1925 shall not apply or have effect in relation to the Scheme;

(b) as soon as may be after the passing of this Act, the Commissioners shall prepare a final award in respect of the Scheme;

(c) the Commissioners shall, in and by the said final award, declare—

(i) that the total amount of the costs and expenses incurred by the Commissioners in the execution of works in pursuance of the Scheme and generally in carrying out the Scheme is the sum of thirty-six thousand, nine hundred, and fifty-one pounds, and four pence, and

(ii) that the Minister for Finance has paid, out of moneys provided by the Oireachtas, the sum of eighteen thousand, four hundred, and seventy-five pounds, ten shillings and two pence towards the said costs and expenses, and

(iii) that the council of the county of Limerick has paid to the Commissioners the sum of thirteen thousand, four hundred, and twenty-five pounds, ten shillings, and nine pence towards the said costs and expenses, and

(iv) that the balance of the said costs and expenses over and above the said sums paid by the said Minister and the said council respectively amounts to the sum of five thousand and forty-nine pounds, nineteen shillings, and five pence and was advanced by the Commissioners, and

(v) the amount of the terminable annuity by which the sum advanced by the Commissioners is to be repaid in accordance with section 16 of the Act of 1925;

(d) the drainage district constituted by the said final award shall be an existing drainage district for the purposes of this Act and the provisions of this Act in relation to existing drainage districts shall apply thereto accordingly, and the said final award shall be in such form and shall contain such provisions as shall appear to the Commissioners to be requisite in consequence of the said application of the said provisions of this Act;

(e) subject and without prejudice to the foregoing provisions of this sub-section and so far as is not inconsistent therewith, the said final award shall contain all such provisions as are required by the Act of 1925 to be contained in a final award under that Act, and shall be deemed to be the final award made in pursuance of the said Act in respect of the Scheme, and sub-sections (5) and (6) of section 15 of the said Act shall apply and have effect in relation to the said final award accordingly.

(3) Immediately upon the passing of this Act the council of the county of Limerick shall pay to the Commissioners such sum as with the sums heretofore paid by the said council to the Commissioners on foot of the advances made by the Commissioners in respect of the said council's contribution towards the costs and expenses of the Mulkear and Cappamore Drainage Scheme and the interest on those advances will make up the following sums, that is to say:—

(a) the sum of thirteen thousand, four hundred, and twenty-five pounds, ten shillings and nine pence (being the total amount of the said advances), and

(b) interest on each of the sums making up the said advances from the respective dates on which such sums were made available by the Commissioners up to the date of repayment thereof, such interest being calculated, in respect of each such sum, at the rate at which interest was charged on loans from the Local Loans Fund at the time when such sum was made available as aforesaid.

(4) Money payable by the council of the county of Limerick to the Commissioners under the next preceding sub-section of this section may be paid by such council out of their county fund or by borrowing, and section 22 of the Act of 1925 shall apply and have effect in respect of the said money as if such money were directed by that Act to be paid out of the said county fund or by borrowing.

(5) Every final award made or purported to have been made by the Commissioners under the Act of 1925 or under that Act as amended by the Act of 1929 or under any other Act before the passing of this Act (other than the final award purported to have been made by the Commissioners on the 29th day of July, 1942, in respect of the Mulkear and Cappamore Drainage Scheme) is hereby confirmed and declared to be and always to have been valid and incapable of being questioned on any ground notwithstanding the invalidity (if any) of the relevant draft award or any discrepancy between such final award and such draft award and notwithstanding, in the case of the final award made by the Commissioners on the 9th day of July, 1941, in respect of the Maigue and Loobagh Drainage Scheme, any order of the High Court made after the 18th day of October, 1944, and before the passing of this Act.

Prohibition of drainage schemes under Acts in First Schedule.

59. —From and after the passing of this Act no drainage scheme shall be prepared or carried into execution under any of the Acts specified in Part I of the First Schedule to this Act.