|
|
Procedure where Commissioners decide for petition.
|
6.—(1) If the Commissioners, having considered a resolution or resolutions and petition of which copies are sent to them by the secretary of a county council or secretaries of county councils pursuant to this Act and the reports of such persons as they shall have appointed to report on the proposals contained in such petition, are of opinion that the circumstances are such as to justify the preparation of a drainage scheme and the constitution of a separate drainage district to effect the objects of such proposals they shall so inform such county council or county councils and shall prepare a drainage scheme accordingly.
|
|
| |
(2) Every drainage scheme prepared by the Commissioners under this Act 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 rivers, streams, or waters proposed to be dealt with and the lands proposed to be drained or improved, and
|
|
| |
(b) the works proposed to be executed, and
|
|
| |
(c) the lands and premises proposed to be compulsorily acquired, the easements, water-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, and
|
|
| |
(d) the rated occupiers of the several lands proposed to be drained or improved, the respective values of such several lands at the time of the preparation of the scheme, and the probable amount by which such values would respectively be increased by the execution of the proposed works, and
|
|
| |
(e) the reputed proprietors, owners, and rated or other occupiers of the several lands and premises, easements, water-rights, and other rights, private roads and bridges proposed to be compulsorily acquired, restricted, terminated or otherwise interfered with or affected, and an estimate of the compensation which would be payable to such proprietors, owners and occupiers respectively on account of such compulsory acquisition, restriction, termination, interference, or affection, and
|
|
| |
(f) the area to be constituted a separate drainage district on the completion of the proposed works, and
|
|
| |
(g) an estimate of the cost of the execution of the proposed works and of the expenses generally of carrying out the scheme, and
|
|
| |
(h) the amount which the Minister for Finance proposes to contribute out of moneys to be provided by the Oireachtas towards the cost and expenses of carrying out the scheme.
|
|
| |
(3) Where a drainage scheme is carried out and a separate drainage district constituted pursuant thereto, the expenses incurred by the Commissioners in considering and examining the resolution or resolutions and the petition and the proposals contained therein and in preparing the drainage scheme shall be part of the general expenses of carrying the scheme into execution and shall be paid accordingly.
|
|
| |
(4) Where a drainage scheme is for any reason not fully carried out and no separate drainage district is constituted in pursuance thereof the expenses incurred by the Commissioners in considering and examining the resolution or resolutions and the proposals contained therein and in preparing the drainage scheme and in the carrying out of the scheme so far as the same is actually carried out shall be defrayed as to two-thirds thereof out of moneys to be provided by the Oireachtas and as to one-third thereof either (as the case may be) by the county council by which the resolution was passed or by the several county councils by which the resolutions were passed in such proportions as shall be directed by the Minister for Local Government and Public Health, and in either case out of such funds and by means of such rate as the said Minister shall direct.
|
