Arterial Drainage Act, 1945
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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. |