Arterial Drainage Act, 1945

• Permanent Page URL

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.