Arterial Drainage Act, 1945

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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.