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Arterial Drainage Act 1945

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Protection of fisheries.

10.—(1) It shall not be obligatory on the Commissioners, when constructing drainage works in pursuance of a drainage scheme, to comply with the Fisheries Acts, 1842 to 1944.

(2) Notwithstanding the exemption conferred by the foregoing sub-section of this section, the Commissioners shall, when constructing drainage works in pursuance of a drainage scheme, take such precautions and make such provisions as the Minister for Agriculture may consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the construction of such drainage works, provided that the said Minister shall, in consultation with the Commissioners, satisfy himself that taking such precautions and making such provisions will not cause substantial detriment to such drainage works or substantial hindrance to their construction.

Annotations

Modifications (not altering text):

C10

Application of section restricted (1.05.1977) by Local Government (Water Pollution) Act 1977 (1/1977), s. 3(6), S.I. No. 177 of 1977.

General prohibition on entry of polluting matter to waters.

3.—1) Subject to subsection (5), a person shall not cause or permit any polluting matter to enter waters.

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(6) For the purpose of continuing, notwithstanding the repeal effected by section 34 (c), the exemption conferred by each enactment mentioned in the Table to this section, a reference in any such enactment to the Fisheries (Ireland) Acts, 1842 to 1909, the Fisheries Acts, 1842 to 1935, or the Fisheries Acts, 1842 to 1944, shall be construed as including a reference to subsection (1).

TABLE

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Section 10 of the Arterial Drainage Act, 1945.

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C11

Functions transferred and title of Minister for Agriculture and Fisheries construed as Lands (8.02.1977) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1977), arts. 3, 4(1)(e), subject to transitional provisions in arts. 5-8.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Lands.

(2) References to the Department of Agriculture and Fisheries contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Lands.

4. (1) The functions vested in the Minister for Agriculture and Fisheries by or under the following Acts are hereby transferred to the Minister for Lands:

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(e) the Arterial Drainage Acts, 1945 and 1955,

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The history of the Ministers concerned with Agriculture aspects of Act can be traced as follows:

• Functions transferred and title of Minister for Agriculture construed as Lands (9.04.1957) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1957 (S.I. No. 67 of 1957), in operation as per art. 1(2);

• Functions transferred and title of Minister for Lands construed as Agriculture (3.05.1965) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1965 (S.I. No. 83 of 1965), in operation as per art. 1(2);

• Title of Minister for Agriculture changed to Agriculture and Fisheries (6.07.1965) by Agriculture (Alteration of Name of Department and Title of Minister) Order 1965 (S.I. No. 146 of 1965).

• Functions transferred and title of Minister for Agriculture and Fisheries construed as Lands (8.02.1977) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1997);

• Title of Minister for Lands changed to Fisheries (9.02.1977) by Lands (Alteration of Name of Department and Title of Minister) Order 1977 (S.I. No. 29 of 1977), in operation as per art. 1(2);

• Title of Minister for Fisheries changed to Fisheries and Forestry (15.07.1978) by Fisheries (Alteration of Name of Department and Title of Minister) Order 1978 (S.I. No. 195 of 1077), in operation as per art. 1(2);

• Title of Minister for Fisheries and Forestry to Tourism, Fisheries and Forestry (19.02.1986) by Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order 1986 (S.I. No. 40 of 1986), in operation as per art. 1(2);

• Title of Minister for Tourism, Fisheries and Forestry changed to Marine (19.03.1987) by Tourism, Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order 1987 (S.I. No. 82 of 1987), in operation as per art. 1(2);

• Title of Minister for Marine changed to Marine and Natural Resources (12.07.1997) by Marine (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 301 of 1997), in operation as per art. 1(2);

• Title of Minister for Marine and Natural Resources changed to Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), in operation as per art. 1(2);

• Title of Minister for Communications, Marine and Natural Resources changed to Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), in operation as per art. 1(2);

• Title of Minister for Communications, Energy and Natural Resources changed to Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), in operation as per art. 1(2);

• Title of Minister for Communications, Climate Action and Environment changed to Environment, Climate and Communication (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), in operation as per art. 1(2);

• Title of Minister for Environment, Climate and Communication changed to Climate, Energy and the Environment (2.06.2025) by Environment, Climate and Communications (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 235 of 2025), in operation as per art. 1(2).