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Arterial Drainage Act 1945
Preparation of drainage schemes.
4.—F3[(1) Whenever the Commissioners are of opinion that the execution of arterial drainage works is expedient in respect of—
(a) any catchment area for the purpose of preventing or substantially reducing the periodical flooding of lands in that area or of improving by drainage lands in that area, or
(b) any watercourse or any part of a watercourse for the purpose of preventing or substantially reducing the periodical flooding of lands in the area of that watercourse or such a part or of improving by drainage lands in that area,
it shall be lawful for the Commissioners to prepare a scheme (in this Act referred to as a drainage scheme) for the execution of such works and for that purpose to make such engineering, environmental, valuation and other surveys of the said area as shall appear to them to be necessary or expedient.]
F4[(1A) F5[…]]
(2) Every drainage scheme prepared by the Commissioners in pursuance of this section 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 waters and watercourses proposed to be dealt with,
(b) the lands which will be drained or otherwise improved by the carrying out of the scheme,
(c) the drainage works proposed to be executed in pursuance of the scheme,
(d) where the benefited lands are all situate in one county, the aggregate annual value (at the time of the preparation of the scheme) of those lands and the total increase in the annual value thereof which will probably arise in consequence of the execution of the scheme or, where the benefited lands are situate in two or more counties, the respective aggregate annual values (at the time aforesaid) of the portions of those lands situate in each such county and the several total increases in the annual values of those portions respectively which will probably arise in consequence of the execution of the scheme,
(e) the lands proposed to be compulsorily acquired or substantially interfered with, the easements, fisheries, water-rights, navigation-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,
(f) the reputed proprietors, owners, and rated or other occupiers of the several lands proposed to be compulsorily acquired or substantially interfered with and of the several easements, fisheries, water-rights, navigation-rights, and other rights, and private roads and bridges proposed to be compulsorily acquired, restricted, terminated or otherwise interfered with,
(g) the area proposed to be constituted a separate drainage district on the completion of the carrying out of the scheme.
F6[(2A) F7[…]]
F6[(2B) F7[…]]
Annotations
Amendments:
F3
Substituted (17.07.1995) by Arterial Drainage (Amendment) Act 1995 (14/1995), s. 3, commenced on enactment.
F4
Inserted (25.10.2012) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2012 (S.I. No 469 of 2012), reg. 2
F5
Deleted (21.09.2019) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019), reg. 3(b), subject to transitional provisions in reg. 4.
F6
Inserted (1.02.1990) by European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989), reg. 16(b), in operation as per reg. 2(1).
F7
Deleted (21.09.2019) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019), reg. 3(b), subject to transitional provisions in reg. 4.
Modifications (not altering text):
C8
Certain matters to be considered when preparing drainage scheme under section as provided (17.07.1995) by Arterial Drainage (Amendment) Act 1995 (14/1995), s. 4, commenced on enactment.
Matters to which regard is to be had in preparation of a drainage scheme.
4.—The Commissioners shall, in deciding the nature and extent of the drainage works to be included in a drainage scheme that is being prepared by them under section 4 of the Principal Act in respect of a watercourse or part of a watercourse, have regard to the effects that any such works would, if executed in pursuance of the scheme, have throughout the catchment area of which the watercourse or part thereof is a part.
Editorial Notes:
E3
Previous affecting provision: subs. (2B)(b) substituted (23.09.2009) by European Communities (Arterial Drainage) Regulations 2009 (S.I. No. 388 of 2009), reg. 4; subsection deleted (21.09.2019) as per F-note above.
E4
Previous affecting provision: subs. (2A)(b)(iii), (d), (e) inserted, subs. (2B)(a) substituted, (d) inserted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), s. 10(a)-(d), in operation as per reg. 2(1); subsections deleted (21.09.2019) as per F-note above.
E5
Previous affecting provision: subs. (2B)(b), (c) substituted (18.09.1998) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998), s. 10(a); subsection deleted (21.09.2019) as per F-note above.
E6
Previous affecting provision: subs. (1) amended (1.02.1990) by European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989), by s. 16(a), in operation as per reg. 2(1); substituted (17.07.1995) as per F-note above.