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Arterial Drainage Act 1945

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F16[Confirmation of drainage scheme (no EIA required)

7

7.—(1) This section applies to a drainage scheme that is not an EIA drainage scheme.

(2) When, in respect of a drainage scheme to which this section applies—

(a) the times limited by section 5(4)(c) for the sending to the Commissioners of observations by councils of counties, and

(b) the times limited by section 6(3) for the sending to the Commissioners of observations by persons on whom a notice has been served pursuant to section 6,

have expired, the Commissioners shall—

(i) consider every such observation sent to them within the time appropriate thereto,

(ii) after consultation with the Minister for Transport, Tourism and Sport, the Minister for Culture, Heritage and the Gaeltacht, the Minister for Communications, Climate Action and Environment, the Minister for Agriculture, Food and the Marine, the Minister for Housing, Planning and Local Government, and such other (if any) Minister of the Government as they shall think proper, make such, if any, alterations (whether by addition, omission, or variation) in the drainage scheme as they shall think proper, and

(iii) submit the drainage scheme as so altered (if at all) to the Minister.

(2) When a drainage scheme to which this section applies has been submitted to the Minister under this section, the Minister shall do whichever of the following things shall appear to him to be proper:

(a) make an order confirming the scheme,

(b) refuse to confirm the scheme, or

(c) refer the scheme back to the Commissioners for revision in specified respects.]

Annotations

Amendments:

F16

Substituted (21.09.2019) by European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019), reg. 3(f), subject to transitional provisions in reg. 4.

Editorial Notes:

E13

Previous affecting provision: subss. (6)-(10) inserted (23.07.2014) by European Union (Access to Review of Decisions for Certain Bodies or Organisations promoting Environmental Protection) Regulations 2014 (S.I. No. 352 of 2014), reg. 2; section substituted (21.09.2019) as per F-note above.

E14

Previous affecting provision: subs. (3)(a)(iii), (iv) inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 3, in operation as per reg. 2; section substituted (21.09.2019) as per F-note above.

E15

Previous affecting provision: subs. (3)(a)(ii), (b) substituted, subss. (4)(bb), (4A) inserted (23.09.2009) by European Communities (Arterial Drainage) Regulations 2009 (S.I. No. 388 of 2009), reg. 6(1)-(4), in operation as per reg. 2(2); section substituted (21.09.2019) as per F-note above.

E16

Previous affecting provision: subss. (3), (4) substituted (1.05.1999) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1999 (S.I. No. 93 of 1999), reg. 10(e), (f), in operation as per reg. 2(1), (3); section substituted (21.09.2019) as per F-note above.

E17

Previous affecting provision: subs. (5) inserted (18.09.1998) by European Communities (Environmental Impact Assessment) (Amendment) Regulations 1998 (S.I. No. 351 of 1998), reg. 10(b); section substituted (21.09.2019) as per F-note above.

E18

Previous affecting provision: subs. (1) amended, subss. (1)(d), (3), (4) inserted (1.02.1990) by European Communities (Environmental Impact Assessment) Regulations 1989 (S.I. No. 349 of 1989), reg. 16(f), (g), (h), in operation as per reg. 2(1); section substituted (21.09.2019) as per F-note above.

E19

Previous affecting provision: functions under subs. (1)(b) transferred from Minister for Communications to Minister for the Marine (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 91 of 1987), art. 4(1)(c) and sch. part IV ref. no. 5; section substituted (21.09.2019) as per E-note above.

E20

Previous affecting provision: functions under subs. (1)(b) transferred from Minister for Industry and Commerce to Minister for Transport and Power (27.07.1959) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959), art. 4(2) and sch. 2 ref. no. 2; functions transferred (31.03.1987) as per E-note above.