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Arterial Drainage Act 1945

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Number 3 of 1945

ARTERIAL DRAINAGE ACT 1945

REVISED

Updated to 20 May 2026

This Revised Act is an administrative consolidation of the Arterial Drainage Act 1945. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Mental Health Act 2026 (11/2026), enacted 7 May 2026, and all statutory instruments up to and including the Avian Influenza (Biosecurity Measures) Regulations 2025 (Revocation) Regulations 2026 (S.I. No. 214 of 2026), made 20 May 2026, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.

Number 3 of 1945.

ARTERIAL DRAINAGE ACT 1945.

REVISED

Updated to 20 May 2026

ARRANGEMENT OF SECTIONS

PART I.

Preliminary

Section
1.	Short title.
2.	Definitions.
3.	Expenses.

PART II.

Drainage Schemes.

3A.	Interpretation.
4.	Preparation of drainage schemes.
4A.	Environmental impact assessment.
4B.	Sub-threshold drainage works.
4C.	Obligation to carry out environmental impact assessment.
4D.	Exemption from obligation to carry out environmental impact assessment.
4E.	Environmental impact assessment report.
4F.	Scope of environmental impact assessment report.
5.	Pre-submission consultation.
5A.	Pre-submission consultation on transboundary effects.
6.	Notices to reputed proprietors, occupiers, etc.
7.	Confirmation of drainage scheme by the Minister.
7A.	Revision of scheme (no EIA required).
7B.	Submission of EIA drainage scheme.
7C.	Consultation on EIA drainage scheme.
7D.	Consultation on transboundary effects.
7E.	Decision on EIA drainage scheme.
7F.	Publication of decision on EIA drainage scheme.
7G.	Review.
7H.	Monitoring of effects on environment.
7I.	Enforcement.
7J.	Revision of scheme (EIA required).
8.	Inclusion of existing drainage works in a drainage scheme.
9.	The carrying out of a drainage scheme.
10.	Protection of fisheries.
11.	Duties of the Commissioners in regard to public roads and bridges.
12.	Amendment of drainage schemes.
12A.	Scheme variations.
13.	Certificate of total or partial completion.
13A.	Conflicts of interest.
14.	Acquisition of and compensation for lands, rights, etc.
15.	Compensation for certain interferences with land, etc.
16.	Compensation for injury to canals, fisheries, etc.
17.	Matters to be regarded in assessment of compensation.
18.	Amendment of valuation of benefited lands.
19.	The Award. (Repealed)
20.	Disposal of surplus lands, etc.

PART III.

Existing Drainage Districts.

21.	The appointed day for this Part of this Act.
22.	Abolition of drainage rates.
23.	Maintenance of existing drainage works.
24.	Maintenance transfer orders.
25.	Dissolution of drainage trustees and drainage boards.
26.	Defrayal of the cost of existing drainage works.
27.	Provisions in respect of the Barrow Drainage District.
28.	Certain provisions in respect of existing drainage districts managed by councils.
29.	Failure of council to maintain existing drainage works.
30.	Duty of councils to furnish reports.

PART IV.

Existing Embankments.

31.	Transfer of control and management of existing embankments to the Commissioners.
32.	Power to construct a substitute embankment.
33.	Defrayal of cost of maintenance of an existing embankment.
34.	Abandonment of an existing embankment.
35.	Trust funds in respect of existing embankments.
36.	Provisions in respect of certain existing embankments.

PART V.

Maintenance of Drainage Works.

37.	Maintenance of drainage works by the Commissioners.
38.	Powers of the Commissioners in relation to maintenance.

PART VI.

Amendment of Awards.

39.	Execution of additional works.
40.	Amendment of Awards.(Repealed)
41.	Application of certain provisions to supplemental Awards. (Repealed)

PART VII.

The Panel of Drainage Arbitrators.

42.	The Panel of Drainage Arbitrators. (Repealed)

PART VIII.

Miscellaneous and General.

43.	General power to the Commissioners to employ contractors.
44.	Additional powers for recovery of moneys payable by county councils.
45.	Payment of certain debts out of compensation.
46.	Control and management of weirs.
47.	Restrictions on the erection, alteration, etc., of weirs.
48.	Power of the Commissioners to compel repair of watercourses.
49.	Compulsory drainage orders.
50.	Restrictions on the construction or alteration of bridges.
51.	Protection of the Commissioners m certain liabilities.
52.	Offences and penalties.
53.	Bye-Laws.
54.	Apportionment of land purchase annuities, etc.
55.	Provisions in respect of the District of Fergus.
56.	Provisions in respect of the drainage schemes in the Third Schedule.
57.	Drainage districts partly outside the State.
58.	Provision in respect of certain drainage schemes under the Arterial Drainage Acts, 1925 and 1929.
59.	Prohibition of drainage schemes under Acts in First Schedule.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

Acts Referred to
Arterial Drainage Act, 1925	No. 33 of 1925
Barrow Drainage Act, 1927	No. 26 of 1927
Drainage Maintenance Act, 1924	No. 46 of 1924
Barrow Drainage Act, 1933	No. 30 of 1933
Land Act, 1931	No. 11 of 1931
Land Act, 1923	No. 42 of 1923
Land Act, 1927	No. 19 of 1927
Fisheries Act, 1939	No. 17 of 1939
District of Fergus Drainage Act, 1943	No. 13 of 1943
Arterial Drainage (Amendment) Act, 1929	No. 18 of 1929
River Owenmore Drainage Act, 1926	No. 3 of 1926
Arterial Drainage (Minor Schemes) Act, 1928	No. 23 of 1928

Number 3 of 1945.

ARTERIAL DRAINAGE ACT 1945.

REVISED

Updated to 20 May 2026

AN ACT TO MAKE PROVISION FOR THE DRAINAGE AND IMPROVEMENT OF LAND BY THE EXECUTION OF WORKS OF ARTERIAL DRAINAGE, TO PROVIDE FOR THE MAINTENANCE OF THOSE WORKS AND MAKE FURTHER AND BETTER PROVISION FOR THE MAINTENANCE OF EXISTING DRAINAGE WORKS, AND TO PROVIDE FOR MATTERS INCIDENTAL TO OR CONNECTED WITH THE MATTERS AFORESAID OR RELATING GENERALLY TO THE DRAINAGE OF LAND. [1st March, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

Application of collectively cited Arterial Drainage Acts 1945 and 1995 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in operation as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

Arterial Drainage Acts 1945 and 1995

...

Application of collectively cited Arterial Drainage Acts restricted (15.03.2010) by European Communities (Assessment and Management of Flood Risks) Regulations 2010 (S.I. No. 122 of 2010), reg. 24(2).

General responsibility of the Commissioners for flood risk management.

24. ...

(2) Notwithstanding anything in the Arterial Drainage Acts 1945 to 1995 or in any other Act or Regulation, the Commissioners shall not be required to do anything that is contrary to or inconsistent with the aims, provisions or requirements of the Directive.

Power to prepare multiple schemes confirmed (17.07.1995) by Arterial Drainage (Amendment) Act 1995 (14/1995), s. 8, commenced on enactment.

More than one drainage scheme may be prepared in relation to a catchment area or watercourse.

8.—Nothing in the Principal Act shall be construed as preventing the Commissioners from preparing a second or further drainage scheme in relation to a catchment area, watercourse or part of a watercourse that has been the subject of such a scheme.

Application of Act extended (18.07.1990) by Shannon Navigation Act 1990 (20/1990), s. 6(1), commenced on enactment.

Application of Arterial Drainage Act, 1945, to Ballinamore and Ballyconnell drainage district.

6.—(1) The Act shall apply in relation to the Ballinamore and Ballyconnell drainage district as if that district were an existing drainage district and subject to the modification that the appointed day shall be deemed to be the day immediately preceding the vesting day and any other necessary modifications.

...

Application of Act restricted (18.12.1985) by Local Government (Reorganisation) Act, 1985, (County Borough of Galway) Order 1985 (S.I. No. 426 of 1985), art. 10 and sch. paras, 4, 5.

Application of Schedule.

10. The provisions contained in the Schedule to this Order shall apply and have effect in relation to the establishment of the County Borough.

SCHEDULE.

...

4. Notwithstanding the provisions of the Arterial Drainage Act, 1945 (No. 3 of 1945), the following arrangements shall apply in relation to liability for the payment of the demand issued to the County Council pursuant to section 37 of that Act in respect of the local financial year 1986:

(a) The Corporation shall be deemed to have been served with a demand and the amount of the demand shall be that proportion of the first mentioned demand as is equivalent to the proportion of the demand served on the County Council in respect of the year 1985 for which the Borough Corporation was liable and,

(b) the said first mentioned demand shall be reduced by the amount referred to in subparagraph (a) of this paragraph.

5. Notwithstanding the provisions of the Arterial Drainage Act, 1945 the following arrangements shall apply in relation to the calculation and liability for the payment of such portion of the demands served on the County Council and Corporation in respect of the local financial year 1987 and subsequent years as relates to works carried out prior to the appointed day:

(a) An amount shall be calculated which would represent the liability of the County Council for such portion as if section 5 of the Act of 1985 had not been enacted.

(b) The Corporation shall be liable for the payment of a proportion of the amount referred to in subparagraph (a) of this paragraph and that proportion shall be the same proportion as the proportion for the relevant financial year pursuant to the provisions of article 5(2) of this Order.

(c) The County Council shall be liable for the payment of the balance of the amount referred to in subparagraph (a) of this paragraph and an amount equivalent to such balance shall be included in the demand served on the County Council.

...

Editorial Notes:

Minister granted power to order abandonment of embankments, transfer powers of Commissioners for purposes of assessment and management of flood risk and giving further effect to the provisions and requirements of the Regulations and Directive 2007/60/EC, and amend or repeal any provision of Act for purposes of improving the assessment and management of flood risk or where the matters are also dealt with in the Regulations (15.03.2010) by European Communities (Assessment and Management of Flood Risks) Regulations 2010 (S.I. No. 122 of 2010), regs. 57 and sch. 3, reg. 58(1)(g), (h).

Primary responsibility for collectively cited Arterial Drainage Acts assigned to a Minister other than the Minister for Housing, Local Government and Heritage (14.11.2002) by Local Government Act 2001 (37/2002), s. 63 and sch. 12 part 2, S.I. No. 507 of 2002, as substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 115, S.I. No. 846 of 2007.