Arterial Drainage Act 1945

Definitions.

2

2.In this Act—

the expression “the Minister” means the Minister for Finance;

the expression “the Commissioners” means the Commissioners of Public Works in Ireland;

the expression “the Reference Committee” means the Reference Committee constituted by paragraph (c) of sub-section (5) of section 1 of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925);

the expression “benefited lands” means either (as the context requires) lands stated in a drainage scheme under this Act to be lands which will be drained or otherwise improved by the execution of the drainage works specified in such scheme or stated in an Award under this Act or any previous Act, to be lands which have been drained or otherwise improved by the execution of the drainage works mentioned in such Award;

the expression “existing drainage district” means a drainage district constituted under any of the Acts specified in the First Schedule to this Act and wholly situate within the State;

the expression “existing drainage works” means the drainage works in an existing drainage district;

the word “embankment” means an artificial watercourse, drain, embankment, or other work constructed for the protection of land from flooding and includes all sluices, sluice-gates, pumps, weirs, watercourses, and other works forming part of or essential to the effective operation of any such embankment or work;

the expression “existing embankment” means an embankment constructed (whether before or after the passing of this Act) for the protection from flooding of land purchased under the Land Purchase Acts or the subject of proceedings under those Acts, whether such embankment was constructed before or after such purchase or the institution of proceedings therefor and whether such embankment was constructed by a former landlord or other person or by trustees or by or under the supervision of the Irish Land Commission;

the word “county” includes a county borough and, in relation to a county borough, the word “council” shall be construed as meaning the corporation of such county borough and the expression “poor rate” shall be construed as meaning the municipal rate;

the expression “reserved function” means—

(a) in the case of the corporation of a county borough, a reserved function for the purposes of the enactments relating to the management of that county borough,

(b) in any other case, a reserved function for the purposes of the County Management Acts, 1940 and 1942;

the word “weir” includes a dam and also includes all sluices, sluice-gates, flood-gates, locks, and other things forming part of a weir or a dam;

the word “watercourse” includes rivers, streams, and other natural watercourses, and also canals, drains, and other artificial watercourses;

a reference to a private bridge does not include a reference to any kesh, footstick or other similar structure.

Annotations

Modifications (not altering text):

C6

Functions transferred and references to “Minister for Finance” construed as "Minister for Public Expenditure and Reform" (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in operation as per art. 1(2).

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

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are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 3 of 1945

Arterial Drainage Act 1945

The whole Act

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

• Functions (other than under s. 3) transferred and title of Minister for Finance construed as Agriculture (23.12.1986) by Arterial Drainage (Transfer of Ministerial Functions) Order 1986 (S.I. No. 448 of 1986), in operation as per art. 1(2).

• Title of Minister for Agricuture changed to Agriculture and Food (31.03.1987) by Agriculture (Alteration of Name of Department and Title of Minister) Order 1987 (S.I. No. 97 of 1987), in operation as per art. 1(2).

• Functions (other than under s. 3) transferred and title of Minister for Agriculture and Food construed as Finance (5.05.1987) by Arterial Drainage (Transfer of Ministerial Functions) Order 1987 (S.I. No. 128 of 1997), in operation as per art. 1(2).

• Functions transferred and title of Minister for Finance construed as Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), in operation as per art. 1(2);

• Title of Minister for Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in operation as per art. 1(2);

• Title of Minister for Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025).