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Arterial Drainage Act 1945
Control and management of weirs.
46.—(1) The Minister may by order, whenever, on the application of the Commissioners, he thinks proper so to do in the interests of drainage, declare that this section shall apply to any particular weir or weirs specified in the order or to all the weirs in any particular area similarly specified.
(2) Whenever this section is declared by an order under the foregoing sub-section of this section to apply to a weir, the following provisions shall have effect in respect of such weir, that is to say:—
(a) the person owning or having control of such weir shall comply with all directions and instructions given to him from time to time by the Commissioners in relation to the management and working of the sluices and other movable parts of such weir;
(b) if bye-laws are made under this Act by the Commissioners which are applicable to such weir, the person owning or having control of such weir shall in all respects observe and comply with those bye-laws;
(c) if the person owning or having control of such weir fails or refuses to comply with or observe any direction, instruction, or bye-law which he is required by either of the foregoing paragraphs of this sub-section to comply with or observe, the following provisions shall apply and have effect, that is to say:—
(i) such person shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding F45[£1,500] together with, in the case of a continuing offence, a further fine not exceeding F45[£200] for every day during which the offence is continued, and
(ii) it shall be lawful for the Commissioners to appoint a sluice-keeper or other person to regulate and control the movable portions of such weir and, where any such person is so appointed, it shall be lawful for the Commissioners to recover by civil action from the owner or person having control of such weir as a simple contract debt the remuneration paid by them to the sluice-keeper or other person so appointed.
(3) The Commissioners shall not give any such instructions or directions as are mentioned in the next preceding sub-section of this section save, in the case of a weir affecting a fishery or fishing rights, after consultation with the Minister for Agriculture or, in the case of a weir affecting an industry, canal, or inland waterway, after consultation with the Minister for Industry and Commerce.
(4) Every person who suffers loss or damage in respect of any water-power or other water-right or any fishery or fishing right by reason of an order made by the Minister under this section or of any such bye-laws as are referred to in sub-section (2) of this section shall, unless such loss or damage is due to his own act or default, be entitled (subject to the provisions of the next following sub-section of this section) to be paid by the Minister compensation in respect of such loss or damage.
(5) Every claim for compensation under the next preceding sub-section of this section—
(a) shall be made in writing to the Minister within one year after such loss or damage is suffered or, in the case of continuing loss or damage, is first suffered, and
(b) F46[…]
(6) No order made by the Minister under this section shall apply or have effect in relation to any weir which is for the time being owned or controlled by the Electricity Supply Board or any weir acquired by the Minister for Agriculture under the Fisheries Act 1939 (No. 17 of 1939).
Annotations
Amendments:
F45
Substituted (17.07.1995) by Arterial Drainage (Amendment) Act 1995 (14/1995), s. 14(1), (2) and table, commenced on enactment..
F46
Repealed (17.07.1995) by Arterial Drainage (Amendment) Act 1995 (14/1995), s. 15(a), commenced on enactment.
Modifications (not altering text):
C17
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:
...
(e) the Arterial Drainage Acts, 1945 and 1955,
...
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 changed 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).
C18
The history of the Ministers concerned with Industry and Commerce aspects of section can be traced as follows:
• Title of Minister for Industry and Commerce changed to Industry, Commerce and Energy (23.09.1977) by Industry and Commerce (Alteration of Name of Department and Title of Minister) Order, 1977 (S.I. No. 306 of 1977), in operation as per art. 1(2);
• Title of Minister for Industry, Commerce and Energy changed to Industry, Commerce and Tourism (23.01.1980) by Industry, Commerce and Energy (Alteration of Name of Department and Title of Minister) Order 1980 (S.I. No. 10 of 1980), in operation as per art. 1(2);
• Title of Minister for Industry, Commerce and Tourism changed to Trade, Commerce and Tourism (21.08.1981) by Industry, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order 1981 (S.I. No. 290 of 1981), in operation as per art. 1(2);
• Title of Minister for Trade, Commerce and Tourism changed to Industry, Trade, Commerce and Tourism (17.12.1983) by Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order 1983 (S.I. No. 384 of 1983), in operation as per art. 1(2);
• Title of Minister for Industry, Trade, Commerce and Tourism changed to Industry and Commerce (19.02.1986) by Industry, Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order 1986 (S.I. No. 41 of 1986), in operation as per art. 1(2);
• Title of Minister for Industry and Commerce changed to Enterprise and Employment (20.01.1993) by Industry and Commerce (Alteration of Name of Department and Title of Minister) Order 1993 (S.I. No. 19 of 1993), in operation as per art. 1(2);
• Title of Minister for Enterprise and Employment changed to Enterprise, Trade and Employment 912.07.1997) by Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 (s.I. No. 305 of 1997), in operation as per art. 1(2);
• Title of Minister for Enterprise, Trade and Employment changed to Enterprise, Trade and Innovation (2.05.2010) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 185 of 2010), in operation as per art. 1(2);
• Title of Minister for Enterprise, Trade and Innovation changed to Jobs, Enterprise and Innovation (2.06.2011) by Enterprise, Trade and Innovation (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 245 of 2011), in operation as per art. 1(2);
• Title of Minister for Jobs, Enterprise and Innovation changed to Business, Enterprise and Innovation (2.09.2017) by Jobs, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 364 of 2017), in operation as per art. 1(2);
• Title of Minister for Business, Enterprise and Innovation changed to Enterprise, Trade and Employment (10.11.2020) by Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 519 of 2020), in operation as per art. 1(2);
• Title of Minister for Enterprise, Trade and Employment changed to Enterprise, Tourism and Employment (2.06.2025) by Enterprise, Trade and Employment (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 172 of 2025), in operation as per art. 1(2).
Editorial Notes:
E29
A fine of £1,500 mentioned in subs. (2)(c)(i) converted (1.01.1999) to €1,904.61. This translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 2, S.I. No. 662 of 2010.
A fine of £200 mentioned in subs. (2)(c)(i) converted (1.01.1999) to €253.95. This translates into a Class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 2, S.I. No. 662 of 2010.