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Arterial Drainage Act 1945

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Restrictions on the erection, alteration, etc., of weirs.

47

47.—(1) It shall not be lawful for any person (other than the Electricity Supply Board), without or otherwise than in accordance with the consent of the Commissioners to erect, enlarge or alter any weir or other like construction in a watercourse where such erection, enlargement or alteration might cause flooding of any land unless—

(a) such erection, enlargement or alteration is made in compliance with an order made or a notice served by the Minister for Agriculture under the Fisheries Act, 1939 (No. 17 of 1939), or

(b) such land is in the occupation of such person, or

(c) such land is in the occupation of other persons who have assented to such erection, enlargement or alteration.

(2) When the Commissioners consent to the erection, enlargement, or alteration of a weir or other like construction, they may attach to such consent such conditions and restrictions as they think proper, and such conditions and restrictions shall be deemed to be part of such consent.

(3) The following provisions shall apply and have effect in relation to consents by the Commissioners under the foregoing provisions of this section, that is to say:—

(a) no such consent shall be given and no condition or restriction shall be attached to any such consent save after consultation with the Minister for Agriculture;

(b) no such consent, condition, or restriction shall be contrary to or inconsistent with an order made or notice served under the Fisheries Act, 1939 (No. 17 of 1939), and for the time being in force;

(c) no such consent shall operate to relieve the grantee thereof from compliance with the Fisheries Acts, 1842 to 1944.

(4) If any person erects, enlarges, or alters a weir in contravention of this section, he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F47[£1,500] together with a further fine not exceeding F47[£200] for every day during which such erection, enlargement, or alteration or any part thereof is maintained.

Annotations

Amendments:

F47

Substituted (17.07.1995) by Arterial Drainage (Amendment) Act 1995 (14/1995), s. 14(1), (2) and table, commenced on enactment.

Modifications (not altering text):

C19

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).

Editorial Notes:

E30

A fine of £1,500 mentioned in subs. (4) 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. (4) 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.