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3 1945

ARTERIAL DRAINAGE ACT, 1945

PART I.

Preliminary.

Short title.

1. —This Act may be cited as the Arterial Drainage Act, 1945.

Definitions.

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.

Expenses.

3. —The expenses incurred by the Minister or the Commissioners in the administration of this Act shall (to such extent as may be sanctioned by the Minister and so far as they are not otherwise provided for by this Act) be paid out of moneys provided by the Oireachtas.