Arterial Drainage Act, 1925

Objections to drainage.

8.—(1) The Commissioners shall in due course examine the communications received by them from rated occupiers of lands proposed in the drainage scheme to be drained or improved and shall ascertain the number of such occupiers who in the manner and within the time specified in the notices served on them by the Commissioners have dissented from the scheme (which occupiers are hereinafter referred to as “dissenting occupiers”), and shall further ascertain the aggregate value of the lands occupied by dissenting occupiers which are proposed in the scheme to be drained or improved, and, if such aggregate value is more than half the total value of all the lands proposed in the scheme to be drained or improved, the Commissioners shall take no further steps in regard to the drainage scheme but they may if they so think fit prepare a new or a modified drainage scheme to effect the objects or some of the objects of the proposals contained in the petition and in such case the provisions of this Act (including this section) shall apply to such new or modified scheme as fully as they apply to an original drainage scheme.

(2) If the aggregate value of the lands occupied by dissenting occupiers which are proposed in the scheme to be drained or improved is equal to or less than half the total value of all the lands proposed in the scheme to be drained or improved, the Commissioners shall examine the objections (if any) to the scheme sent by rated occupiers of lands proposed in the scheme to be drained or improved or by reputed proprietors, owners, or occupiers of lands, rights, or property proposed in the scheme to be compulsorily acquired, interfered with, or otherwise affected to the Commissioners in the manner and within the time specified in the notices served under this Act, and the Commissioners may reject any such objections which appear to them to be merely frivolous or vexatious.

(3) If on such examination of communications it appears that there are no such objections or all such objections are either rejected or withdrawn the Commissioners shall present the drainage scheme to the Minister for Finance for confirmation, but if on such examination it appears that there is any such objection which is not rejected or withdrawn, the Commissioners shall cause a public inquiry into such objections to be held as hereinafter provided.

(4) The value of any land for the purposes of this section shall be the value thereof as stated in the drainage scheme.