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Confirmation of drainage scheme.
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9.—(1) If the aggregate value as stated in the drainage scheme of so much of the lands proposed by the scheme to be drained or improved as are in the occupation of persons who have duly informed the county council or the joint committee (as the case may be) that they dissent from the scheme exceeds one-half of the total value as stated in the scheme of the lands so proposed to be drained or improved the county council or joint committee shall refuse to confirm the scheme but if the said aggregate value does not exceed one-half of the said total value the county council or joint committee (as the case may be) after considering the objections (if any) to the drainage scheme duly sent to them under this Act and hearing such (if any) persons as they are required by this section to hear, shall at their discretion either confirm the scheme without alteration or confirm the scheme with such alteration (whether by way of variation, addition, or omission) as they may think proper to make therein or refuse to confirm the scheme
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(2) The following provisions shall apply to the confirmation under this section of a drainage scheme by a county council or joint committee and to the refusal of such confirmation, that is to say:—
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(a) such confirmation or refusal shall be made only at a meeting of the county council or joint committee of which not less than seven days notice stating that the confirmation of the scheme will be considered at the meeting has been sent to every member of the county council or joint committee and also in the prescribed form and manner to the public,
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(b) the notice to the public of such meeting shall state that any person bona fide aggrieved by or objecting to the drainage scheme may attend such meeting and will be heard by the council or committee,
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(c) every person attending such meeting and claiming to be aggrieved by or to object to the drainage scheme and desiring to be heard shall be heard by the council or committee unless his grievance or objection appears to them to be frivolous or merely obstructive,
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(d) the meeting may be adjourned from time to time as may be necessary or expedient,
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(e) unless the confirmation of the scheme, whether with or without alteration, is passed at such meeting by an absolute majority of all the members of such county council or joint committee the confirmation of the drainage scheme shall be deemed to have been refused by such council or committee.
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(3) When a county council or joint committee has duly confirmed a drainage scheme, whether with or without alteration, such county council or joint committee shall within the prescribed time serve on the prescribed persons and in the prescribed form and manner notice of the confirmation of the scheme.
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(4) When a county council or a joint committee duly refuses or is deemed to have refused to confirm a drainage scheme such scheme shall be abandoned and no further steps shall be taken in respect thereof but without prejudice to proceedings by petition under this Act for a new drainage scheme relating to the same locality.
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(5) The expenses incurred by a county council or a joint committee in and about the preparation and confirmation of a drainage scheme shall, whether such scheme is or is not confirmed under this section, be paid (as the case may be) out of the county fund of such council or in such proportions as shall in default of agreement be determined by the Minister out of the several county funds of the county councils by whom such joint committee is appointed.
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(6) The confirmation of a drainage scheme under this section shall be conclusive evidence that the requirements of this Act have been complied with in respect of such scheme and that such scheme has been duly made and is within the powers conferred by this Act.
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(7) References in this Act to a drainage scheme in relation to anything to be done or to occur at any time subsequent to the confirmation of such scheme under this section shall be construed as references to such scheme as so confirmed.
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