Arterial Drainage (Minor Schemes) Act, 1928

Assessments to the drainage rate.

12.—(1) When all the drainage works to be executed under a drainage scheme have been completed and the scheme has been fully carried out, the county council or joint committee charged under this Act with the carrying out of such scheme shall cause the lands proposed in the scheme to be drained or improved to be inspected by a competent land valuer or land surveyor appointed by them and a report to be made to them by such valuer or surveyor as to the completion of the said works and the carrying out of the scheme and as to the amounts by which the respective annual values of the said lands have been increased by the carrying out of the scheme.

(2) On consideration of such report and on being satisfied that the drainage scheme has been fully carried out and after affording to the persons concerned a reasonable opportunity of inspecting such report and being heard in regard thereto, the county council or joint committee shall issue their certificate certifying that the scheme has been fully carried out and certifying the respective amounts by which the respective annual values of the said lands have been increased by the carrying out of the scheme having regard to the benefits reasonably to be expected to accrue to such lands therefrom.

(3) The occupiers of the several lands proposed in the drainage scheme to be drained or improved shall be assessed to the drainage rate rateably in proportion to the amount (in this Act referred to as the drainage assessment) by which the annual value of the lands occupied by them is so certified by the county council or joint committee to have been increased by the carrying out of the scheme.

(4) Every certificate issued under this section by a joint committee shall certify in respect of the county of each of the county councils by whom such committee is appointed the total amount of the drainage assessments of lands in such county.

(5) Whenever it is necessary to make, before the issue of a certificate under this section, any division of liability or obligation between two or more county councils which is by or under this Act required to be made in proportion to the total drainage assessments of lands in the respective counties of such councils, such division shall be made in proportion to the total amounts by which the annual values of lands proposed in the scheme to be drained or improved in such counties respectively are stated in the scheme to be expected to be increased by the carrying out of the scheme and so soon as such certificate is issued all (if any) necessary repayments and readjustments shall be made between such councils and the amount of such repayments and readjustments shall in default of agreement be fixed by the Minister

(6) A county council or a joint committee by whom a certificate has been issued under this section may at any time on the application of any person interested apportion the drainage assessment under such certificate of any lands as between different portions of those lands in any case in which such apportionment appears to them to be necessary and whenever any such apportionment is so made such council or committee shall on demand by any person and on payment by such person of such fee not exceeding one shilling as shall be fixed by them issue to such person a declaration in writing of such apportionment and every such declaration shall (without proof of the signature or authority of the person by whom the same purports to have been issued) be conclusive evidence in all courts and for all purposes of such apportionment.

(7) A certificate issued by a county council or a joint committee under this section shall be deposited and kept in the office of such council or committee (as the case may be) and, in the case of a certificate so issued by a joint committee, a duplicate thereof shall also be deposited and kept in the office of every of the county councils by whom such committee is appointed and every such certificate and duplicate certificate so deposited shall be open to inspection by any person free of charge in the office in which the same is so deposited at all times during which such office is open for the transaction of business and the secretary of a county council in whose office any such certificate or duplicate is so deposited shall on demand and on payment of such fee (not exceeding one shilling) as shall be fixed by such council furnish to any person a correct copy of such certificate or duplicate or of any portion thereof specified by such person and such secretary or some other officer of such county council nominated by such council for that purpose shall in writing under his hand certify the correctness of every copy so furnished and every copy so certified shall (whether the same is made from a certificate deposited under this subsection or from a duplicate so deposited and without proof of the signature, office, or authority of the person by whom the same purports to be so certified) be conclusive evidence in all courts and for all purposes of the making and contents of the certificate or portion thereof of which it purports to be a copy.