Arterial Drainage Act, 1945

Abandonment of an existing embankment.

34.—(1) The Minister may by order (in this Part of this Act referred to as an abandonment order) whenever he thinks proper so to do on the application of the Commissioners, authorise the abandonment of the whole or any specified part of an existing embankment in relation to which duties of repair and maintenance are imposed on the Commissioners by virtue of a transfer order.

(2) An abandonment order shall operate to authorise the Commissioners to abandon the existing embankment or the part of an existing embankment to which such order relates and to relieve and discharge the Commissioners, as from the date of such order, of and from the duties of repair and maintenance imposed on them by virtue of the relevant transfer order.

(3) Every person who suffers loss or damage by reason of the flooding of land owned or occupied by him shall, where such flooding is due directly to the abandonment of an existing embankment in pursuance of an abandonment order, be entitled to be paid by the Commissioners compensation in respect of such loss or damage.

(4) Every claim for compensation under this section—

(a) shall be made in writing to the Commissioners within one year after the loss or damage to which the claim relates is first suffered, and

(b) shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Drainage Arbitrators whose decision, both as to the right to and the amount of such compensation, shall be final and conclusive.

(5) Compensation payable under this section in respect of the flooding of land (in this sub-section referred to as flooded land) which is subject, either alone or in conjunction with other land, to a Land Purchase Annuity or other annual payment (not being merely rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners shall be applied by the Commissioners in or towards the redemption of so much (whether the whole or a part) of such annuity or annual payment as is charged on or apportioned to the flooded land exclusively, and only the surplus (if any) of such compensation remaining after such redemption shall be paid to the owner or occupier of the flooded land.