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Powers of the Commissioners in relation to maintenance.
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38.—(1) For the purpose of the maintenance by the Commissioners of any drainage works (including existing drainage works) in pursuance of this Part of this Act, it shall be lawful for the Commissioners to do all or any of the following things, that is to say:—
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(a) enter on any land and there do all such things as shall be necessary for or incidental to such maintenance;
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(b) take from any land all sods and other material required for the purpose of such maintenance;
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(c) deposit on any land all spoil and other material produced in the course of such maintenance;
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(d) utilise for the purpose of such maintenance all or any spoil, gravel, stone, rock, or other material removed in the course of such maintenance;
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(e) do all such other acts and things as shall, in the opinion of the Commissioners, be necessary or proper for the efficient carrying out of such maintenance.
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(2) In addition and without prejudice to the general powers conferred on the Commissioners by the foregoing sub-section of this section, it shall be lawful, for the purpose of the maintenance by them of any drainage works (including existing drainage works) in pursuance of this Part of this Act, to execute such improvements to such drainage works or existing drainage works as appear to them to be minor matters properly capable of being regarded as maintenance.
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(3) Any minor improvements effected by the Commissioners under the next preceding sub-section of this section shall be regarded for the purposes of this Act as maintenance and the cost thereof shall be defrayed accordingly.
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