Local Government (Sanitary Services) Act, 1948
|
Payment to sanitary authority of their expenses in executing drainage works. |
17.—(1) Where a drainage order relates only to one separate premises or only to two or more separate premises having the same owner, the owner of the premises shall, subject to subsection (3) of this section, pay to the sanitary authority who made the order the amount of any expenses incurred by them in the execution of the whole or any part of the drainage works required by the order. | |
(2) Where a drainage order relates to two or more separate premises not having the same owner, the sanitary authority who made the order shall, subject to subsection (3) of this section, apportion any expenses incurred by them in the execution of the whole or any part of the drainage works required by the order between the owners of the premises and the following provisions shall have effect in connection with the apportionment: | ||
(a) the authority shall, within seven days after the day on which they make the apportionment, serve notice thereof on every such owner, | ||
(b) any such owner may object to the apportionment by giving notice in that behalf to the Minister within twenty-one days after the apportionment was made and the notice shall be in writing and shall contain a statement of the grounds of such objection, | ||
(c) on such notice of objection being given, the Minister, after consideration of the objection and after consultation with the authority, shall either confirm the apportionment or make a new apportionment, | ||
(d) where no objection is made under paragraph (b) of this subsection to the apportionment made by the authority or where, on an objection under that paragraph, that apportionment is confirmed, the amount apportioned to each such owner by that apportionment shall be paid by him to the authority, | ||
(e) where, on an objection under paragraph (b) of this subsection to the apportionment made by the authority, a new apportionment is made, the amount apportioned to each such owner by the new apportionment shall be paid by him to the authority. | ||
(3) Where a portion of the drainage works required by a drainage order has been executed by virtue of subsection (3) or subsection (4) of section 15 of this Act by the sanitary authority who made the order, the expenses incurred by the authority in the execution of such portion shall not be included in the expenses to be paid to or apportioned by the authority under this section. | ||
(4) Any doubt, dispute or question which arises as to the amount of the expenses which are to be paid to or apportioned by a sanitary authority under this section shall be decided by the Minister and his decision shall be final. | ||
(5) An amount payable to a sanitary authority under this section— | ||
(a) may, without prejudice to the application of section 255 of the Act of 1878, be recovered by the authority as a simple contract debt in any court of competent jurisdiction, or | ||
(b) may be declared by the authority to be private improvement expenses under the Acts, and may be recovered accordingly. |