Land Act, 1927

Provisions for drainage maintenance rate.

15.—(1) Where a holding which comes within the provisions of sub-section (1) of section 24 of the Land Act, 1923 , and which at the passing of this Act has not been vested in the Land Commission is subject to drainage maintenance rate the standard purchase annuity shall be reduced by such sum as the Land Commission shall ascertain and determine in manner hereinafter provided to be the average annual drainage maintenance rate payable in respect of the holding unless the standard purchase annuity shall have been fixed by agreement between the landlord and tenant and the liability for and incidence of such maintenance rate has been taken into account by them when fixing such standard purchase annuity.

(2) The average annual drainage maintenance rate payable in respect of the holding shall be ascertained by taking for each of the last ten years preceding the passing of this Act in which a drainage maintenance rate was levied by the drainage trustees of the arterial drainage district in which the holding is situate the decimal proportion, applicable to the holding, of the total drainage maintenance rate levied for such year: Provided that if ten rates have not been struck during the period of twenty years next preceding the passing of this Act the average annual drainage maintenance rate shall be ascertained and determined by the Land Commission in such other manner as they may think fit.

(3) It shall be the duty of the Commissioners of Public Works and of drainage trustees of arterial drainage districts by their secretary or other proper officer to furnish at the request of the Land Commission the decimal proportion and total drainage maintenance rate aforesaid respectively and such further information as the Land Commission may require to enable them to carry out their duties under this section.