Water Supplies Act, 1942

Procedure consequent upon making of proposal.

4.—(1) Whenever a sanitary authority have made a proposal they shall do the following things, that is to say :—

(a) take all reasonable steps to ascertain the persons (if any) to whom damage may be caused by the taking of water in accordance with the proposal and estimate as nearly as may be the amount of every (if any) such damage, and

(b) prepare in duplicate a list (in this Act referred to as the book of reference) showing, in respect of every person ascertained under the immediately preceding paragraph and whose name and address of ordinary residence are ascertainable by reasonable inquiry, such name and address, and

(c) deposit for inspection one copy of the proposal and one copy of the book of reference, and

(d) give to every person whose name appears in the book of reference as a person to whom damage may be caused a written notice conforming with this section of the proposal, and

(e) publish a notice conforming with this section of the proposal in a newspaper circulating in any sanitary district in which is situate any place at which water is proposed to be taken.

(2) Every notice which is given or published by a sanitary authority in pursuance of the foregoing sub-section of this section shall contain—

(a) a statement of the proposal to which such notice relates, and

(b) a statement of the place at which the book of reference in relation to such proposal may be inspected, and

(c) in the case of a notice given to a person, a statement that such person may make objection, to such proposal by giving to the sanitary authority before, but not after, a specified date (not being earlier than one month after the date on which such notice is given to such person) a statement in writing of such objection and the grounds thereof, and

(d) in the case of a notice published in a newspaper, a statement that any person (including a sanitary authority) whose name does not appear in the said book of reference but who is aggrieved by such proposal may make objection to such proposal by giving to the sanitary authority before, but not after, a specified date (not being earlier than one month after the publication of such notice in accordance with this section) a statement in writing of such objection, and the grounds thereof, and (in any case)

(e) a statement that if either no objection is duly made to such proposal or if every such objection so made is withdrawn, such proposal shall be deemed to have been agreed to and the sanitary authority will be empowered to take a supply of water in accordance with such proposal, and

(f) a statement that if any objection to such proposal is duly made and is not withdrawn, the sanitary authority will apply to the Minister for a provisional order declaring that such proposal may come into force, and

(g) a statement that, in the event of the sanitary authority being empowered to take a supply of water in accordance with such proposal, compensation will be payable in respect of the damage (if any) caused to any person by the taking of such supply of water.

(3) Where particulars of any ancillary operations are stated in a proposal, such particulars may be omitted from the notices under the first sub-section of this section of such proposal, but there shall be included in each of those notices which in pursuance of the said sub-section is given to any person a summary of such ancillary operations together with a statement that particulars of such ancillary operations are included in the copy of such proposal deposited for inspection with the book of reference.

(4) A notice given by a sanitary authority to a person in pursuance of the first sub-section of this section may, if the sanitary authority so thinks fit, contain an offer from the sanitary authority to such person of a specified sum of money by way of compensation for the damage in respect of which such person's name appears in the relevant book of reference.