Arterial Drainage Act, 1945

Certificate of total or partial completion.

13.—(1) When the Minister is satisfied on the representation of the Commissioners that a portion of the drainage works specified in a drainage scheme has been completed in accordance with that scheme (with such additions, omissions, variations, and deviations as may have been found necessary in the course of the work) and that the said portion of the said drainage works can conveniently be regarded as a separate work for the purposes of so much of this Act as relates to matters subsequent to the completion of a drainage scheme, the Minister shall, subject to the subsequent provisions of this section, cause to be issued a certificate (in this Act referred to as a certificate of partial completion) sealed with his official seal certifying that the said portion of the said drainage works has been completed as aforesaid.

(2) When the Minister is satisfied on the representations of the Commissioners that the whole of the drainage works specified in a drainage scheme have been completed in accordance with that scheme (with such additions, omissions, variations, and deviations as may have been found necessary in the course of the work), the Minister shall, subject to the subsequent provisions of this section, cause to be issued a certificate (in this Act referred to as a certificate of total completion) sealed with his official seal certifying that the whole of the said drainage works have been completed as aforesaid.

(3) In this Act the expression “certificate of completion” includes both a certificate of total completion and a certificate of partial completion.

(4) The following provisions shall apply and have effect in relation to the issue under this section of a certificate of completion, that is to say:—

(a) the Minister shall cause to be published in the Iris Oifigi[html]il and in such one or more newspapers circulating in the area to which the drainage scheme relates as he shall think proper a notice stating that the Minister proposes to issue the said certificate and that any person may, within two months after the date of the publication of such notice in the Iris Oifigi[html]il, send to the Minister an objection to the issue of the said certificate;

(b) simultaneously with or as soon as may be after the publication of the said notice in the Iris Oifigi[html]il, the Minister shall send to the council of every county in which the area or part of the area to which such scheme relates is situate a copy of the said notice;

(c) the council of a county to whom a copy of the said notice has been so sent or any other person may, within two months after the date of the publication of the said notice in the Iris Oifigi[html]il, send to the Minister an objection in writing stating that such council or such person objects to the issue of the said certificate and the grounds of such objection;

(d) the Minister shall consider every (if any) objection sent to him under the next preceding paragraph of this section and shall take such steps in regard thereto as he shall think proper;

(e) the said certificate shall not be issued less than two months after the date of the publication of the said notice in the Iris Oifigi[html]il.

(5) The power conferred on the council of a county by paragraph (c) of sub-section (4) of this section shall be a reserved function.

(6) A certificate of partial completion shall be conclusive evidence that the portion specified in such certificate of the drainage works specified in the drainage scheme to which such certificate relates has been completed in accordance with that scheme.

(7) A certificate of total completion shall be conclusive evidence that the whole of the drainage works specified in the drainage scheme to which such certificate relates have been completed in accordance with that scheme.

(8) Where a certificate of partial completion or two or more such certificates have been issued in relation to any drainage works, the certificate of total completion in relation to those drainage works shall include and apply to the portions of those drainage works covered by such certificate or certificates of partial completion and thereupon such certificate or certificates of partial completion shall cease to have effect.