Arterial Drainage Act, 1945

PART II.

Drainage Schemes.

Preparation of drainage schemes.

4.—(1) Whenever the Commissioners are of opinion that the execution of arterial drainage works is expedient in respect of any catchment area for the purpose of preventing or substantially reducing the periodical flooding of lands in that area or of improving by drainage lands in the said area, it shall be lawful for the Commissioners to prepare a scheme (in this Act referred to as a drainage scheme) for the execution of such works and for that purpose to make such engineering and valuation surveys of the said area as shall appear to them to be necessary or expedient.

(2) Every drainage scheme prepared by the Commissioners in pursuance of this section shall show, either in the body of the scheme or by means of appropriate maps, drawings, plans, sections, and schedules annexed thereto, the following matters, that is to say:—

(a) the waters and watercourses proposed to be dealt with,

(b) the lands which will be drained or otherwise improved by the carrying out of the scheme,

(c) the drainage works proposed to be executed in pursuance of the scheme,

(d) where the benefited lands are all situate in one county, the aggregate annual value (at the time of the preparation of the scheme) of those lands and the total increase in the annual value thereof which will probably arise in consequence of the execution of the scheme or, where the benefited lands are situate in two or more counties, the respective aggregate annual values (at the time aforesaid) of the portions of those lands situate in each such county and the several total increases in the annual values of those portions respectively which will probably arise in consequence of the execution of the scheme,

(e) the lands proposed to be compulsorily acquired or substantially interfered with, the easements, fisheries, water-rights, navigation-rights, and other rights proposed to be compulsorily acquired, restricted, terminated, or otherwise interfered with, and the roads and bridges (whether public or private) proposed to be diverted, removed, or otherwise interfered with,

(f) the reputed proprietors, owners, and rated or other occupiers of the several lands proposed to be compulsorily acquired or substantially interfered with and of the several easements, fisheries, water-rights, navigation-rights, and other rights, and private roads and bridges proposed to be compulsorily acquired, restricted, terminated or otherwise interfered with,

(g) the area proposed to be constituted a separate drainage district on the completion of the carrying out of the scheme.

(3) It shall be lawful for the Commissioners and their officers, agents, and servants to enter on any lands and there do all such things as may appear to them to be necessary or expedient for the purposes of the preparation of a drainage scheme and the making of any such surveys in relation thereto as are mentioned in sub-section (1) of this section.

(4) Every mention or reference contained in this Act of or to a drainage scheme shall be construed as including every map, drawing, plan, section, and schedule annexed to such drainage scheme.