Arterial Drainage Act, 1945

Bye-Laws.

53.—(1) In this section the expression “drainage works” shall be construed and have effect as including an existing embankment the control and management of which is for the time being vested in the Commissioners by virtue of a transfer order under Part IV of this Act.

(2) The Commissioners may make such bye-laws as they shall consider necessary or expedient for securing the protection and efficient functioning of drainage works constructed or in course of construction by them under this Act or the control and management of which is transferred to them by or under this Act and, in particular and without prejudice to the generality of the foregoing power, the Commissioners may make bye-laws for all or any of the following purposes, that is to say:—

(a) regulating generally the management and operation of the drainage works to which the bye-laws apply;

(b) regulating and controlling the use and preventing the improper use of or damage to watercourses, banks, and other works comprised in or forming part of such drainage works;

(c) regulating the opening, closing, and working of sluices, hatches, flood gates, pumps, and other machinery comprised in or forming part of such drainage works;

(d) prohibiting any such obstruction or pollution of or any such putting of solid matter into a watercourse flowing to, through, or from such drainage works as prevents or hinders or is likely to prevent or hinder the efficient operation of such drainage works or causes or is likely to cause flooding of land drained or protected by such drainage works;

(e) prohibiting the doing of any injury or damage to such drainage works;

(f) prohibiting any interference with such drainage works by unauthorised persons;

(g) compelling persons liable to maintain a watercourse to keep such watercourse cleaned and scoured.

(3) Bye-laws made under this section may relate and be made applicable to all drainage works for the time being constructed or in the course of construction by the Commissioners under this Act or the control and management of which is transferred to the Commissioners by or under this Act or may relate and be made applicable only to one or more particular such drainage works.

(4) No bye-law made under this section shall be of any force or effect unless or until it has been confirmed by the Minister.

(5) Where the Minister confirms a bye-law made under this section, notice of such confirmation shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the district in which the drainage works to which the bye-law relates are situate.

(6) The Minister may by order, whenever he so thinks proper, amend or revoke any bye-law made by the Commissioners under this section notwithstanding that such bye-law has been confirmed by him.

(7) A document purporting to be a copy of a bye-law made under this section and having endorsed on it a certificate purporting to be sealed with the seal of the Commissioners declaring it to be a true copy of such bye-law shall be received in evidence in any proceedings (whether civil or criminal) in any Court as conclusive evidence of the contents of such bye-law and that it was duly made and approved of in accordance with this section and is in force.

(8) Every person who shall, by act or omission, contravene a bye-law made under this section and in force shall· be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence is continued.