Arterial Drainage (Amendment) Act, 1995

Modification or relocation of watercourse, embankment or other works.

9.—(1) In this section “relevant works” means a watercourse, embankment or other works that has or have been completed pursuant to a drainage scheme.

(2) It shall be lawful for the Commissioners to give their consent to the modification, relocation or the alteration in any other manner by a person of relevant works where they are of opinion that such modification, relocation or alteration is not likely to result in the flooding of any lands or the drainage of any lands being adversely affected.

(3) (a) If relevant works are modified, relocated or altered in any other manner by a person with, or without, the consent of the Commissioners, the Commissioners may, as they consider appropriate in the circumstances—

(i) re-instate those works to their condition before such modification, relocation or alteration was carried out, or

(ii) maintain those works as so modified, relocated or altered.

(b) The provisions of the Principal Act conferring powers on the Commissioners for the purposes of the maintenance by them of any relevant works shall apply and have effect for the purposes of the maintenance by them of relevant works under paragraph (a) (ii).

(4) The costs incurred by the Commissioners in re-instating relevant works under paragraph (a) (i) of subsection (3) shall, where the modification, relocation or alteration of the works had been carried out without their consent, be borne by the person who carried out the modification, relocation or alteration and, in default of payment by him or her of those costs, may be recovered by the Commissioners from him or her as a simple contract debt in any court of competent jurisdiction.

(5) In proceedings to recover costs referred to in subsection (4), it shall be presumed until the contrary is proved that the owner of the land through which the watercourse concerned passed or, as the case may be, on which the embankment or other works concerned was or were located immediately before the modification, relocation or alteration concerned was carried out was the person who carried out that modification, relocation or alteration.