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Procedure by county council on receipt of petition.
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3.—(1) Every council to which a petition is presented under this Act shall refer such petition to the county surveyor for his report on the general merits of the proposals contained in the petition.
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(2) For the purpose of making such report as aforesaid the county surveyor and his assistants shall be entitled at all reasonable times to enter upon the lands referred to in the petition and such other lands in the neighbourhood thereof as he or they shall think necessary and also any premises on any such lands and there to make such investigations and do such things as shall appear to him or them to be necessary for the purpose of making such report.
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(3) Upon receiving the report of the county surveyor on such petition the council, at a meeting of which not less than seven days' notice has been given to each member, shall consider such petition and such report and may, if they think fit, pass a resolution—
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(a) either approving of the proposals contained in the petition or declaring that such proposals require further investigation, and in either case
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(b) requesting the Commissioners to examine such proposals and to consider whether a drainage scheme should be prepared and a separate drainage district constituted to give effect to such proposals, and
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(c) undertaking that if the lands referred to in the petition or any part thereof, either together with or without other lands in the neighbourhood thereof, are constituted a separate drainage district the council would maintain the drainage works constructed in such drainage district so far as the same are situate in their county and would collect and pay the terminable annuity, drainage rates, and other moneys collectable or payable by them in respect of the construction or maintenance of such works.
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(4) Where any such resolution as aforesaid is duly passed by the council of a county, the secretary of the council shall forthwith send to the Commissioners a copy of such resolution and of the petition (with the map annexed thereto) to which the resolution relates.
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(5) Where the council of a county, having considered any such petition and report, do not pass any such resolutions as aforesaid the secretary of the council shall forthwith send a copy of the petition (with the map annexed thereto) and of the report to the Commissioners.
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(6) Where any such petition is presented to the councils of two or more counties pursuant to this Act such councils may combine for the purpose of considering such petition and, in lieu of referring the petition to the county surveyor of each such county, may refer the petition to the county surveyor of one such county and in such case every such council may act under this section on the report of such county surveyor.
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(7) Any county council or combination of county councils, in lieu of referring such petition to a county surveyor, may with the sanction of the Minister for Local Government and Public Health refer the petition to some other qualified engineer nominated by such council or councils, and in such case all references in this section to a county surveyor shall be construed and have effect as references to such qualified engineer and the remuneration of such qualified engineer shall be paid out of the county fund of the council or in such proportions as the Minister for Local Government and Public Health may direct out of the several county funds of the councils by whom he is appointed.
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