Arterial Drainage (Minor Schemes) Act, 1928

Preparation of drainage scheme.

5.—(1) Whenever a petition is duly presented or deemed to have been presented under this Act to one county council only and such council duly passes under this Act a resolution approving of the proposals contained in such petition and determining to carry them out under this Act, such council shall prepare and (subject to confirmation) carry into execution in accordance with this Act a drainage scheme to effect the objects of such proposals.

(2) Whenever a petition is duly presentel or deemed to have been presented under this Act to two or more county councils and every such council duly passes under this Act a resolution approving of the proposals contained in such petition and determining to carry them out under this Act, all such councils shall through and by a joint committee appointed by them for the purpose under this Act jointly prepare and (subject to confirmation) carry into execution in accordance with this Act a drainage scheme to effect the objects of such proposals.

(3) No county council shall prepare or carry out alone any drainage scheme which proposes the execution of any drainage works or the drainage or improvement of any lands outside the county of such council and no joint committee of county councils shall prepare or carry out any drainage scheme which proposes the execution of any drainage works or the drainage or improvement of any lands outside the counties of such councils.

(4) No county council or joint committee of county councils shall prepare or carry out any drainage scheme which proposes any interference with the works of any drainage district constituted in pursuance of the provisions of the Navigation (Ireland) Acts, 1842 to 1857, or the Drainage and Improvement of Lands (Ireland) Acts, 1863 to 1892, or the Arterial Drainage Act, 1925 (No. 33 of 1925), or with the lands, rights, and other property of any local authority without the consent of such authority or with the powers, lands, rights, and other property of any body charged with the control of the navigation of any river or having the ownership of any canal without the consent of such body.