Arterial Drainage Act, 1945
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Control and management of weirs. |
46.—(1) The Minister may by order, whenever, on the application of the Commissioners, he thinks proper so to do in the interests of drainage, declare that this section shall apply to any particular weir or weirs specified in the order or to all the weirs in any particular area similarly specified. | |
(2) Whenever this section is declared by an order under the foregoing sub-section of this section to apply to a weir, the following provisions shall have effect in respect of such weir, that is to say:— | ||
(a) the person owning or having control of such weir shall comply with all directions and instructions given to him from time to time by the Commissioners in relation to the management and working of the sluices and other movable parts of such weir; | ||
(b) if bye-laws are made under this Act by the Commissioners which are applicable to such weir, the person owning or having control of such weir shall in all respects observe and comply with those bye-laws; | ||
(c) if the person owning or having control of such weir fails or refuses to comply with or observe any direction, instruction, or bye-law which he is required by either of the foregoing paragraphs of this sub-section to comply with or observe, the following provisions shall apply and have effect, that is to say:— | ||
(i) such person shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five 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, and | ||
(ii) it shall be lawful for the Commissioners to appoint a sluice-keeper or other person to regulate and control the movable portions of such weir and, where any such person is so appointed, it shall be lawful for the Commissioners to recover by civil action from the owner or person having control of such weir as a simple contract debt the remuneration paid by them to the sluice-keeper or other person so appointed. | ||
(3) The Commissioners shall not give any such instructions or directions as are mentioned in the next preceding sub-section of this section save, in the case of a weir affecting a fishery or fishing rights, after consultation with the Minister for Agriculture or, in the case of a weir affecting an industry, canal, or inland waterway, after consultation with the Minister for Industry and Commerce. | ||
(4) Every person who suffers loss or damage in respect of any water-power or other water-right or any fishery or fishing right by reason of an order made by the Minister under this section or of any such bye-laws as are referred to in sub-section (2) of this section shall, unless such loss or damage is due to his own act or default, be entitled (subject to the provisions of the next following sub-section of this section) to be paid by the Minister compensation in respect of such loss or damage. | ||
(5) Every claim for compensation under the next preceding sub-section of this section— | ||
(a) shall be made in writing to the Minister within one year after such loss or damage is suffered or, in the case of continuing loss or damage, is first suffered, and | ||
(b) shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Drainage Arbitrators whose decision, both as to the right to and the amount of such compensation, shall be final and conclusive. | ||
(6) No order made by the Minister under this section shall apply or have effect in relation to any weir which is for the time being owned or controlled by the Electricity Supply Board or any weir acquired by the Minister for Agriculture under the Fisheries Act, 1939 (No. 17 of 1939). |