Local Government (Sanitary Services) Act, 1948

Nuisances in drains.

18.—(1) Where a sanitary authority become aware or suspect that the drainage system of one or more than one separate premises or any part of such system is so defective, foul or neglected as to be or to be likely to become a nuisance or injurious to health, it shall be lawful for the authority after seven days' notice in writing to the occupier of the land in which such system or part thereof is situate or, in case of emergency, without notice or after shorter notice, to cause such system or part thereof to be opened up and examined and for that purpose to cause any necessary openings and excavations to be made.

(2) If a drainage system or part thereof is found on an examination under subsection (1) of this section not to be defective, foul or neglected, the sanitary authority who authorised the examination shall, subject to subsection (6) of this section, cause such system to be restored and any openings or excavations made in connection with the examination to be closed or filled up and any damage done to be made good.

(3) If a drainage system or part thereof is found on an examination under subsection (1) of this section to be defective, foul or neglected and any works are necessary for the abatement or prevention of a nuisance or injury to health, the following provisions shall have effect:

(a) subject to subsection (6) of this section, the sanitary authority who authorised the examination shall carry out such works,

(b) such sanitary authority may recover the cost of such works (including the cost of the examination) from the owner of the separate premises drained by such system or, where such system or part thereof is used for the drainage of two or more separate premises not having the same owner, from the several owners of such premises in the proportion determined under paragraph (c) of this subsection,

(c) where such system or part thereof is used for the drainage of two or more separate premises not having the same owner, such sanitary authority, or, in case of dispute, the Minister shall apportion the cost of such works (including the cost of the examination) between the several owners of such premises having due regard to their respective responsibilities for the defective, foul or neglected condition of such system.

(4) If a drainage system or part thereof is found on an examination under subsection (1) of this section not to be defective, foul or neglected but it appears to the sanitary authority who authorised the examination that any separate premises drained by such system or part thereof are not drained satisfactorily, such sanitary authority may serve on the owner of such separate premises a notice stating that they intend to make a provisional drainage order in respect of such premises.

(5) If a drainage system or part thereof is found on an examination under subsection (1) of this section to be defective, foul or neglected and it appears to the sanitary authority who authorised the examination that, after carrying out the works necessary for the prevention of a nuisance or injury to health, any separate premises drained by such system or part thereof would still not be drained satisfactorily, such sanitary authority may serve on the owner of such separate premises a notice stating that they intend to make a provisional drainage order in respect of such premises.

(6) Where a sanitary authority serve a notice under subsection (4) or (5) of this section, they shall take all reasonable steps to prevent injury to health or inconvenience arising during the period before the provisional drainage order referred to in the notice comes into force but shall not be obliged to comply with subsection (2) or paragraph (a) of subsection (3) (as the case may be) of this section unless and until either—

(a) one month elapses after the service of the notice and the intended order has not been made in the meantime, or

(b) the intended order is made but is annulled on an objection, or

(c) the owner of such separate premises expressly requires such compliance.

(7) Any cost incurred by a sanitary authority in complying with a requisition made under paragraph (c) of subsection (6) of this section by the owner of any premises shall, if a drainage order is made in respect of such premises, be deemed to be part of the cost of the execution of the drainage works required by such order.

(8) Any officer, servant or agent of a sanitary authority may, for the purpose of carrying out the provisions of this section, enter on any land and there do all things reasonably necessary for that purpose.

(9) Any person who wilfully obstructs an officer, servant or agent of a sanitary authority in the lawful exercise of any power conferred by subsection (8) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds and, in the case of a continuing offence, to a further fine not exceeding five pounds for every day on which the offence is continued.

(10) For the purposes of this section, a closet, privy or sink shall be regarded as part of the drainage system of the premises which it serves,