Arterial Drainage Act, 1945


Existing Embankments.

Transfer of control and management of existing embankments to the Commissioners.

31.—(1) The Minister may by order (in this Part of this Act referred to as a transfer order), whenever he thinks proper so to do on the application of the Commissioners, transfer to the Commissioners the control and management of any existing embankment and, where such existing embankment is, immediately before the date of such order, vested in trustees, also transfer such existing embankment to the Commissioners and vest the same in them for the like estate as it was so vested in such trustees.

(2) A transfer order shall operate and have effect in accordance with the terms thereof and, if the existing embankment to which such order relates is included in the drainage works proposed in a drainage scheme to be executed, such transfer order shall operate to incorporate such existing embankment in such drainage works, and in any other case such transfer order shall operate to impose on the Commissioners the duties (in this Part of this Act referred to as duties of repair and maintenance) of putting the existing embankment to which such order relates into proper repair and effective condition and of maintaining it in such proper repair and effective condition.

(3) The Commissioners shall, for the purpose of performing the duties of repair and maintenance imposed on them in relation to an existing embankment by virtue of a transfer order, have power—

(a) to enter on any land and there do all such things as shall, in their opinion, be necessary for the said purpose and, in particular, to take soil and other materials from such land, and

(b) to determine all questions which shall arise in relation to such existing embankment and the repair or maintenance thereof and to define or prescribe the rights, obligations, and liabilities in relation thereto of all parties.

(4) A transfer order may relate to a part only of an existing embankment, and accordingly in this Part of this Act (including the foregoing sub-sections of this section) the expression “existing embankment” shall, where the context so admits, be construed as including a part of an existing embankment as well as the whole of an existing embankment.