Thursday, 22 February 1945
Dáil Éireann Debate
(3) The duty imposed on the council of a county by paragraph (b) of sub-section (2) of this section and the power conferred on the council of a county by paragraph (c) of the said sub-section (2) shall each be a reserved function.
(b) simultaneously with or as soon as may be after the publication of the said notice in the Iris Oifigiúil, the Minister shall send to the council of every county in which the area or part of the area to which such scheme relates is situate a copy of the said notice;
(c) the council of a county to whom a copy of the said notice has been so sent or any other person may, within two months after the date of the publication of the said notice in the Iris Oifigiúil, send to the Minister an objection in writing stating that such council or such person objects to the issue of the said certificate and the grounds of such objection;
In sub-section (1), page 12, lines 2 to 18, inclusive, deleted, and the words “obligatory on the commissioners to acquire compulsorily any land, easement, fishery, water-right, navigation-right, or other right proposed in such drainage scheme to be so acquired in respect of which it appears to the commissioners in the course of carrying out such drainage scheme, that the acquisition of such land, easement, fishery, water-right, navigation-right or other right is not necessary for the purpose of such carrying out” substituted instead.
(3) It shall not be obligatory on the commissioners to make any interference with any land, easement, fishery, water-right, navigation-right, or other right or any road or bridge proposed in a drainage scheme to be compulsorily made in respect of which it appears to the commissioners, in the course of carrying out such drainage scheme, that such interference is not necessary for the purpose of such carrying out.
(a) the responsible council or the responsible councils of any such existing drainage district may, in their discretion, make such concession as they shall think proper in regard to the mode or time of payment of any arrears of drainage rate or drainage charge  owing to such council or councils on the appointed day;.
Mr. Smith: Because of the pressure brought to bear upon me in the other House and because of the way in which I was influenced by the arguments advanced as to the unwisdom of leaving this power with county councils.
In sub-section (2), page 25, in line 3, before the word “for” the words “or under Section 46 of the Land Act, 1931 (No. 11 of 1931)” inserted; in lines 4 and 5 the words “or under the said section 45 for the repayment to the Public Trustee” deleted, and in lines 8 and 9 the words “or repaid to the Public Trustee” deleted.
(1) It shall not be lawful for any person (other than the Electricity Supply Board), without or otherwise than in accordance with the consent of the commissioners to erect, enlarge or alter any weir or other like construction in a watercourse where such erection, enlargement or alteration might cause flooding of any land unless—
In Section 47 it has been made obligatory on all persons who erect any form of obstruction on a river to make application to the commissioners. We thought this would cause a good deal of confusion and annoyance and we are providing that such obstruction may be erected without any application whatever where the drainage done is confined to the owner's land, or to his neighbour's land, if he has obtained the prior consent of such neighbour.
(5) Where the Minister confirms a by-law made under this section, notice of such confirmation shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the district in which the drainage works to which the by-law relates are situate.
(3) If the automatic tidal sluice  or sluices at Clarecastle Bridge or the alternative safeguard in lieu thereof included in the works specified in Clause (D) of paragraph 2 of the Scheduled Consent has not or have not been provided at the date upon which the remaining works specified in that Clause and in Clause (F) of the said paragraph 2 have been completed—
(a) sub-section (2) of Section 5 of the Fergus Act shall have effect as if it enabled a separate certificate of completion to be given in accordance with that sub-section in respect of the works specified in the said Clauses (D) and (F) other than the provision of the said sluice, sluices or alternative safeguard and a separate certificate of completion to be given (whether by the same or a different engineer) in accordance with that sub-section at a subsequent date in respect of the provision of the said sluice, sluices or alternative safeguard,
(b) each certificate given by virtue of paragraph (a) of this sub-section shall be conclusive evidence for all purposes of the completion of the works specified therein in accordance with the Scheduled Consent,
(c) sub-section (2) of Section 6 of the Fergus Act shall have effect as if it enabled the order to be made by the commissioners amending Schedule B to the Final Award dated the 30th day of October, 1860, to be made on the completion of the new works other than the provision of the said sluice, sluices or alternative safeguard and a separate order to be made by the commissioners at a subsequent date further amending the said Schedule B by the addition thereto of the said sluice, sluices or alternative safeguard,
(d) sub-section (1) of Section 6 of the Fergus Act shall have effect from the making of the first order referred to in paragraph (c) of this sub-section until the making of the second order therein referred to as if the reference in that sub-section to the works specified in  Clauses (D) and (F) of paragraph 2 of the Scheduled Consent were a reference to those works other than the said sluice, sluices or alternative safeguard.
This covers the Fergus Drainage District. All the works provided in the schedule of consent, with the exception of the provision of certain sluices, have been completed, and as it will be some time before these can be obtained, or a suitable alternative provided, it is felt that the completed works should be transferred for maintenance to the Clare County Council without further delay.
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