Drainage Management
The Department makes certain notices on persons in control of dams and sluices requiring them to keep open or close any sluice forming part of the dam or otherwise to control the quantity of water in the dam. Failure to comply is an offence.
Generally, persons in control of any dams or operating sluice gates forming part of a dam, over which he has control must do so, so as little damage or injury as practicable, having regard to the purpose for which the dam was constructed, is to be caused through flooding. In the event of a person failing to control the dam etc., compensation suffered by persons by such failure may be recovered summarily by the person so damaged or injured.
There are a range of offences in relation to obstruction of officers in the exercise of functions under the order, removal of works or infrastructure connected with works, placing of solid material into watercourses, obstruction of flow etc. Each is an offence subject on summary conviction to a fine on level 3 or imprisonment up to six months.
Nothing in the legislation is to render the Department liable for damage which may happen to land or other property through the accidental overflowing of any watercourse or through the breaking, collapsing, or failure of a bank, bank of dam etc. Where damage and loss have been caused by the negligent construction or repair of any embankment, dam etc., any person who suffers loss from the damage may obtain reasonable compensation from the Department. In assessing the same, regard is to be had to remedial works which the Department may have carried out in order to make good the damage.
The Department is to provide such protection for fisheries that may be affected by works and operations carried out as may be agreed between the Department and the owner of the fishery. In default of agreement, the matter is to be determined by an arbitrator agreed by the parties or to be appointed in default by the Lord Chief Justice. The Department may pay sums to defray expenses incurred.
The agreement or determination may provide for the construction and maintenance of watercourse of a fish pass for free and uninterrupted passage of fish; provision of a hatchery, pool, or weir; replacement of stones and gravel; replanting of trees.
Compensation may be payable in respect of damage caused to a fishery.
The Drainage Council is to consist of persons appointed by the Minister, of whom ten shall represent councils; one navigational and drainage interests; Department of Finance; one represent agricultural interests, fishery interests; two represent industrial interests.
The following duties are imposed on occupiers of undesignated watercourses. The occupier of land through which an undesignated watercourse runs, or of which a watercourse forms a boundary, shall scour and cleanse and maintain the portion of the watercourse running through, or bounding his land, so that the efficiency of the watercourse, for the due discharge of any water that may flow, is not impaired by reason of the act or omission of his or anyone acting under his authority.
This obligation applies only to the middle of a boundary watercourse. The legislation does not impose an obligation on an occupier of land in respect of undesignated watercourses that do not have any function in connection with the drainage of land.
Where another person is required above to clean and maintain watercourses and is prejudicially affected by the inefficiency of a watercourse, the Department may serve notice on an occupier, requiring him to permit that other person to enter land and do what may be specified.
The Department may serve notice on an occupier, requiring them to scour out and cleanse as much of an undesignated watercourse as runs through the bounds of the land occupied by them. When such a notice is served, a person may object in writing and may appeal to the county court. If the required works are not carried out, the Department may undertake the works and recover the expenses.
A person shall not deposit any solid matter in a watercourse, except as permitted by law, nor cause, allow, or permit the discharge, flow, or fall of any matter likely to render the watercourse less effective for drainage purposes. Furthermore, a person shall not undertake any act likely to impair the efficiency of a sea defence or construct or reconstruct a bridge in, over, or under a waterway, except with the consent of the Department. Additionally, a person shall not use any vehicle, machinery, or implement to damage a bank or embankment of any watercourse or sea defence.
A person shall not erect any structure over or under any watercourse or carry out works of alteration or repair to a structure in, over, or under a watercourse that is likely to affect the flow of water, impede drainage work, or prevent or impede the passage of fish, except with the written consent of the Department.
A person may not erect or alter a structure designed to control or divert the waters of a designated waterway, except with the approval of the Department. The Department shall not permit any structure that has been erected, placed, or altered or repaired in contravention of the above obligations to remain without its consent.
A consent or approval required from the Department shall not be unreasonably withheld and may be granted subject to conditions. In cases where a question arises as to whether consent has been unreasonably withheld or whether conditions are unreasonable, the matter shall be referred to a single arbitrator to be agreed upon by the parties or appointed in default by the president of the Institution of Civil Engineers upon the application of either party. A person who contravenes the above obligations is guilty of an offence and, upon summary conviction, is liable to a fine not exceeding level 3.
The Department, when satisfied that the free flow of water is obstructed or diminished or the passage of fish is prevented or impeded, may alter or remove any works and recover the expenses incurred.
The occupier of land in the vicinity of a watercourse or sea defences must ensure that the banks and embankments are not broken down or damaged by cattle or other animals grazing or being on that land. Where, due to a contravention of this obligation, a watercourse or sea defence is likely to be rendered less effective for drainage purposes, the occupier is guilty of an offence.
If the Department considers that any tree or structure in the vicinity of a watercourse is in danger of collapsing so as to obstruct the free flow of water, it may serve a notice on the occupier, requiring the removal of such tree or structure. If the requirements are not complied with, the Department may enter the land, remove the tree or structure, and recover the costs.
The Department may, for the purpose of preventing damaged to be land, serve a notice requiring control of any dam or sluices during such times and on such terms as are specified for the purpose of controlling quantity of water in a dam. Failure to comply is an offence.