asked the Minister for Finance whether the Commissioners of Public Works are required, prior to carrying out drainage work on any river, to give notice of their intention to landowners and farmers whose lands border the section of the river affected by the proposed works; if so, what notice; and what opportunity is given to such landowners and farmers to protest against the carrying out of any such works.
Ceisteanna—Questions. Oral Answers. - Drainage Operations.
3.
Under the Arterial Drainage Act, 1945, each drainage scheme with maps and schedules must be exhibited locally for a period of at least one month and a notice, indicating when and where the scheme may be inspected by interested parties, must be published in Iris Oifigiúil and in one or more newspapers circulating in the area concerned. In addition, the Commissioners of Public Works are required to serve notice on every person named in the scheme as the reputed owner or occupier of lands or rights proposed to be acquired or substantially interfered with and to allow such persons a month in which to submit their observations.
The Parliamentary Secretary is aware that the landowners adjoining the River Nenagh had no objection to this work being carried out? It was only after the work had been carried out that the damage was done.
4.
asked the Minister for Finance if he will describe in detail the precautions taken by the Commissioners of Public Works when planning or carrying out drainage work to ensure that such work has no deleterious effect on land in the vicinity through flooding or through cutting off the water supply or natural drainage from such land.
Drainage works are directed to the prevention of flooding and the provision of improved drainage of lands. Every effort is made in the planning and execution of schemes to keep interference to a minimum. It is inevitable, however, that in isolated cases, some damage must result. Each such case presents different features and has to be considered on its merits. Examples of the type of precautions taken to prevent flooding and interference with natural drainage are: provision of embankments; pumping installations; openings in spoil heaps; improved outlets for field drains; improvement of weirs and sluice gates and provision for passage of flood flows during construction works. Where water supplies are interfered with they are, where possible, restored by remedial works such as provision of weirs, lowering or extension of intake pipes and provision of filters.
5.
asked the Minister for Finance whether compensation is paid to landowners and farmers by the Commissioners of Public Works for any damage caused by their agents or servants in the carrying out of drainage work; if so, by what means the amount of such compensation is decided; and if he will state in how many cases compensation was paid by the Commissioners in each of the past ten years.
Under the Arterial Drainage Act, 1945 compensation may be paid to any person who suffers loss or damage by reason of the execution of an arterial drainage scheme. The Act provides that in the assessment of compensation regard should be had to the benefit which the scheme has brought to the property of the claimant. The amount of compensation payable is a matter for negotiation between the claimant and the Commissioners of Public Works, but there is provision for arbitration, if agreement cannot be reached.
The numbers of compensation claims paid in each financial year since 1954/5 were:— 1954/5, 21; 1955/6, 36; 1956/7, 33; 1957/8, 62; 1958/9, 35; 1959/60, 56; 1960/1, 55; 1961/2, 67; 1962/3, 75; 1963/4 to date, 85.