S.I. No. 122/2010 - European Communities (Assessment and Management of Flood Risks) Regulations 2010.
INDEX |
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Section. Title |
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PART 1 |
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PRELIMINARY |
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1. Citation. |
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2. Interpretation. |
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3. Expenses. |
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PART 2 |
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GENERAL |
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4. Administrative arrangements, role of the Commissioners and power of entry. |
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5. General duty of public authorities, specified bodies and organisations. |
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6. Co-ordination with the Water Framework Directive. |
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PART 3 |
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ASSESSMENT AND MANAGEMENT |
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7. Preliminary flood risk assessment. |
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8. Sending of copies of preliminary flood risk assessments to county councils. |
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9. Consideration of observations on preliminary flood risk assessments. |
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10. Areas of potential significant flood risks. |
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11. Flood hazard maps and flood risk maps. |
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12. Sending of copies of flood hazard maps and flood risk maps to county councils. |
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13. Objections to flood hazard maps. |
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14. Consideration of observations on flood hazard maps and flood risk maps. |
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15. Flood risk management plans. |
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16. Co-ordination with other Member States regarding flood risk management plans. |
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17. Public information and involvement. |
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18. Sending of copies of flood risk management plans to county councils. |
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19. Approval of flood risk management plans by the Minister. |
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20. Sending of flood risk management plans approved by the Minister to county councils. |
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21. Implementing measures and amendments. |
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22. Making of data available to the European Commission. |
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23. Advising the European Commission of legal changes. |
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PART 4 |
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OPERATIONAL MATTERS |
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24. General responsibility of the Commissioners for flood risk management. |
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25. Preparation of schemes of flood risk management works and measures. |
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26. Powers of the Commissioners regarding planning permission. |
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27. Sending of copies of schemes to county councils. |
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28. Notices to reputed proprietors, occupiers. |
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29. Approval of flood risk management scheme by the Minister. |
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30. Compulsory acquisition of land. |
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31. Compensation for certain interferences with land. |
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32. Compensation for injury to canals, fisheries. |
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33. Matters to be regarded in assessment of compensation. |
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34. Disposal of surplus land. |
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35. Rectification of procedural defects. |
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36. Inclusion of existing drainage works in a flood risk management scheme. |
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37. The carrying out of a flood risk management scheme. |
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38. Protection of fisheries. |
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39. Duties of the Commissioners in regard to public roads and bridges. |
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40. Certificate of total or partial completion. |
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41. Maintenance of flood risk management works by the Commissioners. |
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42. Powers of the Commissioners in relation to maintenance. |
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43. Execution of additional works. |
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44. Modification or relocation of watercourse, embankment or other works. |
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45. Powers of Commissioners where there is a substantial risk of flooding as a result of modification or relocation of relevant works. |
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46. The panel of property arbitrators. |
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47. General power of the Commissioners to employ contractors. |
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48. Additional powers for recovery of money payable by county councils. |
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49. Payment of certain debts out of compensation. |
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50. Restrictions on the construction or alteration of bridges. |
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51. Protection of the Commissioners from certain liabilities. |
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52. Offences and penalties. |
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53. Bye-laws. |
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54. Apportionment of land purchase annuities. |
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55. Designation orders. |
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56. Power to construct a substitute embankment. |
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57. Abandonment of an existing embankment. |
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58. Powers of the Minister. |
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59. General power of the Commissioners to delegate powers and responsibilities. |
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60. Costs of flood risk management works may be defrayed by third parties. |
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61. Arrangements with a public authority. |
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62. Arrangements with public and other bodies. |
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63. Minor operations and works. |
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SCHEDULE 1 |
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PART 1 |
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Public authorities |
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PART 2 |
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Public bodies |
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PART 3 |
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Organisations |
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SCHEDULE 2 |
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Annex I of Water Framework Directive |
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SCHEDULE 3 |
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List of Arterial Drainage Acts |
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SCHEDULE 4 |
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Components of flood risk management plans and description of the implementation of the plan |
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SCHEDULE 5 |
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Components of the subsequent update of flood risk management plans |
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S.I. No. 122 of 2010. |
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EUROPEAN COMMUNITIES (ASSESSMENT AND MANAGEMENT OF FLOOD RISKS) REGULATIONS 2010. |
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Notice of the making of this Statutory Instrument was published in |
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"Iris Oifigiúil" of 26th March, 2010. |
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The Minister for Finance, in exercise of the powers conferred on him by the European Communities Acts, 1972 to 2007, for the purpose of giving further effect to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 establishing a framework for Community action in the field of assessment and management of flood risks hereby makes the following Regulations: |
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PART 1 PRELIMINARY |
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Citation. |
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1. (1) These Regulations may be cited as the European Communities (Assessment and Management of Flood Risks) Regulations 2010. |
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Interpretation. |
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2. (1) Any reference to a Section or Schedule is a reference to a Section or Schedule of these Regulations and any reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs. |
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(2) Any reference to an Article or Annex, unless otherwise indicated, is a reference to an Article or Annex of Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks. |
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(3) Any word or expression which is used in these Regulations and is also used in the Directive has the same meaning as in the Directive except where these Regulations provide otherwise. |
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(4) In these Regulations, save where the context otherwise requires- |
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"the Act of 1945" means the section 78 of the Housing Act 1966 shall be construed as including a reference to subsections 1, 4 and 5 of that section. |
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(2) A person shall not question the validity of a Scheme Order other than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (the Order). |
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(3) An application for leave to apply for judicial review under the Order in respect of a Scheme Order or part thereof referred to in subsection (1) shall: |
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(a) be made within the period of 8 weeks commencing on the date on which the Scheme Order was made unless the Court considers that there is good and sufficient reason for extending the period within which the application shall be made, and |
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(b) be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to the Minister and the Commissioners, and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the Scheme Order is invalid or ought to be quashed, and that the applicant has a substantial interest (not limited to an interest in land or other financial interest) in the matter which is the subject of the application. |
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(4) An application for leave to apply for a judicial review under the Order against a Scheme Order shall not affect the validity of the Scheme Order and its operation unless upon an application to the High Court, that Court suspends the Scheme Order until the application is determined or withdrawn: |
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(a) the determination of the High Court of an application for leave to apply for judicial review, or of an application for judicial review, shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case, except with the leave of the High Court or Supreme Court, which leave shall only be granted where the Court certifies that the decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court, |
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(b) this subsection shall not apply to a determination of the High Court, in so far as it involves a question as to the validity of any law, having regard to the provisions of the Constitution. |
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(5) Where an application is made for judicial review in respect of part only of a Scheme Order, the High Court may, if it thinks fit, declare to be invalid or quash the part concerned or any provision thereof without declaring to be invalid or quashing the remainder of the Scheme Order or part of the Scheme Order, and if the Court does so, it may make any consequential amendments to the remainder of the Scheme Order or part of the Scheme Order that it considers appropriate. |
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(6) References in this section to the order shall be construed as including references to the order as amended or re-enacted (with or without modification) by rules of Court. |
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Compensation for certain interferences with land. |
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31. (1) Any person who suffers any loss or damage by reason of any interference (other than a compulsory acquisition or interference under these Regulations) by the Commissioners during the construction of any flood risk management works under these Regulations with any land owned or occupied by him or any easement, fishery, water-right, navigation-right, or other right belonging to him shall, subject to the provisions of these Regulations, be entitled to be paid by the Commissioners compensation in respect of such loss or damage. |
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(2) Every claim for compensation under this section: |
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(a) shall be made in writing to the Commissioners within one year after the interference to which the claim relates is begun, and |
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(b) shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Property Arbitrators whose decision, both as to the right to and the amount of such compensation, shall be final and conclusive. |
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Compensation for injury to canals, fisheries. |
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32. (1) Any person who, after the issue of a certificate of completion, suffers any loss or damage by reason of an injury (other than a compulsory acquisition, restriction, termination, of interference under these Regulations) to any canal or other navigable waterway or to any water-power or other water right or to any fishery or fishing right shall, subject to the provisions of these Regulations, be entitled to be paid by the Commissioners compensation for such injury where, but only where, such injury is caused by the operation generally of the flood risk management works to which such certificate of completion relates or by any particular mode or course of operation of such works. |
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(2) Every claim for compensation under this section shall be made in writing to the Commissioners and shall be made, in the case of an injury to a fishery or fishing right, within ten years or, in any other case, within three years after the date of the certificate of completion of the flood risk management works in relation to which the claim arises. |
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(3) Every claim duly made for compensation under this section shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Property Arbitrators whose decision, both as to the right to and the amount of such compensation, shall be final and conclusive. |
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Matters to be regarded in assessment of compensation. |
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33. (1) When assessing compensation pursuant to any of the Sections 31 and 32 the arbitrator shall in every case have regard to any benefit, including but not limited to the net present value of risk reduction, to any property (whether such property is or is not the property in respect of which such compensation is claimed) of the person claiming such compensation which is occasioned by or may reasonably be expected to arise from the carrying out of the flood risk management scheme in relation to which the compensation is claimed and, in particular, the arbitrator, shall: |
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(a) in the case of a claim in respect of a canal or other navigable waterway, have regard to any permanent benefit to the navigation of such waterway occasioned by or which may reasonably be expected to arise from the execution of the said flood risk management scheme, and |
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(b) in the case of a claim in respect of water-rights, have regard to any alternative water supply provided by the Commissioners, and |
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(c) in the case of a claim in respect of interference with water or a watercourse providing power for a mill or other industrial concern, have regard to the extent to which the power so provided was used for an industrial purpose during the ten years next preceding the date of the approval of the said flood risk management scheme by the Minister, and shall also have regard to any alternative source of power provided by the Commissioners. |
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Disposal of surplus land. |
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34. (1) As soon as conveniently may be after the issue of a certificate of completion the Commissioners shall inquire and determine whether any, and if so what lands, easements, fisheries, water-rights, navigation-rights, and other rights acquired by them under these Regulations for the purposes of the relevant flood risk management scheme are unnecessary and not required for the proper working and maintenance of the flood risk management works to which such certificate relates. |
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(2) All (if any) lands, easements, fisheries, water-rights, navigation-rights, and other rights determined by the Commissioners pursuant to the foregoing subsection of this section to be unnecessary and not required as mentioned in that subsection shall be sold or otherwise disposed of by the Commissioners for the benefit of the Exchequer in such manner as the Minister shall direct. |
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Rectification of procedural defects. |
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35. (1) Any failure by the Commissioners to adhere to the requirements of these Regulations shall not invalidate the legality or efficacy of any other action properly carried out in compliance with the provisions of these Regulations and the Commissioners may rectify any individual defect in procedure by the proper implementation of such provision, without the need to recommence any other part of the provisions of those sections. |
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Inclusion of existing drainage works in a flood risk management scheme. |
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36. (1) A flood risk management scheme may provide for the inclusion of the whole or a specified part of existing drainage works in the works proposed by such scheme to be executed and may provide for such inclusion either with or without the reconstruction or repair of such existing works. |
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(2) Where a flood risk management scheme as approved by the Minister provides for the inclusion of the whole or a specified part of existing drainage works in the works, thereby proposed to be executed, the following provisions shall have effect: |
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(a) as soon as the Commissioners have entered on the said existing drainage works for the purpose of carrying out the said flood risk management scheme, the Commissioners shall make an order declaring the date on which they first so entered on the said existing drainage works and thereupon such order shall become and be conclusive evidence for all purposes of the date on which the Commissioners first so entered on the said existing drainage works, and |
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(b) as on and from the date on which the Commissioners first enter on the said existing drainage works for the purpose of carrying out the said flood risk management scheme, the existing drainage works shall be deemed to be flood risk management works for the purposes of these Regulations and all references to flood risk management works in these Regulations shall also be taken to include any drainage works included in an order referred to in subsection (2) (a), and |
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(c) nothing in this section shall operate to relieve the county council of a county from liability (if any) for any payments to the Commissioners in repayment of any advance made under any Act or Regulation by the Commissioners for the said existing drainage works. |
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(3) Nothing in this section shall operate to relieve the county council of a county or any other body from liability (if any) for the maintenance of any embankment for which they have existing responsibility for maintenance. |
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The carrying out of a flood risk management scheme. |
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37. (1) When the Minister has made an order approving a flood risk management scheme, the Commissioners shall proceed to carry out the scheme, and for that purpose the said order shall operate to confer on the Commissioners power: |
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(a) to construct, execute, and complete the flood risk management works specified in the plan with such additions, omissions, variations, and deviations as shall be found necessary in the course of the work, |
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(b) to enter on any land and there do all such acts and things as shall be necessary for or incidental to the construction, execution, or completion of the said flood risk management works with such additions, omissions, variations, and deviations as aforesaid, |
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(c) to acquire compulsorily the several lands, easements, fisheries, water-rights, navigation-rights, and other rights proposed in the scheme to be so acquired, and, if the Commissioners think fit so to do, to enter on any such lands or exercise any of such easements, fisheries, water-rights, navigation-rights, and other rights before the conveyance or ascertainment of price of such lands, easements, fisheries, or rights, |
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(d) to interfere substantially with any land proposed in the scheme to be so interfered with including the flooding of land and, if the Commissioners so think fit, to enter on and so interfere with such land before any ascertainment of compensation in respect thereof, |
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(e) to restrict, terminate, or otherwise interfere with any easements, fisheries, water-rights, navigation-rights, or other rights proposed in the scheme to be compulsorily restricted, terminated, or interfered with, and to divert, remove, or otherwise interfere with any roads or bridges proposed in the scheme to be diverted, removed, or interfered with, and, if the Commissioners so think fit, to do any of the things aforesaid before any ascertainment of compensation in respect thereof, |
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(f) for the purpose of the due carrying out of the scheme to do all or any of the following things: |
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(i) take from any land all sods and other material required for the said purpose, |
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(ii) deposit on any land all spoil or other material produced in the course of such carrying out, |
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(iii) utilise for the said purpose all or any spoil, gravel, stone, rock, or other matter removed in the course of such carrying out, |
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(g) to do all such other acts and things as shall, in the opinion of the Commissioners, be necessary or proper for or incidental to the due carrying out of the flood risk management scheme and are not specifically provided for by these Regulations, and |
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(h) where an addition to, variation in, omission or deviation from a scheme approved by the Minister would in itself exceed the thresholds requiring the undertaking of an environmental impact assessment, or might have significant adverse effects on the environment, an environmental impact assessment shall be undertaken in respect of such addition, variation, omission or deviation in accordance with subsections 4, 5, 6,7 and 8 of Section 25 of these Regulations unless an exemption in accordance with subsection 9 of Section 25 is granted by the Minister. The environmental impact assessment shall be submitted to the Minister for approval in accordance with Section 29 of these Regulations as if it were a flood risk management scheme. |
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Protection of fisheries. |
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38. (1) It shall not be obligatory on the Commissioners, when constructing flood risk management works pursuant to a flood risk management scheme, to comply with the Fisheries Acts, 1842 to 1944. |
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(2) Notwithstanding the exemption conferred by the foregoing subsection of this section, the Commissioners shall, when constructing flood risk management works pursuant to a flood risk management scheme, take such precautions and make such provisions as the Minister for Agriculture, Fisheries and Food may consider adequate for the protection of and avoidance of injury to fisheries during or in consequence of the construction of such flood risk management works, provided that the said Minister shall, in consultation with the Commissioners, satisfy himself that taking such precautions and making such provisions will not cause substantial detriment to such flood risk management works or substantial hindrance to their construction. |
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Duties of the Commissioners in regard to public roads and bridges. |
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39. (1) Where a flood risk management scheme provides for the diversion, removal, or other interference of or with a public road or bridge the following provisions shall have effect: |
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(a) where the carrying out of the scheme involves the closing of such road or bridge to traffic, the Commissioners shall either, as they shall think proper, construct and (while such road or bridge is so closed to traffic) maintain a temporary road or bridge sufficient to carry traffic of such quantity and character as normally uses such road or bridge, or by order made with the consent of the Minister for Environment, Heritage and Local Government prescribe an alternative route to be used while such road or bridge is so closed to traffic, |
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(b) the Commissioners shall, before the completion of the carrying out of the flood risk management scheme, do whichever of the following things they shall think proper: |
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(i) restore the said road or bridge to its former condition, or |
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(ii) after consultation with the Minister for Environment, Heritage and Local Government, construct a new permanent road or bridge sufficient to carry the like amount (in quantity and character) of traffic as the said original road or bridge was able to carry and not substantially less convenient in gradient and curve than such original road or bridge, or |
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(iii) with the consent of the Minister for Environment, Heritage and Local Government, so improve (by reconstruction, strengthening, widening, or otherwise) an existing alternative road or bridge that it will be sufficient to carry the traffic which will be likely to use it and will not be substantially less convenient than the said original road or bridge, |
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(c) where the Commissioners construct a permanent new road or bridge or improve an existing alternative road or bridge and such road or bridge confers substantially greater advantages on the public of any county or urban district than the original road or bridge, whether by affording an improved means of communication or otherwise, the Commissioners shall certify the cost of such new road or bridge or of such improvement (as the case may be) and the Minister for Environment, Heritage and Local Government shall certify what part of such cost in his opinion ought reasonably to be borne by the county council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such county council as part of the expenses of the maintenance by such county council of county or urban roads (as the case may be) and shall be paid by such county council to the Commissioners, and |
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(d) if any doubt, dispute, or question shall arise as to whether the Commissioners, in the construction or maintenance of any temporary road or bridge or the restoration of an existing road or bridge or the improvement of an existing alternative road or bridge (as the case may be) pursuant to this section, have complied with the relevant provisions of this section or as to whether a permanent new road or bridge constructed by the Commissioners or an existing alternative road or bridge improved by the Commissioners (as the case may be) confers substantially greater advantages on the public of any county or urban district than the original road or bridge, such doubt, dispute, or question shall be decided by the Minister for Environment, Heritage and Local Government whose decision shall be final and conclusive. |
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(2) The Commissioners may agree with the appropriate local authority for the doing by such local authority of anything which the Commissioners are required or authorised by subsection (1) of this section to do and may further agree to make to such local authority payment for or towards the cost of the doing of such thing by such local authority. |
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(3) Nothing in this section shall operate to impose on the Commissioners any duty or responsibility in respect of the maintenance of any new permanent road or bridge constructed by them pursuant to this section or any road or bridge similarly restored or improved by them. |
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Certificate of total or partial completion. |
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40. (1) When the Minister is satisfied on the representation of the Commissioners that a portion of the flood risk management works specified in a flood risk management scheme has been completed in accordance with that scheme (with such additions, omissions, variations, and deviations as may have been found necessary in the course of the work) and that the said portion of the said flood risk management works can conveniently be regarded as a separate work for the purposes of so much of these Regulations as relates to matters subsequent to the completion of a flood risk management plan, the Minister shall, subject to the subsequent provisions of this section, cause to be issued a certificate (in these Regulations referred to as a certificate of partial completion) sealed with his official seal certifying that the said portion of the said flood risk management works has been completed as aforesaid. |
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(2) When the Minister is satisfied on the representations of the Commissioners that the whole of the flood risk management works specified in a flood risk management scheme have been completed in accordance with that scheme (with such additions, omissions, variations, and deviations as may have been found necessary in the course of the work), the Minister shall, subject to the subsequent provisions of this section, cause to be issued a certificate (in these Regulations referred to as a certificate of total completion) sealed with his official seal certifying that the whole of the said flood risk management works have been completed as aforesaid. |
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(3) In these Regulations the expression "certificate of completion" includes both a certificate of total completion and a certificate of partial completion. |
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(4) The following provisions shall apply and have effect in relation to the issue under this section of a certificate of completion: |
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(a) the Minister shall cause to be published in the Iris Oifigiúil and in such one or more newspapers circulating in the area to which the flood risk management scheme relates as he shall think proper a notice stating that the Minister proposes to issue the said certificate and that any person may, within two months after the date of the publication of such notice in the Iris Oifigiúil, send to the Minister an objection to the issue of the said certificate, |
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(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 county 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, |
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(c) the county 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 county council or such person objects to the issue of the said certificate and the grounds of such objection, |
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(d) the Minister shall consider every (if any) objection sent to him under the paragraph (c) of this subsection and shall take such steps in regard thereto as he shall think proper, and |
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(e) the said certificate shall not be issued less than two months after the date of the publication of the said notice in the Iris Oifigiúil. |
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(5) The power conferred on the county council of a county by paragraph (c) of subsection (4) of this section shall be a reserved function. |
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(6) A certificate of partial completion shall be conclusive evidence that the portion specified in such certificate of the flood risk management works specified in the flood risk management scheme, to which such certificate relates has been completed in accordance with that scheme. |
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(7) A certificate of total completion shall be conclusive evidence that the whole of the flood risk management works specified in the flood risk management scheme to which such certificate relates have been completed in accordance with that scheme. |
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(8) Where a certificate of partial completion or two or more such certificates have been issued in relation to any flood risk management works, the certificate of total completion in relation to those flood risk management works shall include and apply to the portions of those flood risk management works covered by such certificate or certificates of partial completion and thereupon such certificate or certificates of partial completion shall cease to have effect. |
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(9) Sections 19, 40 and 41 of the Arterial Drainage Act, 1945 , are hereby deleted and the Commissioners are also relieved of any obligations arising under the said sections prior to the coming into effect of these Regulations. |
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Maintenance of flood risk management works by the Commissioners. |
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41. (1) Whenever a certificate of completion has been issued, the following provisions shall apply and have effect in relation to the maintenance of (as the case may be) the flood risk management works stated in such certificate to have been completed or the existing drainage works to which such order relates (but in the latter case so long only as such existing drainage works are maintainable by the Commissioners by virtue of such order): |
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(a) the Commissioners shall maintain the said flood risk management works or existing drainage works (as the case may be) in proper repair and effective condition but, in the case of any such existing drainage works, it shall not be obligatory on the Commissioners to maintain such works in a better condition or state of repair than they were in on the date of the maintenance transfer order, and |
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(b) in any proceedings against the Commissioners for damages or for relief in the nature of mandamus on account of the alleged inadequate maintenance by the Commissioners of any such flood risk management works or existing drainage works, a certificate sealed with the seal of the Commissioners and stating that the Commissioners have caused the said flood risk management works or existing drainage works to be inspected and are satisfied that the said flood risk management works or existing drainage works were, at the date of such inspection, in a condition and state of repair at least as good as on the date of the relevant certificate of completion shall be conclusive and irrefutable evidence that the said existing drainage works were in a condition and state of repair at the date of such inspection at least as good as on the date of the said certificate of completion. |
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Powers of the Commissioners in relation to maintenance. |
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42. (1) For the purpose of the maintenance by the Commissioners of any flood risk management works (including existing drainage works) pursuant to these Regulations, it shall be lawful for the Commissioners to do all or any of the following things: |
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(a) enter on any land and there do all such things as shall be necessary for or incidental to such maintenance, |
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(b) take from any land all sods and other material required for the purpose of such maintenance, |
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(c) deposit on any land all spoil and other material produced in the course of such maintenance, |
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(d) utilise for the purpose of such maintenance all or any spoil, gravel, stone, rock, or other material removed in the course of such maintenance, and |
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(e) do all such other acts and things as shall, in the opinion of the Commissioners, be necessary or proper for the efficient carrying out of such maintenance. |
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(2) In addition and without prejudice to the general powers conferred on the Commissioners by the foregoing subsection of this section, it shall be lawful, for the purpose of the maintenance by them of any flood risk management works pursuant to these Regulations, to execute such improvements to such flood risk management works as appear to them to be minor matters properly capable of being regarded as maintenance. |
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(3) Any minor improvements effected by the Commissioners under subsection (2) of this section shall be regarded for the purposes of these Regulations as maintenance and the cost thereof shall be defrayed accordingly. |
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Execution of additional works. |
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43. (1) At any time after a certificate of completion has been issued by the Minister under these Regulations, it shall be lawful for the Minister by order made on the application of the Commissioners, subject to the relevant provisions of these Regulations, to empower the Commissioners to do all or any of the following things: |
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(a) to execute such further flood risk management works (by way of addition to or improvement of the flood risk management works mentioned in such certificate of completion) as may appear to the Commissioners to be necessary for the efficient working of the said flood risk management works mentioned in the said certificate, |
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(b) compulsorily to acquire any specified lands, and |
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(c) compulsorily to acquire, abolish or interfere with any weirs, sluices, easements, fisheries, water-rights, navigation-rights, or other rights. |
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(2) An order made by the Minister under this section may incorporate and apply such of the provisions of these Regulations as shall appear to him to be necessary or appropriate. |
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Modification or relocation of watercourse, embankment or other works. |
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44. (1) In this section "relevant works" means a watercourse, embankment or other works that has or have been completed pursuant to a flood risk management scheme. |
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(2) It shall be lawful for the Commissioners to give their consent to the modification, relocation or the alteration in any other manner by a person of relevant works where they are of opinion that such modification, relocation or alteration is not likely to result in the flooding of any lands or the drainage of any lands being adversely affected. |
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(3) For the purposes of this section: |
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(a) if relevant works are modified, relocated or altered in any other manner by a person with, or without, the consent of the Commissioners, the Commissioners may, as they consider appropriate in the circumstances: |
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(i) reinstate those works to their condition before such modification, relocation or alteration was carried out, or |
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(ii) maintain those works as so modified, relocated or altered. |
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(b) the provisions of these Regulations conferring powers on the Commissioners for the purposes of the maintenance by them of any relevant works shall apply and have effect for the purposes of the maintenance by them of relevant works under paragraph (a) above. |
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(4) The costs incurred by the Commissioners in reinstating relevant works under paragraph (a)(i) of subsection (3) shall, where the modification, relocation or alteration of the works had been carried out without their consent, be borne by the person who carried out the modification, relocation or alteration and, in default of payment by him or her of those costs, may be recovered by the Commissioners from him or her as a simple contract debt in any Court of competent jurisdiction. |
||
(5) In proceedings to recover costs referred to in subsection (4), it shall be presumed until the contrary is proved that the owner of the land through which the watercourse concerned passed or, as the case may be, on which the embankment or other works concerned was or were located immediately before the modification, relocation or alteration concerned was carried out was the person who carried out that modification, relocation or alteration. |
||
Powers of Commissioners where there is a substantial risk of flooding as a result of modification or relocation of relevant works. |
||
45. (1) If relevant works are modified, relocated or altered in any other manner by a person without the consent of the Commissioners it shall be lawful for the Commissioners, if they are of opinion that there is a substantial and imminent risk of flooding or other injurious consequence arising as a result of such modification, relocation or alteration, to take such steps and carry out such works as they consider necessary to prevent such flooding or other injurious consequence and, without prejudice to the generality of the foregoing, the Commissioners may enter on any land and do all things thereon as they consider necessary for the said purpose. |
||
(2) For the purposes of this section: |
||
(a) subject to paragraph (b), the Commissioners shall not enter on any land pursuant to subsection (1) without giving at least 24 hours previous notice of their intention to do so to any owner or occupier of the land whose identity and whereabouts can be ascertained by the Commissioners by the taking of reasonable steps, |
||
(b) this subsection shall not apply in any case where the Commissioners are of opinion that, by reason of the particular circumstances of the case, it is necessary to enter immediately on the land concerned. |
||
(3) Where a person (not being a person who carried out the modification, relocation or alteration of the relevant works concerned) suffers loss or damage in consequence of the exercise by the Commissioners of a power conferred on them by this section, the Commissioners shall pay to the person compensation in respect of the loss or damage. |
||
(4) In this section "relevant works" has the same meaning as in Section 44. |
||
The Panel of Property Arbitrators. |
||
46. (1) The Reference Committee shall from time to time at the request of the Minister appoint such number as the Minister shall specify of persons to be members of a panel to be known and in these Regulations referred to as the Panel of Property Arbitrators. |
||
(2) The following provisions shall apply and have effect in relation to the members of the Panel of Property Arbitrators (in this and the next following subsection referred to as the Panel): |
||
(a) every member of the Panel shall (subject to the subsequent provisions of this section) hold his membership for a term of five years certain from the date of his appointment or latest re-appointment to the Panel, |
||
(b) a member of the Panel whose term of membership expires by effluxion of time and who has not attained the retiring age may be re-appointed, |
||
(c) a member of the Panel may at any time resign his/her membership thereof by letter to the Reference Committee, |
||
(d) the Reference Committee may, on their own motion or on the application of the Minister, remove from the Panel any member thereof who has in their opinion been guilty of conduct which renders him unfit to be a member of the Panel, but no member of the Panel shall be removed under this paragraph without being given an opportunity of being heard by the Reference Committee in his own defence, |
||
(e) every member of the Panel shall be obliged (unless excused by the Reference Committee) to serve as arbitrator at any arbitration for the purposes of these Regulations in respect of which he is nominated as arbitrator by the Reference Committee, |
||
(f) a member of the Panel shall, in respect of every arbitration or series of arbitrations for the purposes of these Regulations at which he acts as arbitrator, be entitled to be paid by the Commissioners such remuneration or fees and such travelling and subsistence allowances as the Minister shall determine, and |
||
(g) a member of the Panel shall not be precluded by his membership of the Panel from engaging in private practice or business. |
||
(3) The Reference Committee shall, with the consent of the Minister, fix such age (not exceeding seventy years) as they shall think proper to be the retiring age for members of the Panel. and: |
||
(a) no person who has attained such retiring age shall be appointed to be a member of the Panel, and |
||
(b) a member of the Panel who attains such retiring age during his membership shall (save as provided by the next following paragraph of this subsection) forthwith cease to be a member of the Panel and shall be ineligible for re-appointment, and |
||
(c) a member of the Panel who attains such retiring age while engaged on an arbitration under these Regulations, shall retain his membership of the Panel for the purpose of completing such arbitration but for no other purpose. |
||
General power of the Commissioners to employ contractors. |
||
47. (1) Subject to Section 63(1), whenever the Commissioners are authorised by or under these Regulations to execute any flood risk management or other engineering or building works, they may, in lieu of executing such works themselves by their own officers and servants, contract (with the sanction of the Minister) with any person for the execution of the whole or part of such works by such person and may for that purpose enter (with the sanction aforesaid) into such contracts and agreements as may be requisite. |
||
(2) Whenever the Commissioners contract under this section with any person for the execution by him of any works, they may, by any contract or agreement with such person, delegate to him such of the powers and duties conferred or imposed on the Commissioners by or under these Regulations as shall be specified in such contract or agreement, and thereupon such person shall have (concurrently with the Commissioners) the right to exercise the powers and the obligation to perform the duties so specified so far as and no further than is necessary for the execution of the said works by him. |
||
Additional powers for recovery of money payable by county councils. |
||
48. (1) Whenever any money is payable under these Regulations to the Commissioners by the county council of a county and such county council fails so to pay such money or some part thereof at the time at which the same is payable under these Regulations, such money or such part thereof (as the case may be) may, without prejudice to any other mode of recovery provided by these Regulations, be deducted from any money payable to such county council by any Minister of State for any purpose whatsoever. |
||
(2) The amount of every deduction made under this section shall be paid to the Commissioners and shall be applied by them in discharge of the money because of the non-payment of which such deduction was made. |
||
Payment of certain debts out of compensation. |
||
49. (1) Where compensation is payable under these Regulations by the Commissioners to a person and any money is due and owing by such person to a Minister of State, the Revenue Commissioners, the Irish Land Commission, or the Commissioners, it shall be lawful for the Commissioners to pay and discharge out of such compensation the money so due and owing by such person and to pay to him only the balance (if any) of such compensation remaining after such payment and discharge. |
||
Restrictions on the construction or alteration of bridges. |
||
50. (1) No person, including a body corporate, shall construct any new bridge or alter, reconstruct, or restore any existing bridge over any watercourse without the consent of the Commissioners or otherwise than in accordance with plans previously approved of by the Commissioners. |
||
(2) If any person shall construct or begin to construct or partially construct a new bridge in contravention of this section, the Commissioners may serve by post on such person a notice requiring him: |
||
(a) if such bridge has not been completely constructed, to desist forthwith from the construction thereof, |
||
(b) in any case, to remove, within a time specified in that behalf in such notice, such bridge or so much thereof as shall have been constructed. |
||
(3) If any person shall alter, reconstruct, or restore an existing bridge in contravention of this section or shall begin so to do or shall partially so do, the Commissioners may serve by post on such person a notice requiring him: |
||
(a) if such alteration, reconstruction, or restoration has not been completed, to desist forthwith therefrom, or |
||
(b) in any case, to remove, within a time specified in that behalf in such notice, all work done on such bridge, or |
||
(c) in any case, within a time specified in that behalf in such notice, to restore such bridge to its original condition. |
||
(4) If any person on whom a notice has been served by the Commissioners under the foregoing provisions of this section fails to comply with such notice, the following provisions shall apply and have effect: |
||
(a) such person shall be guilty of an offence under this section and shall be liable on conviction thereof to the penalties set out in Section 52(3) of these Regulations, |
||
(b) it shall be lawful for the Commissioners (whether such person has or has not been prosecuted under the foregoing paragraph of this subsection) to enter upon and remove all work done in contravention of this section and to recover from such person in any court of competent jurisdiction as a simple contract debt the expenses (as certified by the Commissioners) incurred by the Commissioners in effecting such removal. |
||
(5) Any person who claims that the Commissioners have unreasonably refused their approval of plans submitted by him for the construction of a new bridge or the alteration, reconstruction, or restoration of an existing bridge may, by notice in writing to the Commissioners, require such claim to be referred under this subsection and thereupon: |
||
(a) if such person is a local authority, such claim shall be referred to the Minister for Environment, Heritage and Local Government, whose decision thereon shall be final, or |
||
(b) in any other case, such claim shall be referred to an arbitrator appointed by the Reference Committee from the Panel of Property Arbitrators whose decision thereon shall be final and conclusive. |
||
(6) In this section, the word "bridge" includes a culvert or other like structure. |
||
Protection of the Commissioners from certain liabilities. |
||
51. (1) Nothing contained in these Regulations nor anything done by the Commissioners thereunder nor any direction or instruction given by the Commissioners under these Regulations nor anything done under any such instruction or direction shall operate to relieve the owner of a weir, sluice, dam, or other work connected with a mill or factory from any responsibility, however imposed or arising, for the maintenance of or otherwise relating to such work or operate to transfer any such responsibility from such owner to the Commissioners. |
||
(2) Nothing contained in these Regulations nor anything done by the Commissioners thereunder shall operate to render the Commissioners liable (save where it is proved that their officers, servants, or agents have been guilty of carelessness or neglect) for any loss or damage which may happen to any land or other property, including but not limited to, any loss or damage through or by the overflowing of any river, stream, or watercourse or through or by the sudden breaking of any bank, dam, weir, sluice, or other work constructed by the Commissioners under these Regulations or for the maintenance of which they are responsible under these Regulations. |
||
Offences and penalties. |
||
52. (1) Every person and or body who shall do any of the following things shall be guilty of an offence under this section: |
||
(a) fail to comply with a requirement of these Regulations, or |
||
(b) wilfully obstruct the Commissioners or any of their officers, agents, or servants in the exercise of any of the powers or the performance of any of the duties conferred or imposed on the Commissioners to any of their officers, agents, or servants by or under these Regulations, or |
||
(c) pull down, remove, or injure any works constructed or in course of construction by the Commissioners under these Regulations or transferred to the Commissioners by or under these Regulations, or any materials, equipment or property of the Commissioners, or |
||
(d) remove, injure, or deface any poles, pegs, marks, or other similar things erected, placed, or made by the Commissioners or any of their officers, agents, or servants for the purpose or in the course of the exercise of any of the powers or the performance of any of the duties conferred or imposed on the Commissioners or any of their officers, agents, or servants by or under these Regulations, or |
||
(e) throw or put any weeds or any stones, soil or other solid matter or cause or permit any weeds or any such solid matter to fall or pass into any watercourse in respect of which any works have been constructed by or transferred to the Commissioners or are about to be or are being constructed under these Regulations so as to cause obstruction, hindrance, or delay in the construction or operation of such works, or |
||
(f) without the consent of the Commissioners, place or erect any dam, weir, or other obstruction in any watercourse in respect of which any works have been constructed by or transferred to the Commissioners or are about to be or are being constructed under these Regulations, or |
||
(g) obstruct the flow of water to, through, or from any flood risk management works constructed by or transferred to the Commissioners by or under these Regulations so as to prevent or hinder the efficient operation of such works or to cause flooding of such works or of any land drained thereby, or |
||
(h) do any act which interferes with the efficient working or effectiveness of any hydrometric gauge, or |
||
(i) remove or carry out any adjustment to a flood risk management or drainage embankment, or |
||
(j) cease, adjust or change the maintenance of a flood risk management or drainage embankment, or |
||
(k) remove or carry out any adjustment to a flood risk management asset which is listed in a flood risk asset register of the Commissioners or a county council, or is included in a flood risk management plan or flood risk management scheme, or |
||
(l) fail to maintain to its current level of maintenance a flood risk management asset, which is listed in a flood risk asset register of the Commissioners or a county council, or is included in a flood risk management plan or flood risk management scheme. |
||
(2) In this section, the word "Commissioners" includes contractors employed by the Commissioners under Section 47 of these Regulations and public authorities appointed by the Commissioners under Section 59 of these Regulations and the word "Regulations" includes the Directive or order made under these Regulations or by a bye-law made under these Regulations. |
||
(3) A person, public body, public authority, body corporate or unincorporated body guilty of an offence is liable: |
||
(a) on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both, together with, in the case of a continuing offence, a further fine not exceeding €1,000 for every day during which the offence is continued or maintained, or |
||
(b) on conviction on indictment to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both. |
||
(4) Where an offence under these Regulations has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other similar officer of the body corporate, or of a person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if that person was guilty of the first-mentioned offence. |
||
(5) Where the affairs of a body corporate or unincorporated body are managed by its members, this section shall apply to the acts and defaults of a member in connection with that member's functions of management as if that member was a director or manager of the body. |
||
(6) A prosecution for an offence under these Regulations may be taken by a Minister of the Government or the Commissioners. |
||
Bye-laws. |
||
53. (1) In this section the expression "flood risk management works" shall be construed and have effect as including an existing embankment the control and management of which is for the time being vested in the Commissioners by virtue of a designation order under these Regulations. |
||
(2) The Commissioners may make such bye-laws as they shall consider necessary or expedient for securing the protection and efficient functioning of flood risk management works constructed or in course of construction by them under these Regulations or the control and management of which is transferred to them by or under these Regulations and, in particular and without prejudice to the generality of the foregoing power, the Commissioners may make bye-laws for all or any of the following purposes: |
||
(a) regulating generally the management and operation of the flood risk management works to which the bye-laws apply, |
||
(b) regulating and controlling the use and preventing the improper use of or damage to watercourses, banks, and other works comprised in or forming part of such flood risk management works, |
||
(c) regulating the opening, closing, and working of sluices, hatches, flood gates, pumps, and other machinery comprised in or forming part of such flood risk management works, |
||
(d) prohibiting any such obstruction or pollution of or any such putting of solid matter into a watercourse flowing to, through, or from such flood risk management works as prevents or hinders or is likely to prevent or hinder the efficient operation of such flood risk management works or causes or is likely to cause flooding of land drained or protected by such flood risk management works, |
||
(e) prohibiting the doing of any injury or damage to such flood risk management works, |
||
(f) prohibiting any interference with such flood risk management works by unauthorised persons, and |
||
(g) compelling persons liable to maintain a watercourse to keep such watercourse cleaned and scoured. |
||
(3) The Commissioners may make such bye-laws as they shall consider necessary or expedient for defining the criteria to be used in areas of potential significant flood risks referred to in Section 10. |
||
(4) Bye-laws made under this section may relate and be made applicable to all flood risk management works for the time being constructed or in the course of construction by the Commissioners under these Regulations or existing drainage works which form part of a flood risk management scheme or have been designated as flood risk management works by order under these Regulations or may relate and be made applicable only to one or more particular such aforementioned works. |
||
(5) No bye-law made under this section shall be of any force or effect unless or until it has been approved by the Minister. |
||
(6) Where the Minister confirms a bye-law made under this section, notice of such approval shall be published in the Iris Oifigiúil and in one or more newspapers circulating in the district in which the flood risk management works to which the bye-law relates are situate. |
||
(7) The Minister may by order, whenever he so thinks proper, amend or revoke any bye-law made by the Commissioners under this section notwithstanding that such bye-law has been confirmed by him. |
||
(8) A document purporting to be a copy of a bye-law made under this section and having endorsed on it a certificate purporting to be sealed with the seal of the Commissioners declaring it to be a true copy of such bye-law shall be received in evidence in any proceedings (whether civil or criminal) in any Court as conclusive evidence of the contents of such bye-law and that it was duly made and approved of in accordance with this section and is in force. |
||
Apportionment of land purchase annuities. |
||
54. (1) Whenever land acquired by the Commissioners under these Regulations is subject, in conjunction with other land, to a land purchase annuity or other annual payment payable to the Irish Land Commission or to the Commissioners, the Irish Land Commission or the Commissioners (as the case may be) may apportion such annuity or annual payment in such manner as they consider proper between the land so acquired and such other land or may charge the whole of such annuity or annual payment on any part of the land subject thereto in exoneration of the residue of such land. |
||
Designation Orders. |
||
55. (1) Where it appears appropriate the Minister may, by order (in these Regulations referred to as a Designation Order) made on the application of the Commissioners, designate an existing drainage scheme, which is vested in the Commissioners, as a flood risk management scheme under these Regulations and the Minister may also make an order under these Regulations abolishing the drainage district containing the drainage scheme and its works. |
||
(2) Whenever the Minister makes a Designation Order the responsibility for the maintenance of the designated flood risk management works shall be in accordance with Section 41(1)(a) and (b) as and from the date of such order. |
||
Power to construct a substitute embankment. |
||
56. (1) Whenever the Commissioners are satisfied, in regard to an existing embankment in respect of which duties of repair and maintenance are imposed on them by virtue of a Designation Order, that the construction of a new embankment on another site is necessary (in addition to or in substitution for such existing embankment) for the proper protection of the land or part of the land served by such existing embankment, it shall be lawful for the Commissioners to construct such new embankment on such site and according to such plans as they shall, consider suitable. |
||
(2) For the purpose of the construction of a new embankment under the foregoing subsection of this section, the Commissioners shall have power: |
||
(a) to enter on the proposed site of such new embankment and there construct such an embankment and do all such things as shall, in their opinion, be necessary for or incidental to such construction, |
||
(b) to enter on any other land and there do such things as shall, in their opinion, be necessary for the purposes of the construction of such new embankment and, in particular, to take soil and other materials from such land, and |
||
(c) to pay compensation for damage, whether permanent or temporary, to land occasioned by the exercise by the Commissioners of any of the powers conferred on them by the foregoing provisions of this subsection. |
||
(3) All claims for compensation payable by the Commissioners under subsection (2) of this section shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Property Arbitrators, and the decision of such arbitrator (both as to the right to and the amount of such compensation) shall be final and conclusive. |
||
(4) In determining, under the subsection (3) of this section, the right to or the amount of such compensation as is mentioned in that subsection, the arbitrator shall have regard to the benefit (if any) conferred on the claimant for such compensation or on his land by the construction of such new embankment. |
||
(5) Where a new embankment is constructed by the Commissioners under this section in addition to or in substitution for an existing embankment, the powers and duties conferred or imposed on the Commissioners by or under these Regulations in relation to the maintenance of such existing embankment shall apply and extend to such new embankment. |
||
Abandonment of an existing embankment. |
||
57. (1) The Minister may by order (in these Regulations referred to as an Abandonment Order) whenever he thinks proper so to do on the application of the Commissioners, authorise the abandonment of the whole or any specified part of an existing embankment in relation to which duties of repair and maintenance are imposed on the Commissioners under these Regulations or under any Act listed in the Third Schedule. |
||
(2) An Abandonment Order shall operate to authorise the Commissioners to abandon the existing embankment or the part of an existing embankment to which such order relates and to relieve and discharge the Commissioners, as from the date of such order, of and from the duties of repair and maintenance imposed on them by virtue of the relevant transfer order. |
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(3) Every person who suffers loss or damage by reason of the flooding of land owned or occupied by him shall, where such flooding is due directly to the abandonment of an existing embankment pursuant to an Abandonment Order, be entitled to be paid by the Commissioners compensation in respect of such loss or damage. |
||
(4) Every claim for compensation under this section: |
||
(a) shall be made in writing to the Commissioners within one year after the loss or damage to which the claim relates is first suffered, and |
||
(b) shall, in default of agreement, be heard and determined by an arbitrator nominated by the Reference Committee from the Panel of Property Arbitrators whose decision, both as to the right to and the amount of such compensation, shall be final and conclusive. |
||
(5) Compensation payable under this section in respect of the flooding of land (in this subsection referred to as flooded land) which is subject, either alone or in conjunction with other land, to a Land Purchase Annuity or other annual payment (not being merely rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners shall be applied by the Commissioners in or towards the redemption of so much (whether the whole or a part) of such annuity or annual payment as is charged on or apportioned to the flooded land exclusively, and only the surplus (if any) of such compensation remaining after such redemption shall be paid to the owner or occupier of the flooded land. |
||
Powers of the Minister. |
||
58. (1) For the purposes of assessment and management of flood risk and giving further effect to the provisions and requirements of these Regulations and the Directive the Minister shall have power to make an Order: |
||
(a) requiring operators of flow and level gauges to maintain and operate these gauges where they have existing general responsibility for such work, |
||
(b) requiring local authorities to consider the need for flood risks gauges and the need to protect existing flood risk gauge sites when drawing up development plans, |
||
(c) conferring on the Commissioners such additional functions and powers as he considers appropriate for the purposes of assessment and management of flood risk, |
||
(d) designating channels to be maintained or undesignating all or part of a channel including those designated under other legislation, |
||
(e) making such provision as he considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Commissioners of functions relating to the assessment and management of flood risk, |
||
(f) making, amending or revoking an Order under these Regulations, |
||
(g) transferring or granting, with the agreement of the Minister for Environment, Heritage and Local Government, responsibilities and powers of the Commissioners under the Arterial Drainage Act 1945 Act to the Minister for Environment, Heritage and Local Government for operation under the Planning Acts, |
||
(h) amending or repealing any provision of the Act of 1945 for the purposes of improving the assessment and management of flood risk or where the matters is also dealt with in these Regulations. |
||
(2) The Minister may provide such assistance, including financial assistance, to the relevant public authorities as the Minister considers appropriate in relation to the discharge of their functions under these Regulations. |
||
General power of the Commissioners to delegate powers and responsibilities. |
||
59. (1) Whenever the Commissioners are authorised by or under these Regulations to undertake prepare or establish, review or update preliminary flood risk assessments, the flood hazard maps, the flood risk maps and flood risk management plans referred to in Sections 7, 11 and 15 or execute any flood risk management or other engineering or building works, they may, in lieu of executing such operations and works themselves by their own officers and servants, appoint (with the sanction of the Minister) any public authority listed in the First Schedule for the execution of the whole or part of such operations and works by such public authorities and may for that purpose enter (with the sanction aforesaid) into such arrangements and agreements as may be requisite. |
||
(2) Whenever the Commissioners enter into arrangements and agreements under this section with any public authority for the execution by such public authority of any such operations as are listed in subsection (1) of this section, the Commissioners may, by any arrangement or agreement with such public authority, delegate to it such of the powers and duties conferred or imposed on the Commissioners by or under these Regulations as shall be specified in such arrangement or agreement, and thereupon such public authorities shall have (concurrently with the Commissioners) the right to exercise the powers and the obligation to perform the duties so specified so far as and no further than is necessary for the execution of the said operations or works by it. |
||
Costs of flood risk management works may be defrayed by third parties. |
||
60. (1) The Commissioners may enter into an agreement with one or more other persons (including a local authority or authorities) whereby that other person or persons agrees or agree, to defray, in whole or in part, the costs incurred by the Commissioners in executing or maintaining specified flood risk management works. |
||
Arrangements with a public authority. |
||
61. (1) The Commissioners may, with the sanction of the Minister, enter into arrangements with a public authority regarding financing of flood risk management measures being carried out under the powers of that said public authority, including co-financing with public and private bodies. |
||
Arrangements with public and other bodies. |
||
62. (1) The Commissioners may, with the sanction of the Minister, enter into arrangements with any body including public authorities and commercial companies for the financing, including financing in part, of schemes of measures with the aim of managing flood risks. |
||
Minor operations and works. |
||
63. (1) The Commissioners may make such bye-laws as they shall consider necessary or expedient for defining minor operations and works to be carried out under these Regulations and also the sections, subsections and paragraphs of these Regulations which shall not apply to these said minor operations and works on grounds of economic efficiency and ensuring value for money. |
||
FIRST SCHEDULE PART 1 |
||
Public authorities |
||
1. All Government Departments and Offices. |
||
2. All Local Authorities. |
||
3. All Semi-State Bodies. |
||
4. All Competent Authorities under the Water Framework Directive. |
||
PART 2 |
||
Public bodies |
||
1. All Local Authorities. |
||
2. The Commissioners of Public Works in Ireland. |
||
3. Electricity Supply Board. |
||
4. Waterways Ireland. |
||
PART 3 |
||
Organisations |
||
1. All Government Departments and Offices. |
||
2. All Local Authorities. |
||
3. Environmental Protection Agency. |
||
4. Electricity Supply Board. |
||
5. Waterways Ireland. |
||
6. Marine Institute. |
||
7. Met Éireann. |
||
8. Geological Survey of Ireland. |
||
SECOND SCHEDULE Annex 1 of Water Framework Directive |
||
Information Required for the List of Competent Authorities |
||
As required under Article 3(8) of the Water Framework Directive, the Member States shall provide the following information on all Competent Authorities within each of its river basin districts as well as the portion of any international river basin district lying within their territory. |
||
(i) Name and address of the Competent Authority - the official name and address of the authority identified under Article 3(2) of the Water Framework Directive. |
||
(ii) Geographical coverage of the river basin district - the names of the main rivers within the river basin district together with a precise description of the boundaries of the river basin district. This information should as far as possible be available for introduction into a geographic information system (GIS) and/or the geographic information system of the Commission (GISCO). |
||
(iii) Legal status of Competent Authority - a description of the legal status of the Competent Authority and, where relevant, a summary or copy of its statute, founding treaty or equivalent legal document. |
||
(iv) Responsibilities - a description of the legal and administrative responsibilities of each Competent Authority and of its role within each river basin district. |
||
(v) Membership - where the Competent Authority acts as a co-ordinating body for other Competent Authorities, a list is required of these bodies together with a summary of the institutional relationships established in order to ensure co-ordination. |
||
(vi) International relationships - where a river basin district covers the territory of more than one Member State or includes the territory of non-Member States, a summary is required of the institutional relationships established in order to ensure co-ordination. |
||
THIRD SCHEDULE List of Arterial Drainage Acts |
||
The Arterial Drainage Acts 1945 to 1995. |
||
The Drainage and Navigation (Ireland) Acts, 1842 to 1857. |
||
The Drainage and Improvement of Lands (Ireland) Acts, 1863 to 1892. |
||
The Arterial Drainage Acts, 1925 and 1929. |
||
FOURTH SCHEDULE Components of flood risk management plans and description of the implementation of the plans: |
||
A. Flood risk management plans |
||
I. Components of the first flood risk management plans: |
||
1. The conclusions of the preliminary flood risk assessment as required in Chapter II of the Directive in the form of a summary map of the river basin district, or the unit of management referred to in Section 4(2)(a), delineating the areas identified under Section 10(1) which are the subject of this flood risk management plan; |
||
2. Flood hazard maps and flood risk maps as prepared under Section 11, or already in place in accordance with Section 11(9), and the conclusions that can be drawn from those maps; |
||
3. A description of the appropriate objectives of flood risk management, established in accordance with Section 15(2); |
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4. A summary of the measures and their prioritisation aiming to achieve the appropriate objectives of flood risk management, including the measures taken in accordance with Section 15, and flood related measures taken under other Community Acts, including Council Directives 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment and 96/82/EC of 9 December 1996 on the control of major accident hazards involving dangerous substances, Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment and the Water Framework Directive; |
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5. When available, for shared river basins or sub-basins, a description of the methodology, defined by the Member States concerned, of cost-benefit analysis used to assess measures with transnational effects. |
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II. Description of the implementation of the plan: |
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1. A description of the prioritisation and the way in which progress in implementing the plan will be monitored; |
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2. A summary of the public information and consultation measures/actions taken; |
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3. A list of Competent Authorities and, as appropriate, a description of the co-ordination process within any international river basin district and of the co-ordination process with the Water Framework Directive. |
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FIFTH SCHEDULE Components of the subsequent update of flood risk management plans |
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1. Any changes or updates since the publication of the previous version of the flood risk management plan, including a summary of the reviews carried out in compliance with Section 15(9); |
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2. An assessment of the progress made towards the achievement of the objectives referred to in Section 15(2); |
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3. A description of, and an explanation for, any measures foreseen in the earlier version of the flood risk management plan which were planned to be undertaken and have not been taken forward; |
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4. A description of any additional measures since the publication of the previous version of the flood risk management plan. |
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GIVEN under the Official Seal of the Minister for Finance, |
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15 March 2010. |
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BRIAN LENIHAN, |
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Minister for Finance. |
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EXPLANATORY NOTE |
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(This note is not part of the Instrument and does not purport to be a legal interpretation.) |
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These Regulations provide for the transposition into Irish national law of the provisions of EU Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 establishing a framework for community action in the field of assessment and management of flood risks. For this purpose the Regulations, inter alia: |
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-¢provide for appointment of the Commissioners of Public Works in Ireland as Competent Authority under the Directive, |
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-¢require all public authorities and other organisations to take measures appropriate to their functions to promote or achieve implementation of the Directive and these Regulations, |
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-¢set out a system to facilitate and encourage the active involvement of all interested parties in the process of implementing the Directive and these Regulations, |
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-¢sets out a process for implementing flood risk management plans prepared under the Directive and these Regulations. |