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3 1948

LOCAL GOVERNMENT (SANITARY SERVICES) ACT, 1948

PART II.

Drainage.

Definitions for Part II.

10. —In this Part of this Act—

the expression “combined drain” means a single private drain used for the drainage of two or more separate premises;

the expression “drainage order” means an order under section 12 of this Act which is in force;

the expression “drainage works” includes the provision, construction, laying down, repair or improvement of any of the following things:

(a) drains, soil pipes and waterpipes,

(b) connections with drains and sewers,

(c) ventilating shafts and manholes,

(d) septic tanks and cesspools,

(e) water closets and sinks,

(f) any other constructions, works, pipes or appliances required for the proper and efficient drainage of premises;

the expression “provisional drainage order” means an order under section 12 of this Act which is not for the time being in force;

the expression “separate drain” means a drain used for the drainage of the whole or part of one separate premises only;

the expression “separate premises” means a separate building with its curtilage (if any) or a separate plot of ground not being the curtilage of any buildings.

Combined drains.

11. —(1) A combined drain shall, for the purposes of the Acts, be deemed to be a drain and not to be a sewer.

(2) Every combined drain which was, immediately before the commencement of this Part of this Act, vested in a sanitary authority by virtue of section 15 of the Act of 1878 shall, on such commencement, cease to be so vested.

(3) Nothing in subsection (2) of this section shall be construed as entitling any person to terminate, prevent, or interfere with the drainage by means of a combined drain of any land or premises drained immediately before the commencement of this Part of this Act by that drain.

Provisional drainage order.

12. —(1) Where any separate premises in a sanitary district appear to the sanitary authority of that district not to be drained in a satisfactory manner, the authority may, subject to the provisions of this section, by order require the execution, within a specified period after the coming into force of the order, of any specified drainage works which, in the opinion of the authority, are necessary in order to provide such premises with a satisfactory drainage system.

(2) Where two or more separate premises in a sanitary district appear to the sanitary authority of that district not to be drained in a satisfactory manner and the authority are of opinion that such premises can be drained more economically or advantageously in combination rather than separately, the authority may, subject to the provisions of this section, by order require the execution, within a specified period after the coming into force of the order, of any specified drainage works which, in the opinion of the authority, are necessary in order to provide such premises with a satisfactory combined drainage system.

(3) In considering for the purposes of this section whether the drainage of any premises is satisfactory or what drainage works are necessary in order to provide any premises with satisfactory drainage, a sanitary authority shall, in particular, have regard to the character of the area in which the premises are situate, the situation and nature of the sewerage system (if any) in that area and the purposes for which the premises are used.

(4) An order under subsection (2) of this section shall state the separate premises for the drainage of which each portion of the drainage works specified in the order is required.

(5) An order under this section, in lieu of specifying a time for the completion of the whole of the drainage works required thereby, may divide those works into two or more parts or stages and specify a time for the completion of each part or stage.

(6) An order under this section shall specify separately any portion of the drainage works required thereby which is to be executed under section 15 of this Act by the sanitary authority making the order.

(7) An order under this section shall not provide for the drainage of any separate premises by means of an existing drain which is the property of a person not the owner of such premises unless either that person has consented to such provision or he is under an obligation enforceable at law to allow the drainage of such premises by means of such drain.

(8) Copies of an order under this section shall, within seven days after the day on which the order is made, be served on the owner and on the occupier of every premises to which the order relates and on any other person who is the owner or occupier of land on which any drainage works are to be executed under the order.

Objection to provisional drainage order.

13. —(1) The owner or occupier of any separate premises to which a provisional drainage order relates or any other person who is the owner or occupier of land on which any drainage works are to be executed under the order may object to the order by giving notice in that behalf to the Minister within thirty days after the day on which the order was made and the notice shall be in writing and shall contain a statement of the grounds of such objection.

(2) Where a notice of objection to a provisional drainage order is given under this section, the Minister, after consideration of the objection and after consultation with the sanitary authority who made the order, shall either—

(a) confirm the order without amendment or with such amendments as he thinks proper, or

(b) annul the order.

Coming into force of provisional drainage order.

14. —(1) Where no objection is made under section 13 of this Act to a provisional drainage order, the order shall come into force thirty-seven days after the day on which the order was made.

(2) Where a provisional drainage order is confirmed without amendment on an objection under section 13 of this Act, the order shall come into force on the date on which it is confirmed.

(3) Where a provisional drainage order is confirmed with amendments on an objection under section 13 of this Act, the order as so amended shall come into force on the date on which it is confirmed.

Portion of drainage works to be executed by sanitary authority.

15. —(1) In this section the word “system” means a system of drains for the connection of any separate premises with a sewer, combined drain, cesspool or septic tank.

(2) Where a drainage order requires the making of a system passing through land of which the owner is not an owner of separate premises to which the order relates, the sanitary authority who made the order shall themselves make so much of the system as lies within that land.

(3) Where a drainage order requires the making of a system for one separate premises only and the total length of the drains in the system exceeds one hundred feet, the sanitary authority shall themselves make every portion of the system which is more than one hundred feet (measured along the system) from such premises.

(4) Where a drainage order requires the making of a system for two or more separate premises and the total length of the drains in the system exceeds one hundred feet multiplied by the number of such premises, the sanitary authority who made the order shall themselves make the portion of the system equal in length (measured along the system) to such excess and nearest to the sewer, combined drain, cesspool or septic tank to which the system is connected.

(5) Any doubt, dispute or question which may arise as to the portion of a system to be made by a sanitary authority pursuant to subsection (4) of this section shall be decided by the Minister and his decision shall be final.

(6) For the purposes of making any drain forming part of drainage works under this section, a sanitary authority shall have the powers mentioned in section 18 of the Act of 1878 as if the drain were a sewer and, on exercising any such power, shall be liable to pay such (if any) compensation as if the power had been exercised under that section.

Execution of drainage works by sanitary authority.

16. —(1) Where—

(a) a drainage order specifies a period for the completion of the whole of the drainage works required thereby and

(b) on the expiration of that period, such drainage works (other than works to be executed under section 15 of this Act) have not been begun or, if begun, have not been completed,

the sanitary authority who made the order may themselves execute or complete (as may be appropriate) such drainage works.

(2) Where—

(a) a drainage order divides the drainage works required thereby into two or more parts or stages, and

(b) any such stage or part (other than any works to be executed under section 15 of this Act) has, on the expiration of the period specified in the order for its completion, not been begun or, if begun, has not been completed,

the sanitary authority who made the order may themselves execute or complete (as may be appropriate) the whole of such drainage works.

(3) Any officer, servant or agent of a sanitary authority may, for the purposes of the execution or completion under this section on any land of any drainage works required by a drainage order made by the authority, enter on such land and there do all things reasonably necessary for the execution or completion thereof.

(4) Any person who wilfully obstructs an officer, servant or agent of a sanitary authority in the lawful exercise of any power conferred by subsection (3) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds and, in the case of a continuing offence, to a further fine not exceeding five pounds for every day on which the offence is continued.

Payment to sanitary authority of their expenses in executing drainage works.

17. —(1) Where a drainage order relates only to one separate premises or only to two or more separate premises having the same owner, the owner of the premises shall, subject to subsection (3) of this section, pay to the sanitary authority who made the order the amount of any expenses incurred by them in the execution of the whole or any part of the drainage works required by the order.

(2) Where a drainage order relates to two or more separate premises not having the same owner, the sanitary authority who made the order shall, subject to subsection (3) of this section, apportion any expenses incurred by them in the execution of the whole or any part of the drainage works required by the order between the owners of the premises and the following provisions shall have effect in connection with the apportionment:

(a) the authority shall, within seven days after the day on which they make the apportionment, serve notice thereof on every such owner,

(b) any such owner may object to the apportionment by giving notice in that behalf to the Minister within twenty-one days after the apportionment was made and the notice shall be in writing and shall contain a statement of the grounds of such objection,

(c) on such notice of objection being given, the Minister, after consideration of the objection and after consultation with the authority, shall either confirm the apportionment or make a new apportionment,

(d) where no objection is made under paragraph (b) of this subsection to the apportionment made by the authority or where, on an objection under that paragraph, that apportionment is confirmed, the amount apportioned to each such owner by that apportionment shall be paid by him to the authority,

(e) where, on an objection under paragraph (b) of this subsection to the apportionment made by the authority, a new apportionment is made, the amount apportioned to each such owner by the new apportionment shall be paid by him to the authority.

(3) Where a portion of the drainage works required by a drainage order has been executed by virtue of subsection (3) or subsection (4) of section 15 of this Act by the sanitary authority who made the order, the expenses incurred by the authority in the execution of such portion shall not be included in the expenses to be paid to or apportioned by the authority under this section.

(4) Any doubt, dispute or question which arises as to the amount of the expenses which are to be paid to or apportioned by a sanitary authority under this section shall be decided by the Minister and his decision shall be final.

(5) An amount payable to a sanitary authority under this section—

(a) may, without prejudice to the application of section 255 of the Act of 1878, be recovered by the authority as a simple contract debt in any court of competent jurisdiction, or

(b) may be declared by the authority to be private improvement expenses under the Acts, and may be recovered accordingly.

Nuisances in drains.

18. —(1) Where a sanitary authority become aware or suspect that the drainage system of one or more than one separate premises or any part of such system is so defective, foul or neglected as to be or to be likely to become a nuisance or injurious to health, it shall be lawful for the authority after seven days' notice in writing to the occupier of the land in which such system or part thereof is situate or, in case of emergency, without notice or after shorter notice, to cause such system or part thereof to be opened up and examined and for that purpose to cause any necessary openings and excavations to be made.

(2) If a drainage system or part thereof is found on an examination under subsection (1) of this section not to be defective, foul or neglected, the sanitary authority who authorised the examination shall, subject to subsection (6) of this section, cause such system to be restored and any openings or excavations made in connection with the examination to be closed or filled up and any damage done to be made good.

(3) If a drainage system or part thereof is found on an examination under subsection (1) of this section to be defective, foul or neglected and any works are necessary for the abatement or prevention of a nuisance or injury to health, the following provisions shall have effect:

(a) subject to subsection (6) of this section, the sanitary authority who authorised the examination shall carry out such works,

(b) such sanitary authority may recover the cost of such works (including the cost of the examination) from the owner of the separate premises drained by such system or, where such system or part thereof is used for the drainage of two or more separate premises not having the same owner, from the several owners of such premises in the proportion determined under paragraph (c) of this subsection,

(c) where such system or part thereof is used for the drainage of two or more separate premises not having the same owner, such sanitary authority, or, in case of dispute, the Minister shall apportion the cost of such works (including the cost of the examination) between the several owners of such premises having due regard to their respective responsibilities for the defective, foul or neglected condition of such system.

(4) If a drainage system or part thereof is found on an examination under subsection (1) of this section not to be defective, foul or neglected but it appears to the sanitary authority who authorised the examination that any separate premises drained by such system or part thereof are not drained satisfactorily, such sanitary authority may serve on the owner of such separate premises a notice stating that they intend to make a provisional drainage order in respect of such premises.

(5) If a drainage system or part thereof is found on an examination under subsection (1) of this section to be defective, foul or neglected and it appears to the sanitary authority who authorised the examination that, after carrying out the works necessary for the prevention of a nuisance or injury to health, any separate premises drained by such system or part thereof would still not be drained satisfactorily, such sanitary authority may serve on the owner of such separate premises a notice stating that they intend to make a provisional drainage order in respect of such premises.

(6) Where a sanitary authority serve a notice under subsection (4) or (5) of this section, they shall take all reasonable steps to prevent injury to health or inconvenience arising during the period before the provisional drainage order referred to in the notice comes into force but shall not be obliged to comply with subsection (2) or paragraph (a) of subsection (3) (as the case may be) of this section unless and until either—

(a) one month elapses after the service of the notice and the intended order has not been made in the meantime, or

(b) the intended order is made but is annulled on an objection, or

(c) the owner of such separate premises expressly requires such compliance.

(7) Any cost incurred by a sanitary authority in complying with a requisition made under paragraph (c) of subsection (6) of this section by the owner of any premises shall, if a drainage order is made in respect of such premises, be deemed to be part of the cost of the execution of the drainage works required by such order.

(8) Any officer, servant or agent of a sanitary authority may, for the purpose of carrying out the provisions of this section, enter on any land and there do all things reasonably necessary for that purpose.

(9) Any person who wilfully obstructs an officer, servant or agent of a sanitary authority in the lawful exercise of any power conferred by subsection (8) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds and, in the case of a continuing offence, to a further fine not exceeding five pounds for every day on which the offence is continued.

(10) For the purposes of this section, a closet, privy or sink shall be regarded as part of the drainage system of the premises which it serves,