IE
(LRC Revised)
Statutory Text (1 Articles)
Number 3 of 1945
ARTERIAL DRAINAGE ACT 1945
REVISED
Updated to 20 May 2026
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an
administrative consolidation of the
Arterial Drainage Act 1945
. It is prepared by
the Law Reform Commission in accordance with its function under the
Law Reform
Commission Act 1975
(3/1975) to keep the law under review and to undertake
revision and consolidation of statute law.
All Acts up to and including the
Mental Health Act 2026
(11/2026), enacted 7 May 2026, and all statutory instruments
up to and including the
Avian Influenza (Biosecurity Measures) Regulations 2025 (Revocation) Regulations 2026
(S.I. No. 214 of 2026), made 20 May 2026, were considered
in the preparation of this Revised Act.
Disclaimer: While every care has
been taken in the preparation of this Revised Act, the Law Reform Commission can assume
no responsibility for and give no guarantees, undertakings or warranties concerning
the
accuracy, completeness or up to date nature of the information provided and does not
accept any liability whatsoever arising from any errors or omissions. Please notify
any
errors, omissions and comments by email to revisedacts@lawreform.ie.
Number
3
of
1945.
ARTERIAL DRAINAGE ACT
1945.
REVISED
Updated to
20 May 2026
ARRANGEMENT OF SECTIONS
PART I.
Preliminary
Section
1.
Short title.
2.
Definitions.
3.
Expenses.
PART II.
Drainage Schemes.
3A.
Interpretation.
4.
Preparation of drainage schemes.
4A.
Environmental impact assessment.
4B.
Sub-threshold drainage works.
4C.
Obligation to carry out environmental impact assessment.
4D.
Exemption from obligation to carry out environmental impact assessment.
4E.
Environmental impact assessment report.
4F.
Scope of environmental impact assessment report.
5.
Pre-submission
consultation.
5A.
Pre-submission consultation on transboundary effects.
6.
Notices to reputed proprietors, occupiers, etc.
7.
Confirmation of drainage scheme by the Minister.
7A.
Revision of scheme (no EIA required).
7B.
Submission of EIA drainage scheme.
7C.
Consultation on EIA drainage scheme.
7D.
Consultation on transboundary effects.
7E.
Decision on EIA drainage scheme.
7F.
Publication of decision on EIA drainage scheme.
7G.
Review.
7H.
Monitoring of effects on environment.
7I.
Enforcement.
7J.
Revision of scheme (EIA required).
8.
Inclusion of existing drainage works in a drainage scheme.
9.
The carrying out of a drainage scheme.
10.
Protection of fisheries.
11.
Duties of the Commissioners in regard to public roads and bridges.
12.
Amendment of drainage schemes.
12A.
Scheme variations.
13.
Certificate of total or partial completion.
13A.
Conflicts of interest.
14.
Acquisition of and compensation for lands, rights, etc.
15.
Compensation for certain interferences with land, etc.
16.
Compensation for injury to canals, fisheries, etc.
17.
Matters to be regarded in
assessment of compensation.
18.
Amendment of valuation of benefited lands.
19.
The Award.
(Repealed)
20.
Disposal of surplus lands, etc.
PART III.
Existing Drainage Districts.
21.
The appointed day for this Part of this Act.
22.
Abolition of drainage rates.
23.
Maintenance of existing drainage works.
24.
Maintenance transfer orders.
25.
Dissolution of drainage trustees and drainage boards.
26.
Defrayal of the cost of existing drainage works.
27.
Provisions in respect of the Barrow Drainage District.
28.
Certain provisions in respect of existing drainage districts managed by councils.
29.
Failure of council to maintain existing drainage works.
30.
Duty of councils to furnish reports.
PART IV.
Existing Embankments.
31.
Transfer of control and management of existing embankments to the Commissioners.
32.
Power to construct a substitute embankment.
33.
Defrayal of cost of maintenance of an existing embankment.
34.
Abandonment of an existing embankment.
35.
Trust funds in respect of existing embankments.
36.
Provisions in respect of certain existing embankments.
PART V.
Maintenance of Drainage Works.
37.
Maintenance of drainage works by the Commissioners.
38.
Powers of the Commissioners in relation to maintenance.
PART VI.
Amendment of Awards.
39.
Execution of additional works.
40.
Amendment of
Awards.
(Repealed)
41.
Application of certain
provisions to supplemental Awards.
(Repealed)
PART VII.
The Panel of Drainage Arbitrators.
42.
The Panel of Drainage
Arbitrators.
(Repealed)
PART VIII.
Miscellaneous and General.
43.
General power to the Commissioners to employ contractors.
44.
Additional powers for recovery of moneys payable by county councils.
45.
Payment of certain debts out of compensation.
46.
Control and management of weirs.
47.
Restrictions on the erection, alteration, etc., of weirs.
48.
Power of the Commissioners to compel repair of watercourses.
49.
Compulsory drainage orders.
50.
Restrictions on the construction or alteration of bridges.
51.
Protection of the Commissioners m certain liabilities.
52.
Offences and penalties.
53.
Bye-Laws.
54.
Apportionment of land purchase annuities, etc.
55.
Provisions in respect of the District of Fergus.
56.
Provisions in respect of the drainage schemes in the Third Schedule.
57.
Drainage districts partly outside the State.
58.
Provision in respect of certain drainage schemes under the Arterial Drainage Acts,
1925 and 1929.
59.
Prohibition of drainage schemes under Acts in First Schedule.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
Acts Referred to
Arterial Drainage Act, 1925
No. 33 of 1925
Barrow Drainage Act, 1927
No. 26 of 1927
Drainage Maintenance Act, 1924
No. 46 of 1924
Barrow Drainage Act, 1933
No. 30 of 1933
Land Act, 1931
No. 11 of 1931
Land Act, 1923
No. 42 of 1923
Land Act, 1927
No. 19 of 1927
Fisheries Act, 1939
No. 17 of 1939
District of Fergus Drainage Act, 1943
No. 13 of 1943
Arterial Drainage (Amendment) Act, 1929
No. 18 of 1929
River Owenmore Drainage Act, 1926
No. 3 of 1926
Arterial Drainage (Minor Schemes) Act, 1928
No. 23 of 1928
Number
3
of
1945.
ARTERIAL DRAINAGE ACT
1945.
REVISED
Updated to 20 May 2026
AN ACT TO MAKE PROVISION FOR THE DRAINAGE AND IMPROVEMENT OF LAND BY THE EXECUTION
OF WORKS OF ARTERIAL DRAINAGE, TO PROVIDE FOR THE MAINTENANCE OF THOSE WORKS AND MAKE
FURTHER AND BETTER PROVISION FOR THE MAINTENANCE OF EXISTING DRAINAGE WORKS, AND TO
PROVIDE FOR MATTERS INCIDENTAL TO OR CONNECTED WITH THE MATTERS AFORESAID OR RELATING
GENERALLY TO THE DRAINAGE OF LAND. [1
st March
, 1945.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Annotations
Modifications (not altering
text)
C1
Application of collectively cited
Arterial Drainage Acts 1945 and 1995
affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I.
No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in operation as per reg.
1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that
provides for the consent for a plan or project to which this Regulation applies to
be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies
...
Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt
or undertake, or give approval for a plan, may include those adopted, undertaken or
approved pursuant to any of the enactments set out in the Second Schedule to these
Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit,
derogation or other authorisation given under these Regulations or under any of
the enactments referred to in the Second Schedule may include conditions requiring
compliance with any guideline or code of practice issued under Regulation 71 or
such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
...
...
Arterial Drainage Acts 1945 and 1995
...
C2
Application of collectively
cited
Arterial Drainage Acts
restricted (15.03.2010) by
European
Communities (Assessment and Management of Flood Risks) Regulations 2010
(S.I. No. 122 of 2010), reg. 24(2).
General responsibility of the
Commissioners for flood risk management.
24. ...
(2) Notwithstanding anything in
the Arterial Drainage Acts 1945 to 1995 or in any other Act or Regulation, the
Commissioners shall not be required to do anything that is contrary to or
inconsistent with the aims, provisions or requirements of the Directive.
C3
Power to prepare multiple
schemes confirmed (17.07.1995) by
Arterial Drainage (Amendment) Act 1995
(14/1995), s. 8, commenced on enactment.
More than one drainage scheme
may be prepared in relation to a catchment area or watercourse.
8
.—Nothing in the Principal
Act shall be construed as preventing the Commissioners from preparing a second or
further drainage scheme in relation to a catchment area, watercourse or part of a
watercourse that has been the subject of such a scheme.
C4
Application of Act extended
(18.07.1990) by
Shannon Navigation Act 1990
(20/1990), s. 6(1), commenced
on enactment.
Application of Arterial
Drainage Act, 1945, to Ballinamore and Ballyconnell drainage district.
6
.—(1) The Act shall apply
in relation to the Ballinamore and Ballyconnell drainage district as if that
district were an existing drainage district and subject to the modification that
the appointed day shall be deemed to be the day immediately preceding the vesting
day and any other necessary modifications.
...
C5
Application of Act
restricted (18.12.1985) by
Local Government (Reorganisation) Act, 1985, (County
Borough of Galway) Order 1985
(S.I. No. 426 of 1985), art. 10 and sch.
paras, 4, 5.
Application of
Schedule.
10. The provisions contained in
the Schedule to this Order shall apply and have effect in relation to the
establishment of the County Borough.
SCHEDULE.
...
4. Notwithstanding the provisions
of the Arterial Drainage Act, 1945 (No. 3 of 1945), the following arrangements
shall apply in relation to liability for the payment of the demand issued to the
County Council pursuant to section 37 of that Act in respect of the local
financial year 1986
(a) The Corporation shall be
deemed to have been served with a demand and the amount of the demand shall be
that proportion of the first mentioned demand as is equivalent to the proportion
of the demand served on the County Council in respect of the year 1985 for which
the Borough Corporation was liable and,
(b) the said first mentioned
demand shall be reduced by the amount referred to in subparagraph (a) of this
paragraph.
5. Notwithstanding the provisions
of the Arterial Drainage Act, 1945 the following arrangements shall apply in
relation to the calculation and liability for the payment of such portion of the
demands served on the County Council and Corporation in respect of the local
financial year 1987 and subsequent years as relates to works carried out prior to
the appointed day
(a) An amount shall be calculated
which would represent the liability of the County Council for such portion as if
section 5 of the Act of 1985 had not been enacted.
(b) The Corporation shall be
liable for the payment of a proportion of the amount referred to in subparagraph
(a) of this paragraph and that proportion shall be the same proportion as the
proportion for the relevant financial year pursuant to the provisions of article
5(2) of this Order.
(c) The County Council shall be
liable for the payment of the balance of the amount referred to in subparagraph
(a) of this paragraph and an amount equivalent to such balance shall be included
in the demand served on the County Council.
...
Editorial Notes
E1
Minister granted power to
order abandonment of embankments, transfer powers of Commissioners for purposes of
assessment and management of flood risk and giving further effect to the
provisions and requirements of the Regulations and Directive 2007/60/EC, and amend
or repeal any provision of Act for purposes of improving the assessment and
management of flood risk or where the matters are also dealt with in the
Regulations (15.03.2010) by
European Communities (Assessment and Management of
Flood Risks) Regulations 2010
(S.I. No. 122 of 2010), regs. 57 and sch. 3,
reg. 58(1)(g), (h).
E2
Primary responsibility for
collectively cited
Arterial Drainage Acts
assigned to a Minister other than
the Minister for Housing, Local Government and Heritage (14.11.2002) by
Local
Government Act 2001
(37/2002), s. 63 and sch. 12 part 2, S.I. No. 507 of
2002, as substituted (31.12.2007) by
Water Services Act 2007
(30/2007), s.
115, S.I. No. 846 of 2007.
Annotations
Modifications (not altering
text)
C1
Application of collectively cited
Arterial Drainage Acts 1945 and 1995
affected (21.09.2011) by
European Communities (Birds and Natural Habitats) Regulations 2011
(S.I.
No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in operation as per reg.
1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for
European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that
provides for the consent for a plan or project to which this Regulation applies to
be obtained by default on the failure of the public authority to provide a response
within a specified timescale or otherwise, that provision shall not have effect in
respect of any plan or project to which this Regulation applies
...
Review of existing plans
46. ...
(3) For the purposes of this Regulation, a decision, including a decision to adopt
or undertake, or give approval for a plan, may include those adopted, undertaken or
approved pursuant to any of the enactments set out in the Second Schedule to these
Regulations.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit,
derogation or other authorisation given under these Regulations or under any of
the enactments referred to in the Second Schedule may include conditions requiring
compliance with any guideline or code of practice issued under Regulation 71 or
such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
Number
Year
Short Title/Citation
...
...
...
...
...
Arterial Drainage Acts 1945 and 1995
...
C2
Application of collectively
cited
Arterial Drainage Acts
restricted (15.03.2010) by
European
Communities (Assessment and Management of Flood Risks) Regulations 2010
(S.I. No. 122 of 2010), reg. 24(2).
General responsibility of the
Commissioners for flood risk management.
24. ...
(2) Notwithstanding anything in
the Arterial Drainage Acts 1945 to 1995 or in any other Act or Regulation, the
Commissioners shall not be required to do anything that is contrary to or
inconsistent with the aims, provisions or requirements of the Directive.
C3
Power to prepare multiple
schemes confirmed (17.07.1995) by
Arterial Drainage (Amendment) Act 1995
(14/1995), s. 8, commenced on enactment.
More than one drainage scheme
may be prepared in relation to a catchment area or watercourse.
8
.—Nothing in the Principal
Act shall be construed as preventing the Commissioners from preparing a second or
further drainage scheme in relation to a catchment area, watercourse or part of a
watercourse that has been the subject of such a scheme.
C4
Application of Act extended
(18.07.1990) by
Shannon Navigation Act 1990
(20/1990), s. 6(1), commenced
on enactment.
Application of Arterial
Drainage Act, 1945, to Ballinamore and Ballyconnell drainage district.
6
.—(1) The Act shall apply
in relation to the Ballinamore and Ballyconnell drainage district as if that
district were an existing drainage district and subject to the modification that
the appointed day shall be deemed to be the day immediately preceding the vesting
day and any other necessary modifications.
...
C5
Application of Act
restricted (18.12.1985) by
Local Government (Reorganisation) Act, 1985, (County
Borough of Galway) Order 1985
(S.I. No. 426 of 1985), art. 10 and sch.
paras, 4, 5.
Application of
Schedule.
10. The provisions contained in
the Schedule to this Order shall apply and have effect in relation to the
establishment of the County Borough.
SCHEDULE.
...
4. Notwithstanding the provisions
of the Arterial Drainage Act, 1945 (No. 3 of 1945), the following arrangements
shall apply in relation to liability for the payment of the demand issued to the
County Council pursuant to section 37 of that Act in respect of the local
financial year 1986
(a) The Corporation shall be
deemed to have been served with a demand and the amount of the demand shall be
that proportion of the first mentioned demand as is equivalent to the proportion
of the demand served on the County Council in respect of the year 1985 for which
the Borough Corporation was liable and,
(b) the said first mentioned
demand shall be reduced by the amount referred to in subparagraph (a) of this
paragraph.
5. Notwithstanding the provisions
of the Arterial Drainage Act, 1945 the following arrangements shall apply in
relation to the calculation and liability for the payment of such portion of the
demands served on the County Council and Corporation in respect of the local
financial year 1987 and subsequent years as relates to works carried out prior to
the appointed day
(a) An amount shall be calculated
which would represent the liability of the County Council for such portion as if
section 5 of the Act of 1985 had not been enacted.
(b) The Corporation shall be
liable for the payment of a proportion of the amount referred to in subparagraph
(a) of this paragraph and that proportion shall be the same proportion as the
proportion for the relevant financial year pursuant to the provisions of article
5(2) of this Order.
(c) The County Council shall be
liable for the payment of the balance of the amount referred to in subparagraph
(a) of this paragraph and an amount equivalent to such balance shall be included
in the demand served on the County Council.
...
Editorial Notes
E1
Minister granted power to
order abandonment of embankments, transfer powers of Commissioners for purposes of
assessment and management of flood risk and giving further effect to the
provisions and requirements of the Regulations and Directive 2007/60/EC, and amend
or repeal any provision of Act for purposes of improving the assessment and
management of flood risk or where the matters are also dealt with in the
Regulations (15.03.2010) by
European Communities (Assessment and Management of
Flood Risks) Regulations 2010
(S.I. No. 122 of 2010), regs. 57 and sch. 3,
reg. 58(1)(g), (h).
E2
Primary responsibility for
collectively cited
Arterial Drainage Acts
assigned to a Minister other than
the Minister for Housing, Local Government and Heritage (14.11.2002) by
Local
Government Act 2001
(37/2002), s. 63 and sch. 12 part 2, S.I. No. 507 of
2002, as substituted (31.12.2007) by
Water Services Act 2007
(30/2007), s.
115, S.I. No. 846 of 2007.
PART I.
Preliminary
Section
1.
Short title.
2.
Definitions.
3.
Expenses.
PART II.
Drainage Schemes.
3A.
Interpretation.
4.
Preparation of drainage schemes.
4A.
Environmental impact assessment.
4B.
Sub-threshold drainage works.
4C.
Obligation to carry out environmental impact assessment.
4D.
Exemption from obligation to carry out environmental impact assessment.
4E.
Environmental impact assessment report.
4F.
Scope of environmental impact assessment report.
5.
Pre-submission
consultation.
5A.
Pre-submission consultation on transboundary effects.
6.
Notices to reputed proprietors, occupiers, etc.
7.
Confirmation of drainage scheme by the Minister.
7A.
Revision of scheme (no EIA required).
7B.
Submission of EIA drainage scheme.
7C.
Consultation on EIA drainage scheme.
7D.
Consultation on transboundary effects.
7E.
Decision on EIA drainage scheme.
7F.
Publication of decision on EIA drainage scheme.
7G.
Review.
7H.
Monitoring of effects on environment.
7I.
Enforcement.
7J.
Revision of scheme (EIA required).
8.
Inclusion of existing drainage works in a drainage scheme.
9.
The carrying out of a drainage scheme.
10.
Protection of fisheries.
11.
Duties of the Commissioners in regard to public roads and bridges.
12.
Amendment of drainage schemes.
12A.
Scheme variations.
13.
Certificate of total or partial completion.
13A.
Conflicts of interest.
14.
Acquisition of and compensation for lands, rights, etc.
15.
Compensation for certain interferences with land, etc.
16.
Compensation for injury to canals, fisheries, etc.
17.
Matters to be regarded in
assessment of compensation.
18.
Amendment of valuation of benefited lands.
19.
The Award.
(Repealed)
20.
Disposal of surplus lands, etc.
PART III.
Existing Drainage Districts.
21.
The appointed day for this Part of this Act.
22.
Abolition of drainage rates.
23.
Maintenance of existing drainage works.
24.
Maintenance transfer orders.
25.
Dissolution of drainage trustees and drainage boards.
26.
Defrayal of the cost of existing drainage works.
27.
Provisions in respect of the Barrow Drainage District.
28.
Certain provisions in respect of existing drainage districts managed by councils.
29.
Failure of council to maintain existing drainage works.
30.
Duty of councils to furnish reports.
PART IV.
Existing Embankments.
31.
Transfer of control and management of existing embankments to the Commissioners.
32.
Power to construct a substitute embankment.
33.
Defrayal of cost of maintenance of an existing embankment.
34.
Abandonment of an existing embankment.
35.
Trust funds in respect of existing embankments.
36.
Provisions in respect of certain existing embankments.
PART V.
Maintenance of Drainage Works.
37.
Maintenance of drainage works by the Commissioners.
38.
Powers of the Commissioners in relation to maintenance.
PART VI.
Amendment of Awards.
39.
Execution of additional works.
40.
Amendment of
Awards.
(Repealed)
41.
Application of certain
provisions to supplemental Awards.
(Repealed)
PART VII.
The Panel of Drainage Arbitrators.
42.
The Panel of Drainage
Arbitrators.
(Repealed)
PART VIII.
Miscellaneous and General.
43.
General power to the Commissioners to employ contractors.
44.
Additional powers for recovery of moneys payable by county councils.
45.
Payment of certain debts out of compensation.
46.
Control and management of weirs.
47.
Restrictions on the erection, alteration, etc., of weirs.
48.
Power of the Commissioners to compel repair of watercourses.
49.
Compulsory drainage orders.
50.
Restrictions on the construction or alteration of bridges.
51.
Protection of the Commissioners m certain liabilities.
52.
Offences and penalties.
53.
Bye-Laws.
54.
Apportionment of land purchase annuities, etc.
55.
Provisions in respect of the District of Fergus.
56.
Provisions in respect of the drainage schemes in the Third Schedule.
57.
Drainage districts partly outside the State.
58.
Provision in respect of certain drainage schemes under the Arterial Drainage Acts,
1925 and 1929.
59.
Prohibition of drainage schemes under Acts in First Schedule.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
Number
3
of
1945.