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Section 5

Declaration of intention to constitute or vary drainage area

of Drainage Works Act 1954

ActIn forceProvision 4 of 8
Section 5

(1)

Whenever it is intended to make any such declaration as is specified in section 3, the appropriate authority shall publish in the

Gazette a notification of his intention to do so, specifying the land affected. Copies of such notification in national language and

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English language shall, within seven days of the date of such publication, be posted in conspicuous places in the locality wherein the land affected is situated.

(2)

Within one month from the publication of any such notification in the Gazette the owner or occupier of any land included in such notification may object to the Chairman of the Board in writing, stating the grounds of his objection.

(3)

The Board shall consider the objection and may, if it thinks fit, allow the objector to appear in person or by his advocate and state his case.

(4)

The Chairman shall forward to the appropriate authority the recommendations of the Board with regard to any objection.

Board to make recommendations 6.

In addition to the hearing of objections the Board may make recommendations as to any or all of the following matters:

(a)

extensions of or alterations in the boundaries of the drainage area;

(b)

additions to or the improvement of existing drainage works;

(c)

proposals for new drainage works;

(d)

the use, if disputed, of any drainage works the cost whereof is to be met by a drainage rate;

(e)

the letting of contracts or issue of indents for the construction of drainage works, for which purpose the

Board may require to be supplied with such plans and specifications as may be necessary for the proper understanding of the nature of the work to be undertaken;

(f)

any other matter as to which the appropriate authority may request the views of the Board.

Appropriate authority not bound by recommendations of Board 7.

The appropriate authority shall give due consideration to any recommendation made by the Board under this Act but shall not be bound to act in accordance with the same.

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