Section 35

Every proprietor or occupier of land shall be jointly responsible with the neighbouring proprietors or occupiers for the proper maintenance of any party drains or irrigation ditches which are upon his land or are constructed after the 1st day of January, 1958, and which such proprietor or occupier uses or from which he derives some benefit.

If such proprietor or occupier refuses or fails to maintain any such party drain or ditch, a neighbouring proprietor or occupier may, after giving reasonable notice when practicable of his intentions so to do, enter upon the land and, at the joint expense of the

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proprietors or occupiers referred to in subsection (2), do such maintenance work as may be necessary.

If a proprietor or an occupier of any land cannot efficiently drain his land by any existing party drain or irrigation ditch, and any neighbouring proprietors or occupiers refuse to allow him to construct suitable drains or ditches on their land, the Superintendent may order such neighbouring proprietors or occupiers to permit the construction, at the expense of the person requiring them, of such drains or ditches as may be necessary.

In any case where a party drain or irrigation ditch has been constructed under the provisions of this section, the Superintendent may issue a certificate in similar form to that provided for the right of way certificate under section 34, with the necessary modifications, and such certificate shall be noted on the appropriate maps and plans and duly registered in the Register.

The maintenance of, or construction of, drains or ditches under subsections (3) and (4) shall be carried out without any more damage to property and crops than is unavoidable, and compensation shall be payable to the proprietor or occupier of the land whose property or crops are damaged, except where he has refused or neglected to repair a ditch or drain which it is his duty to maintain.

Any dispute between the parties concerned, in relation to this section, shall be referred to the Superintendent for his consideration and decision.

Any person aggrieved by an order under subsection (4), or by any decision under subsection (7), may, within thirty days of being informed of such decision, appeal to the High Court and for the purpose of further appeal any decision of the High Court shall be deemed to be made in a civil proceeding.