Patrick O'Donovan (Limerick, Fine Gael)
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776. To ask the Minister for Transport, Tourism and Sport if local authorities can invoke section 76 of the Roads Act 1993 to remove water from public roads, removing the risk of flooding to private property; if he will confirm the section allows a local authority to take such action without the need to serve notice on the landowner in whose property the water may discharged on or through; and if he will make a statement on the matter. [8090/14]

Leo Varadkar (Dublin West, Fine Gael)
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Section 76 subsection (1) of the Roads Act 1993 empowers road authorities to construct and maintain drains on any land for the purpose of draining water from, or preventing water flowing onto, a public road. It also provides that road authorities may use any land for the temporary storage or the preparation of materials required for the construction or maintenance of a public road.

Subsection (2) obliges a road authority to give at least one month’s notice to the landowner or occupier before entering on any land to construct or maintain drains on the land or using any land to temporarily store or prepare road construction or maintenance materials.

However, subsection (3)(a) provides that, where as a result of flooding, landslide, subsidence or other emergency there is an immediate and serious hazard to persons using a public road or serious damage has been, is being or will be caused to a public road, a road authority may take immediate action to remove or reduce the hazard or prevent or reduce the damage or any further damage. In any such case, a road authority is permitted, under subsection 3(b), to enter on any land and carry out any works or do anything it considers necessary. These provisions enable road authorities to act quickly in emergencies.

It should be noted that section 76 provides for powers dealing with the drainage of public roads and related matters but does not include any provision relating to flooding of private property.