Written answers

Tuesday, 27 November 2018

Department of Public Expenditure and Reform

Legislative Reviews

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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188. To ask the Minister for Public Expenditure and Reform if the OPW plans to review the Arterial Drainage Act 1945; and if he will make a statement on the matter. [49268/18]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The Arterial Drainage Act 1945 made provision for the drainage and improvement of land through the delivery by the Commissioners of Public Works in Ireland of arterial drainage schemes, for entire catchments.

Increasing urbanisation led in 1995 to an amendment of the Arterial Drainage Act, 1945, that permits the OPW to implement localised flood relief schemes to provide flood protection for cities, towns and villages. The launch of the Flood Risk Management Plans in May 2018, following the largest ever study of flood risk in Ireland, has identified that Government investment is feasible to protect 95% of properties at assessed risk from significant flooding through flood relief schemes. The legislative basis for these works includes the Arterial Drainage Act, 1945 as amended by the Arterial Drainage (Amendment) Act 1995.

There have been a number of further amendments to the principal Act that provide the statutory framework to ensure work on flood risk management by the Commissioners of Public Works in Ireland meets the European environmental assessments and other requirements. In this regard, the Office of Public Works has significantly progressed work with the Department of Public Expenditure and Reform and the Office of the Attorney General to amend the Arterial Drainage Act, by way of regulations to transpose Directive 2014/52/EU (Environmental Impact Assessment).

The Office of Public Works continually monitors the legislative basis for its overall management of Ireland's flood risk including working with all statutory bodies and with the European Commission.

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