European Communities (Assessment and Management of Flood Risks) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 122/2010
• Year: 2010

INDEX

Section. Title

PART 1

PRELIMINARY

1. Citation.

2. Interpretation.

3. Expenses.

PART 2

GENERAL

4. Administrative arrangements, role of the Commissioners and power of entry.

5. General duty of public authorities, specified bodies and organisations.

6. Co-ordination with the Water Framework Directive.

PART 3

ASSESSMENT AND MANAGEMENT

7. Preliminary flood risk assessment.

8. Sending of copies of preliminary flood risk assessments to county councils.

9. Consideration of observations on preliminary flood risk assessments.

10. Areas of potential significant flood risks.

11. Flood hazard maps and flood risk maps.

12. Sending of copies of flood hazard maps and flood risk maps to county councils.

13. Objections to flood hazard maps.

14. Consideration of observations on flood hazard maps and flood risk maps.

15. Flood risk management plans.

16. Co-ordination with other Member States regarding flood risk management plans.

17. Public information and involvement.

18. Sending of copies of flood risk management plans to county councils.

19. Approval of flood risk management plans by the Minister.

20. Sending of flood risk management plans approved by the Minister to county councils.

21. Implementing measures and amendments.

22. Making of data available to the European Commission.

23. Advising the European Commission of legal changes.

PART 4

OPERATIONAL MATTERS

24. General responsibility of the Commissioners for flood risk management.

25. Preparation of schemes of flood risk management works and measures.

26. Powers of the Commissioners regarding planning permission.

27. Sending of copies of schemes to county councils.

28. Notices to reputed proprietors, occupiers.

29. Approval of flood risk management scheme by the Minister.

30. Compulsory acquisition of land.

31. Compensation for certain interferences with land.

32. Compensation for injury to canals, fisheries.

33. Matters to be regarded in assessment of compensation.

34. Disposal of surplus land.

35. Rectification of procedural defects.

36. Inclusion of existing drainage works in a flood risk management scheme.

37. The carrying out of a flood risk management scheme.

38. Protection of fisheries.

39. Duties of the Commissioners in regard to public roads and bridges.

40. Certificate of total or partial completion.

41. Maintenance of flood risk management works by the Commissioners.

42. Powers of the Commissioners in relation to maintenance.

43. Execution of additional works.

44. Modification or relocation of watercourse, embankment or other works.

45. Powers of Commissioners where there is a substantial risk of flooding as a result of modification or relocation of relevant works.

46. The panel of property arbitrators.

47. General power of the Commissioners to employ contractors.

48. Additional powers for recovery of money payable by county councils.

49. Payment of certain debts out of compensation.

50. Restrictions on the construction or alteration of bridges.

51. Protection of the Commissioners from certain liabilities.

52. Offences and penalties.

53. Bye-laws.

54. Apportionment of land purchase annuities.

55. Designation orders.

56. Power to construct a substitute embankment.

57. Abandonment of an existing embankment.

58. Powers of the Minister.

59. General power of the Commissioners to delegate powers and responsibilities.

60. Costs of flood risk management works may be defrayed by third parties.

61. Arrangements with a public authority.

62. Arrangements with public and other bodies.

63. Minor operations and works.

SCHEDULE 1

PART 1

Public authorities

PART 2

Public bodies

PART 3

Organisations

SCHEDULE 2

Annex I of Water Framework Directive

SCHEDULE 3

List of Arterial Drainage Acts

SCHEDULE 4

Components of flood risk management plans and description of the implementation of the plan

SCHEDULE 5

Components of the subsequent update of flood risk management plans

S.I. No. 122 of 2010.

EUROPEAN COMMUNITIES (ASSESSMENT AND MANAGEMENT OF FLOOD RISKS) REGULATIONS 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th March, 2010.

The Minister for Finance, in exercise of the powers conferred on him by the European Communities Acts, 1972 to 2007, for the purpose of giving further effect to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 establishing a framework for Community action in the field of assessment and management of flood risks hereby makes the following Regulations:

PART 1 PRELIMINARY

Citation.

1. (1) These Regulations may be cited as the European Communities (Assessment and Management of Flood Risks) Regulations 2010.

Interpretation.

2. (1) Any reference to a Section or Schedule is a reference to a Section or Schedule of these Regulations and any reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs.

(2) Any reference to an Article or Annex, unless otherwise indicated, is a reference to an Article or Annex of Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks.

(3) Any word or expression which is used in these Regulations and is also used in the Directive has the same meaning as in the Directive except where these Regulations provide otherwise.

(4) In these Regulations, save where the context otherwise requires—

“the Act of 1945” means the Arterial Drainage Act, 1945 (No. 3 of 1945),

“authorised person” means such person or persons or bodies as the Commissioners may authorise for the purposes of these Regulations,

“catchment area” means the land area from which rainfall will drain overland or (with some exceptions for groundwater flow, which may be inter-catchment) through sub-surface drainage, into a river, lake, reservoir or sea.

“the Commissioners” means the Commissioners of Public Works in Ireland,

“the Competent Authority” in relation to a river basin district (subject to Section 4.1), has the meaning assigned by Article 3 of the Water Framework Directive, for the purposes of that directive,

“county council” includes a city council,

“the Directive” means Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks,

“embankment” means an artificial watercourse, drain, embankment, or other work constructed for the purposes of these Regulations and includes all sluices, sluice-gates, pumps, weirs, watercourses, and other works forming part of or essential to the effective operation of any such embankment or work,

“existing drainage district” means a drainage district constituted under any of the Acts specified in the Third Schedule to these Regulations and wholly situate within the State,

“existing drainage works” means the drainage works in an existing drainage district,

“existing embankment” means an embankment constructed (whether before or after the passing of these Regulations) for the protection from flooding of land purchased under the Land Purchase Acts or the subject of proceedings under those Acts, whether such embankment was constructed before or after such purchase or the institution of proceedings therefore and whether such embankment was constructed by a former landlord or other person or by trustees or by or under the supervision of the Irish Land Commission,

“the European Commission” means the Commission of the European Communities,

“flood” means the temporary covering by water of land not normally covered by water. This shall include floods from rivers, mountain torrents, Mediterranean ephemeral water courses, and floods from the sea in coastal areas, and may exclude floods from sewerage systems,

“flood risk” means the combination of the probability of a flood event and of the potential adverse consequences for human health, the environment, cultural heritage and economic activity associated with a flood event,

“flood risk management works” includes both structural and non-structural works and measures included in a flood risk management scheme,

“international river basin” means a river basin lying partly in the State and partly in Northern Ireland,

“international river basin district” means the combined river basin district areas in the State and in Northern Ireland in relation to an international river basin,

“land” includes water (whether inland or coastal) and, in relation to the acquisition of land, includes any interest or right in or over land or water,

“local authority” means a city council, a county council, a borough council or a town council,

“the Minister” means the Minister for Finance,

“Minister of State” means any Minister who is a member of the Government,

“offence” means an offence as described by Section 52(1),

“organisation” means any body listed in Part 3 of the First Schedule,

“private bridge” does not include a reference to any kesh, footstick or other similar structure,

“public authority” means any body listed in Part 1 of the First Schedule,

“public body” means any body listed in Part 2 of the First Schedule,

“the Reference Committee” means the Reference Committee constituted by paragraph (c) of subsection (5) of Section 1 of the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925),

“reserved function” means:

(a) in the case of the corporation of a county borough, a reserved function for the purposes of the enactments relating to the management of that county borough, and

(b) in any other case, a reserved function for the purposes of the County Management Acts, 1940 and 1942,

“river” means a body of inland water flowing for the most...