AIE: List of Consent decisions under Section 9, 47 and 50 of the Arterial Drainage Act 1945

AIE 6-1-23

Under the AIE Regs to request copies of
1) all Section 50s granted
2) all Section 50s refused
3) all Section 9s granted
4) all Section 9s refused
5) all Section 47s granted
6) all Section 47s refused

Notes:

Section 50: Arterial Drainage Act, 1945 The consent of the Commissioners is required by bodies and persons proposing to carry out construction/alteration works on bridges and culverts.

Section 9: Arterial Drainage Amendment Act, 1995 The Commissioners may consent to alterations to existing watercourses or structures in Drainage Schemes if the proposed works would not increase the risk of flooding or have a negative impact on drainage of land.

Section 47: Arterial Drainage Act, 1945 Any person planning to erect or alter a weir must first get consent from the Commissioners or all the affected landowners.’

Note:

Applications for consents are received across three geographical locations, and Head Office in Trim. They are received in electronic and paper format. While the OPW seek to make a decision on a consent within eight weeks, this is not always possible due to the application contents. The OPW as lead agency for flood risk management in Ireland assess the submitted design proposal, and it may require further communication between parties before a decision may be reached. This may result in the consent being granted some considerable time after the original application date.

Where an application status is marked as ‘request for information’ (RFI), a request from the OPW has issued to the applicant/agent for further/revised information.

The applications and subsequent communications contain large amounts of personal data, and the OPW must be mindful of the General Data Protection Act, when considering the release of data.

Schedule

List of consents

Construction, Replacement or Alteration of Bridges and Culverts – A Guide to Applying for Consent under Section 50 of the Arterial Drainage Act, 1945

Sample Consent

Download the list of consents in Excel

Consent Requirements – Construction/Alteration of Watercourse Infrastructure

https://www.gov.ie/en/publication/957aa7-consent-requirements-constructionalteration-of-watercourse-infrastru/

From Office of Public Works 

Published on 9 January 2018

Last updated on 24 March 2022

  1. Introduction
  2. Restrictions on the Construction or Alteration of Bridges and Culverts
  3. Modification or Relocation of Watercourse, Embankment or Other Works
  4. Restrictions on the Erection/Alteration of Weirs
  5. Further Information and Forms

Introduction

The OPW seeks to maintain the existing conveyance and storage capacities of channels and floodplains. The design and construction of bridges and culverts should be such that flood risks up- and / or down-stream are not increased, or, where no other viable options exist, are restricted to acceptable levels, and should comply with any flood risk management objectives and plans established for the area.

Restrictions on the Construction or Alteration of Bridges and Culverts

Section 50: Arterial Drainage Act, 1945 The consent of the Commissioners is required by bodies and persons proposing to carry out construction/alteration works on bridges and culverts.

Modification or Relocation of Watercourse, Embankment or Other Works

Section 9: Arterial Drainage Amendment Act, 1995 The Commissioners may consent to alterations to existing watercourses or structures in Drainage Schemes if the proposed works would not increase the risk of flooding or have a negative impact on drainage of land. This section applies to regrading or relocation of watercourses, replacement or relocation of embankments and various other works on Drainage Schemes. Applications under this section are dealt with on a case by case basis, and applications should be addressed to the appropriate OPW regional office.

Restrictions on the Erection/Alteration of Weirs

Section 47: Arterial Drainage Act, 1945 Any person planning to erect or alter a weir must first get consent from the Commissioners or all the affected landowners. The Commissioners may grant consent only where the applicant meets stringent requirements. The ESB is exempt from this requirement as a separate statutory process is in place.

Further Information and Forms

Image: None

Section 50 brochure

Download

View

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Section 50 Application Form – PDF

Download

View

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Section 50 Application Form – Word

Download

AIE 4/4/23

Under the AIE Regs to request copies of

1) all Section 50s granted

2) all Section 50s refused

3) all Section 9s granted

4) all Section 9s refused

5) all Section 47s granted

6) all Section 47s refused

Please include the initial Application Form AND the OPW documents granting/ refusing the consent

For the purposes if this AIE, please consider the years 2021, 2022 and 2023 to date

For the purposes of this AIE, active disclosure via publication of consents on gov.ie or similar will suffice

West Cork Flood Relief Schemes

Non-Return Valves


• River Ilen (Skibbereen) Flood Relief Scheme (also known as the Skibbereen FRS)
• River Bandon Flood Relief Scheme (also known as the Bandon FRS)
• Clonakilty Flood Relief Scheme (also known as the Clonakilty FRS)


These schemes were built under the OPW powers of the Arterial Drainage Acts 1945 & as amended in 1995.
The above schemes are now in the Operation & Maintenance (O&M) phase.

AIE Request: Submissions received on the Consultation on the Draft Arterial Drainage Maintenance Activities 2022-2027 and associated SEA Environmental Report and AA Natura Impact Statement Report

Under the AIE Regs to request copy of the submissions received on the Consultation on the Draft Arterial Drainage Maintenance Activities 2022-2027 and associated SEA Environmental Report and AA Natura Impact Statement Report

The original closing date for submissions was extended by the OPW. There is a statutory obligation for the OPW to consult with the National Parks and Wildlife Service, and the OPW welcome submissions from individuals/bodies during a consultation process.

“I have seen many actions on the river Moy by the OPW destroying the trees along the banks”

East Mayo Anglers Association

Killmastulla Drainage Committee in Tipperary

Response from the Wild Trout Trust

Note: worth a read as a very considered submission that is a good summary of the issues

The Arterial Drainage Act in Ireland has delivered severe dredging, realignment and incision of many watercourses, altering their natural hydromorphological processes and in many cases leading to degradation of channel form and function

East Mayo Anglers, Swinford, Co. Mayo

DAERA NI

LAWPRO Submission

015 Record in public domain

https://cieem.net/resource/response-to-the-opw-consultation-on-the-draft-arterial-drainage-maintenance-activities/

Irish Ramsar Wetland Committee Submission

019 Record in public domain – EPA submission

https://www.epa.ie/publications/corporate/submissions–position-papers/epa-submission-arterial-drainage-maintenance-activities-2022-2027-.php