8 Application for constitution of union
Wherever any tract of land is so circumstanced that from any permanent or occasional cause, considerable quantities of water accumulate thereon or flow thereover, and, by reason of the absence of sufficient natural or artificial drainage or of flood prevention works or of works for the mitigation of the effect of tides, so accumulate thereon or flow thereover to the injury of such land, application may be made to the Ministerial Corporation for the formation of a drainage union for compulsory drainage and mitigation of the effect of floods or tides.
(1) The application shall be signed by at least one-fourth the number of owners of land included in such tract, and shall set out:(a) the locality and boundaries of the tract proposed to be drained, or protected against floods or tides,(b) the nature and cause of the accumulation of water or flooding,(c) the name and description of every owner of lands within the tract, and the respective portions and area held by each,(d) the name suggested and the number of directors proposed for the union,(e) a description of the works proposed to be constructed or used.(2) The application shall be in the prescribed form and shall be accompanied by the prescribed fee.(3) The Ministerial Corporation may require additional information in respect of any application.
(1) The Ministerial Corporation shall cause notice of the application to be published in the Gazette and in a newspaper circulating in the locality.(2) The notice in the Gazette shall:(a) indicate the boundaries of the tract of land proposed to be drained, or protected against floods or tides,(b) give a short description of the works proposed to be constructed or used,(c) appoint a time (not being earlier than eight weeks after the date of publication of the notice in the Gazette) and place at which objections may be lodged.
The Ministerial Corporation shall, where objection to the application is lodged within the appointed time by or on behalf of not less than one-fifth in number of the owners of land included in the tract, and may for any reason, cause an inquiry to be held by some person appointed by the Ministerial Corporation to examine the statements contained in the application and in any objection.
(1) Where no such inquiry is held, or where the person holding such an inquiry reports in favour of the application with or without modification the Governor may constitute a drainage union in conformity with the application, or with such modifications, if any, as the Ministerial Corporation may recommend.(2) The constitution and name of the union and a plan and description of the boundaries of its district shall be notified by the Ministerial Corporation in the Gazette.