Section 5

Subject to this section, the Director may at any time declare that any private drain shall, as from such date as may be specified in the declaration, become vested in the Government: Provided that the Director who proposes to make a declaration under this subsection shall give notice of his proposal to the owner or owners of the drain in question and shall take no further action in the matter until either one month has lapsed without an appeal against his proposal being lodged under subsection (2), or, as the case may be, until an appeal so lodged has been disposed of.

An owner aggrieved by the proposal of the Director to make a declaration under this section may appeal to the Minister within one month after the notice of the proposal is served upon him. On the hearing of an appeal under this subsection the Minister may allow or disallow the proposal of the Director or, as the case may be, make any declaration which the Director might have made and any declaration so made shall have the same effect as if it had been made by the Director under this section.

A declaration under this section may be made with respect to a part only of a drain.

Where any declaration has been made in respect of a private drain, the Director shall maintain the drain and, if he sees fit, enlarge, alter or otherwise improve such drain and may discontinue, close up or destroy such drain as he thinks necessary as if it is a drain constructed by the Director.