Clause 23

The Director may at any time declare that any private drain shall, as from the date specified in the declaration, vest in the Government.

Before the Director makes a declaration under subsection (1), he shall give notice of his intention to do so to the owner of the drain in question.

Any owner who is aggrieved by a notice issued by the Director under subsection (2) may appeal to the Minister within 28 days from the date of service of the notice.

Upon the hearing of an appeal under this section, the Minister may allow the appeal and the Director shall not take any further action on the matter.

Where no appeal has been filed within the time specified in subsection (3), or an appeal has been dismissed by the Minister, the Director may proceed to make the declaration.

Where a declaration has been made in respect of a private drain under this section, 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.

If by reason of the alteration, discontinuation, closing up or destruction of any drain vested in the Government under this section, any person is deprived of the lawful use of the drain, the Director shall with due diligence provide some other drain as effectual as the one so deprived.

The declaration under subsection (1) shall be registered against those lands under the provisions of the Land Titles Act (Cap. 157) in respect of registered land and under the provisions of the Registration of Deeds Act (Cap. 269) in respect of other land.