OPW: Office of Public Works
Oifig na nOibreacha Poiblí
Statutory and Regulatory Functions
The Commissioners of Public Works have a number of statutory and regulatory functions under various acts of the Oireachtas:
Arterial Drainage and Flooding:
Restrictions on the construction or alteration of bridges. (Section 50: Arterial Drainage Act, 1945) The consent of the Commissioners is required by certain bodies proposing to carry out construction works on bridges.
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 regional office. See Contact Us for contact details.
Restrictions on the erection, alteration, etc., 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.
Planning and Development:
The Commissioners are a prescribed consultee for the following important strategic planning functions of Local Authorities:
Preparing, Making and Varying a Development Plan. (Section 11 , 12 and 13: Planning and Development Act, 2000) The Commissioners are given an opportunity to make observations on all changes to the Development Plan, including Variations, when the plan is to be reviewed and again when a draft plan has been prepared. A Development Plan may contain objectives relating to the management and avoidance of flood risk.
Preparing Regional Planning Guidelines. (Section 24 : Planning and Development Act, 2000) The Regional Authority must consult with the Commissioners as part of the preparation of the Regional Policy Guidelines.
Planning and Development Management The OPW is a statutory consultee for major spatial plans, such as Regional Planning Guidelines, and Development Plans, under the Planning Act, 2000.
The publication of Guidelines for Planning Authorities (30th November, 2009) has emphasised the importance of this role for the OPW.