Adelaide and Suburban Waterworks Act 1874 (SA)

ANNO TRICESIMO SEPTIMO ET TRICESIMO OCTAVO

VICTORIB REGINIIE.

A. D. 1874.

No. 9.

An Act to Consolidate with amendments the Law for providing a con- stant supply of pure and wholesome W a t e r to the C ig of Adelaide, the Towns of Kensington and Norwood, Port Adelaide, and Glenelg, aad'to places in the neighborhood thereof, and for other

purposes.

[Assented to) 6th November, 1874.1

HEREAS it is expedient that the 1a;ws relating to thc supply Preamble+

W of pure and wholesome water to the inhabitants of the City	of Adelaide, the Towns of Kensington and Norwood, Port Adelaide,
and Glenelg, and of the suburbs thereof respectively, and of other places near thereto, should bc consolidated and amended-Re it therefore Enacted by thc Governor of the Province of Soutlr Aus- tralia, by and with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Paxlia-
merit assembled, and by the authority of the same, as follows:
Preliminary-

1. This Act may be cited as '&The Adelaide City, Port, and Short titlam

Suburban Waterworks Act."

2. In this Act, and in thc Schedules to it, the f allowing words and I n t ~ ~ ~ " ~ ~ of

certain worde.

phrases respectively s1wll, except where the same would be inconsis-

tent with the subject-matter or context, have the meanings this

section assigned to them respectively, that is to say-

" Person " (in addition to the rncanings given to it by thc Act No. Person.

9 of 187 2) includes unincorporated companies and partner-

ships; and the word " consumer " includes person: Coneurner.

K 'L Province "

37" & 38" VICTORIB, No. 9.

The Adelaide Ci&, Port, and Suburban Wntemuorks Act.-1874.

-

- -

Province. G Province " means the Province of South Australia:

Commissioner. " Commissioner " means the Commissioner of Waterworks for the

Frovince:

Undertaking. Undertaking " shall mean the waterworks and the works con- nected therewith, heretofore constructed or heretofore or hereby rtutlwrized to be constructed or completed, extended and maintained, and shdl include all pipes and prescribed fittings laid down or fixed by the Commissioner, and all lands held or used by him for the purposes of this Act:

Justices. " Justices " means Justices of the Pcace for the Province:

Owner. " Owner " irlcludes the agent or other person authorizcd to act or

usually acting on the proprietor's behalf:

Lands. G Lands " includes rnessuages, lands, tenements, and hereditaments

of any tenure:

streams. Streams " includes springs, brooks, rivers, and other running

watcrs:

Ilmde and streama.	Lands and streams " mcan those lands and streams which have heretofore been, or may hereafter be, lawfully taken, acquired, or used, for the purposes of the undertaking:
Street.	Street" includcs any public square, court, or alley, highway, lane, road, thoroughfare, pssage, or place, situate within the water- area:

Water-rats " Water-rate " includrs every rent payable, and every reward or payment to be made, whcthcr under an agreement or other- wise, to the Commissioner for a supply of water from the waterworks for any purpose whatever:

Cattle. Cattlc " includ-es neat cattle, horses, asses, mules, sheep, goats,

and pigs:

Carriages. Carriages " indndes all such vehicles as are usually cleansed by the use of .water:

Vacant lands. Vacant hnds " means those unoccupied lmds which, being appurtenant to, or used in connexion with any building, and whethcr such lands are used for the depasturing of cattle thereon or othcrwise: situated within the water-area, are not built upon, and are not

Unoccupied lands.

uUnoccupied lands" means land which has been or may be

declared to be unoccupied in Llw rilalmer hereinafter pro-

vided, but which is not " vacant land " within the meaning

of the next preceding definition:

Premises.	Prcmises " means and includes any dwelling-house, and xfly part of a dwelling-houso, and any gardcn, stable, yard, or other offices, used together or in connexion with any dwclling- house, or any part of a dwellinghouse:
Prescribed,	Prescribed" means prescribed by any regulation made under the authority of this Act: c& Fittings "

37" & 38TICTORIA3, No. 9. -.

The Adelaide City, P a t, and Suburban Waterworks Act.-1874.

.-

U Fittings " includes communication-pipes, stand-pipcs, and all Fitting&

other pipes, and also all cocks, valves, meters, syphons, &terns, and other apparatus used or intmdcd for the' supply of water under this Act, by the Commissioncr to a consumer, and for that purpose placed in or about the lands or premises

of the consumer:

Water-area " means and includes the City of Adelaide, the Cor- Waby-ayeh.

porate Town of Kensington and Norwood, tllc Town of Port Adelaide, thc Corporate Town of Glcnelg, and every district, town, township, village, and place, as well as all lands and premises, mentioned or described in the Second Schedule to this Act:

3. This Act is divided into parts, which relate to the following Dirialanof A O ~.

subject matters-

The First Part.-To thc incorporation and repeal of Acts:

The Sccond Part.-To the incorporation of the Commissioner, and

to his propcrty, rights, powers, and personal immunity:

The Third Part .-To the construction, maintenance, and ex-

tension of the undcrtrtlring:

The Fourth Part.-To the supply and distribution of water

throughout the water-area:

The	Fifth Part.--To	the protection of the water, fittings, and
works:

The	Sixth Part.-To finance, including asscssmcnt, collectors, rates, a!lowanccs for part of cost of service-pipes to tenants
and consumers, returns, and ztccount~~ :
The	Seventh Part.-To penalties, &c.:
The	Eighth Part.-To legal procedure, irlcluding appeals, recovery
of moneys, cviderlce, and othcr lcgal subjccts.

PART I.-Incorporation of Acts, and repeal of existing Acts: PART I.

4. The I.ands Clauses Consolidation Act (save and except the one Incorporatio~of parts

hundred ard twenty-seventh section thcrcof), and An Act, No. 26 of of other Acts. poses of this Act, the expression The Promoters of the Under- taking," whenevcr used in thc Lands Clauses Consolidation Act, shall mean the Commissioner, and the words Sl~ccial Act " shall mean this Act. All the scctions of the Railways C:Inuscs Clonsoliciation. Act which are enacted with respcct to the kmporary occupation of lands near the railway during the collstlvctiotl thcwof," are, so far as they are applicable, and except where rxprcssly verivd by this Act, incorporated with, and form part of, this Act; and, for tllc pnlyoscs of this Act, the words Company " and G Railway," whenever used in those sections, shall respectively mean the 'LComrnissioner " and

1835-6, to amend the 1,anti Clauses Consolidation Act, arc, so far as

the same are applicable, and except where expressly varied by this

the

38 3V & &B0 VICTORIX, No. 9.

The AdeZaide City, Port, and Suburban Waterworks Act.-1874.

L the undertaking," and the words " Special Act" shall mean this Act. All the incorporated sections of the Lands Clauses Consolida- tion Act, and of the Railways Clauses Consolidation Act, shall apply to the completion, maintenance, and cxtension of the undertaking, as well as to the construction thereof.

Repeal. 5. The enactments described in the First Schedule to this Act are

hereby repealed, subject to the exceptions in that Schedule men- tioned: Provided that where any enactment not comprised in that Schedule has been confirmed or revived by any enactment hereby repealed, such confirmation or revi-vor shall not be affected by the repeal effected by this Act; and the repeal by this Act of any enact+ ment shall not, save as is expressly mentioned herein, affect any Act

in which such enactment has been applied, incorporatcd, or referred

to, unless such last-mentioned Act is dcscribed in the said Schedule; and this Act shall not a,ffect the validity., invalidity, cffect, or conse- quences of any act already done or suffered, or any existing status or capacity, or any right or titlc already acquired or accrued, or any remedy or proceeding in rcspcct thereof, or any release of or dis- charge from any debt, penalty, claim, or demand, or ,any indemnity,

or the proof of any past act or thing.

Panr XI. PART 11.-The Incorporation of the Commissioner, his rights,

powers, property, and personal immunity:

Commissioner of

Public Work8 to be 6. The Commissioner of Public Works for the time being shall

Commiaeioner	be the Commissioner.
Waterworks.
Oommiseioner to be tt	7. The Commissioner and his successors in o6ee shall be, and he is and they are hereby madc, for thc purposes of this Act, a body cor- porate, under thc name, style, and titlc of The Commissioner of Waterworks," and shall by that name be capable forthwith of exer- cising a,ll the functions of an incorporated body, and shall have by that name a perpetrml succession and a seal, and shall and may by that name sue and Be sued, plead or be impleaded, in all Courts and before all Justices and others, and shall have power to purchase,

corporate.

take, hold, and dispose of of the undertaking; and all lands, with all iights, privileges, and lands and other property for the purposes	easements incidental thereto which have heretofore bcen acquired
for the purposm of the undertaking, and which are now vested in the present Commissioner of Public Works for the Province, or i.n
any of his predecessors in that officc, their respective heirs, ~secntors,
administrators, and assigns, for the y~irpoees of the undertaking, shall, immcdiatvly on the passing of this Act, be and become vested in the prescnt Commissioner in his corporate capacity and his suc- cessors in that office for cvcr in trust for the purposes of the under- taking; and every grant, conveyance, lease, memorandum of lease, memorandum of transfer, certificate of title, deed, or other instru- mcnt under which any such lands are held shall be read and con- strued as if the same respectively had been expressed to bc made or issued to C c The Commissioner of Waterworks," his successors, and assigns., 8. The

37" Bz: 38" VICTORIB, No. 9. .-.

The Adelaide City, Port, and Suburban Waterworks Act.-1874. ---

PABT xr.

B. The benefit of all contmcts, bonds, securities, and things in

,tion which shall have been vested in the predecessor in office of ve8aos ofoontrao&

the Commissioner for the time being when such predecessor ceased t:G:i;;;z~,~e

to be Commissioner, shall be transferred to and vested in and enure

for the benefit of the Commissioner for thc time being, in the same

manner as if he had been contractet1 with instead of such.

cessor, and as if his name had been inserted in all such contracts,

bonds, and securities, instead of thc name of such predecessor; and

all pcrsons who then owcd any moneys to such predecessor, or to

any person on his behalf, shall pay the same to the Commissioner

for the time being, and all moneys due and owing by such prede-

cessor shall be paid by, or be recoverable from, the Commissioner

for the time being.

this Act, such engineer, manager, secretary, solicitor, clerks, col- appoint 05aera. 9. The Commissioner may appoint and employ for the purposes of Cornminaioner to

lectors, messengers, and other officers, at such reasonable salary, pay, or reward as to him may seem meet, and may also, at his discretion dismiss and dischaqe all or any of such officers and appoint others ia their stead: Provided that the salaries or rewards

of all persons appointed and employcd by such Commissioner, under

the authority of this Act, shall be annually voted by Parliament.

10. The Commissioncr may make all such regulations as shall Powerbmakeregula-

seem to him nccessury or expedient for preventing and remedying	t i m e and form#.
the waste, misuse, undue consumption, fouling or contamination of the water belonging to or supplied by him, and for protccting the watcr, prescribed fittings, and undertaking, and cvcry part thereof, from trcspass and injury. He may, by any regulation made by him under this Act, or (in any case) by an ordcr under his hand and seal, prescribe the siac, mturc, description, strength, and mate- rials, and the mode of a~rangement, altcration, arid repair of the baths, water-closets, soil-pans, or other receptacles, and of the fittings which shall from time to timc for the purpose of conveying, dcliver- ing, or receiving watcr supplied or intended to be supplied by the Cummissionn; be placed or used upon or in, or affixed or attached to,	any lands or premises to which he supplies, or has been requested,	or agreed to supply, any water under this Act; and may, by any such
regulation, interdict any mode of arrangement, and the user of any fittings and water-closets, the use of which may, in his judgment, c ~ s e - or tencl to cause any such waste, misuse, undue consurription, fouling, or contamination.
The Commissioner may also make all such regulations as he shall think proper with respect to regulating the conduct of all thc officers, workmen, and servants appointed, employed, or hircd by him under and for the l~ur~~ose~s of this Act, and for the making, levying, and collecting of water-rates, and providing for the d~le management and use in all respects whatsoever of tllc water and other property of the Conmissioner, and of the undertaking, and for its construction, completion, maintenance, and extension, and may also make, and by any such regulation, prescribe the several forms which shall be used

under

40 37" & 38" VICTORIB, No. 9.

The Adelaide City, Port, and Suburban Waterworks Act.-1 874.

PART 11. under or for the purposes of this Act, and may alter the same from time to time as shall seem to him expedient, and may from time to time abrogate entirely any or all of the prescribed forms, and substi- tute new ones whenever he deems it expedient so to do for the

t	purposes of this Act.
The Commissioner may also fix by any such regulation the level which water supplied from the constant supply must reach at any particular place within the water-area; the quantity of water which consumers shall be entitled, upon payment of the water-rates, to receive from him for domestic or other purposes; and the price which shall be charged to and paid by such consumer for the water supplied to him by the Commissioner for domestic or other purposes in excess of the prescribed quantity.
The Commissioner may also, in any such regulation, specify the purposes other than domestic for which, and the persons or classes of
persons to whom, he is prepared to supply watcr under agreement,
and the general and special terms and conditionsupon which he will ,
supply it, and which shall be or be deemed to be incorporated with and embodied in any such agreement (whether written or otherwise) as part thereof; and the Commission& may also, by any such regula-
tie;, specify how far within the cxterior edge of lands and premises
in the water-area prescribed fittings may be laid down, placed, or fixed therein or thereon, or attached thereto, by himself or any person authorized by him.
The Commissioner may vary or repeal 311 or any existing regu- lations and by-laws madc, or purporting to have been made, under or in pursuance of all or ar,y of the Acts hereby rcpcalcd, and make all such further and additional regulations as shall secm to him meet for fully and effectually iarrying out and giving force and effcct to the various purposes of, and the various provisions, powers, and authoritics contained in, this Act, and also such regulations as shall secm to him meet for preventing the violation or infringement of anv of those purposes, pro~isions, powers, or authoritics, or of any such regulation; but no regulation made under this Act shall, save as hereinafter provided, be published, or have any force or effcct, until it has been appmved of by the Governor; and every wch regulation,
madc or purporting to be made in pursuance of this section, and to have been approved of by the Governor, shall, when published in the Government Gaxette, havc the force of law: Provided that the Com- missioner &all not make any regulation repugnant to the laws of the Province: Provided also, that whenever any rirr.umstanccs happen which in the judgment of the Commissioner render it necessary or proper for him to make and to put in force in pursuance of this Act, any regulations before the same have been approved of by the Governor, or havc been publishcd in the Government Gazette, the Commissioner may make under his hand and scal, and put in force such regulations, without their having been approved of by the Governor or published in the Government Gazette, and such last- mentioned regulations so signed and sealed shall have the force of law, but shall, so Boon as conveniently may be after the making

thereof,

3Y" & 38" VICTORIAE, No. 9.

The Adelaide City, Port, and Suburban Waterworks Act.-1874.

thereof, be submitted by the Commissioner to the Governor, and such	PART	rr.
(if any) of them as shall be thcn disapproved of by the Governor shall not remain in force, but shall, from a time to be fixed in that behalf by the Governor, cease to have the force of law, save so far as may be necessary for protecting the Commissioner and others who acted by or undcr his authority against and from the consequences of any acts done by him or them in pursuance of such regulations.

11. Thc Commissioner may, in one or more of the prescribed regulation speoif ing Commissioner to mats

regulations, specify the purposes for which he is prcpared to supply	purpasar for w h i J he
watcr under agreement, and he may refuse to enter into an agree-	will supply water
ment to supply water for any purpose not specified in such regula-	under agreement.
tions.

12. Every regulation made by the Commissioner under t h ~ s Act Regulations to be published in the

shall, so soon as conveniently may be after the making thereof, be	ffacctte.
published in the Government Gaxette, and the by-laws, with the Schedule thereto, made or purporting to be made in pursuance of

-	the Acts No. 14 of 1870-71, and No. 15 of 18'70-71, and published in the Government Gazette on the twenty-first day of November, one thousand eight hundred and seventy-two, shall, until varied or repcalcd, be dcemed to be and to have been valid.
13. The whole of the undertaking, and all the materials and things, including the pipes and the other (if any) prescribed fittings, Undertaking and

water in it to be pro-

perty of Commie-

which now form, or which at any time hereafter shall form, part thereof,

sioner.

shall be and be deemed to be, and all water which now is, or hcrc- after at any time shall be, in any reservoir, pipe, or other part of the undertaking, shall be and be deemed to be the property of the Com- missioner, and shall be held and used by him for the purposes of the undertaking.

14. I t shall be lawful for the Commissioner to pay, out of any moneys at his disposal under this Act, ~iny sum due by him under

Payments to be made

by the Commiaeioner.

any agreenicnt lawfully made for, or in accomplishing, any of the purposes of this Act, and any sum recovered against him by any

purporting to be made, under this Act, he is directed to pay for, or

process of law or cquity, and any sum which, by any order made, or

by way of, compensation, damages, costs, fines, penalties, forfeitures,

or otherwise howsoever.

15. The Commissioner shall not be personally liable to pay or C o m m i ~ i o n e ~ n o t ~

make good any sum of money which shall at any time bc recoverable be personally liable.

undcr this Act from him, or be due by him, as Commissioner, or

recovered as damages for any act done, or omitted to be done by him

in the bond f ide belief that he is acting in pursuance of this Act.

16. The Commissioner may authorize such person as he shall think commiaaioner map

proper to do all or any of the acts, matters, and things which the delegate his powerm.

Commissioner is hereby cmpowercd or required to do; and every person so authorized shall have and enjoy all such and the like

powers

370 & 380 VICTORIB, No. 9.

The Adelaide City, Port, and Suburban Waterworks Act.-1 874.

PART	*L	powers as are hereby conferred on the Commissioner to enablc him to do such acts, matters, and things respectively; and all such acts, matters, and things, when done under such authority, shall be as valid and cffcctual as if they had becn done by the Commissioner; and every person so authorized shall have and enjoy in respect of each such act, matter, or thing so done by him, all such immunities from personal. liability as the .~ommissioier would have had or enjoyed if he had done sudl act, matter, or thing.
PART	rrr.	PART 1x1.-The construction, maintenance, and extension of the

undertaking:

Commissioner to con- 1'7. Subject to the grovisions of this Act, the Commissioner shall,

I

rtruct, complete and	,&hin,dedb,	in accorda&.x with the plans and sectiom which have already been de~ositcd in the office of the Survevor-General, with reference to the undertaking or any part thereof, oiwhlch may hereafter be deposited under this Act, or any Act amending or incorporating the same or any part thereof, construct such p a ~ t of the undertaking as has not been completely constructed, and shall maintain in good working order and repair the wholc of thc undertaking, and may enter upon, take, and use such of the lands Gelineated or shown on the said plans, and described in the said books of reference, as shall have been or may be acquired or required for the purposes of the undertaking, and also sqch other lands, if any, as hc shall deem necessary for providing proper roads m other approaches, whethcr temporary or permanent, thereto.
Principle of C O ~ B ~ U C -	18. The undertaking shall be constructed, completed, and main- taincd in a manner such as will enable the Commissioner to afford and distribute, and he shall, so far as, and whenever he can, provide and keep in the reservoirs and pipes of tly undertaking, a constant supply of pure and wholesome water, sufficient for t h domestic and prescribed purposes of all owners and occupiers of lands and premises within the water-area, and the Commissioner shall, so far as and whenever he can (save during such timc as is rmluiite for making
tion.
proper or necessary repairs), cause such supply to bc constantly laid on at a yrcssurc such as will make such water reach at any place
within the water-area thc prescribed level with respect to such place. This supply is, throughout this Act, designated and referred to as a

constant supply."

Errors and omi~sions 19. If any error, omission, misstalemcnt, oi wrong description,

in plans &C., may be

corrected by Justices,	shall have been, or shall be made of any lands or streams, or of the
&c,, who shall certify
the eame.	owners, lessees, or occupiers of any lands or streams dclincatcd or shown on the plans and sections, or described in the books of refe- rence deposited heretofore in the office of the Surveyor-General as aforesaid, or which shdl hereafter be deposited. there under this Act, the Commissioner, after giving ten days' notice, in writing, to the owners, lessees, and occupiers of the lands or streams affected or likely to be affected by the corrcction of such error, omission, misstatement, or wrong description, may apply to two Justices to

correct

37" & 38" VICTORIB, No. 9. 43

The Adelaide City, Port, and Suburbun Waterutorks Act.-1874.

P * a ~ Irl.

correct the same; and if it shall appear to such Justices that it is expedient and not unjust to correct such error, omission, misstate- ment, or wrong description, they shall give the Commissioner a certificate, in such form as they shall think proper, and shall in such certificate state the particulars of any such error, omission, misstate- ment, or wrong description; and such certificate, with the docu- ments to which it relates, shall be deposited with the other documents to which they relate, in the office of the Surveyor-General, and thereupon such plan, section, or book of rcference, as the case may be, shall be dcemcd to bc corrected according to such certificate; and the Commissioner may make, complete, extend, and maintain the works in accordance with such certificate as if such error, omission, misstatement, or wrong description had not been made.

20. The Surveyor-General shall keep the said plans and all other Survepor-Generd to

documents deposited with him for the purposes of this Act, and shall ~ ~; ~; ? $ ~, n ~ ~ ! md

allow all persons interested to inspcct any of the documents asfore- allow inspaction.

said, and to make copies of and extracts from the same free of

charge.

21. Subject to the provisions and restrictions contained herein, Commissioner may do

the Commissioner may, as the casc shall require, do, or continue ,,,,e,e,tainworks,	certain act0 and
such of the following acts, and may execute or complete such of the following works as he may deem necessary or expedient for con- structing, completing, extending, and maintaining the underhking, and supplying water under this Act; that is to say, he may enter upon such of -the Zands and 0 t h places shown or delineated on the plans and sections, and described in the books of refercncc, which have been, or which shall hereafter be, prepared and deposited in the office of the Surveyor-Gcncral with rcference to thc undertaking or any part thereof; and also upon such other lands as are necessary for enabling him to supply water u n d ~ r this Act to other lands which arc situate within two milcs of tb.c main pipe, through which the water is conveyed from the Thonidon Park Reservoir to the City of Adelaide and to the Corporate Town of Kensington and Norwood, or from thc City to the Corporate Town of Port Adelaide,	or from the City to the Corporate Town of Glenelg, as he may	require to enter upon, take, or use for the purposes of the under-
taking, and take levels of the same, and set out such parts thereof
as he shall deem necessary, and dig and break up the soil of such
lands, and trench, and sough, and fcnce in the same, and remove or
use all earth, stones, mines, minerals, trees, and other things dug, or
otherwise gotten out thereof. He rimy sink such wells or shafts,
and make, maintiltin, alter, or discontinue such reservoir, waterworlrs,

cisterns, tanks, aqueducts, drains, cuts, sluices, pipes, culverts,	,
engines, and other works, and erect such buildings upon thc lands and ovcr such streams authorized to be taken by him, as he shall think proper, for giving a constant supply of pure water to every person who shall be entitlcd to requirc or receivc such supply under this Act. XIc may divert and impound the water from the streams mentioned for that purpose in the plans of the said undertaking,

L and

37" & 38" VJCTORIB, No. 9.

The Adelaide City, Port, and rS'uburban Waterworks Act.-1874.

and books of reference thereto, which have been, or may hereafter be, deposited for the purpose of the undertaking, in the office of the said Surveyor-General, and alter the course of any such stream; and also take such waters as may be found in and under, or on, the lands to be taken for constructing the undertaking: Provided always that, in the exercise of the powers conferred on him by this section, the Commissioner shall do as little damagc as can be, and shall, in all cascs in which it is possible to do so, provide othcr watering places, drains, and channels for the use of adjoining lands, in place of such as he shall ham taken away or interrupted, and shall make to every person interested full compensation for all damage sustained by such person, through the exercise of all or any of those powers.

Power t o take tempo- 22. I t shall be lawful for the Commissioner to enter upon any r~p0a6ea8i0n0f1.na lands not being more than two hundred yards distant from the

works or undertaking, and not bcbg a gardcn, orchard, or planta- tion attachcd to or belonging to a house, nor a park, planted walk, avenuc, or ground ornamcntally planted, and no part thereof being within five hundred yards of the mansion-house of the owner of any such lands, and to occupy the said lands so long as may be ncccssary for thc purposes of this Act and of the undertaking, or of thc accom- modation works connected therewith, and to use the same for any of the following purposes (that is to say) :-

For the purpose of taking earth, by side-cutting~,	therefrom:
For the purpose of depositing soil thereon:

Far the purpose of obtaining materials therefrom for the construc-

tion or repair of the works or undertaking or such accommo-

dation works as aforesaid: or

For the purpose of forming roads thereon, to, or from, or by the

side of, ihc works or undertaking:

And, in exercise of the powcrs aforesaid, it shall be lawful for the Commissioncr to deposit, and also to manufacturc and work, upon

undertaking, and also to take from any such lands any timber, and such lands inatcrials of every kind used in constructing thc works or	also to dig and h k c from ont thereof any clay, stone, gravel, said,
or other things that may bc found therein useful or proper for con- structing the works or undertaking or any such roads as aforesaid; and for thc purposes aforesaid, to crect thereon workshops, sheds, and othcr buildings of u temporary nature: Pravidcd always that nothing: in this Act contained shall exempt thc Comrnissioncr from any actlon for nuisance or othcr injury (if any) done in the exercise of the powers hereinbefore given to thc lands or habitations of any party other than the party whose lands shall be so taken or used for any of the purposes aforesaid: Provided also, that no stone or slate
quarry, briclificld, or other like place which, at the time of the passing
of this Act, shall be commonly worked or used for getting materials therefrom for the purpose of selling or disposing of the same, shall be taken or used by the Commissioner, either wholly or in part, for any of the purposes hereinbefore mentioned. 23. If

37" & 38" VICTORIB, No. 9.

The Adelaide City, Port, and 8uburbaa Waterworks Act.-1874.

--

23. If in any case in which, by this Act, the Commissioner is authorized to enter upon, and takc possession of, any lands required bceeding	PART	111.
in of

for the purpose of the works or undertaking, the owner or occupier refusal to deliver PO+ session of lands.

of any such lands, or any other person, refuses to give up the possession thereof, or hinders the Commissioner from entering upon and taking possession of the same, it shall be lawful for the Commis- sioner to issue his warrant to the Sheriff to deliver possession of the same to the person appointed in such warrant to receive possession thereof; and so soon as he can after the rcccipt of such warrant the Sheriff shall deliver possession of any such lands accordingly, and the cost accruing by reason of the issuing and execution of such warrant shall be settled by the Sheriff, and shall be paid by the person refus- ing to give possession, and the amount of such costs shall bc dcducted and retained by the Commissioner from the compensation (if any) payable to such party; or if no such compensation be payable to such party, or if the same be less than the amount of such costs, the amount of such costs, or the excess thereof beyond such cornpcnsa- tion, as the case may be, if not paid on demand, may be recovered by the Commissioner as money due to him under this Act.

24. Whenever a person entitled under the next preceding section Amount of compema-

to receive compensation does not agree with the Commissioner on tiOn	besettled*
the amount thereof, that amount shall be ascertained and settled in the manner provided by the Lmds Clauses Consolidation Act for the settlement of disputed claims for compensation.

25. Persons empowered by the 1,ands Clauses Consolidation Power to take ease-

Act to sell and convey or lease lands, shall, upon being required in ments, &C.

writing by the Commissioner so to do, but subject to the provisions

of that and of this Act, grant to the Commissioner any easement,

right, or privilege in, over, or affecting such lands, and which he

deems it necessary or expedient to require for the purposes of the

undertctking.

26. The Commissioner, before acquiring or using, whether per- Commieioner to deposit plans before

mantntly or temporarily, for the purposes of the undertaking, land, a,puiring or

or anv r i ~ h t OF easemerit in or ovcr land otherwise than by agree- lands.

ment kit; thc parties interested therein, or enabled to sell and c&vcy

the same, shall deposit in the office of the Surveyor-General for the

Province, a plan showing the quantity of land or the particulars of the right or easement which he may require for the purposes of thc undertaking and of this Act.

27. The Cornmissiozler may sell or otherwise dispose of any land Commissioner may oell surplus land and

or other property whatever vested in him under this Act, which he propertp.

thinks may be properly sold or disposed of because not needed for

the purposes of the undertaking, and may transfer or convey such

land or other property to the purchaser, or as he shall direct, and his

receipt shall be a sufficient discharge to the purchaser for the pur-

chase money in such receipt expressed to be received, and the moriey

accruing from the sale or other disposition of such property, shall be

paid

46 37" & 38" VICTORIB, No. 9.

The Adelaide City, Port, and Suburban Witerworks Act.-1874.

PABT 111. paid by the Commissioner to the Treasurer of the Province for the

" time being, and shall be carried by him to the account of the Com-

missioner for the purposes of this Act.

Power to conatmct 28. The Commissioner shall construct and erect all works neces-

accommodation workr

digerencee 88 sary for making good the interruption caused by the exercise of any

them to be settled by of the said powers to the possession or enjoyment of any lands Juatices. adjoining or near any part of the undertaking, or otherwise necessary

for the accommodation of such lands; and if any difference shall arise respecting the construction of any such accommodation works, or the kind, or size, or sufficiency thereof, the same shall be deter- mined by two Justices in the manner provided by the Lands Clauses Consolidation Act for the determination of questions of disputed compensation.

Power to make roads. 29. The Commissioner may make or maintain (as the case may be) upon or over the lands which have been or may hereafter be taken or used for the purposes of this Act and the undertaking, such roads or other like mems of communication as hc may deem necessary or proper for cffcctually executing those prpo&s, and making all proper approaches to the undertaking, whether such approaches are permanent or needed only for a temporary purpose; and may repair, amend, and fence in such roads or other means of communication, and may cause all or any of them to be used exclusively for those purposes, or may, at his discretion, permit the public or any particular person to use all or any of them, upon such (if any) terms and subject to such (if any) conditions as he shall think it proper to make or impose, and he shall have powcr to dedicate all or any of such roads or other means of communication permanently to the use of the public, but the public or any parti- cular person shall nat acquire any right to use, or any privilege or easement in respect to all or any of them, save such as shall be exprcssly granted or dedicated by the Commissioner in conformity with this section

Power to break up 30. For the purpose of constructing, extending, and maintaining

etreets, &c.

the undeutakmg, the Commissioner, under such superintendence

is hereinafter spccified, may open and break up the soil and pave- ment of the several streets and bridges within the water-area, and any sewers, drains, .or tunnels within or under such streets or bridges, and l a ~ down and place within the water-area pipes, conduits, service pipes, other prescribed fittings, and other works and engines, and repair, alter, or remove any of them, and for the aforesaid pur- poses may remove and use all earth and materials in and under such streets and bridges, and do all othcr acts which thc Commissioner shall deem necessary or expedient for constructing and maintaining the undertaking, and shall do as Little damage as can be in the execution of the powers hereby granted, and for any damage which may be done in the execution of such powers, he shall make com- pensation in the manner provided for the settlement of disputed claims for compensation by the Lands Clauses Consolidation Act.

31. Before

330 & 38" VICTORIB, NO. 9. 47

The Adelaide City, Port, and Suburbarc Waterworks Act.-1874.

31. Before the Commissioner opens or breaks up any street, PART III.

bridge, sewer, dmin, or tunnel, he shall give to the person under Notice to be served

whose control or management the same may be, or to their clerk, persons having control, &C., before

surveyor, or other officer, notice in writing of his intention to opcn breaking up S W C ~ ~, or

or break up the same, and such notice shall be given not less than opening drains.

three clear days before beginning such opening or breaking up,

except in cases of emergency, which in the opinion of the Commis-

sioner justify him in omitting to give such notice, and in every such

case he shall give the notice as soon as he convcniently can after thc

beginning of such opening or breaking up, or after the necessity for

the same shall have arisen.

32. No such street, bridge, sewer, drain, or tunnel shall, except Street8 or drains not

in the case of such emergency as aforesd, he opened or broken up ~ ~ ' ~ ~ j ~: ~ L ~ ~ ~: :

except under the superintendence of the persons having the control tendence of persons having control of the

or management thereof, or thcir officcr, and according to such plan , as shall within the three days next after the receipt of such notice be proposed by such persons or thcir officcr, or, in case of any diffe- rence respecting such plans, then according to such plan as shall be determined by the Surveyor-Gcncral or other competent officer to bc appointed by the Governor; and such Surveyor-General or other officer may, on the application of the persons having the control or management of any such strcet, bridge, scwor, drain, or tunnel, or their officer, require the Commissioner to make such temporary or other works as he may think necessary for guarding against any in- terruption of the drainage during the execution of any works which , ,

interfere with any such scwer or drain: Provided always, that if If personshaving the control, "$C., fail to

the persons having such control or management as aforcsaiid, and ,,pintend, ~ommie-

their officer, aftcr having received such notice as is mentioned in ~ , " ; O ~ ; ~ ~ ~

the next preceding section, fail to attend at the time fixed for thc them. opening of any such street, bridge, sewer, drain, or tunnel, or s l d l not, within the three days next aftcr reccipt by them of such notice, propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the Commissioner may perform the work specified in such notice without the superin-	tendence of such persons or their officer; and in case such a plan	has been proposed by them, but a difference respecting it has arisen,
then the Commissioner shall not commence any such work until some plan has been determined upon in that behalf by the Sur- veyor-General or other competent officer appointed by the Govtr nor as aforcsaid.

33. When the Commissioner shall open or break up the road or Streets, &C., broken

pavement of any street or bridge, or any sewer, drain, or tunnel, he ~ ! ~ o $ ~ ~ ~ ~ a t ' d

shall with all convenient speed complete the works for which the

same shall have been broluk up, and fill in the ground, and rein-

state and make good the road or pavement or the sewer, dmin, or

tunnel so opencd or broken up, and carry avay the rubbish occa-

sioned thereby, and shall keep the road or psvoment which has been

so opened or broken up in good repair for three months after

replacing and making good the name, and for such further time, if

any

3'7" & 38" VICTORIB, No. 9.

The Adelaide City, Port, and Suburban Waterworks Act.-1874.

PART rrr, any, not being more than twelve months in the whole, as the soil so opened or broken up shall continue to subside, and shall at all times whilst any such road or pavement shall be so opened or broken up cause the same to be fenced and guarded, and shall cause a light sufficient for the warning of passengers to be set up and kept there- against cvcry night during which such road or pavement shall be continued open or broken up.

Compensation for

delay in reinstating	34. If the Commissioner shall open or break up any street or bridge, or any sewer, drain, or tunnel, without giving such notice as hereinbefore is provided, or if' the Commissioner make any unneces- sary delay in completing any such work, or filling in the ground, or reinstating and making good the road or pavement so opened or broken up, or in carrying away the rubbish occasioned thereby, or if he shall neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, he shall make to every interested person reasonable cornpenvation for any damage actually sustained by such person through or in consequence of any such act, delay, or neglect; and the amount of such com- pensation, if it has not been agreed upon between any such person and the Commissioner, shall be fixed by two Justices in the manner providcd by the 1,ands Clauses Consolidation Act for the deter- mination of questions of disputed compensation.
~treets, &C.
In certain oaaes,par-

ties other than the 35. If the Cornmissionc?r, having, for the purposes of the under-

Commissionermay taking, opened or brokw up any street, bridge, sewer, drain, or

reinstate, and recover tunnel, keeps the same open or broken up longer than is reasonably the expenses.

mccssary, or makes anv unnecessary delay in Wing in the ground, or in reinstating and maki:lg good the road or pavement of any such street or bridge, or the sewer, drain, or tunnel so opened or broken up, or in carrying away the rubbish occasioned thereby, or i f he shall neglect to cause the place where such road or pavcment has been opened or brokm up to bc fcnccd, guarded, and lighted while it is so opcncd or broken up, the persons having the control or managc- ment of the street, bridge, sewer, drain, or tunnel, in respect of

which such delay, omission, or neglect shall have taken place, may

cause to be executed or done the work or act so delayed, omitted, or

neglected co be executed or donc; and all the reasonable expense of executing or doing the same shall be reimbursed to them by the Cornmissioncr, out of any moneys at his disposal under this Act; and if any dispute arises between them and the Commissioner, touching the nature, legality, or amoullt of the expenses claimed by them in that bchalf, every such dispute shall be determined by two Justices, in the manner provided by the Lands Clauses Consolidation Act for the determination of questions of disputed compensation.

paRT Iv. PART IV.-The supply and distribution of water throughout the

water-area.

water to be supplied

free to Government

36, The Commissioner shall, so far as and whenever he can afford

and

37" & 38" VICTORIB, No. 9.

The Adelaide City, Port, and fiburban Watwworks Act.-1874.

and distribute free of charge a full and sufficient supply of water

to-	and Corporate lands,
kc., within the water-
area.

I. All lands and buildings which arc situate wholly within the water area, and are used by the Government of the Provincc, or by onc or more of the officers or servants of snch Govern- ment, exclusively for the public purposcs of such Goverrnent: and to

11. The respective Corporations of the City of Adelaide and of the Town of Port Adelaide for the purpose of watering the streets of the said city and town respectively, and also to all lands and buildings which arc: situate within the water-area, and are occupied and used by either of those Corporations, exclusively for public purposes, and are not underlet to or occupied for other than public purposes by tenants of such Corporations respectively: Provided that no lands or buildings which the said Corporations may haw a right to resume at will or upon three months' notice shall be deemed to be liable for water-rates after such resumption.

37. The Commissioner shall, so far as, and whenever he can afford and distribute to all persons entitled to receive it under this Act,	Commiesioner to
afford constant supply
a, constant supply of wiltrr for domestic and prescvihrd purposcs in the manner prescribed by this Act, and by the regulations madc under it: Provided that the Commissioner shall not be bound to supply water to any person for any purpose whatever, unless all water-closets, fittings, and the mode and arrangement thercof which are to be used are, in the judgment of the Commissioncr, those prescribed in that behalf by this Act and the regulations made under it.

been diminished to such ari extent as to render it necessary or espe- for domestic purposes. 38. Whenever the quantity of water stored in the reservoirs has Powertolessensup~l~

dient in the opinion of thc Commissioncr to lcsscn the qutantity of water supplied for domestic purposcs, he may, with the sanction of the Governor, lessen or discontinue it throughout the whole or any	part of the water-area in such manner as he shall think proper:	Provided always, that before he di scon tirlues or lessens the supply
for domestic purposes, he shall give such public notice as he shall think fit of his intention so to do;

39. The Commissioner may cut off the water supply from any Water supply may be

lands or premises when the same shall have remained unoccupied for $$'zrn

unOccu-

three months, or whcn any rates, water-rates, or chargcs for pre- scribed or other pipes or fittings shdl haw rclnairlcd unpaid for fourteen days after they became duc; and whenever the lands shall again be occupied, or (as the case may be) all rates and all charges for prescribed or other pipes and fittings shall have been paid, the water supply shall, on demand made in writing by the owner or occupier thereof, be restored, upon yayment of the cost of such cut- ting off and restoration: Provided that cutting off the water shall be deemed a cumulative remedy for enforcing payment of the water-

rate,

37" & 38" VICTORIB, No. 9.

The Adelaide City, Port, and Suburban Waterworks Act.--1 874.

PABT IV. rate, and shall not relieve the owner or occupier from any liability in respect thereof.

Power to bupply 40. Subject to the provisions of this Act, the Commissioner may

agreement

for non-domestic	agree with any owner or occupier of lands or premises situate wholly
purposes.	within the water-area, but not elsewhere, to supply to him, from the undertaking, water to be used by him on those lands or in those premises, but not elsewhere, for purposes other than domestic.
Except as hereinafter is provided, all the terms and conditions prescribed in that behalf shall, from the time of making any such agreement be, and be deemcd to be, incoporated with and embodied in it, and to form part thereof: Provided always, that it shall be lawful to declare that those terms and conditions, or such of them as are by express words in such agreement excluded therefrom, shall not be, or be deemcd to be, incorporated with, or embodied in it, nor form part thereof.
Whenever the Commissioner is of opinion that in any particular instance such an agrccrnent ought to contain terms or conditions other than, and in addition to, those prescribed, it shall be lawful for him to require that such terms and conditions of such agrccment as
he shall specify shall be inserted therein, and thc same shall be
signed by him and by the other party thereto.
Evidence of agree-	The mere production of ;.. written or printed application (signed or purporting to bc signed by the applicmt) for a supply of water, for a purpose other than domestic, shall, in every Court, and in every proceeding at law and in equity, be prima fa& evidence that such
ment.
applicant has agreed tc. take such water u p ~ n the terms and subject
to the conditions presxibcd in that behalf.
The Commissioner and every other party to each such agreement shall he deemed to have entered into and signed it, subject to the provisions of this ,4ct, and also subject to every regulation which, having been made under this Act, shall be in force at the making of such agrcemcnt, and the then and every subsequent owner, and occupier of such lands and premises shall own or occupy them, as the case may be, subject to such agreement rrntil it is cancelled, and
shall, until such cancellation, bp bound thereby as if parties thereto.

Water for non- 41. Water supplied by t.he Commissioner to a consumer for a .L L

poses, to bc ~lupplied puh purpog which is neither domestic nor otherwise expressly provided

under written agree-	for by this Act, shall be supplied only undcr or in pursuance of an
ment.	agreement made between each such consumer and the Commissioner: &d all water supplied under or in pursuance 01 such an agreement shall be charged arid paid for by measure, at such a price as shall be fixed in the prescribed manner.

Power to diecontinue	42. Notwithstanding any other provision contained in this Act,
supply for non-

domestic purposes or any contract or agreement entered into bp him, thc Commissioner,

because of scarcity of whcnever he apprehends that, by reason of drought or other cause,

water.

whether natural or not, which has largely dinLiriished the quantity

of

370 & 38" VICTORIB, No. 9.

The Adelaide City, Port and $uburban Waterworks Act.-1874.

of water usually stored in the reservoirs, the quantity of water stored

in them will not suffice for domestic purposes unless he discontinues	PART	IT.
the supply for all or some of the other purposes for which it is then supplied under this Act, may, with the sanction of the Governor, give to the consumers, whom he supplies under agreements, in such manner as he shall think proper, notice that their supply will, from
a &ate mentioned in such notice, bc discontinurd for all purposes
other than domestic; and from and after such date he may dis- continue the supply under such agreements, and shall not be liable upon that account to any proceeding at law or in equity, and such consumers shall not, during such discontinuance, be liable to pay any-moneys due or to accrue due under their respective agreements, save the price of the quantity of water actually rcccived by them respectively under such agreements prior to such discontinuance,

43. Notwithstanding any other urovision contained in this Act, or Power to diecontinua U "

in any agreement to supply water, ;he Commissioner may discontinue ~ ~ P ~ ~ for ~ & ~ ~ ! ; ~ ~ ~

thc supply undcr any such agreement whenever any moneys due to non-pa~mcnt	of price
he pleases, c a r d such agrecknt bccausc of such non-paymmt.
him under it htivc rcmsined unpaid for seven days, and mky also, if or rent. other possessed by him under the agreement, or otherwise.

44. Whcnever any person supplied (whether under agreement or Power to cut 08

othcrwisc) with watcr bv the Commissioner does, or wilfully permits bat,	supply for breach of
to be done, any act which in the judgmcnt of thc Commissioner is a breach of any provision contlljncd in this Act, or in any rcgulatiou

made in pursuance of this Act, the Commissioner may, n~twit~hstanding

any other provision contain& in this Act or in any agr~emmt m d c by

the Commissioner with such person, dircct the supply of wc.t ,i er to

sixh pcrson to be cut off; and tl~crcupoi:~ the Commissioner may at any timc do all acts necessary or proper for cutting off such supply, and may, for accomplishing such purpose and at all reasonable times, enter upon any lands and into any prcmiscs of such pcrson and rcmain there so long as is reasonably necessary for such purpose.

the provisions of this section, such person, or any subsquent owner	Whcnever the supply of water to any person has been cut off under
or occupier, shall not be entitled to have any water supplied to him
by the Commissioner except upon payment of all expense incurred
by the Commissioner in, or in reference to, such cutting off, and upon such other terms and conditions as the Commissioner shall think proper to impose, and the cutting off of the water shall he deemed to be a cumulative remedy for such breach, and shall not relieve the Omer or occupier from any liability in respect of the water-rate.

45. If at any time it appears to the Commissioner that, save Proviaion for nupply to groups of homes,

by means of a stand-pipe or other prescribed fittings placed .,

outside the dwelling-houses next hereinafter mentioned, n constant

supply cannot be well or effectually or economically provided for and afforded and distributed to and throughout any group or n u b e r of dwelling-houses situatc in a court, passage, lane,

M or

37" & 38" VICTORIX, No. 9.

The Adelaide City, Port, and &uBur.ban Waterworks Act.-1874.

or alley, he may make a regulation to the effect that such group or number of dwelling-houses shall be supplied in manner next aforesaid, or in such other manner as he shall in such regulation prescribe; and he shall forthwith provide, erect, and fix

in readiness for use by the owners or occupiers of such group or

number of dwelling-houses, and shall renew, or repair the stand-pipe or other fittings prescribed by such regulation, and shall afford and distribute by means thereof the constant supply to the owners or occupiers of such group or number of dwelling-houses. Such owners or occupiers, but not any othcr pcrson, shall be entitled to takc, con- sume, and use in the said group or number of dwelling-houses, but not elsewhere, such constant supply for domestic purposes only; and the Commissioner shall be entitled to receive and recover from such owners or occupiers, water-rates in the same manner and to the same amount as if the constant supply had been afforded and distributed in each of such dwelling-houses in the wdinary manner provided by this Act.

The expense of providing, erecting, and fixing in readiness for use such stand-pipe or other prescribed fittings, and of renewing or repairing the same from time to time, shall be borne by the owner of such group or number of dwding-houses, or if they belong to more than one owner, then by the respective owners thereof in such proportions as the Commissioner shall prescribe by such regulation.

Acta t a be done on

roqueet for aupply to

46. Save in the cases prcvided for in the next preceding section,

the Commissioner shall, on receiving from the owner or occupier of

lands or premises in

atreet,

lands or premises in any street in which h main pipe has been laid down, a written request, for a constant supply of water for domestic purposes, provide, lay down, and fix in .readiness for use, and shall thereafter at the like request, and on receiving due notice in that behalf, keep in repair such communication pipes and other fittings prescribed for that purpose, and do such othcr acts, and construct such works as are necessary and proper for complying with, and carrying out such request.

Supply to praona

within two miles of 47.

The owner or occupier of lands or premises, which arc not situate within any city, town, township, or district (under the District Councils Act, 1858), supplicd with water under this Act, but which are situate wholly within two milcs on cithcr sidc of the main PLpe through which the water is now convcycd from the Thorndon Park Reservoir to the City of Adelaide, or to the Corpo- rate Town of Kensington and Nurwnod? or from that City to the Corporate Town of Port Adelaide, or from the City to the Corporate Town of Glcnclg: may, in writing, request the Commissioner to supply water for domcstic purposes to such lands or premises. The Com- missioner may, if in his sole discretion hc thinks it cxpcdient so to do, but not otherwise, comply with such requcst, and may do all such acts, and execute and construct all such works as shall in his judgment be necessary or proper for supplying to such lands and prcrniscs water for domestic purposes: Provided always, that the Commissioner may, so long as he is required to do so, continue to

maina.

supply

37" & 38" VICTORIB, No. 9. 53

me Adelaide City, Port, an.d Suburban Waterworks Act.-l 874.

supply water to all such lands and premises as are now supplied by	PART 17.
him: Provided also, that all lands and premises to which the
Commissioner shall in fact supply water under this section, and the owners and occupiers thereof, shall, from the time when the Com- missioner accedes to such request, be subject to the provisions of this Act in the same manner and to the same extent in every respect as if such lands and premises were rcspcctively situate within the water-area: Provided also, that all the expense of providing, con- structing, maintaining, renewing, and repairing, the works and fittings necessary or proper for supplying water to the person who makes such request shall in every case be paid in advance by him, and if not paid in advance, shdl bc recoverable from him when and as water-rates under this Act are payable and recoverable from him or from such lands or premises; and he shall pay water-rates from the time when the supply is given to him, and the water-rates, which are charged to and paid by him, shall not in any case be less in amount than those which would have been chargeable to and payable by him if such lands were situate within thc City of Adelaide: Provided also, that the nature, size, and description of the works, pipes, and other fittings for supplying such lands with water, shall bc

cntirely in the discretion of the Commissioner.

48. The main pipe, which csnvcys the water from the Thorndon Deecription of the

Park Reservoir to the City of Adelaide, commences at the outlet ~ &, P $ $ ~ ~ $ ~ ~ pipe, which conveys the water from the City of Adclaidc to the Town

from the Thorndon Park Reservoir, and proceeds thence in a westerly section.

direction through Section 349; thence in a south-west direction

through Sections 336, 297, 277, 278, and 312, passing out at the

south-west corner of Section 312, to the Main North-Eastern-road;

thence along the said road, which is hounded on the north-west by

the south-east boundaries of Preliminary Sections 307, 306,284,283,

282,281, and 280, and on the south-eastern side by the north-western

boundaries of Preliminary Sections 3015 and 279; and the said road

and main pipe terminate at thc junction of Scction 279 with the

of Port Adelaide, commences at the south-west corner of the 'l'own-

ship of Brompton, and proceeds thence along the Port-road, which is bounded on the north-cast by the south-western boundiiries of Pre- liminary Sections 370, 371, 374, 375, 376, 387, 388, 397, 398, 405, 406, 407, 419, 420; and on the south-west side by the north-castern boundaries of Preliminary Sections 353,372,373, 389,394,395,396,

408, 409, 417, 418, and parts of 424 and 443, in the Hunclred of

Yatala; and the said road and rmin pipe terminate at the south- western corner of Section 420, at its junction with the Township of Albcrton. The main pipc which conveys the water from the Town- ship of Payneham to the Corporate Town of Kensington and Nor- wood commences at the south-west corner of the Township of Payne- ham, and proceed8 thence in a southerly direction along the road between Sections 279 and 278 on thc wcst, and Sections 264, 2041,

and 287 on the east, Hundred of Adelaide, to the north-east corner

of Section 277.

The main pipe which conveys the water from the

City

37" & 3B0 VICTORIB, No. 9.

The Adelaide City, Port, and Suburban Waterworks Act.-1874.

P*ar Iv. City of Adelaide to the Corporate Town of Glenclg, commences at the corner of South and West-terraces, Adelaide, and runuing south- westerly through the Park Lands, south-cast of Section 45, through Section 44, 52, and 53, south-cast of Section 88, through Sections 104, 109, and 136, all in the Hundred of Adelaide; and westerly, south of Sections 152, 183, and 184, in the Hundreds of Noarlunga and Adelaide, to the eastern boundary of the Corporate Town of

Glenelg .

Commissioner to aftix 49. The Commissioner may, upon the laying of the main or other

publicfire~~lu~s'nth\ipes	mainrc.	throughout the water-area, fir therein such and so many prescribed fire-plugs, and at such placcs as shall scem to him most proper and convenient for thc supply of water for extinguishing any fire which may break out in any city, town, township, or district (undcr the District Councils Act, 1858), within the water-area.
The Commiesioner to
repair fire-plugs and	50, The Commissioner may renew and keep in effective order pleted, shall deposit a key thereof at wch fire reel station within the water-area, and in such other place as he shall deem proper; and shall put up a public notice in some conspirious place 111 each street in which such fire-plug is situate&, showing its situation. The Corn- missioner may put up such notice on any house or building in such street.

depogit~egs thereofat every such fire-plug; and as soon as any such fire-plug is com-

e n i + e - h o u ~

pire-plugdtobeplacea 51. The Commissioner may, at the request and cxpcnse of the -

near mnnufactories at ranoert,Lc,ofo wnen, owner or occupier of an) work, manufactory, or other premises situated in any street in which water shall hsm becn laid on by the Commissione< place w d maintain in effective order a prescribed fire-plug, as near as conveniently may bc to such work, manufactory, or other prcnziscs, and supply a key of such fire plug to such owner or occupier; but such fire-plug shall not be opened or used by him, nor shall such key be used by him, except for the purpose of aiding

in extinguishing a fire within the water-area, or for the purpose of

keeping the same in proper working order.

rJuppl7 of water to be

kept for cleansing

52. Save during such time as is necessary for making proper or can, provide and keep constantly laid on in all the pipes to which any prescribed fire-plug shall be fixed a sufficient supply of water for the following purposes, thht is to say-for cleansing the sewers and drains of any city, town, or district (under the District Councils Act, 1858) within the water-area, and for supplying any public pumps, fountains, baths, or wash-houses thdt mug be established within the water-area for the free use of thc public or paid for aut of any rates levied within the water-arm; and such supply, other than the supply hereinbefore in clause thirty-five mentioned, and the supply of water required for the use of the public baths in Adelaide, shall be provided at such rates, in such quantities, and upon such terms and conditions as may be agreed upon in w:iting by the Com- missioner and the Municipal or other proper authorities and persons

Bowers, drains, kc.,

necessary repairs, the Commissiorler shall, so far as and whenever he

for other public

purposes.

cdncerned

37" & 38" VICTORIX, No. 9.

The Adelaide Cig, Port, and Suburban Waterworks Act.-1874.

concerned, or, in case of disagreement, as shall be settled in writing

PAR' m.

by thc Governor in Council; and the terms and conditions so settled shall be deemed to have been agreed upon by the persons afore- said: Provided always, that the Commissioner shall cease to supply throughout the water-area, or such part thcrcof as he thinks fit, water for any of the purposes mentioned in this section whenever the continuance thcrcof would, in his opinion, unduly lessen the supply for domcstic purposes.

53. Save during such time as is requisite for making proper or Pipes to be kept

nccessary repairs, the Commissioner shall, so far as and whenever hc ~ ~ ~ ~ f c $ ~ \ ~ ~ j ~ ~ g e

can, keep charged with matcr, under such prcssurc as aforesaid, to extinguish fires.

every pipe in which one or morc of the prescribed firc-plugs shall be fixed, and shall at all timcs allow all persons, and they are hereby empowered, to take, free of charge, and to use for extinguishing fire within the water-area so much water as shall be necessary for that purpose.

PART v.-Protection of water, fittings, and works: PART V.

54. water belonging to or supplicd by thc Commissioner (saw so Purpose. for which

much thereof as shall be supplied under the thirty-fifth section of ~ ~ ~ ~ ~ ~ ~, & ~ $,	this Act, and used for one or more of the public purposes therein
mentioned) shall not be taken, used, or consumed for other than domestic or building purposes, or for the purpose of extinguishing fire, unless the person who takes, uses, or consumes the same, does so by virtue, and under the authority of some written agreement made between the Commissioner and himself, or unless the water so taken, used, or consumed, has been provided by the Commissioner for the gratuitous use of the public.
Water supplied by the Commissioner for domestic purposes shall not be used for watering cattle or cleansing carriages, unless the additional sum directed by this Act to be charged in respect of cattle and carriages has been paid by the pcmon liable thereto.
Water supplied by the Commissioner for domestic purposes shall not be used for any trade, manufacture, or business, or for watering gardens, or other lands, or for troughs or fountains, or for any ornamental purposes, or for irrigation, or as a motive power, or for heating or ventilating purposes.
55. The Commissioner may, whenever he thinks proper, $ace and fix, or cause to be placed and fixed, on or in any land supplied g, Commiaaioner may at

will place, &C., meter,

C., on lands., &C.,

with water under this Act, and attach or cause to be attached to any supplied f ir domestic with purposes, water

prescribed fittings therein or thereon, a prescribed mctcr and such and charge by mea-

other prescribed fittings as he thinks proper, and may remove, alter, ~ ~ ~ ~ ~ ~ u ~ ~ ~ i ~ z

repair, renew, or replace, or cause to be removed, altered, repaired, that prencribed.

renewed, or replaced, the meter and the fittings thereof; and when

a meter has once been so fixed and attached, the owner or occupier

shall not thenceforward receive or take his supply of water for

domestic purposes save by means of and through such meter, unless

the

66 37" & 38" VICTORIB, No. 9.

The Adelaide City, Port, and Nuhurban Waterworks Act.-1874.

'PART v.	the Commissioner s h d consent to the removal of such metcr; and
in case it shall appear that water in excess of the prescribed quan-
tity passes through the meter, the Commissioner may charge for the use of the said meter such rent or sum of money as shall be prescribed in that behalf, together with the cost of removing, alter-
ing, repairing, renewing, or replacing the meter and the fittings
thereof. All water which, being in excess of the prescribed quantity, passcs through such metcr shall be charged to such pcrson and paid for by him at the prescribed price, and the price of such excess may, together with all such costs as are mentioned in this section, be recovered by the Commissioner from such pcrson as and when ordinary water-rates are recovered.

Power to anter for	56. The Commissioner may at d rcas~aablc	times enter iqmn or
purposes of last seo-

tion. into the lands or premises of any person whom he supplics or intends to supply with water, and may there place, fix, attach, examine, alter, repair, remove, replace, and renew such prescribed meter and other fittings as are in thc next preceding section mentioned.

n ~ t y to keep in repair 57. Every person supplied with water by the Commissioner shall kecp such part of the communicatj~n-pipc, and the stop-cock, drains, and other works and prescribed fittings as shall be within his own premises in good repair, so as effectually to prevent the water from running to wastc or the collection thcrcin of unwholesome matter; and in case any person shall r.eglect to keep the same in good repair,

the fittings.

the Commissioner may, in addition to any other remedy he may posscss, cut off the pipe or turn off the water Rom the premises of such person until such stop-cock, or other works or prescribed fittings shall be provide& or repaired, as the case may require.

Fitt~gaEottobsam- 58. No such person shall connect any meter, pipe, or other fitting

n:ctedordi?connected with any meter, pipe: or other fitting through which water is or is

without notice.

intended to be supplied by the Commissioner, or disconnect any metcr, pipe, or othei fitting from any mctcr, pipe or other fitting through which water is, or is intended to be, supplied by the

than twenty-fonr hours' notice in writing of his intention so to do,	Commissioner, unless he shall have given the Commissioner not less
and shall have received the Commissioner's consent in that bchdf.

Prescribedfittinge, . 59. F r ~ n l and after a date to be fixed by the C~mmissioner, and

&C*, Only to be used* notified in the Governrne?zt Oazerte at least one month previcwly, it

shall not be lawful for any owner or oc~upier of lands or premises which are supplied, or about to bc supplied, with water by the Cam- missioner, to use or place in or upon, or to affix or attach to, or to wilfully permit to be used or placed in or upon, or affixed or attached to, any such lands or premises, for the purpose or with the intent of thereby using taking, conveying, or delivering such water, any bath, water-closet, soil-pan, receptacle, or fitting other than such as arc prescribed or permitted by the Commissioner to be used or placed in or' on, o-c affixed or attached to them; and they shall not, nor shall

any of them, be arranged in a mode different from that prc~cribcd.

Every

37" & 38" VICTQRIB, No. 9,

The Adelaide City, Port, and $uburban Waterworks Act -1874.

-

Every bath, mater-closet, soil-pan, receptacle, or fitting arranged in a mode different from that prescribed or used, placed, affixed, or attached in contravention of this section, may be seized and confiscated by the Commisioner.

60. The Commissioner may, at all reasonable times, cntcr upon any lands and into any premises to which water is supplicd,	Power to enter md examine whether
water is wasted, t o. ,
whether under agreement or otherwise, under this Act, for the	and whether fittings, &C., are in order, and

purpose of examining and ascertaining, and may examine and ascer- to repair or remove them if out of order,

tain, whether there has been or is any waste, misuse, fouling, or	&a.
contamination of such water, and what quantity of water has been consumed there, and whether all baths, water-closets, soil-pans, receptacles, and fittings, and the materials and mode of arrange- ment thereof, used or intended to be used on or in such lands or premises for the purpose of conveying, delivering, or receiving water supplied, or about to be supplied, 'by the Commissioner, are in every respect in accordance with the regulations made by him under this Act, and are in proper order and repair, and that they are, and such water is, used only for the purposes for which they and it may be lawfully used under this Act. Whenever any of them is not in accordtkce with such regulations, or is out of proper olrlrr and wpajr, the Commissioner may repair the same, or may remove thcm, and if necessary, substitute others in their stead, or may alter the mode of arrangement thereof, as the case may require, and all expense incurred by the Commissioner in that behalf, shall on demand be repaid to him by the owner or occupier of such lands or premises; and if not repaid on demand, may be recovered by the Commissioner as and when water-rates arc recovcred from such owner or occupier.
If thc Commissioncr or any such authorizcd person bc at any
reasonable time rcfused admission upon such lands or into such premises when such admission is chimed for any of the purposes mentioned in this section, or be obstructed in, or hindered from doing all or any of the acts by this section authorized to be done, the Comrnissiouer may cut off thl~ water from such lands and premises, and shall not be bound to supply water thereto again, cxccpt at such times and upon such conditions as he shdl think proper to prescribe, but the owner or occupier of such lands or	premises shall nevertheless continue liable to pay water-rates as	theretofore.

61. I t shall not be lawful for any person ot,her than the Corn- Protection of

missioner or some person authorized by him, to remove, alter, repair,	prescribed fittings.
renew, or uncover any pipe or other prescribcd fitting which is the property of thc Commissioner; and prescribed fittings which are not his property, shall not bc subjcct or liable to be scizcd or taken in execution by process of law, or to any distress for rent, nor s h d any of them be removed, altered, repaired, or renewed until the prescribed notice has been given to the Commissioner.

62. The Commissioner may, at all reasonable times, enter upon any Power to enter and fix fittings within

ands and into any premises to which water is or i u intended to boundary Imd4

be $0.

37" & 38" VICTORIB, No. 9.

The Adelaide City, Port, and Suburban Waterworks Act.-1874.

be supplied under this Act, and may introduce into, and lay down and place and fix therein or thcreon, and attach thereto, wherever

it shall seem to the Commissioner necessary or proper, such prescribed

fittings as the Commissioner may think necessary or proper for the purpose of supplying water thereto, and may there do all such other acts and perform and execute all such other works as the Corn- missioner may think necessary or proper for that purpose. The Commissioner may, at all reasonable times, enter upon such lands and into such premises and examine, inspect, remove, repajr, alter,

renew, or replace all or any of such fittings.

PART VI.-Finance, including assessment, collectors, rates, allow-

ances for part of the cost of service pipes to tenants and con-

sumers, returns, - and accounts:

Commissioner to

make annual assess-	63. As early as he conveniently can in each year, the Cor~rnissioner shall make, for thc purposes of	this Act, such an assessment as is in
ment : principle of

assessment.	this Act described, and notice of the rniking thereof sl-m11 be pub- lished by the Commissioner in the Geverr,ment Gazette so soon as he conveniently can after it has been made. Immediately upon such publication, such assessment shall be dcerned to have been in force from the commencement of the then current year, and shttll, unless lawfully altered within that year, continue and be in force until the cnd thereof; but if such assessment is lawfully altered within that year, then such assessment, as so altered, shall be deemed to have been in force from the commencement of that year, and shall continue to be in force until the end thereof: Provided always that the asscssme~t, which is in force on the last day of any year, shall continue an& be in force during the whole of the next year, if the Cornmissioi~er shall so direct by a notice published in the Government Gazette before the first day of February in such next year. Such asspssrncnt s l d l be made according to the full, fair, and average estimated annual value of the lands and premises assessed, and clear of all outgoings; and shall he wlittcn in a book, wherein shall be specified, in separate columns, the names of the respective occupiers and owners, or agents of the owners, of such
lands and premises, so far as those names can be ascertained, and also the estimatecl annual value of the several lands and premiscs, with
a succinct description of such lands and premises. Such of those lands as are vacant lands shall he distinguished as such in the said book.
what lands, &C., s h d	64. h1 each asscssment made hy the Commissioner for thc pur- poses o i this Act, he shall assess :-All lands and prerniscs situated within the water-area, and not bcing such lands or buildings as are described in the thirty-fifth section of this Act.
be assessed.
sore, and adcption o f
Appointment ofasses..	65. For the purpose of making any such assessment, the Corn- missioner may appoint any person to assess the whole or part of such lads and premises, and may, if he thinks proper, adopt either wholly or in part any assessment then in force which has been made by, or by the authority of, any Municipal Corporation or District Council.
asaessment.

66. Whenever

37" & 38" VICTORIB, No. 9. 59

The Adelaide City, Port, and 8uburban Waterworks Act.-1874.

66. Whenever any lands or premises, which in the opinion of the PART VI.

Commissioner ought to have been or ought to be assessed for the ~ o m m i ~ ~ i ~ n e r m a y

purposes of this Act, are not so assessed, the Commissioner may cause ~~;~;;~f;f~~;,"~,"~.	the same to be so assessed, and after they have been so assessed, ral yearly essessment
shall, so soon as he conveniently can, alter and amend the assess- has made.
ment then in force, and the co&esponding assessment-book, in such manner% shall seem to him proper in that behalf. If such lands or premises were, at the commcncement of the then current year, assessable under this Act, the owner or occupier thereof shall there- upon bc liable to pay and be charged with the whole amount of the water-rate for that year; but if they have become so assessable since the commencement of that year, such owner or occupier shall be liable to pay, and charged with, only such proportionate part of that year's water-rate as to the Commissioner shall seem just.

67. The Commissioner, or any person having an order for that Power to inspectrate-

purpose undcr the Commissioner's hand, shall be entitled as of right,

&C.

at all reasonable times, to inspect, free of charge, all rate-books and assessment-books relating to any land supplied or about to be supplied with water then in use or in force, and all other books and documents relating thereto, and may, free of charge, make and take copies thereof, or extracts thcrefrom; and all pcrsons having any such rate-book, assessment-book, or othcr book or document in his custody, power, or control, shall, at all reasonable times, and without any fec or charge whittever, afford to the Commissioner, and to all persons authorized as aforesaid by him in that behalf, free access to all such rate, assess- ment, and other books and documents.

68. The annual value of all vacant lands shall be estimated at bnualvalueaflandst how estimated.

five per ccntum per annum on the mxket value thereof, and the

annual value of all other lands shall 3e estimated at the full, fair, and average estimated annual rent, clear of all outgoings, at which the land would let on a lease of not less than twenty-one years, or by the foot-frontage on a building or improving lease for the same term.

69. So soon in each year as any such assessment has been madc, Depositof asaesement- book ; interested per-

the assessment-book, or a true copy thereof, shall be deposited in the sons ,,titled to in-

office of the Commissioner, and the same shall be open, free of spectand take copies.

charge, to inspection of all persons interested between the hours of

eleven o'clock in the forenoon and three o'clock in the aftermon on

every day except Sundays, Saturdays, and public holidays.

made under this Act in any assessment or asscssmcnt-book, the Com- to be publiahed. 70. So soon as he conveniently can after any alteration has been Notice of alteration

missioner shall publish in the Government Gaxetie a notice, in the

prescribed form, to the effect that such alteration has been made.

71. If it shall at any time appear to the Commissioner that any Comminsioner em-

lands or premises, which ought to be included in any assessment or book in

orders of the Court, for behoof of the party or partics interested thercin. 116. If any person refuses or neglects to pay to the Commissioner any water-rate or other sum of money due by such person to the Commissioner under this Act, the Commissioner may recover the same in any Court of competent jurisdiction; and the Commissioner's rcmcdy under this section shall be in addition to his other remedies

Recovery of moneys

due to Commissioner.

(if any) for the recovery thereof.

Recovery of charges

for water.

117. In case any person who shall have been supplied with water by the Commissioner shall neglect or refuse to pay on demand the aL0un.t due in respect of such supply, an7 JU&& may issue MY

summons to such person, requiring him to appear bcfore such Justice at a time and place named therein, and then and there to show causc why the sum so demanded should not be paid; and if, on the appearance of such person, or in default of appearance after proof of the service of the summons, Cither personally or at the last known place of abode or of business of such person, no sufficient cause can be shown to the contmry, such Justice may issue his warrant of distress for the seizure and sale of the goods and chattels of such person, for the recovery ctf the amount which may be proved before such Justice to be due from such person, together with such costs, including the cost of cutting off the water, if the same shall have been cut off' by the Corrlmissioner, as to swFi Justice shall 9 L cem just and reasonable; and t ! ~ rcmcdies given by this section shall be in addition to all other remedies (if any) possessed by the Com- missioner in that behalf.

b e o v e ~ of value of 1 18. Whenever any water supplied under this Act has been wasted, misuscd, fouled, or unduly consumed, the Commissioner may recover the value thereof, which ;hall be end may be recovered ak a debt due from thc person wlxo wasted, misuscd, or unduly consumcd

water misused, &c.

the game to the Commissioner, and the remedy given by this section

shall be additional to any other which the Commissioner may possess,

and to the liability to any penalty which such person may have

incurred.

Provision for ascer-

taining and recovering l 19. In all cases where any compensation, damages, costs, or

damages, kc., not expenses are by this Act directed to bc paid, and the method of

specificalb provided ascertaining the an~ount or enforcing the payment thereof is not

for.

specifically provided by this Act or the Lands clauses Consolidation ~ c t, such ;mount, i i case of dispute, shall be ascertained and determined and recovered in a summary may by and before two

Justices acting under the Ordinance No. 6 of 1850.

Appropriation of

money8 recovered 120. A31 fines, penalties, and other moneys levied or recovered by

under this A C ~. the Commissioner under this Act, or under any agreement made

&der

37" 38" VICTORIB, No. 9, 73

The Adelaide Ci[y, Port, and Bttbzwban Waterworks Act.-1874. -p- "---

under it shall, so far as not otherwise specially appropriated, be paid

p a r ~ 1 1 1 -

to the Treasurer, to be by him carried to thc credit of the said

Commissioner for thc purposes of this Act.

121. Every offender against any of the foregoing cnactments, or proseoutions end

against any of the prescribed regulations, may bc prosecuted, and "cOBery all fines and penalties incurred under this Act may be imposed mtl. payment thercof enforced by him or them respectively, as the case may be.

every fine, forfeiture, or penalty incurred under this Act may be

imposed ancl recovered in the inanncr provided in the Ordinance No.

6 of 1850, and every information for an offence committed against

any of the foregoing cnactments shall he heard and adjudicated upon

by a Special Magistrate or two Justices of the Pcacc for thc

122. The production of the Governmer~t Gazette, or of any printed .@=ttb to be evidence

document purporting to be a copy thereof published by authority or in certain ca~les.

printed by the Government Printer for thc Provirrcc, and containing any regulations purporting to be prescribed regulations, or any notice purporting to be published by thc Commissioner in pursuance of this Act, shall, in every Court of Justice, be deemed and taken to bc

prirna facie cvidence of thc publication and of all such facts and cir-

cumstances as were or shall be necessary to authorize the publication and making of such regulations and the publicaftion and giving of such notice.

123. Copies of the plans, sections, and books of reference, C",piesofpIanciand

mentioned in the sixteenth section of this Act, and of any alteration evidence,	alterations, &c,, to be
or correction thercof, and of any other such docunwnts as aforesaid, or extracts therefrorn, certified by the Surveyor-General or his deputy to be true copies thereof (which certificates such Surveyor-Genera1 or deputy shall give to all parties interested when required, on payment of the prescribed few), shall bc received in all Courts and &where

as conclusive evidence of the contents thereof.

124. The register of every prescribed meter, or a copy thcreof Register of metera to be prima facie

(certified by the Commissioner or any officer appointed by him undcr evidence,

this Act to be true), shall bc prima facie evidmcc of the quantity of

water consumed, and in respect of which any water-rate or other

sum of money is charjicd .and-sought to bc rcco;ered b y the Chnmis-

sioner: provided always, that if 'the Commissioner anjany consumer differ as to the quantity of water consumed, such differcncr map be tit^

determined, upon the application of either party, by two Justices, Ju&iccs.

who may also order by which of the parties the costs of the pro-

ccedings before them and incident thereto shall be paid, and the

decision of the Justices on matters of fact shall be final and binding

on all the parties to such proceedings.

125. All actions and prosecutions to be commenced against any A# to proceedings against persons a c ~ g

person for anything done, or for anything omitted which ought ..aetthi, a,t.

to

37" & 38" VICTORIB, No. 9.

The Adelaide City, Port, and Suburban Waterworks Act-1874.

-

v m * to have been done in pursuance of this Act shall be commenced within six calendar months after the fact was committed or omitted, as the case may be, and not otherwise, and notice in writing of such action, and the cause thereof shall be given to the de- fendant one mo~lth at least before the cornmencemcnt of such action; arld in any such action thc defendant may plead the general issue, and give this Act and thc special matter in evidencc at airy trial thereupon; and no plaintiff shall recover in 'any such action if tender of sufficient amends shall as hereinafter mentioned have bccn made before such action brought, or if a sufficient sum of money shall have brcn paid into Court after such action brought by or oq behalf of the defendant, together with the costs incurred up to that time; and if a verdict shall pass for the defendant, or the plaintiff bccome nonsuited, or discontinue any such action on issue joined, or if upon demurrer, or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as be- tween attorney and client, and have the like remedy for the same as any defendant hath by law in other cases, and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, u~less the Judge, before whom the trial shall be had, shall certify in writing at tlw conclusion of the trial, his approbation of the action, a d of the verdict obtained there- upon.

Tender of amende.	126. If any person shall commit any irregularity, trespass, or other wrongful proceeding in execution of this Act, or shall omit to do. anytliing which in purwancc of this Act hc ought to do, or by virtue of any power or authority hcrcby given, and if, before action brought in respect thercci, su6h person make tender to the person injured, his attorney, or agent, of such amends as, in the opinion of the jury at the trial wcrc sufficient, such last-mentioned person shall not recover in any such action; and if no such tender has been made, the defendant m'ay, by leave of the Court wherein such action is pending, at any time before issue joined, pay into Court such sum of money as he thinks fit, and thereupon such proceedings s h d be
had as in other cases where defendants are allowed to pay money
into Court.

Commenoement of 127. This Act shall come into operation and take effect on and

Bat. from the first day of January, 1875.

In the name and on behalf of Her Majesty, I hereby assent

to this Act.

A. MUSGRAVE, Governor.

' THE

370 & 380 VICTORIX,	no. 9.
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The Adelaide City, Port, and Su Eurban Waterworks Act.-l 874.

THE FIRST SCHEDULE.

Datc. Title of Act. Extent of Repeal.

No. 15 of 1863 ('The Adelaide Waterworks Act, 1863" [n part, namely, the whole Act (in-

(in part)

cluding the Schedules) except

sections 68 and 79.

No. 17 of 1863 "The Por t Adelaide Vaterworks Act, In part, namely, the whole Ac t (in-

(in part:! 1863" cluding the Schedules) except sections 3, 4, 6, 6, 7.

No. 3 of IS64 rhe "Waterwork8 Extension Act, 1864" The wholo Act.

No. 23 of 1966-7 The Port Adclaide Waterworlrs The whole Act.

Amendment Act, 1866"

No. 1 5 of 1868-9 The "Waterworks Act, 1868" I n part, nnmcly, the wholc Act cxcept

(&part) sectiona 4, 5, 6, 7, 8, and 9.

No. 7 of 1869-70 A n Act to amend thc “Waterworks Thc whole Act.

Act, 1868"

NO. 14 o f 1870-71 "The Adel~ide Suburhan Waterworks I n part, namely, the whole Act, ex-

(in part)	Act, 1870-71''	cept sections 6, 6, 7, 8, and 9, and
the Sokiedulr A.

No. 15 of 1870-71 The Port Adelaidc Suburban Water- Iu part, namely. tho wholc Act, ex-

(in part) works Act, 1870-71" cept wctions 6, 6, '1, S, and 9, and

l the Schedule A.

1 No. 33 of 1872 "The Glcnclg Waterworks Act, 1872" Thc whole Bet.

THE SECOND SCHEDULE.

Tozonship of Payneham.

Bounded on the north by portion of the southern boundary of Preliminary Section

306, Hundred of Adelaide; on the south by the northern boundary of Section 264;

on the east by the wegtern boundstries of Sl+ctions 265 and 2042; and on the west

by portion of the eastern boundary of Preliminary Section 279.

North h7enssington.

Bounded on the north bp a line about sixteen chains south of and parallel to the

northern boundary of Preliminary Section 288, Hundred of Adelaide; on the

south by the northern boundary of Section 289; on the east by portions of the	w e s t e r n boundary of Section 301; and on the west by portion of the western
boundary of Section 288 aforesaid.

Township of Stepney.

Bounded on the north by portion of the aouthern boundary of Preliminary Section 279 ; on the east by the western boundary of Prkliminary Section 278; on the south by the northern boundary of the Towuship of Norwood; on the north-west by the eastern aide of the Main North-Eastern Road, being the whole of Preliminary Section 259, iiundred of Adelaide.

Township of Hackney.

Bounded 0th the north-east by the south-western boundary of l'reliminary Section

257, Hundred of Adelaide; on the south-east by the north-western boundary of Kent 'Cown; on the west by the eastern side of road dividing Park Lands t'rom Preliminary Section 256; and on the north-west by the River Torreus, being the

whole of Preli~ninary Section 256.

Township of Walkerville.

Commencing at the north corner of Preliminary Section 476, Hundred of Yatale;

thence

Y

76 37" & 3 8 O VICTORIAE, No. 9.

The Adelaide City, Port, and LSu burFan Waterworks Act.-1 874.

thence south-easterly along the north-eastern boundary of said Section to River Torrens; thence in a westerly and southerly direction following the north side of said rivei to the eastern corner of Preliminary Section 475; thence north-westerly along the north-eastern boundary of said Section and its production to the south-eastern side of road running through Preliminary Section 474; thence north-easterly along the south-eastern side of said road to the north corner of Section 476, the point of commencement.

Upper Walkerville.

Commencing at the eastern corner of Preliminary Section 474, Hundred of Yatala, and running thence westerly along its northern boundary to its north- western corner; thence southerly to i ts south-western corner; thence in an easterly direction to the north-western side of the road running through the said

Section 474; thence along the north-eastern road bounding the said Section 474

to the point of commencement.

Township of Medindie.

Commencing at the south corner of the Township of Walkerville; thence in a

north-westerly and southerly direction, following tbe north side of the River Torrens to the south corner of Preliminary Section 475, Hundred of Yatala; thence in a northerly and north-westerly direction, along the western and south-western boundaries of Preliminary Sections 475 and 460, to she south-eastern boundary of Prospect Village; thence north-easterly, along said boundary to a point opposite the south-western corner of Section 2062; theme easterly, along the southern boundaries of Sections 2062 and 471 to the south-eastern side of road through the latter Section; thenco north-easterly, along soclth-eastern side of said road to the east corner of the Township of Walkerville; thence south-easterly, along south- western boundary of said township to its south corner, the point of commencement.

Prospect Village.

Bounded on the north by the aouthera boundaries of Sections 375, 371, and 350,

Hundred of Yatala; on the east by the eastern boundaries of Sections 349 and

345 ; on the south-east by the south-eastern boundaries of Sections 348 and 2064;

on the south by the southern boundaries of Sections 2064 and 2065; on the south- west by the south-western boundaries of Sections 2081,2066, and 374; and on the west by portion of the eastern boundary of Section 2067.

Township of Brompton.

Commencing at the aouth corner of Preliminary Section 355; thence north- easterly, along the south-eastern boundary of said Section and its production across the road to the south-western baundary of Section 2066; thence north-westerly, along said boundary to a point opposite the north corner of Preliminary Section

355; thence south-westerly and south-easterly, along the north-western and south-

western boundaries of said Section to its south corner, the point of commencement,

Townsh@ of Bowden.

Commencing at tbe south corner of Prelircinary Section 354, Hundred of Yatala; thence north-easterly, along south-eastern boundary of said Section and its produc. tion to the south-western boundary of Section 2081; thence north-westerly, along south-western boundaries of Sections 2081 and 2066 to a point opposite the north corner of' Preliminary Section 354 ; thence south-westerly and south-easterly, along north-western and south-western boundaries of said Section to its south corner, the point of commencement.

Township of Hindmarsh.

Commencing at the east corner of Preliminary Section 353; thence in a south- westerly direction, following the northern side of the giver Torrens to the south- western corner of said Section; thence northerly, along its western boundary to the Port Road; thence south-easterly, along the south-western side of Port Road to tbe east corner of Prelimhary Section 2.53, the point of commencement,

Township of Thebarton.

Commenccing at the north-east corner of Preliminary Section 2, Hundred of

Adelaide; thence westerly, along the northern boundary of said Section to the

sout6-eastern

37" & 38" VICTORTB, No. 9.

The Adelaide City, Port, atid Sububurliatt Wkterworks Act.-1874. _ - _ _ - ----

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uouth-eastern corner of Preliminary Section 46; thence northerly, dong the emtern boundary of said Section 46, for about sixteen and a-half chains; thence easterly at right angles from said boundary for about twenty-two and a-half chains; thence northerly at right angles, for about thirteen chains; thence easterly at right angles, to the eastern boundary of Preliminary Section l; thence southerly, along said boundary to the north-east corner of Preliminary Section 2, the point of commence- ment.

Township of Goodzoood.

Bounded on the south by the north boundary of Preliminary Section 222 ; on the east by the west boundary of Prellrnir~ary Section 239 ; on the west by the east side of road joining the east boundary of Preliminary Section 6; and on the north by the south side of the road joining the south boundary of the Park Lands.

Goodwood Park.

Bounded on the north by the south boundary of Yreliminary Section 221; on the east by the west boundary of Preliminary Section 238, and portion of the west boundary of Preliminary Section 237 ; on the south by the north side of the road, running parallel to and about seven chains from the north boundary of Preliminary Section 223 ; and on. the west by the east side of road forming the east bourldaries of Sections 7 and 8,

Tou~yzslr ip of fi'nley.

Bounded on the north hy the southern boundary of Preliminary Section 239, Hundred of Adelaide; on the east by the western boundaries of Preliminary Sections 241, 242, and 243 ; on the south by the northern boundary of Yreliminary Section 235 ; and on the west by the eastern boufidaries of Preliminary Sections 224, 223, and 222,

Township of Fullarton.

Bounded on the north by the southern boundary of Preliminary Section 253, Hundred of Adelaide; on the south by the northern boundary of Preliminary Section 251; on the east .by the western boundary of Preliminary Section 266; and on the west by n line about five chains from and parallel to the eastern boundary of Preliminary Section 242, also including road dividing Prelinlinary Section 253 from Preliminary Section 265.

Township of Parkside.

Rounded on the north by the northern boundary of Preliminary Section 240, Hundred of Adelaide; on the south by the southern boundaries of Preliminary Sections 240 arid 254; on the north-east by the south-western side of the Glen Osmond Xoad, ~ u n n i n g through the latter Section; and on the west by the eastern boundary of Preliminary Section 239.

Port Boad.

Bounded on the north-east by the south-western boundaries of Preliminary Sections 370, 371, 374, 375, 376, 387, 388, 397, 398, 405, 406, 407, 419, 420, 423,

Sections 4 5 4 ~, 230O~, 699, Hundred of Yatala, and Section 704, Hundred of Port

Adelaide; on the south-west by the north-eastern boundaries of Preliminary Sections 353, 372, 273, 389, 394, 395, 396, 408, 409, 417, 418, 424, 443, eastern boundary o f dection 1129, Hundred OS Yatala, and eastern and north-eastern boun- dary of Section 1 130, Hundreds of Yatala and Port Adelaide.

Township of Alherton.

Commerlcing at the south corner of Prelirnin-iry Section 423, Hundred of Yataln; thence north-easterly, aloug the south-easterr. boundary of said Section and its pro- ductior, across the road to the south- wester:^ boundary of Preliminary Section 422; thence north-westerly, along said boundary to a point opposite the north corner of Section 454; thence south-westerly and south-easterly, along the north-western and south-western boundaries of said Section to its south corner; thence south-westerly and south-easterly, along the south-eastern boundary of Section 4 5 4 ~ and south- wester11 boundary of Preliminary Section 423, to the south corner of said Section, the point of commencement.

Queenstown.

Bounded on the north-east by the south-west aide of the Port Road; on the

south-west

37O & 386 VICTORIB, No. 9.

The Adelaide Ci&, Port, and Suburban Waterworks Act.- 1874.

south-west by the north-eastern side of the Old Port Road; and on the north-weet

by the north-western boundhy of Preliminary Section 443,

Port Land Estate.

Commencing at the south-eastern corner of Section 1 l28; thence northerly,

along the eastern boundaries of Section 1128 and 1131 to the north corner of the letter Section; thence north-esterly, along the north-western boundary of 1130 to the western side of the Port Road; thence southerly, along the west sids of said road to the north corner of Queenstown; thence south-westerly, along the norkh- western boundary of Queenstown to the south-eastern corner of Section 1128, the point of commencemmt.

Distrtct of Glanville and Township o j Semaphore,

Bounded on western side by sea-coast; on eastern side by western side of the Port Adelaide Creek; on southern aide by the northern boundary line of Section 1006; on northern side by the northern boundary lines of Sections 1055, 11 14, 1111, 1105, and 1107

District of Kingston-on-Hill and Rosewater.

Bounded on the north side by the Port Adelaide and Dry Creek Railway; on western side and south-west by the Adelaide and Port Adelaide Railway;	on east
by eastern boundary lines of Sections 1.185, 1 189, 425, and 423.

Glenelg Road.

Commencing at the corner of South and West-terraces, Adelaide, and running south-westerly through the Park 1,andu south-east of Section 45, through Sections 44, 68, 53, south-east of Section 88, througb Sections 104, 109 aud 136, ail in the Hundred of Adelaide, and westerly, south o i Sections 152, 183 and 184, Hundreds of Noarlunga and Adelaide, to the eastcrn boundary of the corporate town of Qlenelg.

Adelaide ; By authority, W. C. Cox, Government Printer, North-terrace,