Balranald Irrigation Act (1893 No 24a) (NSW)

No. XXVI.

An Act to vest certain lands s i tuated in t h e Municipal i ty of Ba l rana ld in a T r u s t ; to enable t h e said T rus t to purchase lands to establ ish works for Conserving and Ut i l iz ing W a t e r for I r r i g a t i o n ; to lease such lands for purposes of se t t l ement and i m p r o v e m e n t ; to raise loans for purposes of irr igation ; and for o ther purposes in­

cidental the re to . [13th Jane, 1893.]

and the publ ic general ly, to establish a system W h e r e b y t he waters of

WH E R E A S it is expedient , and would be for t h e advan tage of t he inhab i t an t s of Balranald , in t he Colony of N e w South Wales ,

the river M u r r u m b i d g e e and other waters contained or flowing in the rivers, creeks, s t reams, and watercourses adjacent to t he town of Bal ranald , may he conserved and utilized for i rr igat ion, water ing of stock, and o ther purposes : A n d whereas the lands described in t he First Schedule to th is A c t are a port ion of t he land, gazet ted M a r c h eleven, one thousand e ight h u n d r e d and seventy- three, as a Temporary Common for Bal ranald , and are s i tuated on t h e nor th side of t he M u r r u m b i d g e e River : Be it therefore enacted by t h e Queen ' s Most Exce l l en t Majesty, by and wi th t he advice and consent of the Legis­ lat ive Council and Legis la t ive Assembly of NEW South W a l e s in P a r l i a m e n t assembled, and by the au thor i ty of t he same, as follows :—

P A R T I .

Preliminary.

1. This Ac t may for all purposes he cited as the " Ba l rana ld

I r r iga t ion Ac t . "

2. N o t h i n g contained in t he " Municipal i t ies A c t of 1867 ," or

t h e " C o u n t r y Towns W a t e r and S e w e r a g e A c t of 1 8 8 0 " shall l i e

construed to control, l imit , or restr ict t h e operat ion of th is Act , or to in terfere wi th i ts provisions in respect of t h e const ruct ion or ma in ­ tenance of w o r k s , or t h e storage, dis t r ibut ion, or supply of water , or in respect of t he borrowing of money, t h e va luat ion of property, or t he fixing or levying of ra tes .

3 . No twi ths t and ing any th ing conta ined i n any Act , now in

force, re la t ing to min ing , n o holder of a miner ' s r i gh t or minera l l icense shall be ent i t led to divert o r use water to t he prejudice of any r igh t s acquired o r enjoyed under this A c t ; h u t no r igh ts acquired or enjoyed under any Act re la t ing to min ing shall he in terfered with, o r

prejudiced, o r t aken f rom the owner thereof w i t h o u t compensat ion.

4. I n t h e construct ion of this Act , unless t h e context requires

a different mean ing , t h e express ion—

" Domes t ic u se , " w h e n employed wi th reference to water , means

use for household purposes, b u t does not include use for t he i r r iga t ion of gardens or land, or for t he w a t e r i n g o f stock Or t he wash ing of sheep.

" T h e Governor ' ' means t he Go\ r ernor, with the advice of t he

Execu t ive Council .

" I r r iga t ion

" I r r iga t ion area"' means the lands and he red i t ament s described

in the First Schedule to th is Act and any adjoining land which m a y b e purchased or obtained wi th the sanct ion of t he Governor .

" T h e Min i s te r" means t he Minis ter charged wi th the admin is t ra ­

tion of this Ac! .

" O w n e r " includes lessee or occupier as well as owner in lee

simple.

" Prescr ibed" means prescr ibed by this Ac t or by the regula t ions

thereunder , or by the by-laws of the Trust .

" R e g u l a t i o n s " means the regula t ions made under this Act .

" S t o c k " means cat t le , horses, sheep, and all o ther domest ic

animals .

" The T r u s t " means t he Munic ipa l i ty of Ba l rana ld Irr igat ion Trus t .

A n d the sect ions of this Act are a r ranged in t he order following, viz. : —

P A R T L.—Preliminary Provisions.

P A R T [ I . — Constitution of the Trust.

P A 1 IT 111 .—A dm hi	i,stration.
P A R T	I V . — L o a n s .
P A R T	V . — P e n a l t i e s .

P A R T I I .

Constitution of Trust.

5. The au tho r i t y to carry out this Ac t shall be t he members of t he Counci l of t he Munic ipa l i ty of Bal ranald for the t ime being, who by the name of " T h e Bal rana ld I r r iga t ion T r u s t " shal l be a body corporate, and shall for t h e purposes of this Ac t have pe rpe tua l succession and a common seal, and, subject to the sanct ion of t h e Minis ter and to the provisions hereinaf ter contained, have power to hold, purchase , sell, exchange , and lease lands, t enements , stores, goods, cha t te ls , and o ther proper ty , and shall be capable in law of suing and

be ing sued.

(5. No m e m b e r of t he Trus t shall be t he holder of any paid office or s i tuat ion unde r t he Trus t , or receive any salary, emo lumen t s , or expenses of any k ind from the Trus t , un less sanctioned a t a mee t ing of t h e Trus t and approved by the Minis ter .

7. N o m e m b e r of t h e Trus t shall t ender for, obtain, or hold any cont rac t , or any pa r t or share in any contract , for works or surveys to be cons t ruc ted or made by the Trus t .

8. Eve ry person who, being disqualified from ac t ing as a member of t h e Trus t by reason of his be ing the holder of a paid office unde r t he Trus t , or receiving a salary, emo lumen t s , or expenses of any k ind from the Trus t , or who, be ing the holder of any contract , or any par t or share in any contract , for works or surveys to be constructed or made by the Trust , shall a t t end a mee t ing of t he members of t he T rus t and vote therea t as a member , shall, for every mee t ing a t which he is so present and act ing, be liable on convict ion before any two Jus t i ce s to a penal ty not less t han ten pounds or more than fifty pounds .

9. From and after the passing of tins Ac t the irr igation area

shall cease to he or form par t of the temporary common at Bal rana ld .

] ( ) .

10. For t h e purposes of th is A c t the re shall be vested in the

Trus t absolu te ly—

(i) The i r r igat ion area, except such land as t h e Minis ter may decide to set apar t from t ime to t ime for public purposes,

(n) All dams, weirs, flood-gates, culverts, aqueducts, sluices,

flumes, pipes, engines, pumping-mach ine ry , reservoirs, and o ther works const ructed or erected in pursuance of this Ac t . The lands so vested shall he held and adminis tered by the Trus t , subject to the provisions of this Act , and the approval of the Governor, but no par t of the land described in the Schedule here to annexed shall be sold,

(ill) The water which is at any time in any swamp or creek near

or within the i rr igat ion area, and in any pipe, reservoir, or other work constructed by the Trust in pu r suance of this Act .

N o t h i n g in this Act shall be const rued to l imit or in a n y w a y interfere

wi th the r igh ts of t he Crown to the general control of n a t u r a l supplies of water , and the provisions of this Ac t shall bo subject to t in 1 pro­ visions of any general legislation to deal with water conservat ion th roughout the Colony.

P A R T I I I .

Administration.

1 1. Subject to t h e provisions hereinafter contained, it shall be lawful tor the Trus t at any t ime after s u b m i t t i n g to t he Minis ter a general plan and description of the scheme and obta in ing Ids sanction for the same, to exercise any of (he following powers, t h a t is to say : —

(i)   To erect and construct- upon any part of the irrigation area such dams . Weirs, flood-gates, culver ts , aqueducts , sluices, Humes, pipes, engines , p u m p i n g mach inery , reservoirs, canals, watercourses, e m b a n k m e n t s , or other works as m a y b e neces­ sary or expedient for ca r ry ing out the objects of this Act , and to control and use all waters , and at all t imes hereafter, from all creeks, watercourses, lagoons, swamps, canals , t renches , t anks , reservoirs, or o the r sources ly ing wi th in or

(II) To widen or deepen or to close or divert any exis t ing creek, to be const ructed or excavated wi th in the i r r igat ion area, lagoon, swamp, or watercourse wi th in t he irr igation area,

(III) To lay pipes or cu t t renches or ducts outside t he i r r igat ion

area for t h e purpose of del ivering water to owners of adjoin­

ing

lands .

( I V )

To take wa te r from the river M u r r u m b i d g e e by means of p u m p i n g or other machinery erected w i th in or near the irri­ gat ion area on a sui table site to be selected by the Trus t and approved of by t he Minis ter unde r such regula t ions as to quan t i t y as t he Minis te r may sanct ion : Provided, however, tha t t he Minis te r may at any t ime cause inspect ion to be made of any works ini t iated, constructed, or managed by the Trus t , and if the construct ion, ma in tenance , or m a n a g e m e n t of such works be unsat isfactory, t he Minis te r m a y requi re the Trus t to m a k e such a l tera t ions or improvements as m a y be deemed necessary or useful, and the cost of such inspection and of such a l tera t ions and improvements shall be defrayed by such Trust .

No th ing

N o t h i n g in th is section	shall he const rued	to author ise t he Trus t	to
cons t ruct any dam, weir, e m b a n k m e n t , or	o ther	work wha tever in	or

upon the r iver M u r r u m b i d g e e so as to obs t ruc t , impede, or in any way

interfere wi th t he n a t u r a l flow or t he navigat ion of such river.

12. W h e n the designs, p lans , and descriptions of any works proposed by the Trus t have been approved b y the Minis ter , t h e Trust shall construct , main ta in , and con t inue such works in accordance w i t h such designs, plans, and descriptions so approved, and no a l tera t ion of, or deviation from, such designs, plans, or descriptions shal l be made except by the au thor i ty of t h e Minis ter for each and every such

a l tera t ion or deviation.

13 . W h e n e v e r the es t imated cost of t he construct ion of a n y

works proposed to be carried out by the Trus t exceeds the sum of fifty pounds, tenders for the cons t ruc t ion of such works shall be invi ted by publ ic adver t isement , a n d where the cost of such works is in tended to be defrayed, whol ly or in par t , out of loans g r an t ed or guaran teed by the Crown, t he T rus t shall forward the tenders to t he Min is te r with their r ecommenda t ions as to which tender , if any ,

should be accepted.	The Minis te r shal l	t h e n	decide, and shal l	d i rec t
the Trus t accordingly.

14. All works in tended to be defrayed, wholly or in par t , ou t of loans g ran ted or guaran teed by the Crown, shall be le t by contract , and the na tu r e and the a m o u n t of t he secur i ty to be given by t h e cont rac tor mus t be approved by t h e Minis te r before any tender shall be accepted.

15. The certificates and vouchers for all paymen t s made out of loans g ran ted or guaran teed by the Crown in the m a n n e r pre­ scribed, and all accounts in connect ion wi th such works, shal l a t a l l t imes be accessible for inspect ion by any officer appoin ted by t h e Minis te r for tha t purpose.

10. The Trus t shal l employ qualified engineers and surveyors for the prepara t ion of the designs, surveys , p lans , and es t imates for all works proposed to be carried out in pu r suance of this Ac t . A n d i t shal l be lawful for the Minis ter to direct the Trus t a t any t ime to cease to employ any engineer or surveyor he m a y t h i n k proper a t any t i m e and from t ime to t ime.

17. W h e n e v e r the re is reason to apprehend that damage may be caused by floods or otherwise before a reply could be obtained from the Minis ter , or whenever the re is a n oppor tun i ty to conserve flood- water , which opporuni ty migh t be lost before a reply could be received

i ts own risk, deal wi th the necessities of such case as it m a y deem from t h e Minister , the T rus t may , upon its own responsibil i ty, and a t	p r o p e r ; b u t in every such case t h e Minis te r mus t , w i thou t delay, be
informed of t he c i rcumstances in detai l , and his approval shal l be
applied for for thwi th .

I S . W h e n e v e r any person employed by the Trus t , in pu r suance

of th is Ac t , shall , while in t he execut ion of his duties , cause in jury to land, fences, or other proper ty , or shal l cause loss or damage to any owner of land or o ther proper ty , t h e person suffering such in jury , loss, or damage shall lie ent i t led to be compensa ted by the Trus t .

19. N o claim for compensat ion on accoun t of in jury , loss, or damage caused to persons or proper ty , by any person employed by the Trust , shall be valid unless made within six months after such injury, loss, or damage is sustained.

20. W h e n any person claims compensat ion from the Trus t , on accoun t of injury, loss, or damage sustained, and such claim is dis­ pu ted by the Trust , the se t t lement of t h e dispute; shall be submi t t ed to a rb i t ra t ion ; and the arb i t ra t ion shall proceed as provided for in the

" A r b i t r a t i o n Act of 1892" or any amendmen t thereof.

21 . The Trus t m a y from t ime to t ime, wi th t he sanct ion of

t h e Minis ter , demise or assign, for any t e r m not exceeding t h i r t y

years, any lands, t enemen t s , or he red i t aments purchased , t aken in exchange, or on lease by the Trus t in pur suance of this Act , or be ing a port ion or port ions of t he i r r igat ion a r e a ; or may , without such sanction, let or lease any such lands, t enemen t s , or hered i taments from year to year, or for any te rm not exceeding th ree years. Al l moneys to arise from any such demise or le t t ing shall bo applied towards the construct ion, ma in t enance , or improvement of t he w o r k s or proper ty of the Trus t , or in paving or d ischarging any interest, debt, or obl igat ion which the Trus t m a y be liable to pay or discharge.

22. N o lessee or occupier shall be allowed to t ransfer his lease to any other person or persons without first hav ing obtained the sanct ion of the Trust in wr i t ing to such transfer .
23. At the expirat ion of any term for which land m a y be leased, or ren ted from the Trus t , in the event of the lessee or occupier being unwi l l ing to en te r u p o n a Fresh t enancy or lease from t h e T r u s l . i t shall be lawful for t he Trust to appoi.n1 one valuer , and for the outgoing lessee or occupier to .appoint another valuer , and the two persons so appointed shall proceed to value all p e r m a n e n t improvements upon the land, the lease of which has expired, tha t shall have been affected at the sole cost of lessee or occupier, and in the even t of such valuers disagreeing as to the value of such improvements , some third impart ia l person shall bo m u t u a l l y chosen as umpi re , whose decision shall be final, and all costs of such valuat ion shall be borne equal ly by the said lessee or occupier and the Trus t . The land aforesaid shall t hen be publ ic ly offered by the Trus t , for lease or occupation, upon such t e rms and conditions as t he Trus t m a y deem expedient and subject to the pro­ visions of section twen ty - two , .and any person app ly ing for the lease or occupation of such improved Land shall pay to the Trus t , an a m o u n t equa l to the va lue of the p e r m a n e n t improvements est imated as aforesaid, .and tin's paymen t for improvement s shall be paid to the ou tgo ing lessee, less any expenses t h a t may have been incur red in the t ransfer or valuat ion, and the said lessee shall give to the t e n a n t a full

discharge in wr i t i ng upon receiving such p a y m e n t .

24. Should there be no applicat ion to lease such Land w h e n

publ ic ly offered in the m a n n e r specified in section twen ty -n ine , t h e n

i t shall be lawful for the Trus t , after t h e expirat ion of th ree m o n t h s f rom the da te of i ts be ing first offered, to reduce t he es t imated value of t he improvemen t s to such an .amount as the Trus t shall decide upon,

be disposed of, bu t no th ing conta ined here in shall bar or p reven t the	from t ime to t ime , .and to publ ic ly oiler t he lease again u n t i l the same
out -going lessee from again app ly ing for such lease.
25. Subjec t to t he provisions of this Ac t , i t shall be lawful for t he T rus t to enter into an a g r e e m e n t in wr i t ing wi th the owner or , occupier of any land wi th in the i rr igat ion area, or not being dis tant more t h a n three miles in a s t ra ight line from the boundary thereof, for the supply and delivery of water upon such land for a t e r m of years, no t exceeding t en years, or from year to year, a t a price by measure to be s ta ted in such ag reement , and in every such ag reement the owner of such Land shall agree to pay such price for the t e rm l imited in the agreement , .and to take from the Trust not less water in any year t han the m i n i m u m quan t i ty in such ag reement specified, and such .agree­ ment by such owner or occupier, whether under seal or not, shall be deemed to be a covenant r u n n i n g with the Land, and shal l b ind t h e land a n d the successive owners thereof, d u r i n g the said t e rm . But no th ing in such ag reemen t shall be construed to create any obligation on the pari of the Trust to supply any stated quant i ty of water in the event of

there

t he re be ing a t t he disposal of the Trust , an insufficiency of water as hereinaf ter provided, b u t such owner or occupier shall pay for t h e water actual ly supplied to h im at the price provided for in such agreement .

20. If at any t ime the supply of water at t he disposal of t he Trust , he insufficient to afford to all persons ent i t led by contract , the supplies which t hey may respectively he ent i t led to receive from the Trus t , it shall be competent for the Trus t to deliver to such persons such a m o u n t as t he Trust may deem proper, in quant i t ies propor t ionate to t he quant i t ies which such persons would have been respectively ent i t led to receive had there been enough water available, and such persons shall be chargeable accordingly, and in no case shall t he Trus t be liable to any act ion or other proceeding, for not supplying water to any person when it has been de te rmined by the Minis ter t h a t the Trust has been wi thout wilful default or negl igence upon its par t unable to supply such water .
27. N o person supplied with water by the Trust shall have the r igh t to t ransfer such supply , or any portion thereof to any other person or persons wi thout the sanction of the Trus t , and in all receipts given for water rates paid to t he Trust , and in all papers and documents referr ing to such rates , a note shall he entered to the effect tha t the r igh t to any water supplied by tin? Trus t is not t ransferable save by permission of the Trus t given in wri t ing .

28. W a t e r suppl ied by the Trust shall be delivered as prescr ibed,

a n d no person shall have 1 tin; r igh t to convey or use such water in ;i

m a n n e r or for a purpose o ther t h a n those prescr ibed.

29. The Trus t m a y acqui re by purchase or lease a r ight-of-way

for wa te r t h r o u g h any land whe the r it be long to a pr iva te individual ,

a corporat ion, or t he Crown. If a r ight-of-way for a d is t r ibutory channel , pipe, or condui t of any kind be required by any person 1o enable h i m to obtain a supply of water from the Trus t , the Governor m a y on the recommendat ion of the Minister , r e sume a r ight-of-way for such wa te r supply, and vest tin; same in the Trus t , and in e s t ima t ing the amoun t due as compensat ion to any owner the Minis ter shall deduc t f rom the va lue of the r ight-of-way so resumed, and the damage (if any) done by severance or otherwise, the amount by which the r ema in ing land of t he said owner shall have been increased in value by t h e pro­ jec ted works . In no case shall the owner have a r i gh t to claim in respect of the r ight-of-way so resumed the increased va lue due to tin; projected works. A n y compensat ion payable u n d e r th is clause shall

be a cha rge aga ins t	the Trus t	F u n d s .
in teres t in such water , bu t if in open drains t h e same shall be fenced,	t h e l and of any owner confer on such owner any r ight , t i t le , or vested 30. U n d e r no c i rcumstances shall t h e passage of water t h r o u g h	or no compensat ion shall be allowed for t respass of stock.

3 1 . W h e n e v e r it is necessary to const ruct a canal or channel of

a n y kind, or to carry a supply of water across any road, a sui table br idge or culver t or other means of crossing wi thou t h indrance to t he traffic on t he said road mus t be constructed by the Trus t .

32. I n t h e sale of water , the Trus t shall as far as pract icable

sell t he water by measurement .
33 . Subject to the sanction of t he Minis ter , the Trus t shall have power to fix rates for water supplied or for land irr igated by the works to be carried out pu r suan t to th is Act . The rates for water shall be of three kinds , namely—Firs t , for domestic use and for wa te r ing stock and wash ing sheep ; second, for irrigation ; th i rd , for power. I n addit ion to these rates the Trus t , subject to t he sanction aforesaid, m a y fix a ra te per acre on land so irr igated as aforesaid, a n d also w h e n the measuremen t of water is impract icable m a y fix rates per acre for different crops grown according to thei r na tu re , and where

it

i t is impract icable to measure water used by stock the Trus t may fix ra tes for all kinds of stock to which water is supplied at per head according to the kind thereof. And all rates and moneys due to t he T rus t for water supplied and otherwise may be recovered in a summary way before any two Jus t ices by any person appointed by the Trust to collect and recover the same.

34. The Trust may m a k e by-laws in addit ion to those set out

in the Second Schedule here to—

(a) To regulate; its proceedings at meetings, the number of members to form a quorum, the convening, postponing, or adjourning of ordinary or special meet ings .

(6) To deal with all mat te r s in respect of which by-laws are expressly or impliedly referred to in this Act .

(r) To regulate the administration and maintenance of the works constructed in pursuance of this Act .

('/) To prescribe the conditions on which water shall be supplied, and the mode of assessing proper ty and levying rates.

(V) To prescribe 1 he penalties to which any person shall be liable for

breach of or refusal or neglect to obey or observe such by-laws.

(,/')	To ensure bond fide se t t lement , improvement , and cul t ivat ion of land within the irrigation area, and all mat te r s and th ings
apper ta in ing thereto.

B u t no such by-laws shall he put in force unt i l confirmed by the Governor and published in the Gazette, The product ion of the Gazelle with any such by-laws so published as aforesaid shall in any sui t or proceedings whatsoever be sufficient evidence tha t such by-laws have been made, confirmed, and publ ished as is here in required.

35. The Governor m a y prescr ibe t he form of lease to be used u n d e r th is Act, and also m a k e regulat ions for ca r ry ing th is Ac t into full effect, so as to provide for all proceedings and all o ther ma t t e r s and th ings ar is ing under and consistent wi th this Act , and not expressly provided for ; and all such regula t ions shall upon being publ ished in the Gazette be valid in law, and a copy of every such regula t ion shall he laid before both Houses of Pa r l i amen t wi thin one mon th from the publicat ion thereof if Pa r l i ament shall be then s i t t ing, or within one month after the commencemen t of the Session

next ensuing .

P A R T I V .

Loans.

36. The, securi ty for the r e p a y m e n t of all moneys raised on

loan by the Trus t , and f o r the p a y m e n t	interest due thereon shall
b e —

(i) The lands and works vested in the T r u s t ;

( i i ) The proceeds of the sale of wa te r by t h e T r u s t ; and

( i n ) The rates leviable by the Trus t on t he lands to be irr igated by the works of t he Trus t .

37- I t shall not be lawful for the Trus t to borrow money from

any source or for any purpose wi thout t he sanct ion of t h e Governor.

38. W h e n e v e r t he Trus t desires to raise money on loan for t he

construct ion of a n y works authorised by th is Ac t t h e Trus t	shal l
make applicat ion to the Minis te r in wr i t ing	s ta t ing full par t iculars as

to the na tu r e and ex ten t of the land to be benefited by such w o r k s , of t h e exist ing liabilities (if any) of t h e Trus t , and of the est imated cost of t he proposed w o r k s ; and on receipt of such applicat ion t h e Minister shall after m a k i n g such inquir ies as may be deemed necessary s u b m i t

the

t he same, toge ther wi th such recommendat ions as he may deem proper to the Governor , and the reupon t h e Governor may direct t he g ran t ing of a loan to t he Trus t , subject to t he same be ing first voted by Pa r l i amen t , or may sanct ion the rais ing of a loan by the Trus t .

39. The aggregate a m o u n t of any loan raised by t h e Trus t , together wi th the exis t ing liabilities thereof, shall no t a t a n y t ime exceed one-half of the es t imated value which the land and proper ty of t he T rus t will possess on the complet ion of the works proposed to be constructed wi th the aid of such loan ; such est imated value shal l be de termined by the Minis ter .

40. W h e n a s ink ing fund has been formed as hereinafter pro­ vided for the l iquidat ion of any loan, the accumula ted amoun t of such s ink ing fund, shall for the purpose of es t imat ing the exis t ing liabilities of the Trus t be deducted from the a m o u n t of such loan.

4 1 . W h e n e v e r the Trust has raised a loan under the provisions

of this Act , a s ink ing fund shall be formed to l iquidate the same a t such ra te , and in such m a n n e r as the Minis ter may , at the t ime of the

g r a n t i n g or au thor i s ing of such loan direct.

42. The revenue derived from the sale of water , and the rates levied in pur suance of the provisions of section th i r ty -one shall be appl ied as follows :—

(a) I n paymen t of interest due in respect of loans.

(b) In contributing to the sinking fund according to the rates fixed by the Minister .

(c) F o r t he ma in t enance and m a n a g e m e n t of the works of t he

T r u s t ; or

(d) For the extension and development of such works .

43 . Trus t shall keep a separate account of every loan, a n d such accounts shall at all t imes be accessible to any officer deputed by t h e Minis te r to inspect t hem, and copies or abstracts of such accounts shal l be submi t t ed in such m a n n e r and at such t imes as may be pre­ scribed.

44. The Trust shal l du r ing the m o n t h of J a n u a r y in each

year furnish unde r s ta tu tory declarat ion a r e t u r n showing t h e mode of expend ing all moneys borrowed on loan, also t h e cost of managemen t for t h e preceding year, wi th a full account of all receipts a n d general expendi tu re for such preceding year, such r e t u r n to be presented to P a r l i a m e n t if t h e n in Session, if not , t hen wi th in fourteen days after

t he mee t ing of Pa r l i amen t .

45 . The ra te of interest , which shall be fixed by the Governor

as t h e r a t e chargeable upon any loan granted to the Trus t , m a y b e	one-
half per c e n t u m higher , b u t in no case shall be more t h a n one-half	per

c e n t u m h igher t h a n t h e ra te per c e n t u m paid by t h e Government upon the pub l i c loan, out of which such loan shall have been granted to t he Trus t .

40 . If in contravent ion of this Act t h e Trus t shal l raise a loan

wi thou t t he sanct ion of t h e Governor, or appropr ia te any moneys be­

long ing to t h e Trus t for the purpose of l iqu ida t ing any claim for

money so i l legally borrowed, or shall w i thou t t he sanct ion aforesaid app ly any port ion of a loan to a purpose o the r t h a n tha t for which the said loan was raised, or shall otherwise misappropr ia te a loan or any por t ion thereof, t he members of t he Trus t , who shall have consented to or par t ic ipa ted in such improper borrowing, appropria t ion, or appli­ cation as aforesaid, shall be jo in t ly and severally liable to pay t h e full a m o u n t of t h e moneys so improper ly borrowed, appropriated, or applied ; a n d such a m o u n t may be sued for by any person, and he recovered from such m e m b e r s of t he Trus t , or any of them, in any Cour t of

competen t jur isdict ion.

47. If, wi th t h e sanction of t h e Governor, t he boundar ies of t he i r r igat ion area or t he n a m e of t he Trus t be altered, no bond, mor tgage , or ag reement en te red in to b y the Trus t previously to such a l te ra t ion shall be rendered invalid, or shall, except as hereinafter provided, be in any way affected by such a l tera t ion.

48. If by reason of t h e a l te ra t ion of t h e boundar ies of t h e

i r r igat ion area, any works or p roper ty o ther t h a n land be taken from the Trust , compensa t ion therefor shall be paid to the Trus t , and any dispute in respect of t he a m o u n t of compensa t ion in such case shal l be de te rmined by arbi t ra t ion , according to t he provisions of t h e A c t

thir ty-first Victor ia n u m b e r fifteen. A n d if t h e works or p roper ty so

t aken from t h e Trus t form the securi ty or pa r t of t h e securi ty	for
any loan, t h e a m o u n t of	t he compensat ion received therefor shall be

applied in l iquidation or reduct ion of such loan. A n d whenever i t shall be deemed necessary in t he publ ic in te res t t h e Governor may , by proclamat ion, dissolve t he Trus t , a n d take control of t he whole of t he lands, works, goods, chat te ls , and funds a t t h e t ime be longing to or vested in such Trust , subject to all liabilities and obligations a t t ach ing to the same, and wi th al l t h e powers hereby created.

P A R T V.

Offences and Penalties.

49. Whoever , w i t h o u t proper au thor i ty , and vo lun ta r i ly does

any of the following acts , t h a t is to say :—•

(a)	Obstructs, in any way, any person, whether such person is ac t ing unde r t h e au thor i ty of t h e Trus t or of t h e Minis ter :
(b)	Removes, injures, or in any way interferes with any pegs, bench-marks , or other marks , or objects placed in the execut ion of his du ty by any person employed in pu r suance of th i s Act , in m a k i n g surveys, levels, or o ther invest igat ions in connect ion wi th any w o r k or project author ised by th is Ac t ,
(c)	Deposits material or refuse of any kind within the bounds of any land resumed, or otherwise acquired, for any work
author ised by th is Act ,
(d)	Pol lutes , or renders less useful t he water s t and ing or flowing in any river or work for water conservation and ut i l iza t ion vested in the Trus t .
(e)	In ter feres with t he supply or flow of any w a t e r i n any river, creek, s t ream, or lake manage d or main ta ined by the Trus t , or causes in ju ry to fences, works, land, or a n y o ther p roper ty held or managed or ma in ta ined by t h e Trus t ,

Shall for every such offence be liable, on convict ion before a n y two Jus t i ces to a pena l ty not exceeding twen ty pounds , or to imprison­

m e n t for a t e r m no t exceeding three mon ths .

50. A n y person who wilfully damages or obs t ructs any work for wa te r conservat ion and ut i l iza t ion vested in the Trus t , and any person who wi thou t proper au thor i ty interferes wi th t he supply or flow of water in, in to , or from a n y work cons t ruc ted or ma in ta ined under the provisions of this Act , shall for every such offence be liable on conviction before; any two Jus t ices to impr i sonment for a period not exceeding six mon ths , or to a line not exceeding one hund red pounds ,

or to a fine and impr i sonment combined wi th in t he l imits aforesaid.

5 1 . A n y person who being responsible unde r the provisions of

th i s Ac t for t he proper use and m a n a g e m e n t of a supply of water, neglects to t ake proper precaut ions for the prevent ion of waste of t he water , or interferes wi th the author ised dis t r ibut ion thereof, or uses such wa te r in an unau thor i sed manne r , shall for every such offence be l iable on convict ion before a n y two Jus t i ces to a penal ty not exceeding

t e n pounds , or to impr i sonment for a t e rm no t exceeding one m o n t h .

52. The penal t ies directed unde r last section for t h e wilful or
neg l igen t waste of water shall apply to the water r igh ts acquired unde r

t h e " M i n i n g A c t of 1 8 7 1 , " or unde r any other Act or Regu la t ion in

force re la t ing to min ing .

53. W h e n e v e r any person is fined, or a pena l ty is imposed upon

any person unde r this Act , t h e Jus t i ces m a y direct t h a t one-half of such fine m a y be paid by way of compensa t ion to t he Trus t or t h e persons or body, if any, injured by such person.

5 1 . A n y person offending against th i s Act m a y be sued for

compensation on account of t h e loss or damage incurred or susta ined t h r o u g h his offence, and this l iabil i ty for t he loss and damage caused

will no t in a n y way mi t iga te or effect t he concur ren t l iabil i ty to

p u n i s h m e n t for t h e said offence u n d e r t h e t e rms of th is Ac t .

55. N o t h i n g herein conta ined shall p reven t any person from

be ing prosecuted u n d e r a n y other law for a n y offence pun ishab le unde r th i s Act , provided t h a t no person shall be pun i shed twice for t h e same offence.

T H E F I R S T S C H E D U L E R E F E R R E D TO.

All thai piece or parcel of land in the Colony of N e w Sou th "Wales, county of Caira and par i sh of Balranald, area abou t two t h o u s a n d a c r e s : Commencing a t t he nor th-wes t corner of the pe rmanen t common of one thousand four hundred and sixty- four acres, dedicated twelf th J a n u a r y , one thousand eight h u n d r e d and e igh ty - th ree ; a n d hounded thence on pa r t of t h e east by p a r t of t he wes te rn boundary of t ha t common bear ing south about one hundred and ninety-six chains seventy-four links to a po in t east of t h e nor th -eas t corner of por t ion n ine of ten acres one rood ; on par t of t h e south by a l ine west to tha t corner by the no r the rn boundary of t ha t por t ion, t h e no r the rn boundaries of por t ions ten, eleven, and twelve of ten acres one rood each, and a l ine in all hear ing westerlv about for ty- two chains to t he eas t e rn boundary of t he suburban lands a t Balranald , as proclaimed in t h e Government Gazette of twenty- second Februa ry , one thousand eight h u n d r e d and e ighty-e ight ; on p a r t of t he west by pa r t of t h a t boundary hear ing n o r t h about one hundred and one chains to t he nor th -eas t corner of those suburban lands ; on t h e remainder of t he south by the n o r t h e r n bounda ry of t he suburban lands aforesaid bear ing west one h u n d r e d and fifty chains to the nor th -wes t corner of those suburban lands, be ing a po in t

n o r t h of the nor th-eas t corner of por t ion fifteen of two hundred and n ine ty- two	acres one r o o d ; again on pa r t of t he west by a line bear ing nor th about n ine ty -e igh t
chains to a point west of t he nor th-wes t corner of por t ion one h u n d r e d and twen ty of th ree hundred acres, dedicated for a racecourse, twenty-first May , one thousand e ight hundred and n ine ty- two ; on pa r t of the no r th by a l ine hear ing east about one hundred and five chains to tha t corner : on the remainder of the east by the western bounda ry of t h a t por t ion bear ing souther ly fifty chains to its south-west c o r n e r ; again on pa r t of t h e no r th by the southern boundary of tha t por t ion bear ing easter ly sixty chains to its south-eas t corner ; and on the remainder of the west by the eas te rn boundary of t ha t por t ion bear ing no r the r ly fifty chains to its nor th -eas t corner ; and on t h e remainder of
t he no r th by a line bearing easter ly about th i r ty chains, to t he point of commencement .

T H E S E C O N D S C H E D U L E R E F E R R E D TO.

By-laws and Regulations.

N o t less t h a n five acres and not more t h a n forty acres shall be held by any one

N o person under the age of eighteen years shall be allowed to lease land, and no
marr ied woman shall be allowed to lease land in her own right, separate from her husband.
A n y land leased or rented from the Trust shall be substantially fenced by the

person.

occupier within twelve months from date of occupation.

P e r m a n e n t

Permanent improvements to the value of a t least two pounds per acre shall he effected upon a l l holdings within three years from the first occupation of the s a m e ; this includes value of fencing, and improvements to the value of another two pounds per acre shall l>e made within the next ensuing two years, t ha t is five years from date of occupation.

Within two years from occupation one-third of the area occupied shall be put under cultivation, and within three years from date of occupation, a t least one-half of the area shall lie put under cu l t iva t ion; and after t ha t date, a t no t ime dur ing occupation, shall l e s s than this area be kept under cultivation.

An inspector shall be appointed by the Trust to see tha t all conditions and

improvements are faithfully carried out.