Brisbane Water Supply Act Amendment Act of 1902 (2 Edw VII No. 14) (Qld)

8586 WATER SUPPLY. ---"---------------------- Brisbane Water Supply Act Afllendment Act. 2 Enw. VlI. No. 14" WATER SUPPLY. ~ ENdow.. 1V4. II. An Act to Amend "The Brisb~e Water Supply" THE Act of 1889." BRISBANE WATER SUPPLY ACT [ASSENTED TO 26TH DECEMBER, 1902.J B AMENDMENT ACT OF 1902. E it e;nacted by the King's }J ost Excellent Majesty,. by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same,. as follows :- Short title 1. This Act shall be read and construed with and as· ~ I~~ . construc. an amendment of" The Brisbane Water Supply Act of 1889," * hereinafter called the Principal Act, and may be cited together with that Act as "The Brisbane Water Supply Acts, 1389-1902," or separately as " The Brisbane- Wate"'Supply Act Amendment Act of1902." By-laws with 2. The Board may from time to time make By-laws ; ' : ~ : a~ e~ : ~ with respect to regulating the supply of water to water- closets and urinals. All the provisions of the Principal Act relating t(). By-laws shall apply to By-laws made under the authority of this section. . Rep,,?,lof 3. Sections one hundred and twenty-seven and one 8 5 ~ 3 . 1 V 2 I 7 e. , 1 N 2 o 8 . . 9, hundred and twenty-eight of the Principal Act are repealed. Allowance to 4. (1.) The Board may, if it thinks fit, grant an chainnan. allowance to the chairman from the Water Fund to defray necessary personal expenses. Fees to Board. (2.) Each member of the Board shall be entitled to receive from the Water Fund for each attendance at a duly convened meeting of the Board a fee in accordance with a scale to be approved by the Governor in Council. P oof r f o L m t C e e X c m t 'a i l b o e n rs any L( 3o. c)alAAnyutmhoermitbyesrhoafllthneotBboyarrdeawsohno oisnlya omf etmhbeerfaocft' A uthol'ities. that he receives or is entitled to receive any allowance or fee out of the Water Fund in relilpect of his acting as.. Chairman of the Board or his attendance at any meeting' thereof be thereby deemed to be or become disqualified from acting or to cease to be qualified to act as a member- of such Local Authority. • 53 Vie. No. 9, supra, page 3818.

WATER SUPPLY. 8587 1902. Brisbane Water Suppl.1f Act Amendment Act. - - - ~ -- - -- - - ---~--~~- ~ - - - - - - - - - - - - - - - ~ ~ (4.) This section shall be read and construed as if it Validation of had been a part of the Principal Act at the passing ~ : ! t~ . ay. thereof, and all payments heretofore made by the Board out of the Water Fund in respect of allowances to the Chairman to defray necessary personal expenses and in respect of fees to members of the Hoard are hereby validated. 5. (1.) In order to ensure the better stora! v ?e of wa • ter cPoonwsetrrutcot and to augment the supply thereof, the Board may, subject weirs. to the provisions hereinafter contained, from time to time . construct and thereafter maintain, repair, enlarge, alter, and renew any weirs across the River Brisbane: (2.) The Board shall, before undertaking the con- struction of any such work, cause the necessary surveys and levels of lands to be made and taken, and cause to be prepared plans, sections, specifications, books of reference, and an estimate of the cost of the proposed work, and transmit the same or certified copies thereof to the Minister. (3.) On receipt thereof the Minister may cause the same to be examined and reported on by an engineer, who shall, if required to do so by the Minister, visit the locality of the proposed work before reporting upon the same. (4.) The Minister shall submit such report, with such plans, sections, specjfications, books of reference, and estimate to the Governor in Council for approval. (5.) '1'he Governor in Council may thereupon make an order empowering the Board to undertake the construc- tion of the work, and such order shall be notified in the Gazette and in some newspaper usually circulating in the district. (6.) For the purpose of' the construction and subse- quent maintenance and management of' any such work the Board shall have and may exercise all the powers and authorities vested in it under the Principal ..I\.ct for the execution, maintenance, and management of' works authorised by that Act. . (7) Nothing contained in the Principal Act or this S!"ving o,f Act shall be construed to authorise or empower the Board ~ ~ s~ c~ f to construct any weir or to execute any other works in Water or upon or in connection with that part of the Brisbane Authority. River between the point nearest to the pumping station of the Ipswich Water Authority and a point distant ten

8588 WATER SUPPLY. Brisbane TVater Supply Act Arnendment Act. 2 Emv. VII. No. 14, miles along the course therefrom towards the source of the said river without the sanction in writing of the said Water Authority. oCCfrooMnssbotyruuncttion poses 6 o . fWthheerPeraisncitiphaalsAbcetento focuonndstrnuecctesasawryeirfoarctrhoessptuhre- wsuebirs. idiary . aRbiovuetrsBbreislobwanethaet eaxipsotiinngt sMituoautnetdCfroorstbyy cBhariindgs eo, r itnh· etrhee- vicinity of the land described as portion sixty-eight, county of Stanley, parish of Kholo; and whereas the Board has duly submitted proper plans and specifications of the said work to the Minister, and the same have been approved by him, and whereas the owner of the said portion of land has for valuable consideration granted a release to the Board in respect of all claim for compensation in respect of damage sustained or to be sustained by him, and no other lands are or are likely to be injuriously affected by reason of the construction of the said work; and whereas the Board has in pursuance of such approval proceeded with the construction of the said work, and the same is now approaching completion, it is hereby declared that the Board was and is authorised to construct and to complete the said work, and is authorised hereafter to maintain and manage the same fully and to the same extent as if the same had been authorised under" The Brisbane Water Supply Acts, 1889-1902." No action to 7. After compensation has been made to all persons lie. interested in pursuance of section thirteen of the Principal Act, no action, indictment, information, or other proceed- ings shall be commenced, presented, prosecuted, or main- tained against the Board or any officer thereof or other person for or in respect of any alleged obstruction of the navigation of the River Brisbane, or any deprivation of access to the said River, or any diminution of the quan- tity of water in the said River or any part thereof by reason of the execution of any work authorised in pur- suance of either of the two last preceding sections, or for or in respect of any damages, loss, or expenses occasioned or alleged to be occasioned except damages, loss, or expenses occasioned or alleged to be occasioned by the flooding of lands by reason of the execution of any such work or in anywise whatsoever arising therefrom. Amendment of 53 Vie. 8. 'rIle following' words are added to section twenty- No. 9, s. 25. five of the Principal Act ; - " or upon such other basis of assessment as the Board thinks proper; "

WATER SUPPLY. 8589 1902. Brisbane Water Supply Act Amendment Act. "Provided that water supplied by the Board to' any Local Authority having jurisdiction within the District 'shall be charged and paid for by measure at such price as may be mutually agreed upon by and between the Board and the Local Authority, or, in the event of a failure to agree, at such price not less than actual cost price as may be fixed by the Minister; and, notwithstanding anything in this Act contained, any such Local Authority shall be entitled to be supplied with water reasonably sufficient for watering streets and general health purposes at the price :aforesaid, subject, however, to such regulations as may be .approved by the Governor in Oouncil to meet the con- tingency of any insufficiency or threatened insufficiency in the general water supply." 9. Whenever any land has been sold in pursuance Recovery of 'Of section six of "The Looal Authorities .d. ot of 1»01 '. "* roantelsancdhasroglded .and any residue of the proceeds of such sale relliitmS by Loc~l in the hands of the Registrar of the District Ocmrt Authonty• .after payment of the moneys prescribed by that section to be paid, then upon receipt by such Registrar of a ·certificate under the hand of the Ohairman of the Board that a certain specified amount is due to the Board for .arrears of water rates in respect of such land, such Regis- trar shall forthwith pay over to the Board such residue or :so much thereof as is sufficient to meet such claim for water rates, and the balance only, if any, of such residue :shall belong to such person as would if no sale had taken place have been entitled to receive the rents and profits ()f the land. 10. In section one hundred and forty-one of the Amendment Principal Act the words" six calendar months after the ~ o~ ~ ,~ ~ ci41. thing was done or omitted to be done, as the case may be, ,and not otherwise" are repealed, and the words" two months after the fact of such act or omission came to the knowl~ ge of the Board" are inserted in lieu thereof. I I ., 1 Edw. VII. No. 27, page 8167, but see now 2 Edw. VII. No. 19, ss. 243 and 247, supra, page 8355.