An Act to extend the time for completing the Broken Hil l and District Water Supply Company's (Limited) Works, and to amend the " Broken Hil l and District Water Supply Act of 1888." [1st April, 1892.]
| W H E R E A S an A c t | passed in t he fifty-third year of t he re ign of H e r present |
| of the Legis la tu re | of | N e w South Wales was |
| Majes ty , in t i tu led "The | Broken | Hill | and District | Water | Supply | Act |
| of | 1 8 8 8 " : | A n d whereas by t h e seven ty-n in th section of t h e said A c t |
| i t was provided t h a t | t h e works the reby au thor ized to be | established |
and carr ied out by t he Broken Hi l l and Dis t r ic t W a t e r Supply Company (Limited) should bo completed wi th in a period of two years from t h e passing of such A c t : A n d whereas it is expedient to ex tend the t ime l imited by such section for t he complet ion of t he said works : Be i t therefore enacted by t h e Queen 's Mos t Exce l len t Majesty, by and w i t h t he advice and consent of t he Legis la t ive Council and Legis la t ive
| Assembly | of N e w | South Wales in P a r l i a m e n t assembled, and by the |
au tho r i t y of t h e same, as follows :—
| 1. The t ime l imited by t h e said reci ted A c t for | t h e | complet ion |
of the said works shall he extended beyond the t ime the reby l imited, t h a t is to say, it shall be extended for t he period of e ighteen months
| f rom | t h e pass ing of th i s | Ac t . |
| 2. P r o m | and after t he pass ing of this Act t h e | Company |
| registered | as " Broken | Hi l l a n d | Dis t r ic t W a t e r | Supp ly | Company |
(L imi t ed ) " may , subject to t he approva l of t h e Governor, t ake and conduc t water from the Dar l ing Diver , from a point to be approved b y the Governor, to t h e said Company ' s reservoir a n d works a t B roken
| Hi l l , and also, subject to the l ike approval , to t ake and conduct | wa te r |
| f rom L a k e Speculat ion to t h e | said reservoir | a n d works , and | to | t a k e |
l and wi th in t h e area described in P a r t I of t he Schedule to th is Ac t , wi th power to deviate, subject to such approval as aforesaid, and to use t h e said land or any p a r t thereof for a p ipe- t rack or p ipe- t racks a n d other works necessary or expedient for t h e be t t e r supply of wa te r b y t h e said Company wi th in t h e said Dis t r ic t of Broken Hi l l , and for t h e construct ion and ma in t enance of works , t anks , reservoirs, mach ine ry , depots, a n d bui ld ings requi red by the said Company ; and all t h e provisions of t h e " Broken H i l l a n d Dis t r ic t W a t e r Supp ly Company ' s
| A c t , " | excep t | t h e | four th | subsection | of | t h e | th i rd | section, the n in th , |
for ty- th i rd , for ty-s ixth, sixty-first, and seven ty -n in th sections, and t h e Thi rd Schedule of t he " Broken H i l l and Distr ic t W a t e r Supply A c t of 1 8 8 8 , " here inaf ter referred to as t h e Pr inc ipa l A c t thereof shall , mutatis
| mutandis, | he applicable to t he purposes of th is Act , and in connect ion wi th |
| t h e lands ment ioned in t he Schedule h e r e t o : | Prov ided always t h a t t h e |
Company shall no t have exclusive r igh ts to d raw wate r f rom the lake and r iver aforesaid, and in t h e exercise of any of t he powers hereby conferred t h e Company shall inflict as l i t t le damage as m a y be, and in al l cases whe re i t can be done shall provide o ther water ing-places , drains , and channels for t h e use of adjoining lands in place of a n y t a k e n a w a y or in te r rup ted by them, and shall m a k e full compensat ion
| to all part ies interested for a l l damage sustained by t h e m t h r o u g h | the |
exercise of such p o w e r s : Provided never thelcss t h a t t he C o m p a n y shall no t be liable to m a k e compensa t ion in respect of any damage susta ined by reason of t h e t ak ing of wa te r from the said r iver or lakes
| or | e i ther | of | t h e m . | 3 . |
| 3. The " Broken H i l l and Dis t r ic t "Water Supply | Company |
(Limi ted)" shall, w i th in four m o n t h s after t h e pass ing of th is Ac t , commence, a n d wi th in e ighteen mon ths after t he said pass ing comple te , to t h e satisfaction of a n officer to he appoin ted by t h e Governor , t he following works, v i z . : The extens ion of a p ipe- t rack from the B r o k e n
| H i l l reservoir or reservoirs to L a k e | Speculat ion, and | i ts | con t inua t ion , |
| if necessary in t he opinion of t he Governor , to the River D a r l i n g ; | a n d |
| the cons t ruc t ion of all necessary p u m p i n g | appl iances | and | work | con |
| nected the rewi th . | A n d t h e said Company shall as a gua ran tee of good |
| fa i th , w i th in one m o n t h from t h e passing of th is Act , deposit wi th | t he |
| Colonial Treasurer t he s u m of t en thousand pounds , wh ich | s u m | shall |
be held by h i m as a Trus t B u n d . A n d in t he event of t he works n o t be ing so commenced or completed as here in provided i t shall be lawful for t h e Governor in e i ther case to order such s u m to be forfeited to H e r Majesty, and to become pa r t of t h e Consolidated R e v e n u e Bund , a n d t h a t al l r igh ts and concessions g ran ted by this A c t or t he Pr inc ipa l A c t shall be void and of no effect, and the reupon the said s u m shall be so forfeited, and the said r igh t s a n d concessions shall be void and of no effect. B u t after t he complet ion of t he said works, to the appoval of a n officer to be appointed as aforesaid, t h e said s u m of t en thousand pounds shall be r e t u r n e d to t h e said Company wi th in teres t a t t he ra te of four pounds per c e n t u m per a n n u m . A n d in t he event of such
| deposit no t be ing made as here in provided, th i s A c t a n d | the Brincipal |
| A c t shal l be void and of no effect. |
1. The m a x i m u m charge to be m a d e by the Company for t he supply of water by mete r shal l no t exceed the s u m of live shillings per thousand gallons.
| 5. Al l the works of t h e | Company , toge the r w i th all t he r ights , |
| powers, a n d author i t ies conveyed | by th is Act , wi th | al l | the i r | heredi ta |
m e n t s and appur t enances , shall , at t he expira t ion of twen ty -e igh t years from the da te of th i s Act , become and r ema in t h e absolute p roper ty of t h e Government , freed and discharged from all claims and liabilities whatsoever , a n y t h i n g in section forty-seven of t he Pr incipal
| A c t | no tw i th s t and ing . |
| 6. | N o t h i n g in th is A c t or t he P r inc ipa l | A c t | shall be | construed |
to l imi t or in any way interfere wi th t he r igh t s of t he Crown to t h e general control of t he n a t u r a l sujmlies of water , nor wi th t he r i gh t of t he Governor from t ime to t ime to resume and dedicate any por t ion of t he Crown lands comprised in t he Schedule to this A c t for a common, pa rk , or o the r publ ic purposes of a l ike n a t u r e , subject to such regu
lations as t he Governor m a y approve ; nor in any way interfere w i th
| any r i g h t conferred before t h e passing of th i s A c t ; nor in a n y way |
interfere wi th , abr idge, or encroach u p o n a n y r ights , powers, privileges, or concessions conferred u p o n the Broken H i l l W a t e r Supply (Limited) by t h e " Broken H i l l W a t e r Supply A c t of 1890." A n d t h e provisions of th is A c t or t he Brincipal A c t shal l be subject to the provisions of a n y A c t deal ing general ly w i t h water conservat ion t h r o u g h o u t t he Colony.
| 7. This Ac t m a y be cited as t h e " Broken | H i l l and | Dis t r ic t |
| W a t e r | Supp ly | A c t | A m e n d m e n t | Act | of | 1S92 ." |
SCHEDULE.
Description of land required by the "Broken Hill and District Water Supply Company
(Limited)," for conserving water near the Darling Miter, and for pipe-track between
Lake Speculation and the Company's pumping station and works near Broken Sill,
| and between the Darling Hirer and Lake | Speculation. |
A width of three chains for pipe-track from the Biver Darling to Lake Specula
tion, starting from a point to bo approved by the Governor-in-Council, and extending to
A width of three chains from Lake Speculation, commencing at the Company's proposed pumping station on that Lake, and terminating at the Company's works at Broken Hill.
Whatever land for pumping stations, reservoirs, and other works may he deemed by the Governor-in-Council to be necessary and sufficient.
Sit/Jits Conferred.
The right to pump water from Lake Speculation and from the River Darling. The right of easement for water from the Eiver Darling, through Lake Mcnindie to Lake Speculation, including the right to improve the connecting channels.