Broken Hill and Umberumberka Water Supply Act 1906 (NSW)

Act No. 54, 1906.

An Act to provide for an additional water supply

for Broken Hill and district; for that purpose

to confer certain powers on and to vest certain lands in the municipal council of Broken Hill; to authorise the transfer of such powers and lands to a trust to be constituted; to confer certain other powers on such trust; to apply and amend certain Acts; and for purposes consequent thereon or incidental thereto.

berka Water Supply Act, 1906." 2,

[28th December, 1906.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative	Assembly of New South Wales in Parliament assembled, and by the
authority of the same, as follows :—

1. This Act may be cited as the " Broken Hill and Umberum-

2. This Act is divided into parts, as follows :—

P A R T I . — T H E CONSTRUCTION OF WATERWORKS AND ACQUISITION OE LANDS.

P A R T I I . — S P E C I A L PROVISIONS AS TO W A T E R S U P P L Y .

P A R T I I I . — E X T E N S I O N OF A C T TO OTHER COMPANIES.

P A R T I V . — T H E TRUST.

P A R T	V . — O F F I C E R S .
P A R T	V I . — F I N A N C I A L PROVISIONS.
P A R T	V I I . — W A T E R SUPPLY FOR THE MINING COMPANIES AND

DOMESTIC PURPOSES.

P A R T V I I I . — P R O V I S I O N S A F T E R REPAYMENT OF DEBENTURES.

P A R T I X . — L E G A L PROCEEDINGS AND MISCELLANEOUS PRO­

VISIONS.

3. In this Act, and any part of any Act incorporated herewith,

except where otherwise clearly intended:—

" Alderman " means an alderman of the municipal district of

Broken Hill.

" Borough or municipal district" and " borough or municipality" mean the district.

" Catchment area " means the drainage area of the streams and other sources of water supply included within any boundaries
set forth in any proclamation under this Act for the purpose. " Chairman" means the chairman of the trust or the acting

chairman thereof.

" Conduit " means the canals, tunnels, aqueducts, cuttings, or pipes by means of which the main stream of water is supplied.
" Council " means the council of the municipal district of Broken

Hill, and, except in Part I V , includes the trust.

" Council clerk " means the person authorised by the council to perform the duties of council clerk, and includes the secretary

of the trust.

" Dis t r ic t" and " municipal district" means the municipal district of Broken Hill, and includes any locality within which any
of the powers conferred by this Act may be exercised.

" Domestic purposes " does not include a supply of water for

stables or for manufacturing purposes or for irrigation,
water power, fountains, or for any ornamental purposes.

" Incorporated " means that the legislation incorporated is to be read and construed as though the same were specifically enacted in this Act in aid of any of the purposes of this Act, whether such legislation refers to or depends on other

legislation or not.

" Justice " means any justice of the peace.

"Mayor ,"

" Mayor," " mayor of the council," or " mayor of such council " means the mayor of the municipal district, and includes any person acting in the office of mayor, and includes also the chairman of the trust and any person acting in the office of chairman of the trust.

"Member " means a member of the trust.

" Mines " means the several properties and undertakings of the

mining companies respectively situated or carried on in
Broken Hill or the vicinity thereof.

" Mining companies " means the mining and treatment companies in the vicinity of Broken Hill contributing to the scheme, and includes any new company admitted to the benefits of this Act pursuant to Part I I I .

" Mining company " means some one of the mining and treatment

companies.

" Minister " means Secretary for Public Works.

" Owner" means any person who is in receipt of the rents and

profits of any house, manufactory, or building, of whatsoever

kind, or of any land.

" Secretary " means the officer of the trust performing the duties

of secretary of the trust.

" Street " means any square, court, alley, highway, lane, road, thoroughfare, or public passage.

" Trust " means the trust hereby authorised to be created.

P A R T I.

The construction of waterworks and acquisition of land.

4 . (1) The council may at any time within a period of twelve

months, and subject to the approval of the plans by the Chief Engineer
for Rivers, Water Supply, and Drainage of the Department of Public Works, proceed to construct and carry out the scheme shortly described

in the First Schedule, with such modifications, alterations, and
extensions as the council may think necessary for the purpose of

securing an additional water supply to the inhabitants of the district,

and to assist the development of the mines.

( 2 ) I f works in connection with the scheme are not bona

fide commenced within the said period of twelve months, or if such works are thereafter for a continuous period of three months discontinued

without the authority of the Governor in that behalf, the council shall forfeit all its rights and privileges under this Act, and the same shall become void, and all Crown lands vested in the council in pursuance

of this Act shall revert to His Majesty absolutely free from all

estates, interests, encumbrances, and casements created after the

commencement of this Act. 5 .

5. Such Crown lands as arc included in the lands described in the Second Schedule are hereby vested in the council for an estate

of inheritance in fee simple in possession, freed and discharged from

all trusts, obligations, estates, interests, contracts, charges, rents, rates,
rights-of-way, or other easements whatsoever, and to the intent that the legal estate therein, together with all powers incident thereto or conferred by this Act, shall, subject to the provisions thereof, be vested in the council:
Provided that the council shall have no power to lease or sell any such lands, or to utilise such land for purposes other than those

for which the trust may be created in pursuance of this Act.

6 . " Crown lands " means all lands vested in His Majesty which

have not been dedicated to any public purpose, or which have not been granted in fee or lawfully contracted to be so granted, or which are not under lease for purposes other than pastoral purposes.

7 . (1) The council may for the purpose and subject to the

provisions of this Act acquire, purchase, or take on lease, sell, or

exchange any land wherever situated, whether within or without its

municipal district, and may also purchase any water privileges or easements which interfere with the proper drainage or with the supply

of water.

(2) Any lands so acquired by the council, but not required

for the purpose for which they were acquired, may, with the approval
of the Governor, be sold or leased by the council, and the proceeds of
such sale or lease shall he applied in discharging by means of a sinking fund or otherwise the liability in respect of any moneys borrowed for the purposes of this Act.

8 . The whole of Part I V and the Third, Fourth, and Fifth

Schedules (such Schedules being modified to suit the purposes of this Act) of the Country Towns Water and Sewerage Act of 1880 are

hereby incorporated.

9 . The Governor may at any time define by proclamation the

boundaries of any catchment area and of any water district within

which any of the powers hereby conferred may be exercised, and such
boundaries may be outside the boundaries of the municipal district.

1 0 . Section thirteen (except subsections twelve to fifteen, both

inclusive, thereof, and except so much of that section as prescribes the

distance from the water main of the council within which lands and tenements may be subject to water rates) and sections fourteen and
fifteen of the Country Towns Water and Sewerage Act of 1880 are
hereby incorporated :
Provided that the said sections hereby incorporated shall apply
only in respect of any land or premises supplied with water by the

council or the trust under the provisions of section seventy-two of this Act or out of the surplus water referred to in section seventy-three of

this Act.

P A R T

P A R T IT.

Special provisions as to water supply.

1 1 . The whole of Part I I of the Country Towns Water and

Sewerage Act of 1880 (except sections thirty-five to forty-one, both inclusive, and sections sixty and sixty-one) is hereby incorporated.

1 2 . The following provisions of Act number forty-three of one

thousand nine hundred and five are hereby incorporated, namely,
sections five to eleven (both inclusive), twenty-one and twenty-two,
the whole of Part I I I (except sections thirty-six and thirty-seven and subsection two of section thirty-eight), section sixty, and sections sixty-two to seventy (both inclusive), and Schedules A and B :

Provided that the incorporation of the said Part I I I shall be

subject to the proviso contained in section ten of this Act.

P A R T I I I .

Extension of Act to other companies.

1 3 . Any company (hereinafter referred to as a "new company " )

desirous of obtaining the benefits and becoming subject to the liabilities
by this Act conferred and imposed respectively on mining companies
may by writing under its common seal apply to the trust that it may
enjoy such benefits and become subject to such liabilities.

1 4 . The trust shall, on receipt of such application, consider the

same, and may by resolution reject the same or accept the same
conditionally upon such terms as the trust may in its absolute

discretion think fit:

Provided that such new company may, in the event of its being

confirm, vary, or alter the conditions contained in such resolution of	dissatisfied with such resolution, appeal to the Minister, who may
the trust, and the trust shall be bound by the decision of the Minister.

1 5 . On compliance with such terms the new company shall be

deemed a mining company, and shall thereafter enjoy all the benefits, and thereafter be subject to all the liabilities, which the mining companies arc thereafter entitled and subject to respectively.

P A R T

P A R T I V .

The trust.

1 6 . There shall he a trust to he called " Broken Hill and

Umherumberka Water Trust."

1 7 . (1) The council may, with the consent of the Governor-in-

Couucil, from time to time, and at any time, assign, transfer, convey, and release to the trust any of the rights, powers, and

authorities, privileges, liabilities, and obligations conferred and imposed upon the council by this Act, together with all lands, tenements, hereditaments, estates, chattels, and effects of every kind acquired by, under, or in pursuance of, and purchased, occupied, or used in connection with the same. Upon and after the completion

of such assignment, transfer, conveyance, and release, the trust, its

assigns and its and their officers, agents, and servants may lawfully
exercise and enjoy all such rights, powers, authorities, and privileges,
and shall be and continue to be subject to all such liabilities, obliga­

tions, penalties, and forfeitures to which the council, its officers,

agents, or servants would have been entitled or subject to had no such

assignment, transfer, conveyance, and release been completed.

( 2 ) Nothing hereinafter contained shall prejudice or affect

any rights, accrued actions, or proceedings taken against, or liabilities,

obligations, penalties, or forfeitures incurred by, the council before the
completion of the said assignment, conveyance, and release.

1 8 .    The trust shall consist of seven members, three of whom shall

be appointed by the council, three by the mining companies, and one by the Governor. When debentures have been issued pursuant to section fifty-five, and so long as any such debentures are outstanding,

the number of the members of the trust shall be increased to nine
by the appointment by the debenture holders of two additional

members. When the debentures are paid off, the said additional

appointed by the council by a resolution of the majority of the members	members shall retire. 1 9 . The members to be appointed by the council shall be
of that body present at a meeting convened and held for the purpose.

I f at any meeting of the council convened for the purpose a

resolution be carried by an absolute three-fourths majority of the

council calling upon any member of the trust appointed by the council

to retire from office, such member shall thereupon retire accordingly.

The council may by the same or another resolution appoint some

person to be a member in place of the member called upon to retire, and such new member shall be deemed to have been duly appointed as a member appointed by the council.

2 0 . No person shall he so appointed by the council who has not

previously, by writing signed by him and delivered to the mayor or the council clerk, signified his willingness to act as a member and who does not at the time of his appointment hold office as alderman.

2 1 . Every appointment shall be certified by writing under the

common seal of the council.

2 2 . The council shall notify the appointment in the Gazette.

2 3 . The Gazette notifying such appointment shall be conclusive

evidence that the same was duly made.

2 4 . The members to be appointed by the mining companies

shall be appointed according to the provisions contained in the Third

Schedule.

2 5 . Every appointment by the mining companies shall be

notified in the Gazette.

2 6 . The Gazette notifying such appointment shall be conclusive

evidence that the same was duly made.

27. The members to be appointed by the debenture holders

shall be appointed in accordance with the provisions contained in the
Fourth Schedule.

2 8 .    In any case where there has, in the opinion of the Governor,

been unreasonable delay in the appointment of a member by the
council, the mining companies, or the debenture holders, the Governor

may, on behalf of the council, mining companies, or debenture holders guilty of such delay, appoint the member or members required to be appointed by the council, mining companies, or debenture holders
respectively.

2 9 . Members so appointed by the Governor shall be deemed to

have been duly appointed by the council, mining companies, or
debenture holders as the case may be.

3 0 .    The Governor shall, in the Gazette, notify the name or names

of any persons so appointed, and on whose behalf such persons have been appointed. The Gazette containing such notification shall be conclusive evidence that such persons have been duly appointed by the council,

mining companies, or debenture holders as mentioned in the notification. 3 1 . When any vacancy occurs in the trust the same shall be

filled up in manner hereinbefore provided, so far as applicable, by
appointment by the council, the mining companies, or debenture holders according as such vacancy has been caused in respect of a member appointed by the council, the mining companies, or the debenture holders.

3 2 . Every member shall, subject as hereinafter mentioned, be

deemed to have been appointed for three years.

3 3 . (1) At the end of every year from the date of the

appointment of the first member, one of the members appointed

by the council, the mining companies, and the debenture holders

respectively shall retire. (2)

(2) As between the respective members appointed respec­

tively by the council, the mining companies, and the debenture
holders, the member to retire shall be the one who has been longest in office since his last appointment, and in case of equality in length

of service as member such retirement shall be determined by lot.

3 4 . A member retiring shall, except during the continuance of

any disability as herein provided, be eligible for reappointment.

3 5 . Any member—

(a) having his estate placed under sequestration as bankrupt;

(b)	having executed any deed of assignment for the benefit of his creditors;
(c)	being absent without leave from the meetings of the trust for more than three consecutive months ;
(d)	holding any office or place of profit (other than that of member) under or in the gift or disposal of the trust;
(e)	being directly or indirectly by himself or any partner engaged
or interested in any contract or employment with, by, or on behalf of the trust;
(f)	being a member appointed by the council ceasing to hold

office as alderman;

(g) being of unsound mind ;

shall thereby become disqualified and shall cease to hold office as a

member.

3 6 . Every person becoming disqualified by reason of the

sequestration of his estate or the execution of any deed of assignment as aforesaid shall, on obtaining his certificate or paying his debts in
full, or obtaining an absolute release from his creditors, be capable of

being reappointed.

3 7 . No member shall be disqualified or cease to hold office

by reason of his being a shareholder or director of any joint stock
company contracting with the trust.

3 8 . Every member appointed by the mining companies or

debenture holders respectively shall be disqualified and cease to hold

office upon being requested to retire, as provided in the Third and

Fourth Schedules respectively.

3 9 . (1) The trust may make regulations for or relating to—

(a) the times of its meetings ;

(b) the conduct of its proceedings and business ;

(e)	the appointment, powers, and control of committees formed out of members of the trust;
(d)	the duties, control, supervision, and guidance of its officers and servants ; and
(e) the use of its common seal.	(2)

(2) All such regulations shall he published in the Gazette,

and the Gazette purporting to contain any such regulation or any amendment or repeal of a regulation shall be evidence thereof, and that such regulation, amendment, or repeal was duly made.

4 0 . The trust may act notwithstanding any vacancy or

vacancies in its membership.

4 1 . The meetings of the trust shall be held at Broken Hill.

Three members shall form a quorum.

4 2 . The trust shall appoint one of the members appointed by

the council to be chairman of the trust, who shall be chairman of every committee appointed by the trust, and he shall have a casting as well as a deliberative vote on the trust and on every committee of the trust. When the chairman is absent from any meeting, the members present shall appoint one of the members appointed by the council to be chairman to act during such absence, and he shall preside and have

a casting as well as a deliberative vote.

4 3 . The chairman shall be paid out of the moneys of the trust

an honorarium of one hundred pounds per annum, and each of the members shall be paid out of the said moneys an honorarium of fifty pounds per annum. No alderman, by reason of being a member of the trust, shall be disqualified from holding or shall cease to hold
office as alderman.

4 4 . The trust shall be a body corporate by the name of " The

Broken Hill and Umberumberka Water Trust," and shall have

perpetual succession and a common seal.

4 5 . All courts, judges, and persons acting judicially shall take

judicial notice of such seal and shall presume that the same was

properly affixed.

4 6 . Every instrument which it may be necessary for the trust

to execute shall, subject to the provisions of section ninety, have the

seal affixed thereto.

4 7 . The trust—

(a) may in its corporate name acquire, hold, and alienate property,

and sue and be sued in all courts, and be a party to any
arbitration ;

(b)

shall acquire from the Minister the tools, plant, and materials belonging to the Government at the site or in the vicinity of the dam at Umberumberka at a valuation to be determined upon.

(c)

may delegate to any committee, officer, or servant any of its powers as it thinks fit, and may alter, vary, or revoke such delegation ;

(d)

may do all such acts and things as may be necessary and expedient for carrying out the purposes of this A c t ;

2 A (e)

(e) shall cause proper minutes or records of all its proceedings and the proceedings of any committee to be kept ;

(f) shall cause proper books of account to be kept to the

satisfaction of the auditors ;

(g) shall each year appoint two auditors and fix their remunera­ tion. No auditor shall hold office for more than two

consecutive years. The auditors shall have access to the

books of account and vouchers whenever they think
necessary, and shall certify the balance-sheets;

(h) shall cause a proper balance-sheet to be prepared to the

satisfaction of the auditors every six months, and the same

shall be published in the Gazette.

4 8 . (1) Upon affidavit that any member has been appointed to

or holds or exercises such office of member being incapable under the

provisions hereof of being or continuing such member, it shall be lawful for the Supreme Court, or any judge thereof, to grant a rule or order calling upon such person to show cause to the court why he should not be, by the said court, ousted of the said office, and where upon the return of such rule or order it appears to the court that such person so appointed or holding or exercising such office was at the time of his appointment, or while holding or exercising such office, incapable under the provisions hereof of being or continuing such member as the case may be, the court may make such rule or order absolute, or if the matter does not so appear, may discharge such rule
or order, and in either and every such case with or without the

payment of costs to or by either party as the court deems meet.

(2) The person against whom any rule is made absolute

shall be deemed thereby to be ousted of any office accordingly.

(3) No order or rule shall in any case be granted if at the time of such application for any such rule or order more than three months have elapsed after the appointment or the time when the person against whom such application is made was disqualified.

P A R T V.

Officers.

4 9 . The trust shall appoint such officers and servants as in their discretion they may deem necessary for the execution of the powers and duties hereby vested in the trust, and shall assign remuneration to such officers and servants by way of salaries,

allowances, or wages, which shall be in lieu of all fees, perquisites,

and other emoluments whatever.

5 0 . Every officer employed by the trust who exacts or accepts on account of anything done by virtue of his office, or in relation to the matters to be done under this Act, any fee or reward whatever other than the salary or allowance allowed by the Trust shall he

liable to a penalty of not less than ten pounds nor more than one

hundred pounds.

5 1 . (1) Every officer or servant who, by reason of his office or employment under the trust, is entrusted with the custody or control
of any moneys shall—

(a) give such security for faithfully and duly accounting for the same as the trust may think sufficient;

(b)	within seven days after having received any moneys or within such shorter time as the trust may appoint, pay over the same to some person appointed by the trust or into some bank selected by the trust;
(c)	as and when the trust may direct, deliver a list signed by him containing the names of all persons who have neglected

or refused to pay any sums due by them;

(d)	when and as required by the trust make out and deliver a true and perfect account in writing under his hand and signature of all moneys received by him for the purposes of this Act, distinguishing how and to whom and for what purposes such moneys have been disposed of;
(e)	together with such account deliver the vouchers or receipts

for all payments made by him, and shall pay over to or receive

from the said person appointed by the trust mentioned in subsection (b) hereof or the chairman the balance of such accounts (if any).

(2) I f any such officer or servant fails to render such account, or to produce and deliver up all vouchers and receipts in his possession or power, or to pay over any such moneys or balance as aforesaid, or if, for the space of seven days after being thereunto required, he fails to deliver up to the trust all books, papers, writings,
property, effects, matters, and things in his possession or power
belonging to the trust, he shall, on proof thereof before any justice,

and on his still failing or refusing to do such or any other required
act relating to the premises, be liable, on summary conviction before a justice, to be imprisoned for any term not exceeding three weeks or

until he has done such act.

And if it appears that he has failed to pay over such moneys as aforesaid, and he still fails or refuses so to do, the justice may cause any such moneys as aforesaid to be levied by distress upon his goods and chattels, and in default of any sufficient distress may commit him to gaol without bail for any time not exceeding three months unless such moneys be sooner paid :

Provided

Provided that upon proof on oath to any justice that there is probable cause for believing that any such officer or servant so charged is about to abscond, such justice may, without summons, cause him to be forthwith apprehended upon warrant, and may, upon prima facie proof on oath of the charge, require him to give bail for his subsequent appearance to answer the same:

Provided also that no such proceeding shall relieve any surety

of the offender from any liability whatsoever, nor any such offender

from being held to answer any criminal information, charge, or
proceeding whatsoever.

5 2 .    ( 1 ) The chairman may suspend from office at any time any

officer or servant of the trust who may, in his opinion, be guilty of

misconduct or neglect, and if necessary may temporarily appoint and may take security from another officer or servant to fulfil the duties of such officer or servant so suspended as aforesaid :

Provided that at the then next meeting of the trust the chair­

man shall report the matter to the trust, and if the officer or servant

so suspended is dismissed by the trust, no salary or wages shall bo
due or payable to him from or after the date of his suspension.

(2) Every officer or servant so temporarily appointed shall only hold office and receive remumeration (which remuneration shall in no case exceed that paid to the suspended officer or servant) until the trust decides whether the person suspended shall be reinstated or shall be dismissed and a successor appointed in his stead.

P A R T V I .

Financial provisions.

5 3 . The trust may, as hereinafter provided, borrow such money,

not exceeding two hundred thousand pounds, as in the opinion of the

trust may be required for any of the purposes of this Act. 5 4 . The trust may, on the terms and conditions contained in

the Fifth Schedule, issue debentures to secure the repayment of money

borrowed with interest thereon to the lenders.

5 5 . No judgment against the trust shall be enforced except as

against or be recoverable except out of the property of the trust.

5 6 . In the event of the trust determining to borrow moneys, it

may at any time, not later than two years from the passing of this
Act, and from time to time during such period by notice in writing

under the seal of the trust, call upon the mining companies to lend to the trust any sum or sums of money not exceeding in the aggregate

of all such demands two hundred thousand pounds.

5 7 . Any such notice shall he deemed to have been duly given

to the mining companies if the same has been advertised twice at least in the Gazette, and twice at least in one daily newspaper circulating in Broken Hill.

5 8 . The notice shall specify the amount required to be lent by

each mining company.

5 9 . The liability hereby imposed is a several liability, and the

amount to be lent by each of the mining companies shall be ascertained and fixed mutually between the contributing mining companies and the trust.

6 0 . Each of the mining companies shall, within one month

after the last advertisement of the notification mentioned in section fifty-eight, pay to the trust the moneys ascertained and fixed in
accordance with section fifty-nine required to be lent by such company.

6 1 . The liabilities hereby created in favour of the trust against

the several mining companies respectively shall, without prejudice to any other remedy, bo enforceable against any property of the respective mining companies situated within the State of New South
Wales, and the amount thereof may be levied by distress and sale of
such property on a warrant of the chairman as though such amount

were rent in arrear to the trust.

6 2 . Any of the mining companies may discharge the whole or

part of the obligation hereby imposed in respect of the particular amount required to be lent by such company by finding some one or more persons (hereinafter referred to as " t h e substitutes") willing to lend and lending to the trust the particular amount required on the terms on which such mining company is liable so to do.

6 3 . In exchange for and to the amount of the moneys

respectively lent, the trust shall deliver debentures to the respective

mining company or substitutes.

6 4 . Such debentures shall be in the form in the Sixth Schedule

and shall confer the rights and be issued on the terms and subject to

the conditions mentioned in the Fifth Schedule.

6 5 . The principal moneys respectively lent by the mining

companies or substitutes shall be repaid to the registered holders for the time being of the debentures and in exchange for the debentures unless lost or destroyed (in which ease such loss or destruction shall
be proved to the satisfaction of the trust) on the date mentioned in

the debentures respectively, not exceeding thirty years from the respective issue thereof as therein respectively mentioned, or such debentures may at any time be redeemed by the council. Such debentures shall bear interest at a rate not exceeding five pounds per centum per annum payable by half-yearly instalments on some dates appointed in the debentures respectively.

6 6 . As long as any debenture issued by the trust remains

unredeemed the trust shall, on the thirtieth day of June and thirty-
first day of December in every year after making provision or
allowance in account for—

(a)	payment of expenses incurred during the preceding six months in connection with the business of the trust, including maintenance;
(b)	a renewal fund to replace and to be applied solely in replacing the renewable parts of the undertaking then constructed ;
(c)	estimated current expenses during the next following month in connection with such business,

apply the residue of its receipts—

(a) in defraying the interest then payable on debentures; and

(b) in forming a sinking fund to be invested in any way in which trust funds may be invested for the purpose of and to be applied and applicable solely for the redemption of the principal and interest moneys secured by the debentures.

6 7 . Upon the works referred to in the Broken Hill Water

Supply Act, 1800, becoming vested in the Government, either by acquisition or reversion, it shall be lawful for the Governor, by
notification in the Gazette, to notify to the council or trust his

intention to acquire the works constructed under this Act, together with all lands and other property vested in the council or the trust in connection therewith; and the same shall, on a date to be fixed by the Governor, absolutely vest in His Majesty. The purchase money shall be as agreed upon between the Governor and the council or trust, and in case of dispute shall be determined by arbitration in accordance with the Acts then in force regulating the settlement of disputes by arbitration : Provided that the amount to be paid as such purchase money shall not exceed the cost of such works, land, and property.

P A R T	VII.
Water supply for the ruining companies	and domestic	purposes.

6 8 . Any of the mining companies may from time to time, by

notice in writing under the hand of its manager, secretary, or other officer, from time to time appointed for the purpose, notify the trust

of the amount of water (hereinafter called " the required reserve")

such company requires the trust to keep in reserve for its use during
the next ensuing twelve months.

6 9 .    The trust shall, subject to this Act, and unless prevented by

shortness of supply or unavoidable accident—

(a) conduct its business so that the required reserve of every

mining company shall be kept in reserve and applicable for
the use of such mining company ;

(b) supply each of the mining companies with water from time to time required by such mining company to the amount of the required reserve, delivered through meters on some part

of the property of such mining company approved by the

trust, at a rate not exceeding two shillings and sixpence per
one thousand gallons.

7 0 . I f in any year, calculated from the first day of January to

the thirty-first day of December, any one of the mining companies has not taken an amount of water equal to its highest required reserve, as notified to the trust during such year, and the trust has at all times during such year been ready and willing to supply such mining company with the same, the trust may demand and recover payment from such mining company for the difference between such amount and that during such year so taken at a rate not exceeding two shillings and sixpence per one thousand gallons.

7 1 . When the supply of water from Stephen's Creek is, or is

likely to become, exhausted, inadequate, unavailable, or unfit for
domestic purposes, the council, on receipt of and in accordance with the certificate in writing of the Chief Engineer for Rivers, Water Supply, and Drainage of the Department of Public Works to that effect, may, by resolution under its common seal, require the trust to keep in reserve the amount of water specified in such resolution for the domestic purposes of the population of Broken Hill.

7 2 . Upon receipt of such resolution the trust shall—

(a) out of the water then available reserve for such domestic purposes the amount of water specified in the resolution, and

sell and supply to the council water to the amount required

to be reserved for domestic purposes, or so much thereof as

may be required by the council at some point or points of delivery in Broken Hill determined by the trust on receiving
payment for such water at the same rate as that chargeable to the mines ; and
(b)	cease to supply any mining company, or diminish the supply to any mining company, in order to secure a supply to the
council of the amount required as aforesaid, to be reserved for domestic purposes.

7 3 . (1) Subject to the rights hereby conferred in favour of a supply of water for the mining companies and for domestic purposes, the council may require the trust to sell and dispose of any surplus water to the council at the same rate per one thousand gallons as

that

that charged to the mines; such water to he delivered to the council in Broken Hill at some point or points of delivery nearest to the receiving tank station of the Broken Hill Water Supply, Limited, on reserve number three thousand and seventy-five.

(2) The council may resell any water so purchased at such

rate to such persons and in such manner as the council thinks fit, and

generally may exercise any of the powers conferred by this Act.

P A R T V I I I .

Provisions after repayment of debentures.

7 4 . As soon as all the debentures issued by the trust have been

redeemed—

(a)	the members appointed by the debenture holders shall retire from office;
(b)	subject to the special provisions relating to the supply of water for domestic purposes the trust shall supply water to the mining companies and the council at a price not exceeding,

after making all proper allowances, the actual cost to the

trust of such water delivered at the mines plus ten pounds per centum thereon ;
(c)	the profits of the trust in every year shall be distributed as to one-half to the council for the general purposes of the

council, and as to the remaining half shall be applied in

reducing the cost of water pro rata to the mining companies
during the ensuing twelve months.

P A R T I X .

Legal proceedings and miscellaneous provisions.

75. The following provisions shall and may be applied in respect of all actions and proceedings taken in respect of claims for damages not within the meaning and operation of Part I V of the Country Towns Water and Sewerage Act of 1880, or any incorporated amendment thereof, namely : —

(a) No action against the trust shall be maintainable in any court other than the Supreme Court, and no writ of execution shall be issued against the council until the expiration of fourteen days after final judgment has been signed.

(b)

(b) No plaintiff shall recover in any such action unless notice in writing has been given to the defendant twenty-eight days

before such action is commenced of such intended action,

signed by the attorney of the plaintiff specifying the cause
of such action, and the plaintiff shall not recover in any such
action if tender of sufficient amends has been made to him

or to his attorney by or on behalf of the defendant before

such action brought. In case no such tender be made, it shall be lawful for the defendant in any such action, by leave
of the court at any time before issue joined, to pay into court

such sum of money as he thinks proper, whereupon such proceedings, order, and judgment shall be made and given

by such court as in other actions Avhere the defendant is

allowed to pay money into court,

(c) No such action or suit shall be brought after three months from the act committed. The defendant in every such action

or suit may at his election plead specially or the general issue, and give this Act and the special matter in evidence

at any trial, and prove that the same was in pursuance and under the authority of this Act. I f the same appear to have been so done, or i f such action or suit have been brought

before the expiration of twenty-eight days next after such notice has been given as aforesaid, or after sufficient satis­ faction made or tendered as aforesaid, or after the time
limited for bringing the same, or be brought in any other

place than as aforesaid, the jury shall find a verdict for the
defendant. Upon such verdict, or i f the plaintiff be nonsuited

or discontinue his action or suit after the defendant has

appeared, or upon any demurrer, judgment bo given against the plaintiff, the defendant shall recover full costs of suit and have such remedy for recovering the same as any other defendant has in other cases by law.

7 6 . Where by this Act any question of compensation, expenses,

determination of any one or more justices, i t shall be lawful for any	charges, or damages, or other matter is required to be referred to the
justice, upon the application of either party, to summon the other
party to appear before one justice, or before two justices, as the case may require, at a time and place to be named in such summons, and upon the appearance of such parties, or in the absence of any of them, upon proof of due service of the summons, it shall be lawful for such one justice or such two justices, as the case may be, to hear and deter­ mine such question, and for that purpose to examine such parties, or any of them and their witnesses, on oath, and the cost of every such inquiry shall be in the discretion of such justices, and they shall determine the amount thereof.

7 7 . I f through any act, neglect, or default, on account whereof

any person has incurred any penalty imposed by this Act, any damage to any conduit, main pipe, or property of the trust, used in connection therewith, has been committed by such person, he shall be liable to make good such damage, as well as to pay such penalty. The amount of such damages shall, in case of dispute, be determined by the justices,

by whom the party incurring such penalty has been convicted. On

non-payment of such damages on demand, the same shall be levied by distress, and such justices, or one of them, shall issue their warrant accordingly.
7 8 . I t shall be lawful for any officer or servant of the trust, and all persons called by him to his assistance, to seize and detain any person who has committed any offence against the provisions of this

Act, and whose name and residence is unknown to such officer or

servant, and convey him with all convenient despatch before some

justice, without any warrant or other authority than this Act, and

such justice shall proceed with all convenient despatch to the hearing

and determining of the complaint against such offender.

7 9 . Nothing in this Act shall be construed to render lawful

any act, matter, or thing whatsoever, which, but for this Act, would
be deemed to be a nuisance, nor to exempt the trust, or any person,

from any liability, prosecution, or punishment, to which the trust, or
such person, would, but for this Act, have been subject.

8 0 . Any person appointed by the trust in that behalf shall have the same right and authority to represent the trust in instituting and conducting any action, suit, or other proceeding in any court of law,

or in equity by, for, on account of, or against the trust, as if such action, suit, or proceeding had been brought or instituted by, for, on

account of, or against such person individually.

8 1 . I f any person against whom the trust has any claim or

demand takes the benefit of any Act relating to bankruptcy, any person appointed by the trust in that behalf, in all proceedings against the estate of such first-mentioned person, or under any sequestration	or act of bankruptcy against such person, may represent the trust,
and act in their behalf in all respects as if such claim or demand had
been the claim or demand of such person so appointed, and not of the trust.

8 2 . Every person committing a breach of any provision of this

Act, or of any by-law made hereunder, by wilful act or refusal, or neglect to act or otherwise, shall, when no specific penalty has been
provided for such offence, be liable to a penalty not exceeding twenty

pounds.

8 3 . All fines, penalties, and forfeitures incurred under this

Act, or under any by-law made hereunder, may, unless otherwise

provided for, be recovered in a summary way before any two justices

in petty sessions. 8 4 .

8 4 . All fines, penalties, and forfeitures imposed and recovered as aforesaid shall, except when otherwise directed by this Act, be paid into the corporate fund of the body corporate suing therefor.

8 5 . No person shall be liable to any incapacity, disability, fine,

penalty, or forfeiture under this Act, unless proceedings in respect
thereof are commenced within six months after such incapacity,

disability, forfeiture, or penalty has been incurred.

8 6 . Every entry in the minute book purporting to be a minute

of the business transacted at any meeting of the trust, or a Committee,

and signed by the chairman at the next meeting of the trust, or the chairman of such committee, which has been holden after such first- named meeting, shall be evidence that such business as is therein recorded was transacted at such meeting, without proof of the meeting having been duly convened or held, or of the persons attending such meeting having been or being duly authorised so to do, or of the fact

of such chairman having been or being such chairman.

8 7 . Every advertisement, order, direction, summons, notice,

demand, or other such document requiring authentication by the trust, shall be sufficiently authenticated if signed by the chairman or by tin; secretary of the trust, and need not be under the common seal of the trust. And every such document may be in writing or in print, or partly in writing and partly in print.

8 8 . No advertisement, order, direction, notice, demand, or other

such document herein required to be published, made, or given, shall

be held void for any want of form, provided the same is intelligible.

8 9 . Any summons or notice, or any writ or other process,

document, writing, or other matter issued according to the course of any proceeding at law or in equity, and required to be served upon the trust, may be served by the same being sent through the post

office directed to the trust at their office, or left at such office, or by

being given personally to the chairman or secretary of the trust.

9 0 . (1) Any notice required by this Act, or any by-law or

regulation made thereunder, to be served on or given to any owner or

may be in writing, or partly in writing and partly printed, or may be	occupier of any building, land, or premises, or on or to any person,
wholly printed.

(2) I t shall be sufficient for all purposes of this Act, unless

the said Act in any case prescribes a different course to be pursued,

if any such notice is sent by post to the owner by registered letter

addressed to his last known place of abode or of business, or is served on the owner or occupier of such building, land, or premises, or left with some inmate apparently over the age of fourteen years living at the place of abode of such owner or occupier; or, if there be no

occupier, if such notice be posted on some conspicuous part of such

building or land.

(3)

(3) Any notice required to be served or given in respect of

any public street, road, or lane may be served on or sent by post as aforesaid to the council clerk of the borough or municipal district wherein such street, road, or lane, or the portion thereof affected by the notice, is situated.

9 1 . Every person who wilfully hinders or interrupts, or causes

or procures to be interrupted, the trust or their managers, surveyors, agents, servants, or workmen, or any of them, or the auditors in doing or performing any of the works, or in the exercise of any of the powers and authorities exercisable by or vested in them by law, shall
for every such offence forfeit and pay any sum not exceeding ten
pounds.

9 2 . I f any person neglects or refuses to do any matter or thing

which by this Act he is directed to perform, he shall for every such

offence be liable to a penalty not exceeding ten pounds.

S C H E D U L E S .

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

General description of proposed scheme.

This scheme comprises the construction of a dam about ninety-six feet high across

Umberumberka Creek, as a storage reservoir from winch the water will be delivered through a main about nineteen miles long to the several service reservoirs and points of

delivery to the council and the various mining companies at Broken Hill, and works

contingent thereon.

T H E SECOND S C H E D U L E .

Description of lands vested in council.

Area occupied by the dam and storage reservoir, together with such land as is included within thirty-three feet of the top water contour level with dam of the height

described in the First Schedule, and the surface, and the land to a depth of fifty feet below the surface, of a strip of land seven and a half feet on either side of centre line of

main, and such lands as the Governor may deem necessary for the carrying out of the

scheme.

T H E

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

Provisions relating to the appointment of members by the mining companies.

1. The directors of any of the mining companies and on its behalf may, by writing

under the seal of the company, appoint and at pleasure remove, reappoint, or make any

new or other appointment of some person to act for the purposes herein mentioned. Such
person is hereinafter called " the appointee."

2. Each of the mining companies shall forthwith on the appointment of the appointee notify in writing the other mining companies the full name, address, and description of such appointee.

3. Any appointee may convene a meeting of appointees. Such meeting shall be

deemed to have been duly convened if notice in writing under the band of the convener shall have been left at the registered offices of the several mining companies specifying a time not less than seven days and some place in Melbourne or Broken Hill at which such meeting is to be held. With the consent of all the appointees a meeting of appointees may be held elsewhere than at Melbourne or Broken Hill.

4. The appointees may by resolution of the majority of the appointees present

elect one of their number to be chairman, and may by the like resolution from time to time remove and appoint another appointee to be chairman. The chairman shall when present preside at meetings of appointees, and shall have a casting as well as a deliberative vote. In the absence of the chairman the appointees present at any meeting may elect one of their number to be chairman for that meeting during such absence, and he shall while acting as chairman have a casting as well as a deliberative vote.

5. The appointees may by resolution of the appointees present at any meeting

convened for the purpose, elect the first three persons to l)e members of the trust appointed by mining companies, and may in like manner from time to time fill up any vacancy in such membership. Such members shall be deemed to have been duly appointed members of the trust appointed by the mining companies.

6. If at any meeting of appointees convened for the purpose a resolution be carried by a three-fourths majority of all the appointees calling upon any member to retire from office, such member shall thereupon retire accordingly. The appointees may by the same or another resolution appoint some person to be a member in place of the member called upon to retire, and such new member shall be deemed to have been duly appointed as a member appointed by the mining companies.

7. Every member may retire from office as a member of the trust at any time, and shall retire therefrom on notification in writing under the hand of the chairman of the meeting of the appointees to such member that a resolution has been passed at a meeting of appointees calling upon such member to retire.

8. Any such notification shall be deemed to have been duly given to a member

when the same shall have been left at the office of the trust in Broken Hill addressed to

the provisions contained in this Schedule, or the Broken Hill and Umberumberka Water	the member. 9. The appointees may at any meeting make any regulations not inconsistent with
Supply Act, 1906—

(a) for meetings of appointees ;

(b) for the conduct of such meetings ;

(c) generally for exercising any of the powers exercisable by the appointees.

T H E

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

Provisions relating to appointment of members by the debenture holders,

1. The secretary or other officer of the trust appointed for the purpose shall, whenever requested so to do by any one or more debenture holders registered as the holder or holders of at least one thousand pounds of debentures, convene a meeting of debenture holders. Such meeting shall be convened by circular, addressed to the debenture holders appearing in the register book of debenture holders.

2. Notice of every such meeting shall be deemed to have been duly given within forty-eight hours of the posting of such circulars in the post office at Broken Hill.
3. The secretary or other officer shall fix, and the circular shall specify the hour and date, and some place in Broken Hill where such meeting is to he held.

4. The debenture holders present at any meeting shall elect one of their number

to be chairman of the meeting.

5. The debenture holders may by resolution of the debenture holders present at

any meeting convened for the purpose personally or by proxy appoint two persons who are willing to act to be members of the trust appointed by the debenture holders. No such appointments shall be complete until a certificate of such resolution having been duly passed under the hand of the chairman of the meeting shall have been left at the office of the trust.
6. Every debenture holder shall be entitled to vote at any meeting personally or by proxy, and shall have one vote for every one hundred pounds of debentures of which he is at the time of meeting the registered holder.

7. Every resolution at any meeting of debenture holders shall, unless a poll be

demanded, be determined in the first instance by a show of hands.

8. Any one or more debenture holder or holders holding individually or collectively

at least one thousand pounds of debentures may demand a poll which shall be taken forthwith at such meeting, or at any time and place appointed for the purpose by the chairman of the meeting.
9. A certificate under the hand of the chairman of the meeting certifying that any resolution was passed at any meeting of debenture holders shall be conclusive evidence according to its tenor.

10. A proxy may be in the following form, and shall be attested by at least one

witness :—

I, of , being the registered holder of £ of

debentures issued by the Broken Hill and Umberumberka water trust, do hereby appoint of to attend and vote for me at a

meeting of debenture holders to be held at	on the
day of	, and at all adjournments of such meeting.

As witness my hand the day of ,

Witness to the signature of the said

11. Any meeting of debenture holders duly convened for the purpose may pass a

resolution calling upon any member of the trust appointed by the debenture holders to
retire from office.

12. On delivery at the office of the trust of a certificate under the hand of the shairman of the meeting of such debenture holders that such resolution was duly passed thereat, such member shall be deemed to have retired from office.

13. Any vacancy in the membership of the trust in respect of a member appointed by debenture holders may be filled up in the same way in which the original appointments may he made.

14. Any member may resign his office as a member of the trust at any time.

T H E

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

Terms and conditions on which debentures are issued.

1. All debentures to be issued by the trust pursuant to the power in the Broken Hill and Umberumberka Water Supply Act, 1906, reserved to issue debentures not exceeding in the aggregate two hundred thousand pounds are charged with such priorities one over another as the trust may determine on the undertaking of the trust, and all its property, present and future, and such charge is to be a floating security, but so that the trust is not to be at liberty to create any mortgage or charge in priority to the said debentures.

2. A register of debentures shall be kept at the head office of the trust, in Broken Hill, wherein there shall be entered the names, addresses, and descriptions of the registered holders, and particulars of the debentures held by them respectively, and such register shall, at all reasonable times during business hours, be open to the inspection of any registered holder of debentures and his legal personal representatives, and any person authorised in writing by him or them.

3. The registered holder, or his legal personal representatives, shall be regarded as exclusively entitled to the benefit of the debenture, and all persons may act accordingly, and the trust shall not bo bound to enter in the register notice of any trust, or to recognise any right in any other person save as herein provided.

4. Every transfer of a debenture shall be in writing under the hand of the registered holder or his legal personal representative. The transfer shall be delivered at the office of the trust with a fee of two shillings and sixpence, and such evidence of identity or title as the trust may reasonably require, and thereupon the transfer will be registered, and a notice of such registration will be indorsed on the debenture. The
trust shall be entitled to retain the transfer.

5. In the ease of joint registered holders, the principal moneys and interest secured by a debenture shall be deemed to be owing to them upon a joint account.

6. No transfer will be registered during the seven days immediately preceding tho days fixed for payment of interest.

7. In respect of each half-year's interest on a debenture, a warrant on the trust's bankers, payable to the order of the registered holder thereof, or, in case of joint holders, to the order of that, one whose name stands first in the register as one of such joint holders, will be sent by post to the registered address of such registered holder, and the trust shall not be responsible for any loss in transmission, and the payment of the warrant, if purporting to be duly endorsed, shall be a good discharge to the trust.

8. The principal moneys and interest secured by the debentures shall be paid
without regard to any equities between the trust and the original or any intermediate

holder thereof, and the receipt of the registered holder for such principal moneys, and

interest shall be a good discharge to the trust for the same.

9. The trust may at any time give notice in writing to the registered holder

thereof, his executors or administrators, of its intention to pay off any debenture, and

upon the expiration of six calendar months from such notice being given the principal
moneys secured by such debenture shall become payable: Provided that the council may

at any time redeem the whole of the outstanding debentures issued by the trust.

10. The principal moneys secured by any debenture shall immediately become

payable if the trust makes default for a period of six calendar months in the payment of any interest thereby secured, and the registered holder thereof before such interest is paid, by notice in writing to the trust, calls in such principal moneys.

11. A t any time after the principal moneys secured by any debenture become

payable, the registered holder of such debenture may, with the consent in writing of the holders of the majority in value of the outstanding debentures issued by the trust, appoint, by writing, any person or persons to be a receiver or receivers of the property charged by the debentures, and such appointment shall, on confirmation thereof by the

Supreme

Supreme Court or a judge thereof, be as effective as if all the holders of debentures of the same issue had concurred in such appointment, and the said confirmation shall be conclusive evidence that the said appointment was duly made. And a receiver so appointed shall have power—

(a) to take possession of the property charged by the debentures ; (b) to carry on or concur in carrying on the business of the trust;

(c)	to sell or concur in selling any of the property charged by the debentures, and to give a good title to such property, including the statutory powers and privileges by this Act conferred ;
(d)	to make any arrangement or compromise which he or they shall think expedient in the interests of the debenture holders.

And all moneys received by such receiver or receivers shall, after providing and paying for all proper expenses, be applied in the first place in redemption of the moneys secured by the debentures, having regard to all priorities created, if any, and, in the next place, in discharge of any other liabilities of the trust, and the surplus moneys (if any) shall be paid to the council for the general purposes of the council.

12. The holders of three-fourths in value of the debentures issued by the trust

for the time being outstanding may sanction any agreement with the trust for any modification or alteration of the rights of the holders of debentures as a class, including any release of any property charged thereby, and any postponement of the time for payment of any moneys secured thereby, and any increase or reduction of the rate of interest, and an agreement so sanctioned shall be binding on all the holders of such debentures, and notice thereof shall be given to each debenture holder, and each debenture holder shall be bound thereupon to produce bis debentures to the trust, and to permit a note of such agreement, and the sanction thereof aforesaid, to be placed thereon.

13. The principal moneys and interest secured by a debenture will be paid at

some bank in Broken Hill or at the office of the trust.

14. A notice may be served by the trust upon the holder of any debenture by sending it through the post in a prepaid letter addressed to such person at his registered address.

15. Any notice served by post shall be deemed to have been served at the

expiration of forty-eight hours after it is posted, and in proving such service it shall bo sufficient to prove that the letter containing the notice was properly addressed and put into the post office.

16. Debentures may be transferred by instrument in the following form :—

I, A.B. , of , in consideration of the sum of pounds, paid to me

by C.D., of , do hereby transfer to the said C.D. (hereinafter called the transferee) the undermentioned debentures issued by the Broken Hill and Umberumberka water trust—that is to say—

[Here state date, character, amount, and numbers.]

and the full benefit thereof :

To hold the same unto the transferee subject to the several conditions on which I held the same immediately before the execution hereof ; and I , the transferee, do hereby agree to take the said debentures subject to the same conditions.

As witness our hands this day of

Signed by the above-named A . B . in the presence of

[Witness' signature, address, and occupation.]

T H E

T H E S I X T H S C H E D U L E .

Broken Hill and Umberumberka water trust.

Issue of debentures of pounds each, carrying interest at per

centum per annum.

No. pounds

1. The Broken Hill and Umberumberka water trust (hereinafter called the trust) will on the day of , or on such earlier day as the principal moneys hereby secured become payable in accordance with the conditions contained in the .Schedule to the Broken Hill and Umberumberka Water Supply Act,

1906, pay to of or other the registered holder for the time being,

the sum of pounds.

2. The trust will, in the meantime, pay to such registered holder interest thereon

at the rate of per centum per annum by half-yearly payments on the day

of and the day of in each year, the first of such

half-yearly payments to be made on the day of next.

3. Such payments are charged on the undertaking of the trust, and all its property present and future.

4. This debenture is issued subject to, and with the benefit of, the conditions

mentioned in the Fifth Schedule to the Broken Hill and Umberumberka Water Supply

Act, 1906, which are to be deemed part of it.

Given under the common seal of the trust, this	day of
The common seal was affixed hereto in the presence of