Broken Hill Water and Sewerage Act 1938 (NSW)

BROKEN HILL WATER AND

SEWERAGE ACT.

Act No. 20, 1938.

An Act to make provision for and in relation to the water supply and sewerage of the City of Broken Hill and the adjacent districts; to make provision for certain contributions by certain companies; to repeal the Broken Hill Water Supply Administration Act, 1915, and certain other Acts; to amend the Local Government Act, 1919, and certain other Acts; and for purposes connected therewith. [Assented to, 3rd November, 1938.] BE

BE it enacted b y the K i n g ' s Most Exce l l en t by and wi th t h e advice and consent of t h e Legis ­

Majes ty ,

la t ive Counci l and Legis la t ive Assembly of N e w South t he same, as follows :— W a l e s in P a r l i a m e n t assembled, and by t h e au thor i ty of

P A R T I .

PRELIMINARY AND INTERPRETATION.

1. (1) This Act may be cited as the " B r o k e n Hil l W a t e r and Sewerage Act, 1938 ."

(2) (a) P a r t s I , I I , I I I and V I I I of this Act shall

commence upon a day to be appointed by the Governor

and notified by proclamat ion published in the Gazette.

(b) The remainder of this Act shall commence

upon the appoin ted day as defined in section sixteen of

th is Act.

2 .     This Act is divided into P a r t s , as fol lows:—

P A R T I . — P R E L I M I N A R Y AND INTERPRETATION—ss.

1-3.

P A R T I I . — C O N S T I T U T I O N OF BOARD—ss . 4-14.

P A R T I I I . — P R E L I M I N A R Y POWERS AND FUNCTIONS OF

BOARD—s . 15.

P A R T I V . — R E P E A L S , SAVINGS AND TRANSFERS—ss .

16-19.

DIVISION 1.—The appointed day—s. 16.

DIVISION 2.—Repeals and savings—ss.	17, 18.
DIVISION 3.—Transfer of officers—s. 19.

P A R T V . — P O W E R S AXD FUNCTIONS OF BOARD—ss.

20-58.

DIVISION 1.—Administration—ss. 20-24.
Division 2.—Construction—ss. 25-29.

DIVISION 3.—General—ss. 30-38.

DIVISION 4.—Special provisions as to water supply

—ss. 39-48.

DIVISION

DIVISION 5.—Special provisions as to sewerage—

ss. 4 9 - 5 5 .

DIVISION 6.—Special powers of Minister for Public

Works—ss. 5 6 - 5 8 .

P A R T	V I . — F I N A N C E — S S .	5 9 - 1 0 9 .
DIVISION	1.—Loans—ss.	5 9 - 7 4 .
DIVISION	2 .—Revenue—ss .	7 5 - 8 8 .
DIVISION	3 .—Funds—ss .	8 9 - 9 5 .

DIVISION 4.—Special provisions relating to the

Treasurer—s. 9 6 .

DIVISION 5.—Special provisions relating to certain

companies—ss. 9 7 - 1 0 4 .

DIVISION 6 .—Accounts and audit—ss. 1 0 5 - 1 0 S .

DIVISION 7.—General—s. 1 0 9 .

P A R T	V I I . — P R O P E R T Y — s s .	1 1 0 - 1 1 7 .
DIVISION	1.—Acquisi t ion—ss.	1 1 0 , 1 1 1 .
DIVISION	2.—Transfer—SS.	1 1 2 - 1 1 4 .
DIVISION	3.—General—ss.	1 1 5 - 1 1 7 .
P A R T	VI I I .—REGULATIONS	AND B Y - L A W S — s s . 1 1 8 -

1 2 4 .

P A R T I X . — S U P P L E M E N T A L — s s . 1 2 5 - 1 4 0 .

F I R S T	S C H E D U L E — R a t e s ,	charges ,	and fees.
S E C O N D	S C H E D U L E . — W a t e r	and	Sewerage-

Works .

T H I R D S C H E D U L E — M i n i n g Companies .

3 . In this Act, unless inconsistent wi th the context or

subject m a t t e r —

" A r e a of o p e r a t i o n s " means the City of Broken

Hill , any catchment a rea , and such other a reas a s a re proclaimed from time to t ime as a reas within which the hoard is au thor i sed to exercise i t s powers or pe r fo rm i ts functions.

" B o a r d " means the Broken Hil l W a t e r B o a r d con­

s t i tu ted under this Act.

" B y - l a w s "

" B y - l a w s " means by-laws made under this Act and includes by-laws continued in force under this Act .

" C a t c h m e n t a r e a " means any a rea defined as such

by proclamat ion from time to t ime.

" C o u n c i l " means the Council of the City of Broken

Hill .

" C r o w n " includes any s t a tu to ry body represen t ing

the Crown.

" C r o w n l a n d s " means Crown lands within the mean­

ing of the Crown Lands Consolidation Act, 1913.

" D o m e s t i c p u r p o s e s " shall not include a supply of

wa te r for stables, for manufac tur ing , t r ade , or

business purposes , for i r r igat ion, for wa te r power, for fountains , for wa te r ing catt le, sheep, or horses , for wa te r ing gardens or for washing- motor or other vehicles.

" J o i n t " ing, or occupying land includes owning, holding,
or occupying in common. and " j o i n t l y " in relat ion to owning, hold­

" L a n d " through, or above any land. includes any easement or r ight over,

" L e a s e " in relat ion to Crown lands includes a license or permit , and in relat ion to a tenement as defined in the Mining Act, 1906-1935, includes the occupancy thereof.

" M e m b e r " means member of the board .

" O w n e r " in relation to land includes every person who jointly or severally whether a t law or in equity—

(a)	is entitled to the land for any estate of freehold in possess ion; or
(b)	is a person to whom the Crown has law­ fully contracted to g r a n t the fee simple under the Crown Lands Consolidation Act, 1913, or any other Act re la t ing to the al ienation of lands of the Crown; or

(c)

(c) is entitled to receive, or is in receipt of, or if the land were let to a t enan t would be enti t led to receive, the ren t s and profits thereof whether as beneficial owner, t rus tee , mor tgagee in possession, or other­ wise ;

a n d includes every person who by v i r tue of this

Act is deemed to be the owner.

The Crown shall be deemed to be the owner

of—

(a) all lands of the Crown; and

(b) any land vested in a s t a tu to ry body repre ­ sent ing the Crown.

" O w n e d " and similar expressions have a meaning corresponding with tha t of " o w n e r . "

' ' P a r t " means P a r t of this Act.

" P r e s c r i b e d " means prescr ibed by this Act or by

regula t ions or by-laws.

" P r o c l a m a t i o n , " " p r o c l a i m e d " and similar expres­

sions mean and refer to a proclamat ion of the

Governor published in the Gazette.

" P u b l i c A u t h o r i t y " includes the Governor, any

Minis ter of the Crown, any s t a tu to ry	body
represen t ing the Crown, and the council.

' ' Pub l i c r o a d " means road which the public a r e

enti t led to use and includes any road dedicated as a highway by the Crown or by any person, or a road notified, proclaimed, or dedicated as a public road or h ighway under the provis ions of any Act.

" R a t a b l e

r a t e is leviable or levied under this Act. l a n d " includes all land upon which any

" R e g u l a t i o n s " means regula t ions made under th is

Act.

" S t a t u t o r y body represen t ing the C r o w n " means

any body defined by or proclaimed under the Local Government Act , 1919, as amended by sub­ sequent Acts , as a s t a tu to ry body rep resen t ing the Crown.

" T r e a s u r e r " means Colonial T r e a s u r e r .

P A R T

P A R T II.

CONSTITUTION OF BOARD.

4 . ( 1 ) Upon a day to be appoin ted by the Governor a n d notified by proclamat ion the Broken Hil l W a t e r

B o a r d shal l be const i tuted.

( 2 ) The day so appoin ted is in this Act refer red

to as " t h e da te of the consti tut ion of the B o a r d . "

(3) The board shall be composed of five members ,

a p p o i n t e d by the Governor.

( 4 ) (a) One of the members shall in and by his

appo in tmen t be the pres ident of the board and another shal l in and by his appoin tment be the vice-president of

t he board.

A person shall not be eligible for appoin tment as pres i ­ d e n t or vice-president of the board unless he is ei ther a member of the Public Service B oa r d or an officer of the public service.

(b) Two of the members shall be nominated by t h e council within the t ime and in the manner prescr ibed by the regulat ions and one other shall be selected from a pane l of two persons nominated by the companies whose names a re for the t ime being contained in the Th i rd Schedule to this Act within the t ime and in the manner

p resc r ibed by the regulat ions.

(5) A member shall, subject to this Act—

(a)	hold office for five years or for such shorter period as may be specified by the Governor in
the ins t rument of appo in tmen t ; and

(b)	be eligible for re-appointment on the expiration of his t e rm of office.
( 6 )	The provis ions of the Public Service Act, 1 9 0 2 ,

o r of any Act amending tha t Act, shall not apply to the appo in tmen t of members and members shall not in thei r capaci ty as members be subject to the provis ions of any of the said Acts dur ing their t e rm of office.

( 7 ) The five members firstly appointed under this

Act shall assume office upon the date of the consti tut ion of the board.

H ( 8 )

(8) If within the t ime prescr ibed two persons have not been validly nominated by the council for appoint­ ment as members , the Governor m a y appoin t two persons to be representa t ives of the council on the board.

(1) E a c h member, before en ter ing upon the dut ies of his office, shall make and subscribe an oath of allegi­ ance to His Majesty, and shall make and subscribe t h e following declarat ion of office:—

5 .

I , , having been appointed a

member of the Broken Hil l W a t e r Board , do hereby declare t ha t I will t ru ly and faithfully fulfil the duties of tha t office according to the best of my judgment and ability.

(2) If a person neglects to make and subscribe such oath and declarat ion for a per iod of one month af ter the da te of his appoin tment , he shall be deemed to have declined to accept office.

(3) W h e r e the Governor is satisfied tha t the delay in making and subscribing the oath and declarat ion is unavoidable he may extend the t ime for making and subscribing the oath and declarat ion for any per iod not exceeding six months .

6.   The office of any member shall become vacant if he—

(a)	d ies ;
(b)	resigns his office by writing under his hand addressed to the Governor ;

(c) is removed from office by the Governor ;

(d) becomes bankrupt , compounds with his c red i to rs

or makes an ass ignment of his es ta te for the i r
benefit;
(e)	is convicted of a felony or indictable misde­ meanour ;
(f)	becomes an insane person or patient or an in­ capable person within the meaning of the Lunacy Act of 1898;

(g) declines office or is deemed to decline office;

(h)	without permission of the board fails to give his a t tendance a t four consecutive meet ings of t he
boa rd ; or

(i)

( i )	being the pres ident or the vice-president	a t t a ins
the age of sixty-five years .

7 . A person appointed to fill an ex t r ao rd ina ry vacancy

shal l hold office unt i l the t ime when his p redecessor ' s t e rm of office would have expired and no longer, but shall be eligible for re-appointment .

( 1 ) The pres ident of the board shall be entit led to

receive as remunera t ion for his services such annual
sum as m a y be determined by the Governor.

8 .

(2) A vice-president who is not a member of the Publ ic Service Board and each of the members other than the pres ident shall respectively be entit led to receive as r emunera t ion for his services a sum not exceeding one hundred pounds pe r annum, to be paid in the form of a fee of such amount as may be prescr ibed by the regula t ions for each meet ing of the board a t tended.

(3) The pres ident and a vice-president who is not a member of the Public Service Board shall, notwi ths tand­ ing the provisions of any Act or of any rule or regulat ion m a d e under any Act, each be entit led to receive remunera­ t ion unde r this section in addi t ion to any remunera t ion to which he is enti t led as an officer of the public service.

( 4 ) The office of a member shall not, for the pur ­

poses of the Const i tut ion Act, 1 9 0 2 , be deemed to be an
office of profit unde r the Crown.

9 . I n the absence of the pres ident the vice-president m a y act in his stead, and whilst so act ing shall have the same powers and duties as the pres ident , if present , would have.

A vice-president who is not a member of the Public Service Board , whilst so acting, shall be pa id such remunera t ion in addit ion to the remunera t ion re fe r red to in subsection two of section eight of this Act as the Governor m a y determine.

1 0 . ( 1 ) I n the absence of the pres ident and vice- pres ident f rom any meet ing of the board the members then presen t shall elect f rom among themselves a t e m p o r a r y cha i rman who shall pres ide a t the meeting, a n d dur ing any continued absence of the pres ident and vice-president, and shall whilst so act ing have the same powers and duties as the president , if present , would

have

have and shall be pa id such remunera t ion in addi t ion to the remunera t ion re fer red to in subsection two of section eight of this Act as the Governor may determine.

(2) If there be an equali ty of votes in the election
of a t empora ry chai rman it shall be decided by lot which

of the members having an equal number of votes shall be

t e m p o r a r y chai rman.

1 1 .     (1) Subject to the provisions of section ten of th is

Act the president , or in his absence the vice-president, shall pres ide at all meet ings of the board, and shall have a cas t ing vote in addi t ion to a deliberative vote.

(2) Any three members shall be a quorum thereof,
and shall have and may exercise and discharge all the
powers , authori t ies , duties and functions of the board .
(3) All questions ar i s ing a t any meet ing of t h e

board shall be decided by a major i ty of the votes of

the members present .

(4) The board shall keep full and accura te minutes of all its proceedings in such manne r and fo rm as may be prescr ibed by the regulat ions .

1 2 . (1) The board shall be a body corpora te , wi th perpe tua l succession and a common seal, and may s u e and be sued in i ts corpora te name, and shall for the purposes and subject to the provis ions of th is Act, b e capable of purchasing, holding, g ran t ing , demising, dis­ posing of or otherwise deal ing with rea l and pe r sona l p roper ty , and of doing and suffering all such acts a n d th ings as bodies corpora te may by law do a n d suffer.

(2) The corpora te name of the board shall be-

" T h e Broken Hil l W a t e r B o a r d . "

(3) The common seal shall be kept in the custody of the pres ident or of such member as the boa rd m a y determine and shall not be affixed to any ins t rument o r wr i t ing except in the presence of a quorum of the board and two of the members in whose presence the seal i s affixed shall a t tes t by their s igna tures the fact and t h e da te of the seal being so affixed.

(4) All cour ts and persons hav ing by law or con­ sent of pa r t i e s au thor i ty to hear , receive, and	examine
evidence—
(a)	shall take judicial notice of the seal of the board
affixed to any document ; and (b )

(b) shall, unti l the con t ra ry be proved, p resume tha t such seal was proper ly affixed there to .

(5) No act or proceeding of the board shall be inval idated or prejudiced by reason of any defect or i r r egu la r i ty in the const i tut ion of the board or in the appoin tment of any member or by reason of there being any vacancy in the number of members a t the t ime of such act or proceeding.

1 3 . Any moneys due to the board, whether for ra tes or otherwise, shall, for the purposes of the recovery

thereof, be deemed to be moneys due to His Majesty, and

may be sued for and recovered by the board

1 4 . (1) No m a t t e r or th ing done and no contract entered into by the board, and no m a t t e r or th ing done by any member or officer of the board or by any other person whomsoever act ing under the direction of the board shall if the m a t t e r or th ing was done or the contract was entered into bona fide for the purpose of executing this Act, subject them or any of them personal ly to any action, liability, claim or demand whatsoever .

(2) Nothing in this section shall exempt any member from liabili ty to be surcharged with the amount of any payment which is disallowed by the aud i to r or audi tors in the accounts of the board, and which such member au thor ised or joined in author is ing.

P A R T I I I .

PRELIMINARY POWERS AND FUNCTIONS OF BOARD.

1 5 . (1) Dur ing the per iod commencing on the date of the const i tut ion of the board and ending on the appointed day as defined in section sixteen of this Act the powers , author i t ies , duties and functions of the board shall be l imited to the m a t t e r s and things following, that is to say—

(a)	the provision of an office for the b o a r d ;
(b)	the appointment of officers and workmen of the board and the organisa t ion of the staff of officers

and

and workmen, but only as fa r as such appoint­ ment and organisa t ion a re necessary before the

said appoin ted d a y ; and

(c) the p repa ra t ion , per formance and ca r ry ing into effect of all such acts, m a t t e r s and things as in the opinion of the board a r e necessary or ex­ pedient in o rder to enable the board to exercise and discharge on and af ter the said appointed day all or any of the powers , author i t ies , duties or functions conferred and imposed on the board by or under this Act.

Noth ing in this subsection shall be construed so as to limit the exercise by the board of i ts powers , author i t ies , dut ies and functions in respect of any of the aforesaid m a t t e r s and things af ter the said appointed day.

(2) F o r the purpose of ca r ry ing out the powers , author i t ies , duties and functions re fe r red to in pa ra ­ g r a p h s ( a ) , (b) and (c) of subsection one of this section the board may with the approva l of the Minis ter make use of the services of any officer of the Depa r tmen t of Works and Local Government .

P A R T IV .

REPEALS, SAVINGS AND TRANSFERS.

DIVISION 1.—The appointed day.

1 6 . (1) Upon a day to be appoin ted by the Governor and notified by proclamat ion (in this Act re fe r red to as

" t h e appointed d a y " ) , the board shall (save where other­wise expressly provided in this Act) be the au thor i ty to ca r ry out the provisions of this Act.

(2) The appointed day shall not be l a te r than six

months after the date of the const i tut ion of the board.

DIVISION 2.—Repeals and savings.

1 7 . (1) The Broken Hil l W a t e r Supply Admin i s t ra ­

tion Act, 1915, is hereby repealed.

(2) Subsection three of section three of the F inances Adjus tment Act, 1932, and subsection three of section six of the Count ry Towns W a t e r Supply, Sewer­ age and Dra inage (Reduct ion of Debts) Act, 1934, a re

hereby repealed. (3)

(3) All by-laws made under the Broken Hill Wa te r Supply Adminis t ra t ion Act, 1915, and in force immediately before the appointed day shall to the extent to which they a re not inconsistent with this Act or with any by-laws or regulat ions made the reunder continue to be in force, but may be amended or repealed by by-laws or regula t ions made under this Act.

1 8 .     (1) The body corporate const i tuted by subsection

one of section four of the Broken Hill W a t e r Supply Adminis t ra t ion Act, 1915, under the name of " T h e

Admin i s t r a to r of the Broken Hil l W a t e r W o r k s " is

hereby dissolved.

(2) All ra tes , charges , moneys, l iquidated and un­

l iquidated claims which immediately before the appoin ted day were payable to or recoverable by the Admin i s t r a to r

of the Broken Hil l W a t e r W o r k s const i tuted under the

Broken Hil l W a t e r Supply Adminis t ra t ion Act, 1915 (in

th is section re fer red to as " t h e A d m i n i s t r a t o r " ) shall respectively be ra tes , charges , moneys, l iquidated and unl iquidated claims payable to or recoverable by the board.

(3) All suits , actions and proceedings pending immediate ly before the appoin ted day at the suit of the Admin i s t r a to r shall respectively be suits , actions and proceedings pending a t the suit of the board.

(4) All contracts , agreements and under tak ings entered into with and all securit ies lawfully given to or by the Admin i s t r a to r and in force immediately before the appoin ted day shall respectively be deemed to be con­

t rac t s , agreements and under tak ings entered into and securit ies given to or by the board. wi th (5) The board may pu r sue the same remedies for

the recovery of any such ra tes , charges , moneys and claims and for the prosecut ion of such suits, actions and proceedings as if the same had originally been payable to and recoverable by or ins t i tu ted a t the suit of the board.

(6) The board m a y enforce and realise any securi ty or charge exist ing immediately before the appoin ted day in favour of the Admin i s t r a to r in respect of any such ra tes , moneys and claims as if such securi ty or charge were exist ing in favour of the board.

( 7 )

(7) All debts due and moneys payable by the Admin i s t r a to r and all claims l iquidated or unl iquidated recoverable agains t him shall be debts due and moneys payable by and claims recoverable aga ins t the board.

(8) This section shall not l imit any saving in th is Act or in the In te rp re ta t ion Act of 1897.

DIVISION 3.—Transfer of officers.

1 9 .     (1) Upon the appointed day there shall be t r ans ­

fer red to the service of the board such of the officers and employees of the public service appointed p u r s u a n t to section five of the Broken Hil l W a t e r Supply Adminis­ t ra t ion Act, 1915, or engaged in connection with the adminis t ra t ion of t ha t Act as the Governor may direct . A person who is t r ans fe r r ed to the service of the board under this subsection shall be deemed to have been appointed by the board and shall continue in the employ of the board a t the will of the board only.

(2) If the employment of a person who is t r ans ­ fer red to the service of the board under this section is t e rmina ted by the board otherwise than for misconduct within a period of two years from the date of his t rans fe r , the board shall g r a n t to him a g ra tu i ty equivalent to the amount of th ree weeks ' sa la ry for each yea r of service, such sa la ry being reckoned on the average of the sa lary pa id to him dur ing the fifty-two weeks immediately pre­ ceding the te rminat ion of his employment.

This subsection shall apply only to a person who has
been employed continuously in the public service for a

per iod of not less than three yea r s immediately preceding

his	t ransfer .
In this subsection " s e r v i c e " in the expression	" y e a r

of s e r v i c e " includes service of the person concerned in
the public service as well as service with the board .

Any person who is t r ans fe r r ed to the service of the board unde r this section shall not be subject to the p ro ­ visions of the Public Service Act, 1902, nor unde r the control of the Public Service Board , but he shall re ta in or have any r igh ts to leave which he would have had if he had continued as an officer or employee, as the case m a y be, of the public service; he shall have the same r ight to

considerat ion

considerat ion for any appoin tment to the public service as if he had remained an officer or employee as the case may be of the public service; he shall, subject to this Act, be enti t led to a sa lary unless and unt i l his sa la ry is fixed by an indus t r ia l award such as would be payable to him if he were in the public service, and he shall be enti t led to contr ibute or to continue to contr ibute to any super­ annua t ion fund or account to which pr io r to his t r ans fe r he contr ibuted, and to re ta in or have his r igh ts to any pension, g ra tu i ty , allowance, or other benefit which he would have received from such superannua t ion fund or account if he had continued in the public service.

P A R T V.

POWERS AND F U N C T I O N S OF BOARD.

DIVISION 1.—Administration.

2 0 . (1) The board shall appoin t and employ a Secre ta ry-manager and such other officers and workmen to ass is t in the execution of this Act as i t m a y think necessary. The officers and workmen so appointed shall continue in the employ of the board a t the will of the board only.

(2) A member shall not, except with the approva l

of the Governor, be appointed to any posit ion in the pay

of the board unt i l six months have elapsed from his
ceasing to be a member.

(3) No officer or workman appointed under this section shall, without the permission of the board, engage in any other employment.

(4) All officers and workmen shall be subject to the control and governance of the board, shall be subject to the provisions of any by-laws made by the board in t ha t behalf, and (where required by the board) shall give such securi ty for the performance of their several duties as the board shall require .

2 1 . (1) Any person in any office or employment unde r this Act who, without lawful author i ty , demands or receives from any person any payment , g ra tu i ty , or present in considerat ion of doing or of omit t ing to do any act or th ing pe r t a in ing to his office or employment shall be liable to impr isonment with or wi thout h a r d labour for a t e rm not exceeding two yea r s .

(2) Any person who, without lawful author i ty , offers, makes, or gives to any person in any office or employment under this Act any payment , g ra tu i ty , or p resen t in considerat ion t ha t the l a t t e r will do or omit to do some act or th ing pe r t a in ing to his office or employ­ ment shall be liable to impr isonment with or without h a r d labour for a t e r m not exceeding two years .

2 2 . (1) If any officer or workman, when requi red by the pres ident ,	fai ls—
(a)	to render account of moneys which shall have come into his hands or under his control and of his dealings therewi th or to p a y to the pres ident the balance of any such moneys ; or
(b)	to deliver up within two days to the president all pape r s , p rope r ty , and th ings in his possession or power re la t ing to the execution of this Act or belonging to the board ,

a n y s t ipendiary or police mag i s t r a t e or any two just ices may, on the complaint of the president , order such officer •or workman to r ender the accounts, p a y the balance, or del iver u p the pape r s , p rope r ty , and things , as the case	m a y be, and tha t on non-compliance wi th the order the	officer or workman be impr isoned for a per iod not
exceeding six months .
(2) Proceedings unde r this section shall not affect the liability of any sure ty of any officer, or relieve a n y officer or workman from being held to answer any cr iminal information, charge, or proceeding.

( 3 ) F o r the purposes of this section "officer or

w o r k m a n " shall include a person who has , within twelve months p r io r to any requi rement aforesaid, been an officer or workman.

2 3 . Any officer, workman, or other person who wil­

fully des t roys any document of or belonging to the board
shall be deemed guil ty of a misdemeanour .

2 4 .     (1) Subject to the provis ions of this Act the board

is charged with—

(a)	the conservation, preservat ion , and	dis t r ibut ion
of wa te r for domestic and other u s e s ;

(b)	the provision of reticulation and other means for the discharge of sewage and its t r ea tmen t
and d isposa l ;
(c)	the administration and management of all pro­ per t ies from time to time vested in i t ;
(d)	the operation and maintenance, and where neces- sary the improvement and extension of all works from time to t ime vested in i t ;
(e)	the construct ion of any new, addi t ional , or s u p ­ p lementa ry works of water supply or sewerage
(f)	the extension of its services to districts not served with i ts mains or sewers ;
(g)	the provision of such offices, stores, warehouses, depots , and other accommodation as may be requ is i t e ;
(h)	the exercise of the duties conferred and imposed upon it by this Act.

(2) The board shall exercise the functions set out in subsection one of this section within i ts a rea of opera t ions .

(3) The provisions of P a r t I I I of the Public Works Act, 1912, shall no t extend to works constructed: or proposed to be constructed by the board.

DIVISION 2.—Construction.

2 5 . Subject to the provis ions of this Act the board may construct—

(a)	such storage dams, weirs, tunnels, aqueducts,
pipe lines, canals, reservoirs , filters, wate r t rea t ­
ment works, pumping stat ions, gravi ta t ion ,

rising

r i s ing and ret iculat ion mains , and d i s t r ibu tory works, and other works as in i ts opinion may be requi red for water supply pu rposes ;

(b) such main and reticulating sewers, pumping s tat ions, mains , works for t r ea tmen t and purifi­ cation of sewage, outfall works, vent i la t ing shafts, and other works as in i ts opinion may be requi red for sewerage purposes .

2 6 . (1) F o r the purposes and subject to the p ro ­ visions of this Act the board may—

(a)	enter upon any lands and take levels of the same and set out such p a r t s thereof as i t shall th ink necessary, and dig, break, and t rench the soil of such lands and remove or use all ear th , stone, mines, minera ls , t rees , or other th ings dug or obtained out of or from the same ;
(b)	enter upon, take and hold such lands as it may from t ime to t ime deem necessary for the con­ struct ion, maintenance, repai r , or improvement
of any w o r k s ;
(c)	from time to time sink such wells or shafts and make, mainta in , al ter , or discontinue such reser­ voi rs , wate rworks , cisterns, tanks , aqueducts , d ra ins , cuts, sluices, pipes, culverts , engines and o t h e r works and erect such buildings upon the lands , s t reams, and watercourses author ised to
be taken as it shall th ink p r o p e r ;
(d)	from time to time divert and impound the water from any s t reams as it may think fit and a l ter

wa te r s as m a y be found in, under , or on any the courses of the same, and also take such

lands for the purposes of this Ac t ;

(e)	enter upon any Crown or private lands, public road, or s t reet , and m a y erect any vent i la t ing shaft or lay or place there in any w a t e r or sewer­ age main, pipe, or dra in , or repa i r , a l ter , cut off or remove the s a m e ;
(f)	erect, construct, or carry out any works neces­ sa ry or convenient in connection wi th any works or under tak ings author ised by or unde r this Act or any other A c t ;

(g)

(g )	al ter , repa i r , or renew, pull down or re-erect any works author ised by or under this Act or any
other Ac t ;
(h)	do any act not otherwise unlawful which may be necessary to the p rope r exercise and perform­ ance of its duties.

(2) The board may cause any vent i la t ing shaft, p ipe , or tube for any sewer to be a t tached to the wall of a n y building, but the mouth of any such shaft, pipe, or tube shall be a t least six feet h igher t h a n the highest point of the roof of the building, and be d is tan t in a horizontal direction not less than th i r ty feet f rom a door o r window of any building.

(3) "Where any land is subdivided into holdings o r al lotments the board may make and provide any sewer which it deems necessary for the p rope r d ra inage of such holdings or al lotments without making any compensation therefor to pa r t i es interested except in reference to any bui ld ing or other improvement tha t m a y be injured or in te r fe red with by the sewer or the making thereof and which the board has not re ins ta ted or repa i red , or in respect of any manhole constructed or main vent i la tor e rec ted on the land.

(4) I n the exercise of any of the powers hereby conferred the board shall inflict as little damage as may be , and in all cases where i t can be done shall provide o t h e r watering-places, d ra ins , and channels for the use of adjoining lands in place of any taken away or in te r rup ted b y it, and shall make full compensat ion to all par t ies in te res ted for all damage sustained by them through the exercise of such powers .

(5) The board shall not be liable to make com

of the exercise of any of i ts powers unless a claim in

pensat ion in respect of any damage sustained by reason

wr i t ing shall be made for the compensation within six months af ter the damage is sus ta ined; and in every case where the board cannot agree with the owner or claimant t he amount of compensat ion shall be ascer ta ined and the case in other respects shall be dealt with under the pro­ visions of the L a n d and Valuat ion Court Act, 1921. as if i t were a case in which a claim for compensation by reason of the acquisit ion of land for public purposes u n d e r the Public Works Act, 1912, had been made.

2 7 . (1) The board shall cause maps to be p repa red

showing the a reas served by its wa te r mains and reticu­
lation and i ts sewer mains and reticulation.

(2) The m a p s shall indicate the land liable to p a y ­

ment of ra tes , the levels of the works of the board a t t h e road f rontages of all such lands, and where pract icable the distance of the works from the neares t boundaries of the lands , and the s i tuat ion of the buildings on the l ands .

(3) The m a p s shall be kept revised from t ime to
t ime and shall, within the office hours of the board, be

open to the inspection of the owners of the lands and of

licensed p lumbers and d ra ine rs .

2 8 .     (1 ) The board may make and enter into cont rac ts

or agreements with any person for the performance of services, or for the supply of goods, machinery, or mater ia l , in connection with the discharge or exercise by the board of i ts functions and powers .

(2) All persons contract ing with the boa rd shall be deemed for the purposes of the Const i tut ion Act, 1902, to be public contractors .

(3) A n y contract or agreement au thor ised by th is
or any other section of this Act shall be in the name of
the board and may be made as follows, tha t is to say—
with respect to any contract which if made between
pr iva te persons would be by law required to be
in wr i t ing and signed by the par t i es to be
charged therewith or in wr i t ing and under seal
the board may make such contract in wr i t ing and

unde r the i r common seal and in the same

manne r may v a r y or discharge the s a m e ;

with respect to any contract which if made between p r iva te persons would by law be valid al though made by paro l only and not reduced into wr i t i ng the pres ident of the board may make such con­ t rac t by pa ro l only without wr i t ing and in the same manner may v a r y or discharge the same.

2 9 . Subject to the provis ions of this Act the board shall be the sole au thor i ty for the conduct of wa te r supply and sewerage services within i ts a rea of opera­ tions.

DIVISION

DIVISION 3.—General.

3 0 . (1) F o r the purposes and subject to the p ro ­ visions of this Act and the by-laws the boa rd and any pe r son au thor i sed by i t may enter upon any land or building a t any reasonable hour and a t any hour du r ing which business is in p rogress or is usually carr ied on in the premises for the purpose of making inspections author ised or requi red to be made, and for tha t purpose m a y open any g round and remove any flooring and take such measures as may be necessary to ascer ta in the charac ter and condition of the land or building and of a n y pipe, sewer, dra in , or fitting in connection therewith.

(2) If such pipe, sewer, dra in , or fitting or other works are found on inspection to be made to the satisfac­ t ion of the board and in p rope r order and condition, it shal l cause the same to be re ins ta ted and made good as soon as m a y be, and except in a case where a breach of th is Act or the by-laws with respect to the pipe, sewer, d ra in , or fitting has been committed, the costs and expenses of examination, re ins ta t ing , and making good thereof shall be defrayed by the board .

(3) I n the exercise of the power conferred by this

section the board shall do as little damage as possible.

(4) The board m a y direct and compel all defec­ t ive and improper work to be a l tered or r epa i red to its sa t is fact ion or to be removed. Unless the al terat ion, repa i r , or removal be effected within twenty-four hours af ter notice given to the owner or occupier of the p re ­ mises , the board may by i ts officers and workmen, enter	a n y l and or premises and remove the work or effect the	necessary a l te ra t ions or r epa i r s there to . The costs and
expenses of removal , a l tera t ion, or r epa i r m a y be re­ covered by the board from the owner or occupier as a r a t e .
3 1 . Any person who wilfully or maliciously h inders o r i n t e r rup t s or causes or procures to be h indered or In t e r rup t ed the board or any officer or person act ing unde r the au thor i ty of the board in doing any work or in the exercise of any power, shall be liable, on summary conviction, to a penal ty not exceeding ten pounds.

3 2 . Subject to the provis ions of this Act , the hoa rd may open and break up the soil and pavement of the pa ths , roads , s t reets , and br idges within any p a r t of i t s a r e a of opera t ions , and may open and break u p any sewers, d ra ins , or tunnels within or under such pa th s , roads , s t reets , and br idges , and lay down and place p ipes , venti lat ing shafts, and other works and fittings, and from t ime to t ime repai r , al ter , or remove the same ; and f o r the purposes aforesaid m a y remove and use all ear th and mater ia l s in and under such pa ths , roads , s t reets , and br idges , and do all o ther acts which the board from t ime to t ime deems necessary.

3 3 . (1) Before the board opens or breaks up the soil or pavement of any pa th , road, s t reet , or br idge o r any sewer, dra in , or tunnel , it shall give to the Public Author i ty under whose control or management the s a m e may be, or to the i r clerk, engineer or other p rope r officer

notice in wr i t ing of i t s intent ion to open and break	u p
the same.

(2) Such notice shall be given not less t han seven clear days before beginning the work, except in cases of emergency ar i s ing from defects in any p ipes or o ther works or fittings, and then so soon as possible after the beginning of the work or af ter the necessity for the same

has ar isen.

(3) W h e r e the boa rd proposes to lay a new l ine of p ipes across a br idge it shall give to the Publ ic Author i ty having control of the br idge twenty-one days notice of i ts intent ion so to do, and shall conform to t h e

requi rements (if any) of the Public Author i ty in re la t ion

within twenty-one days of the notice. Should the b o a r d	to the laying of the pipe line, communicated to the boa rd	deem the requi rements of the Public Au thor i ty unreason­ able it may refer the dispute to the Minis ter for sett le­ ment in accordance wi th P a r t I X of this Act .
3 4 . (1) W h e n the board opens or breaks up the soil or pavement of any pa th , road , s t reet , or br idge, or a n y sewer, dra in , or tunnel , it shall wi th all convenient speed complete the work for which the same is broken up and fill in the ground and re ins ta te and make good the pa th , road, street , o r br idge, or the sewer, d ra in , or tunnel so opened or broken up , and ca r ry away the rubbish
occasioned thereby. (2)

(2) The board shall at all t imes whilst any such pa th , road, street , or bridge is so open or broken up cause the same to be fenced and guarded, and shall cause a light sufficient for the warn ing of passengers to be set up and kept the re throughout every night dur ing which such pa th , road, street , or br idge continues open or broken up .

(3) I t shall make such t empora ry and other works for the convenience of passengers and traffic as the circumstances may require .

( 4 ) I t shall, af ter replacing and making good the

pa th , road, street , or br idge so broken up, keep the same

in good repa i r for six months thereaf ter .

(5) The council, if a public road becomes damaged by reason of leakages from the mains of the board, or the burs t ing of any main of the board, whether or not such leakage or burs t ing is a t t r ibutable to the negligence of the board or an officer or servant thereof, may require the board to make good the damage.

(6) If the board omits to give notice as requi red or fails to pe r fo rm or makes any unnecessary delay in per forming any of the said duties required to be per­ formed by it, it shall for every such offence forfeit to the Public Author i ty having the control or management of the pa th , road, street , or br idge, sewer, drain , or tunnel in respect of which the default is made a sum of not more t han five pounds and an addit ional sum of five pounds for each day dur ing which any delay as aforesaid continues af ter it has received notice thereof; and the Public Au thor i ty m a y af ter notice in wr i t ing to the board cause to be executed any work so delayed or not pe r fo rmed ; and the expense thereof shall be repa id to it by the	board, and may be recovered with full costs in any court	of competent jurisdict ion.
3 5 . If the board a t any t ime deems it necessary for the purposes of this P a r t to raise , sink, or otherwise a l te r the posit ion of any gaspipes or gasworks, water , hydraul ic , or s team pipes, electric wires , pneumat ic pipes or tubes, or t r amways laid in or under any s t reet the board may , by notice in wri t ing, require the person to whom the said pipes or works or wires or tubes or t r amways belong to raise, sink, or otherwise al ter the s i tuat ion of the same in such manne r and within such reasonable t ime as is specified in such notice.

The

The expenses a t t endan t upon or connected with such a l tera t ions shall be pa id by the board.

If such notice is not complied with the board may subject to the provis ions of this Act make the a l te ra t ions required.

No such a l tera t ion shall be requi red or made which will pe rmanen t ly injure any such pipes or works or t r am­ ways, or p reven t the gas from flowing or vehicles from pass ing as freely and conveniently as usual .

3 6 . (1) W h e r e a water or sewer main has been laid

and is available to be connected to, public notice thereof
by adver t i sement in the Gazette shall be given.

( 2 ) Subject to the provis ions of this Act, the

owners of all lands within the prescr ibed distance shall, in the case of a wa te r main, as from the expira t ion of th ree weeks, and in the case of a sewer main, as from the expira t ion of sixty days af ter the publication of the said notice, be liable for payment of wa te r or sewerage ra tes , as the case may be.

(3) The board shall, so fa r as pract icable, forth­ with give notice in the prescr ibed form to the persons who a p p e a r by the rate-books of the council or otherwise to be the owners of the lands who will be liable to be r a t e d under this Act in respect of wa te r r a t e s or sewerage ra tes , as the case may be.

(4) Any person des i r ing to connect his premises with a main may, subject to such conditions as may be imposed by law, open u p any s t ree t or footpath to the extent required to make the connection.

(5) All connections shall be made to the satisfac­

t ion of the board and in the manne r prescr ibed by the
by-laws.

(6) If any person fails to connect his premises to a main before he becomes ra tab le unde r this section, the board may of i ts own motion or a t the request of the council, itself make such connection and do all th ings

necessary in tha t r ega rd .

(7) Any person desir ing to connect his premises
to a main may apply to the board to make the connection

on a system of deferred payment , and it shall be lawful

for

for the board to enter into an agreement to ca r ry out the work on such t e rms and conditions as it may deem proper .

(8) Any moneys due to the board unde r any such agreement to make a connection, or for making a connec­ t ion unde r the power conferred in subsection six of this section, shall become charged upon the premises and may be recovered as a ra te .

3 7 . Whenever default is made by the owner of any land or premises in the execution of any work by this Act or by any regulat ion or by-law required to be executed by him, the occupier of such bui lding or land may, with the approva l of the board, cause such work to be executed, and such occupier may deduct the amount of the expense

thereof, wi th in teres t thereon a t the ra te of seven pounds

pe r centum pe r annum out of any rent from time to t ime due or becoming due from him to such owner, or he may recover the same in a cour t of pe t ty sessions as a civil debt recoverable summari ly , or in any court of competent jurisdict ion.

3 8 . (1) The board may, on such t e rms as to the pass ing of examinat ions and the payment of fees as may be prescr ibed by the by-laws, issue licenses to persons au thor i s ing them to supervise and pe r fo rm works in connection with water supply and sewerage.

(2) The board may in the manne r and subject to the conditions prescr ibed by the by-laws, suspend or cancel any license issued as aforesaid or any license issued under the provis ions of any Act repealed by this Act.

(3) No person shall commence or per form any

work in connection with wa te r supply, sewerage, or drain­ age which communicates or is intended to communicate direct ly or indirect ly with the pipes or sewers of the board unless he is, or is under the immediate supervision of, the holder of a license.

( 4 ) Any person act ing in contravent ion of the

provis ions of this section or any person who knowingly employs another to commence or pe r form any such work in contravent ion of this section shall be liable on sum­ m a r y conviction to a penal ty not exceeding ten pounds.

( 5 )

(5) No license issued by any au thor i ty other than the board or the Admin i s t r a to r of the Broken Hil l W a t e r

W o r k s const i tuted under the Broken Hil l W a t e r Supply

Admin is t ra t ion Act, 1915, shall enti t le the holder thereof to commence or pe r form work in connection with wa te r supply or sewerage, which communicates with the pipes or sewers of the board.

DIVISION 4.—Special provisions as to water supply.

3 9 . (1) W a t e r available from works provided by or vested in the board shall be p r imar i ly used and equitably dis t r ibuted for domestic purposes , sewerage flushing, and the maintenance of a suitable p ressure for fire ext inguishing.

(2) Subject to this Act the board may dis t r ibute the balance available in accordance with the impor tance , in the opinion of the board, of the purposes for which the wa te r is to be applied.

(3) I n cases where works a re specially con­ s t ruc ted to supply wa te r for purposes other than for human consumption, and where wa te r available is unfit for human consumption there shall be no such restr ict ion.

4 0 .     (1) The board m a y supply any person with wa te r

for domestic or other purposes by measu re or otherwise a t such r a t e s upon such t e rms and subject to such con­ dit ions as m a y be prescr ibed by the by-laws.

(2) The board shall fix ra tes of charge a t which wa te r may be purchased from the boa rd if in the opinion of the board it is available.
(3) The r a t e s of charge m a y v a r y according to

the purpose for which the wa te r is purchased or the point

a t or dis t r ic t in which the wa te r is delivered.

4 1 . The boa rd shall not be liable to any pena l ty or damages for not supplying wa te r if w a n t of such supply ar ises from unusua l d rought or other unavoidable cause or accident, nor shall the board be compellable to supply

wa te r to any pe r son whomsoever.

4 2 . (1) The board shall fix p r o p e r h y d r a n t s in i ts

mains and other p ipes a t such convenient dis tances and a t such places as the boa rd considers p r o p e r and con­ venient for the r eady supply of wa te r for ext inguishing any fire. I t shall renew and keep in effective o rde r every

such

such hydran t , and shall exhibit a conspicuous sign direct­ ing notice to the s i tuat ion of the hydran t . The sign may be pa in ted on or a t tached to any building, fence, or other s t ruc tu re , and the board shall not be requi red to obtain a n y permiss ion to pa in t or a t tach any such sign nor to p a y for doing so.

(2) The board may a t the request and expense of the owner or occupier of any building, manufactory , or works place and main ta in in effective order a hyd ran t ( to be used only for ext inguishing fires) in or as near as convenient ly may be to such building, manufactory , or works .

( 3 ) The board shall a t all t imes keep charged

with wa te r all i ts p ipes to which h y d r a n t s a re fixed unless p reven ted by drought or other unavoidable cause or accident or dur ing necessary r epa i r s . Water may be taken wi thout charge by author ised persons for the purpose of ext inguishing fires.

4 3 . (1) The board shall take effective measures to
pro tec t the supply of wa te r from being illegally diverted,

polluted, misused, or wasted, and to main ta in an adequate

a n d pu re supply.

(2) I n the case of drought or of any accident or unavoidable cause the boa rd may regula te the use of w a t e r supplied by the board for any purpose , and the consumpt ion and method of consumption of wa te r whether the supply is by measure or otherwise.

4 4 . A n y person who unlawfully and maliciously

des t roys or damages , or a t t empts to des t roy or damage,

a n y s torage reservoir , main, pipe, hydran t , p lant , o the r work or s t ruc ture , used for or incidental to the or	supply of wa te r by the board shall be liable on conviction
to penal servi tude for a t e r m not exceeding ten yea r s .

4 5 . The board may cut off the supply of wa te r to any

land—

(a)	if any meter used to measure the supply is out of repa i r , or in the opinion of the board in­ correct ly regis ters the supp ly ; or
(b)	if any rates or charges in respect either of water or sewerage on the land a re unpa i d ; or

(e).

(e)	if in the opinion of the board such course is necessary owing to any unavoidable cause, or to any accident, or to effect r epa i r s , or to cleanse a
m a i n ; or
(d)	if the owner or occupier or person requiring a supply of wa te r neglects to comply with the lawful requi rements of the board as to the in­
stal l ing of m e t e r s ; or
(e)	if the owner or occupier or person requiring a supply of wa te r neglects to comply with any lawful requi rements of the board to r epa i r or a l ter wa te r connections, pipes, fittings, or
appl iances connected to the b o a r d ' s wa te r
m a i n s ; or
(f)	if the owner or occupier or person requiring a supply of wa te r pe rmi t s any offence in respect of the waste , misuse, and undue consumption or
contaminat ion of w a t e r ; or
(g)	if the owner or occupier or person requiring a supply of w a t e r obstructs any officer of t he board in the exercise of any powers under th i s Act or the by-laws.

4 6 .     (1) The board m a y ins ta l and charge hi re for—

(a)	meters or instruments for measuring the quan­
t i ty of wa te r suppl ied ; and
(b)	p ipes and a p p a r a t u s for the conveyance, recep­ tion, and s torage of water .

( 2 ) The hi re may be recovered as ra tes .

(3) The meters , ins t ruments , pipes, and a p p a ­

r a t u s shall not be a t tached or taken in execution u n d e r any process of any court of law or equity or under or in

pursuance of any seques t ra t ion or other legal proceed­
ings agains t or affecting the consumer of the wa te r o r

owner or occupier of the premises or o ther persons in whose possession or care the meters , ins t ruments , p ipes ,

or a p p a r a t u s m a y be.

(4) I n lieu of instal l ing meters , ins t ruments ,

p ipes , and a p p a r a t u s the board may requi re the owner or occupier or person requi r ing a supply of wa te r to ins ta l the same. All meters , ins t ruments , p ipes , a n d a p p a r a t u s so instal led shall be in accordance wi th the requi rements of the board, and shall be main ta ined in good working condition by the person instal l ing the

same. 4 7 .

4 7 . (1) The Governor may, by proclamat ion, p ro ­ claim any lands to be a catchment a rea in connection with the supply of wa te r by the board .

(2) The Governor may, by like proclamat ion, a t any t ime revoke and cancel the proclamat ion of any catchment a rea and reprocla im the boundar ies thereof, and m a y by like proclamat ion amend the boundar ies of any catchment a rea previously there to proclaimed under

th is Act .

(3) Af te r the commencement of this P a r t of this Act it shall not be lawful to make any conditional or other sales or to g r a n t any lease or license under the Crown Lands Consolidation Act, 1913, of any Crown lands within any catchment a rea .

(4) If a Publ ic Author i ty p roposes—

(a)	to grant any license under the provisions of the
F o r e s t r y Act, 1916-1935; or
(b)	to grant any lease or license under the Mining Act, 1906-1935; or
(c)	to construct any railway under the provisions of the Government Rai lways Act, 1912-1934; or
(d)	to grant any permission or franchise under Division 3 of P a r t X V I I of the Local Govern­ ment Act, 1919; or
(e)	to g ran t any license under the Public Hea l th Act, 1902, the Da i ry Supervis ion Act, 1901, the Catt le
Act, 1902, or the Noxious T r a d e s Act, 1902; or S laughter ing and Diseased Animals and Meat
(f) to g r a n t a license unde r Division 3 of P a r t	I I

of the W a t e r Act, 1912-1936,

affecting any land within a catchment area , notice of such intent ion shall be given to the board in the m a n n e r and of the dura t ion prescr ibed by the regulat ions . If notwith­ s tanding the representa t ions of the board to the cont rary , it be decided by the Public Author i ty to g r a n t the r ight , license, lease, permission, or franchise, or to construct the works as the case may be, the board shall be so notified

and

and it may, within fourteen days of the da te of such notification, refer the dispute to the Minis ter for settle­ ment in accordance with P a r t I X of this Act.

(5) The Public Au tho r i t y shall not proceed to g r a n t any r ight , license, lease, permiss ion, or franchise or to construct works except in accordance with the order of the Governor made for the set t lement of the dispute.

(6) The board m a y under take or a r r ange for the

p lan ta t ion of and the provis ion of a rborea l cover for any

catchment a rea , and m a y under take or a r r ange for t he cut t ing and marke t ing of t imber of commercial value cut upon any catchment a rea .

4 8 .     (1) The board m a y in the manne r prescr ibed by

the by-laws control and regula te the sani ta t ion of any catchment a rea and the sani ta t ion, use, and occupation of premises there in so as to avoid any insan i t a ry condition thereon or any interference theref rom with the pu r i t y of the wa te r supply.

(2) I n pa r t i cu la r and without l imit ing the fore­

going power the board m a y with respec t to any catch­ ment a rea and for the purposes of the p rese rva t ion of the pu r i t y of the wa te r supply and the prevent ion of t he pollution of the catchment a rea—

(a)	control, regulate , and requi re p r ivy accommoda­ tion in premises , and require special t r ea tmen t or disposal of any faecal or excrementi t ious m a t t e r ;
(b)	require premises to be kept free from rubbish or
offensive or unwholesome m a t t e r ;
(c)	require premises to be cleansed, disinfected, and l imewashed;
(d)	control and regulate the drains of premises,
including the a l te ra t ion of any d r a i n ;
(e)	control and regulate the erection of pigsties, cow-yards, pou l t ry houses or ya rds , s tockyards , or stables, and prescr ibe the dis tance from any watercourse or reservoi r wi thin which no such s t ruc tu re shall be erected or continued, and

requi re

require methods to be adopted, by the cultiva­ t ion of land or otherwise, whereby the d ra inage or s to rmwater f rom the land occupied by such s t ruc tures shall be p reven ted from pollut ing the

water supp ly ;

(f)	control and regulate the disposal of trade refuse from tanner ies , breweries , chemical works, but ter , cheese, or bacon factories, creameries, wool scours, or other indus t r ia l operat ions so tha t any pollution of the wa te r supply may be avoided;
(g)	control and regulate and, within limits defined in the by-laws, p reven t picnicking, camping, shooting, fishing, flower ga ther ing , or the pa rk ­ ing of motor or other vehicles;
(h)	control and regulate the methods to be adopted for the dest ruct ion of rabbits or other vermin and the disposal of thei r bodies ;

(i)   control and regulate the slaughtering of beasts and the disposal of offal;

(j)	control and regulate the sanitation of camps of workmen engaged in construction of public or
other works ;
(k)	control and regulate the sanitation of areas specially set a p a r t for picnicking, camping, or the pa rk ing of motor or other vehicles;

(1) require the notification to the board by the house­ holder or occupier of any premises within a catchment a rea of the occurrence of any case of typhoid, pa ra typhoid , dysentery , cholera, or

notification to the board by any medical practi­	epidemic diarrhoea on his premises , and the
t ioner in a t tendance of any such case ;

(m)	provide for the disposal, whether by removal, sale, destruct ion or otherwise, of any stock found s t ray ing on lands of the board or on enclosed Crown lands within a catchment a r e a ;
(n)	and general ly to control and regula te or prohibi t the doing or continuance of any th ing likely to cause the pollution of a catchment a rea or the
wa te r supply.

( 3 )

(3) The board may control and regula te the access of stock to such por t ions of any catchment area as a re not in possession of p r iva te owners, and upon such lands may g r a n t r ights of agis tment and by impounding or prosecu­ tion p reven t the t r e spass of stock on such lands .

(4) The board may, upon Crown lands, dedicated lands, or resumed lands upon any catchment area, assume all the r ights , powers , obligations, privileges, and im­ munit ies as a re conferred or imposed upon t rus tees by the Public T rus t s Act, 1897, the Publ ic P a r k s Act, 1912, or the Crown Lands Consolidation Act, 1913, and shall requi re no fu r ther w a r r a n t t han this Act so to do. F o r the purpose of the impounding of animals the board shall be deemed to have all the r igh t s as a re by law conferred upon occupiers.

DIVISION 5.—Special provisions as to sewerage.

4 9 . The board shall cause all sewerage works to be

constructed, mainta ined , kept, and cleansed, wi th due
r e g a r d to the heal th and convenience of the public.

5 0 . The board may cause sewage to be discharged a t

such places and to be t r ea ted in such works, or so dis­
posed of as it may decide.

W h e r e in the opinion of the board g rea te r expense would be incurred in causing the sewage from two or more separa te por t ions of land to flow into an exist ing sewer of the board than in const ruct ing a new sewer and causing such sewage to flow there to , it may construct such new sewer, and by notice order the owners of such

5 1 .

the new sewer. The board shall appor t ion as i t deems	separa te por t ions of land to connect the i r premises with
jus t the expenses of the construct ion of the new sewer among the owners of the several por t ions of land and may recover the sums so appor t ioned f rom such owners as debts.
5 2 . The board may, upon such t e rms and conditions as may be agreed upon, en ter into a contract with any person, who is not liable for paymen t of sewerage r a t e s upon any lands , for the discharge of sewage from such lands into the sewers of the board.

53 . (1) Before—

(a)	the construction of the foundations of any new
tenement ; or

(b) the rebuilding of any exist ing t enement ; or

(c) the construction of the foundations of any addi t ion to an exist ing tenement

is commenced, the person in tending to build or rebuild shall give to the board wr i t t en notice thereof, indicat ing the levels or in tended levels of the cellar or lowest floor, and the s i tuat ion and construct ion of all la t r ines , lava­ tories , and other such offices proposed to be built, constructed, or used in connection with such tenement .

The board shall within the space of fourteen days of receiving such notice, approve or d i sapprove the proposed levels and the other a r r angemen t s for the construct ion of offices.

(2) If any person commences to build or rebuild before the board has approved the proposed levels and o ther a r r angemen t s for the construct ion of offices he shall be liable on summary conviction to a penal ty not exceed­ ing ten pounds , and the board may a t the expense of such person demolish any work so constructed.

54. (1) Any person who erects, constructs or places any building, wall, fence, or o ther s t ruc ture in, upon, over, or unde r any sewer so as to in ter fere with or obstruct the sewer in the ca r ry ing off of sewage, shall be liable on summary conviction to a pena l ty not exceeding twenty pounds, and, in case of a cont inuing offence, to	a fu r ther pena l ty not exceeding one pound for each day
du r ing which the offence continues af ter notice to abate
or cease the interference or obstruction has been given.
(2) The board m a y demolish and remove the building, wall, fence, o r other s t ruc ture , r epa i r the sewer, and m a y recover the cost and expenses of so doing from the person offending as a debt.
(3) The board m a y in any case where there is a threa tened breach of this section sue for and obtain an injunction to prevent any damage to, or interference with, or obstruct ion of a sewer.
55. Any person who unlawfully and maliciously des t roys or damages , or a t t empts to des t roy or	damage ,

any sewer, pumping stat ion, tank, pipe, vent i la t ing shaft , machinery, plant , or o ther work or s t ruc ture used for or incidental to the provision of sewerage services by the board shall be liable on conviction to penal servitude for a t e r m not exceeding ten yea r s .

DIVISION 6.—Special powers of Minister for Public Works.

56. (1) (a) Any work of construction, maintenance , r epa i r or renewal requi red or author ised by this Act to be car r ied out by the board shall, no twi ths tanding any­ th ing contained in this Act, be car r ied out on behalf of the board by the Minis ter for Publ ic Works .

(b) Such work shall be car r ied out by the said Minis ter in accordance with such t e rms and conditions as may be contained in any a r r angemen t or agreement m a d e or entered into by the board with the said Minister , or , in the absence of such a r r angemen t or agreement , as may be prescr ibed by the regulat ions .

(c) The costs and expenses incurred by the Minis ter for Publ ic Works in ca r ry ing out any such work shall be defrayed out of moneys provided by the boa rd for the purpose .

(2) (a) The Governor may, if he thinks fit, direct tha t any such work shall be car r ied out by the Minis ter for Public W o r k s under the Public W o r k s Act, 1912, as amended by subsequent Acts, in which case, and no twi ths tanding the fact tha t the es t imated cost of ca r ry ­ ing out such work m a y exceed the sum of twenty thousand

pounds, the following provisions shall have effect:—

(i)   The work shall be deemed to be an authorised work within the meaning of the Public W o r k s Act , 1912, as amended by subsequent Acts .

(ii) The Minis ter for Publ ic W o r k s shall ca r ry out

the work and shall be the const ruct ing au thor i ty for the same within the meaning of the said Act, as so amended, and shall enter into such con­ t rac t s and take all such necessary steps for the p rope r execution thereof as such au thor i ty may

think p roper .

(iii)

(iii)   The provisions of the Public Works Act, 1912, as amended by subsequent Acts , sections th i r ty- four, thirty-five, th i r ty-s ix and thir ty-seven excepted, shall apply to and in respect of the said work.

(b) Wi thou t prejudice to the general i ty of p a r a g r a p h (a) of this subsection, the provis ions of section thi r ty-e ight of the Public Works Act, 1912, as amended by subsequent Acts, shall apply to and in respect of any contracts re fer red to in s u b p a r a g r a p h (ii) of p a r a g r a p h (a) of this subsection.

(3) W h e r e any work is car r ied out under th is section by the Minis ter for Public W o r k s otherwise than pu r suan t to a direction given by the Governor under subsection two of this section, then for the purpose of ca r ry ing out such work the Minis ter for Publ ic W o r k s shall have and may exercise and discharge all or any of the powers , author i t ies , duties and functions which the board would have had and might have exercised and discharged if the board were itself ca r ry ing out such work.

57.      (1) The Minis ter for Publ ic W o r k s is hereby

author ised to ca r ry out under the Public W o r k s Act, 1912, as amended by subsequent Acts , and on behalf of the board each of the works described in the Second Schedule to this Act.

(2) The provisions of subsection two of section fifty-six of this Act shall extend to and in respect of each of such works in like manner as if such works were car r ied out p u r s u a n t to the direction of the Governor thereunder .

Minis ter for Public W o r k s in ca r ry ing out any such work (3) The costs and expenses incurred by the	shall be defrayed out of moneys provided by the board
for the purpose .
58. (1) Upon the completion of any work constructed by the Minister for Public Works under the au thor i ty of subsection two of section fifty-six or unde r the au thor i ty of section fifty-seven of this Act the Governor shall notify in the Gazette tha t the work is t r ans fe r r ed to the board.
The lands occupied or used in connection with the work shall thereupon become vested in the board on t ru s t for
H i s Majesty.

(2)

(2) Upon the completion in p a r t of any work constructed by the Minis ter for Public W o r k s under the au thor i ty of subsection two of section fifty-six or under the au thor i ty of section fifty-seven of this Act the Governor m a y notify in the Gazette tha t such p a r t of such work is t r ans fe r r ed to the boa rd and may by the same or a subsequent notification vest in the board, on t r u s t for His Majesty, the lands occupied and used in connection with tha t p a r t of the work.

(3) W h e r e the Minis ter for Publ ic Works pos­ sesses a less es ta te or in teres t in any land than the fee simple, t ha t es ta te or in teres t only shall become or be vested in the board.

P A R T V I .

F I N A N C E .

DIVISION 1.—Loans.

59. (1) F o r the t e m p o r a r y accommodation of the

board it may obtain advances by overdraf t of cur ren t account in any bank or banks upon the credit of the b o a r d ' s funds to such extent as m a y from t ime to t ime be approved by the Governor .

(2) The T r e a s u r e r may advance such moneys to

the board as the Governor m a y approve , upon such t e rms and conditions as to repayment and in teres t as may be

agreed upon.

60.      (1) The boa rd may, from t ime to t ime, with the

approva l of the Governor , bor row money for—

(a)	the construction of additional works, including the works described in the Second Schedule to
th is A c t ;

(b) the renewal of l oans ; and

(c) the discharge, or partial discharge, of any indebtedness to the T r e a s u r e r or to any bank.

(2) Maintenance and r epa i r of works shall not be deemed addi t ional works within the meaning of th is section.

6.1. Loans shall be deemed to be secured upon the income of the board from whatever source ar is ing.

62. (1) There shall be a reserve for loan repayments in every fund in respect to which any renewal or other loan or any p a r t thereof has been ra ised by the board.

(2) The board shall du r ing each y e a r t r ans fe r to

the reserve for loan repayment from the moneys of the a p p r o p r i a t e fund a sum not less than the boa rd in i ts appl icat ion for approva l of the loan in t imated tha t it p roposed to set a p a r t as aforesaid. W h e r e a loan r a t e is levied the sum shall be set a p a r t out of the proceeds of

the ra te .

(3) W h e r e any land or p r o p e r t y of any kind

which has been provided out of loan moneys is sold before the loan has been wholly repaid , the net proceeds of the sale shall be added to the reserve for loan repayment in the a p p r o p r i a t e fund or pa id direct ly to the lender or used for the provis ion or purchase of o ther land or p rope r ty chargeable upon the fund to which the proceeds belong.

(4) Moneys held as reserve for loan repayment m a y be invested in Commonwealth Government securit ies or in such other securit ies as the Governor may approve or as m a y be prescr ibed by the regula t ions . Any in teres ts or profits realised on such investments shall be added to and form p a r t of the reserve for loan repay­ ments . All moneys pa id into the reserve for loan repayment in any fund m a y be appl ied in or towards r epaymen t of any renewal or other loan ra ised in respect of the same fund, but except where otherwise provided,
may not be applied for any o ther purpose . (5) If, a f ter all the loans ra ised in respect of any
fund have been repaid, there remains in any reserve for
loan repayment any balance, such balance m a y be t r ans ­
fe r red to the cur ren t account of tha t fund.

(6) The reserve for loan r epayment s shall not be subject to seizure in sat isfact ion of any debt other t han for loans p r imar i ly charged on the income of the fund in which the reserve is provided.

63 .      (1) F o r securing repayment of the pr incipal and

in teres t on any moneys borrowed, the board m a y issue debentures or inscribed stock as prescr ibed by the regula­

t ions. (2)

(2) E v e r y such debenture and every coupon originally annexed to the debenture and whether separ­ a ted theref rom or not shall be t ransfe rab le by simple delivery.

(3) Inscr ibed stock shall be t ransferable in the books of the board in accordance with the regulat ions.
(4) Debentures or inscribed stock issued under this Act shall be deemed to be included in the genera l exemptions from s t amp du ty under P a r t I I I of the S t a m p Dut ies Act, 1920-1933, contained in the Second Schedule to tha t Act .

(5) The holder of a coupon originally annexed to a debenture and whether sepa ra t ed therefrom or not, shall be enti t led to receive payment from the board of the in teres t ment ioned in the coupon upon the p resen ta t ion of the same on or af ter the date when and a t the place where the in teres t is payable .

(6) The due repayment of the debentures and stock and the in teres t thereon shall be a charge upon the income and revenue of the board, and is hereby guaran­ teed by the Government . Any liability a r i s ing from such guaran tee shall be payable out of moneys provided by Pa r l i amen t . Such charge shall not prejudice or affect the power of the board to sell or convey any p r o p e r t y vested in it free of any such charge.

64. (1) (a) Notwi ths tanding the foregoing pro­

visions of this Act, any money which the board is autho­ r ised to borrow may be borrowed by a loan ra ised wholly or in p a r t in the form of debentures or bonds in such country as the Governor may approve , and m a y be negot ia ted and ra i sed in any currency. (b) Such debentures or bonds may be in such

form and contain such te rms , conditions, and provis ions whether with respect to period, in terest , or amount , or with respect to any other m a t t e r whatsoever as the boa rd shall think fit, and shall be t ransfe rab le by simple del ivery if such debentures or bonds shall so provide .

(c) The provis ions of th is Division of th is P a r t o ther than subsection one of section s ixty-three and subsections three and four of section sixty-seven shall extend and apply to bonds as well as to debentures issued and to moneys borrowed under this section

(2) .

(2) The board may in connection with any loan so ra i sed agree t ha t a sinking fund shall be established a n d controlled at such place by such person and in such m a n n e r as may be found necessary or expedient in the c i rcumstances of the case, and where any such sinking fund is so established the provis ions of section sixty-two of this Act shall apply with r ega rd to tha t loan only in respect of the amount , if any, the r epayment of which is no t provided for by the sinking fund established under the agreement .

(3) I n connection with the ra is ing of any loan under this section, the board may enter into such agree­ ments as the board shall think fit with respect to the form of such debentures or bonds, or for the sale of such deben­ tu res or bonds or the g ran t ing of an option to purchase such debentures or bonds or for services to be per formed by any person in Aus t ra l i a or in any other p a r t of the world in connection with such loan or with the issue, management , and redempt ion of or otherwise with respect to such debentures or bonds, and such agree­ ments may be upon such t e rms and conditions and may conta in such provis ions for the giving or receipt of considerat ion as the board shall think fit.

Copies of any such agreement shall be forwarded to the
Minis ter who shall cause the same to be laid before both

Houses of Pa r l i amen t so soon as possible after the loan

is ra ised.

(4) The Governor may upon the recommendat ion of the board appoin t two or more persons to negot ia te in any country the t e rms and conditions of any loan ra ised outside Aus t ra l i a and for and on behalf of the board to enter into all such agreements as the board is by

th is section author ised to enter into and to sign, execute,
o r otherwise perfect all such agreements , debentures , or

bonds as are by this section provided for, or to enter into all such agreements and execute all such securit ies and to do all such things as may be necessary or convenient to be done for the purpose of ra is ing any loan under this Act , and may upon the like recommendat ion revoke or v a r y any such appoin tment and make any fresh appoint­ ment .

The product ion of a copy of the Gazette containing a

notification of any such appoin tment or revocation as

i aforesaid

aforesaid shall in favour of a lender or of any holder of a securi ty be conclusive evidence of the appoin tment or revocation.

(5) All debentures or bonds bea r ing the signa­ tu res of such persons so appoin ted in tha t behalf shall be deemed to be securit ies lawfully issued under seal by the boa rd and shall be deemed to be secured upon the income of the board from whatsoever source ar is ing, and all agreements pu rpo r t ing to be made under the au thor i ty of th is section and bear ing the s igna tures of such persons shall be deemed to have been lawfully made by the said board, and if the same shall p u r p o r t to have been sealed by such persons to have been lawfully executed by the said board under seal.

A holder of any such debenture or bond shall not bo bound to inquire whether the issue of such securi ty was in fact duly author ised.

65. Debentures and inscribed stock of the board may be purchased by the board out of moneys held as a reserve for the repayment of the loan for which they were issued, a t or below their face value. A n y debenture or inscribed stock so purchased shall be cancelled.

66.      (1) Any t rus tee , unless express ly forbidden by

the ins t rument (if any) crea t ing the t rus t , may invest any t r u s t moneys in his hands in stock inscribed by the board , and the investment shall be deemed to be an invest­ men t au thor ised by the Trus tee Act, 1925, or any Act replacing the said Act.

which any company, council, or body corpora te incor­	the board shall be a lawful inves tment for any moneys (2) Any debenture issued or stock inscribed by
po ra t ed by any Act of the Pa r l i amen t of New South Wales is au thor i sed or directed to invest in addi t ion to any other inves tment expressly provided for the invest­ men t of such moneys.
(3) No notice of any t ru s t expressed, implied, or construct ive shall be received by the board or by any officer or se rvan t of the same in relat ion to any debenture or coupon issued or stock inscribed by the board.

67.      (1) If any debenture issued by the board is lost or

des t royed or defaced before the same has been paid, the board may, subject to the provis ions of this section, issue a new debenture in lieu thereof.

(2) The new debenture with in teres t coupon annexed shall bear the same date , number, pr incipal sum, and ra t e of in teres t as the lost, destroyed, or defaced debenture .

(3) When the debenture is lost or des t royed the new debenture shall not be issued unless and unt i l—

(a)	a judge of the Supreme Court has been satisfied by affidavit of the person entit led to the lost or des t royed debenture , or of some person approved by the judge, tha t the same has been lost or destroyed before it has been paid off;
(b)	such advertisement as the judge may direct has
been publ ished;
(c)	six months have elapsed since the publication of the last of the adver t i sements ; and
(d)	sufficient security has been given to the board to indemnify it aga ins t any double payment if the miss ing debenture be a t any t ime thereaf te r presented for payment .

128.       (1) Any r a t e , charge, fee, or money due to the

board unde r the provis ions of this Act or any by-law may be recovered as a debt in any court of competent jur isdict ion.

(2) Proceedings for the recovery of any ra te , charge, fee, or money so due to the board shall be deemed to be for the recovery of a debt or l iquidated demand within the meaning of—

(a)	section twenty-four of the Common Law Pro­ cedure Act, 1S99;
(b)	section sixty-four of the District Courts Act, 1912-1936;
(c)	section twenty-five of the Small Debts Recovery Act, 1912-1933.

(3) An unsatisfied judgment or order of any court for the recovery of any r a t e from any person shall not be a b a r to the recovery thereof f rom any other person liable unde r this Act to the payment thereof.

129.       (1) E v e r y pena l ty imposed upon any person

by th is Act or by any by-law or regula t ion made or con­ t inued under the provisions of this Act shall be without prejudice to the r ight of the board to recover from such person—

(a)	any sum for damage sustained through his act
or defaul t ;
(b)	the cost and expense incurred by the board in
remedying such d a m a g e ;
(c)	the value of any water wasted, misused, unduly consumed, illegally diver ted or illegally taken by him.

The payment of any such penal ty shall not b a r or affect the r igh t of the board to b r ing any other action or take any other proceeding aga ins t such person.

(2) Any penal ty , fine, or forfei ture recovered unde r this Act or the regulat ions or by-laws save the penal ty mentioned in section seventy-four of this Act shall be pa id to the board and be allocated to the a p p r o p r i a t e fund established under this Act.

130.       (1) If any person—

not hav ing from the board a supply of wa te r for other than domestic purposes uses for other than domestic purposes any wa te r supplied to him by the boa rd ;

hav ing from the board a supply of wa te r for any other than domestic purposes uses for any pur ­ pose other than tha t for which he is enti t led to use the same any wa te r supplied to him by the board ,

then and in any such case he shall for such offence be

liable to a penal ty not exceeding five pounds .

(2) The board may also recover the value of the

wa te r so misused.

131 .      E v e r y person who commits any of the following

offences with respect to any s t ream or watercourse , re­ servoir , aqueduct, or other wate rworks in any catchment a rea or belonging to or under the control and manage­ ment of the board shall for every such offence be liable to a penal ty not exceeding five pounds :—

Ba thes	therein.
Washes , throws, or causes to enter there in any dog or other animal .	Throws ,

Throws , conveys, or causes or pe rmi t s to be th rown or conveyed there in any refuse, rubbish, d i r t , filth, or noisome th ing whatsoever .

Washes or cleanses therein the skin of any animal ,

or any clothes, cloth, wool, leather , or o ther

th ing whatsoever .

132. If any person causes the wa te r of any sink, sewer, dra in , or of any engine or boiler, or any o the r filthy wa te r belonging to him or under his control to run or be brought into any s t r eam or watercourse , reservoi r , aqueduct , or other wate rworks in any catchment a r ea o r belonging to or unde r the control and management of the board, or does any other act whereby the wa te r of t h e board is fouled, he shall for such offence be liable to a penal ty not exceeding five pounds and a fur ther penal ty not exceeding five pounds for each day (if more t h a n one) tha t such offence continues.

133.      Any person making or supplying gas who causes

or pe rmi t s the wa te r in any s t r eam or watercourse , reservoi r , aqueduct, or other wa te rworks in any catch­ ment a r ea or belonging to or under the control a n d management of the board to be fouled or any pipes o r conduits of the board to be in jured by reason of h i s —

doing any act connected wi th the making of g a s ;

causing or suffering any substance produced in the making or supplying of gas to be brought into or to flow into such s t r eam or watercourse , reservoir , aqueduct, or other waterworks , p ipe ,

the rewi th ; or condui t or into any dra in communica t ing

shall be liable to a penal ty of twenty pounds for each d a y
du r ing which any such offence continues.

B u t he shall not become liable to such pena l ty unti l t he expira t ion of twenty-four hours from the t ime when notice of such offence has been served upon him by the board.

Such pena l ty may be recovered with full costs in a n y cour t of competent jur isdict ion.

134. Whenever the wa te r supplied by the boa rd is fouled by the gas of any person making or supplying gas, such person shall, for every such offence, be liable to a pena l ty of not more than twenty pounds, and a fur ther sum of not more than ten pounds for each day du r ing which the offence continues, after the expira t ion of twenty-four hours from the service on him of notice of such offence.

1. (1) F o r the purpose of ascer ta in ing whether

the w a t e r is fouled, the board may dig up the ground and examine the pipes, conduits, and works of the person making or supplying gas .

(2) Before proceeding to do so, the board shall give twenty-four h o u r s ' notice in wr i t ing to the said person of the t ime a t which the digging and examinat ion is intended to take place, and it shall give the like notice to the Public Author i ty having the control or manage­ ment of the s t reet or place where the digging is intended to take place, and it shall be subject to the like obligation of re ins ta t ing the s treet , and the soil and pavement

thereof, and to the same penal t ies for delay or any non­

feasance or misfeasance therein as provided in P a r t V of this Act with respect to s t reets and pavements broken u p by it for laying pipes.

(3) If upon the examinat ion it appea r s tha t the wa te r has been fouled by any gas belonging to the said person the expenses of the digging, examinat ion and r epa i r of the s t ree t or place d is turbed in any such examinat ion shall be paid by such person .

(4) If upon the examinat ion it appea r s tha t the

wa te r has not been fouled by the gas of the said person then the board shall pay all expenses of the examinat ion and repai r , and also make good to the said person any in jury which may be occasioned to his works by the examinat ion.

136. A n y person who wilfully obstructs any person act ing under the direction of the Minis ter for Publ ic W o r k s or of the board in se t t ing out any works under t aken in pursuance of this Act, or pulls or removes any poles or stakes dr iven into the ground for

the

the purpose of se t t ing out such works , or defaces or des t roys any m a r k s made for the same purpose , shall bo gui l ty of an offence and liable to a penal ty not exceed­ ing five pounds .

137.      A n y person who opens any ground so as to

uncover or expose any pipes or other works or fittings belonging to or under the control and management of the board without being lawfully enti t led so to do and with­ out having given to the board two d a y s ' notice in wr i t ing of his intent ion so to do, or who wilfully or negligently breaks or injures or opens any pipes or other works or fittings as aforesaid, shall be guil ty of an offence and liable to a penal ty not exceeding five pounds .

138.       (1) Any person who wrongfully takes or uses

wa te r from any reservoir , aqueduct or p ipe belonging to or under the control and management of the board, or from any pipe leading to or from any such reservoir , aqueduct or pipe, or from any cis tern or other like place belonging to or under the control and management of the board or supplied by it wi th wa te r for the use of any con­ sumer, shall be guil ty of an offence and liable to a pena l ty not exceeding five pounds .

(2) Any person who illegally diver ts or takes wa te r supplying or flowing into any wate rworks , water­ course or reservoir belonging to or under the manage­ ment and control of the board, or who does any unlawful act whereby the wa te r from any such waterworks , water­ course or reservoi r m a y be d r a w n off or diminished in quant i ty , shall be liable to a penal ty not exceeding five pounds for every day du r ing the whole or any p a r t of

by reason of any act done by or by the direction of such	which the said supply of wa te r is d iver ted or diminished
person.

139.      Whenever it is shown tha t any wa te r is or has

been so wrongfully taken or used or illegally diver ted or taken to or into land owned or occupied by any person, the t ak ing or us ing or diversion of such wa te r shall be deemed to have been effected by or by the direction of such person unless such person satisfies the court tha t such tak ing or us ing or diversion of the wa te r on to or into such land was effected without his direct ion or connivance.

1. (1) When a dispute ar ises between the board

and another Public Au thor i ty ei ther may refer the

dispute to the Minis ter for set t lement by the Governor.

(2) The Minis ter may appoin t any person a

commissioner to hold an inquiry and to r epo r t to him as

to any m a t t e r a r i s ing in or re la t ing to the dispute .

(3) The provisions of the Royal Commissions Act, 1923-1934, other than those of Division 2 of P a r t I I of tha t Act, and the provis ions of section one hundred and fifty-two of the Jus t ices Act, 1902, shall muta t i s mutandis app ly to any commissioner appointed unde r this section.

(4) The Governor may make such order in the public in te res t and in the circumstances of the case as may seem to be jus t and equitable. Any such order shall be final and conclusive and shall be given effect to by the board and by the Public Author i ty .

(5) This section shall apply to the exclusion of section six hundred and fifty-four of the Local Govern­ ment Act, 1919.

S C H E D U L E S .

FIRST SCHEDULE.

Hates, charges, and fees.

1. A scale of rates shall be fixed by the by-laws, and such scale shall continue to be the scale according to which rates shall be levied until the by-law fixing the scale is varied or amended.

2. Kates shall be levied annually by resolution of the board, a copy more newspapers published in Broken Hill. The production of the	of which resolution shall be published in the Gazette and in one or	Gazette, or the part thereof containing the resolution, shall be evidence of the due levying of a rate.
3. Rates shall be levied within the first three months in each year for the twelve months commencing on the first day of January in that year.
4. Rates shall be due and payable to and recoverable by the board on the expiration of one month after service of the rate notice, but may, in a particular case, with the approval of the board, be paid by instalments.
5. The owner or occupier of land shall become liable to the pay­ ment of rates upon the service by the board on him of a rate notice in the form prescribed by the by-laws.

6. The owner or occupier of the land or the person requiring the service shall become liable to the payment of charges and fees upon the service on him of an account therefor and a notice to pay in the form prescribed by the by-laws, unless by the by-laws the charge or fee is made payable in advance,

I. A rate shall become payable in respect of each separate parcel of land, but any rate in respect thereof may be included in the same rate notice with any rate in respect of the same or different land.
8. In any case where more than one person is an owner or occupier of the land within the meaning of this Act, the rate notice may be served upon any one or more of such persons, and the board may recover the rate as against any person upon whom the rate notice is so served.
Nothing in this clause shall entitle the board to recover more than the full amount of the rate.

9. In any case where the name of any owner or occupier liable to pay the rate is not known to the board, it shall be sufficient to rate such owner or occupier by the designation of "the owner" or "the occupier," as the case may be, without stating his name.
10. Where land which was not ratable has become ratable the rate payable thereon shall be proportionate to the portion of the twelve months during which the land is ratable; and in any such case any valuation made by the board of the land after it becomes ratable shall be deemed to Lave come into force concurrently with the laud becom­ ing ratable.

I I . Where land which was ratable has not been valued because of omission from any valuation book or valuation list, the valuation thereof made by the board after discovery of the omission shall come into force and rates may be levied as from the first day of January of the then current financial year of the board. Where in any other case mentioned in subsection four of section eighty-four a valuation

13 made by the board, the valuation shall come into force and rates

may be levied as from the date when the valuation is made.

12. If for any reason a rate is not levied within or by the time

prescribed by or under this Act, or if any irregularity in levying any

rate affects or may be considered to affect the validity of the rate, the Governor may extend the time for the levying of the rate and may	authorise the doing by the board of such acts as may be necessary to
cure the irregularity and to validate the rate.
13. Every rate shall be entered in a rate-book, which shall be in or to the effect of the form prescribed by the regulations.
14. An alteration or amendment in the rate-book may be made in respect of any rate by—
(a)	inserting the name of any person claiming and entitled to have his name inserted as owner or as occupier, as the case may be;
(b)	inserting the name of any person who ought to have been rated or who has since the levying of the rate become liable to be rated;

(c)

(c)	striking out the name of any person who ought not to have been rated;
(d)	raising or reducing the sum at which any person has been rated, if it appears to the board that owing to any error in entering the rate in any rate notice or in the rate-book or in transcribing any figures from any valuation book, or if a valuation has been varied on appeal, the person has been under rated or over rated;
(e)	inserting any land which ought to have been rated and the necessary particulars in respect thereof;
(f)	making such other alterations or amendments as will make the rate conformable to this Act.

15. Any such alteration or amendment in the rate-book shall not be held to avoid the rate.

16. An alteration or amendment in the rate-book may be authenti­ cated in the manner prescribed by the regulations, and shall have effect as though made when the rate was made.

IT. Every person whose rate is altered or amended to his prejudice, or who by any alteration or amendment has become rated in respect of any land, shall be entitled to receive one month's notice of the altera­ tion or amendment before the rate shall be due and payable by him.

18. Rates shall, except where otherwise expressly provided, be pay­ able by the owner of the land in respect of which the rate notice is served.

19. Where the land is owned by the Crown, and is held by any person under a lease therefrom, the rate shall be payable by the holder of the lease:

Provided that where a Crown lease is transferred by way of mort­ gage, the board may not recover from the mortgagee unless and until it has failed to recover from the mortgagor.

20. (1) Where the land is held under a lease from the Crown by
two or more persons successively in the same year, whether with or

without any interval between their holdings, the board may, if it

thinks fit—

(a)	make such adjustment (if any) of the rate, whether paid or unpaid, as it thinks proper, between such persons;
(b)	recover from each of such persons his proportion of the rate as fixed by the adjustment;

(c) make any refund in accordance with the adjustment;

(d) write off any amount in respect of the interval between the holding of such persons.

(2) Where the land is vested in the board and is held therefrom by any person under a lease for a term of not less than one year, the rate shall, if the lease contains an agreement by the lessee to pay rates, or to pay any equivalent sum expressly fixed by reference thereto, be paid to the board by the holder of the lease.

21. (a) Where the land is owned or held jointly by two or more ratable persons, such persons shall be jointly and severally liable for the rate, but as between themselves each shall only be liable for such part of the rate as is proportionate to his interest in the land and in the improvements thereon.

(b) If any of such persons pays more than his proportionate part, he may recover the excess by way of contribution from the others.

22. Where a ratable person disposes of his estate or interest in the land, he shall nevertheless be a ratable person and liable for the rate to the same extent as if he had not disposed of his estate or interest provided that the rate notice is served either—

(a) before he disposes of his estate or interest; or

(b) before a notice of transfer in or to the effect of the form prescribed by the by-laws is given.

23. If any ratable person, who disposes of his estate or interest in the land, pays any rate in respect thereof which has become payable after ho disposes of his estate or interest and before the prescribed notice of transfer is given, he may recover the amount from the person to whom he disposes of his estate or interest.

24. As between a ratable person and any other person from or to whom he derives or disposes of his estate or interest in the land every rate shall be considered as accruing from day to day and shall be apportionable in respect of time accordingly.

25. Where a person by becoming entitled to an estate or interest in the land becomes a ratable person, he shall be liable to the board for the current rate and for all arrears of the rate owing by any previous owner in respect of the land, notwithstanding the fact that he became entitled to the estate or interest after the rate notice was served.

2G. If any ratable person who becomes entitled to an estate or interest in the land pays to the board any rate in respect thereof which became payable before he became entitled to the estate or interest, he may recover a proportion of the amount from the person who was liable to the board for the rate at the time when the rata

notice was served.

27. Nothing in clauses 25 and 26 of this Schedule shall affect or extend to any person who is the holder of a lease from the Crown or from the board, where the lease is granted after the rate is levied, although the land was previously held under a lease from the Crown •or from the board.

28. The proviso to clause 30 of this Schedule relating to a charge for rates shall apply mutatis mutandis to the liability for rates under clauses 25 and 20 hereof.

29. (1) Where rates for the payment of which a ratable person is liable arc unpaid at the expiration of one month after the date when they became payable, the board may serve notice upon the occupier (if any) to pay the rates, and the occupier shall thereupon become liable to pay the same.

(2)

(2) Where the rates for which the owner is liable are required from and paid by the occupier, the occupier may set off the amount so paid against any rent due from him to the owner.

If where the rates are so paid no rent is due, or if the amount of the rates so paid exceeds the amount of rent due, the occupier may either set off the amount so paid or the amount of the excess against accruing rent or recover it or part of it by action as for money paid, with full costs as between solicitor and client.

(3) A tenant who pays rates for a period extending beyond his term shall be entitled to recover from his landlord the amount so paid, with such costs as aforesaid.
(4) The receipt of the board for such rates shall be a discharge of the rent and conclusive evidence of the payment thereof to the amount specified in the receipt.
SO. (1) Every rate under this Act, and any costs awarded to the board by any court in proceedings for the recovery of the rate shall be a charge on the land in respect of which a rate notice is served, in priority to all sales, conveyances, transfers, mortgages, charges, liens, and encumbrances whatsoever:

Provided that—

(a)	no such charge for any rate or costs shall be of any effect as against a bona fide purchaser for value who at the time of purchase made due inquiry, but had no notice of the liability; and
(b)	a purchaser shall be deemed to have made due inquiry who has obtained a certificate under section eighty-eight as to the amount (if any) due to the board.

(2) The provisions of the preceding paragraph and the proviso thereto shall extend to all sums due to the board and by this Act declared to be charged upon land.

(3) Where the land is owned by the Crown the charge shall not affect or extend to—

(a) the estate or interest of the Crown in the land; or

(b) the estate or interest of any person holding under a lease

from the Crown where the lease is granted after the rate is

levied, although the land has been previously held under a

lease from the Crown.

(4) The charge shall rank pari passu with any charge on the land under any other Act.

31. In this Schedule the expression "ratable person" means any

owner of land or any holder of a lease who is made liable to pay the
rates.

SECOND

SECOND SCHEDULE.

WATER AND SEWERAGE WORKS.

Works of Water Supply.

The construction of a concrete and earthen dam on Yancowinna Creek and including spillways, outlets, shafts, diversion tunnels, pipe lines, aqueducts, channels, pumping machinery, buildings, transmis­ sion lines and all works incidental thereto.

The construction of a concrete syphon spillway for Umberumberka Storage Reservoir and all works incidental thereto.

The construction of an additional concrete service reservoir on Block 10 Hill.

The provision of additional pumping machinery in connection with the booster plant at Mica-street Service Reservoir.

The construction of an additional pipe line from Mica-street Service Reservoir to connect with the existing gravitation main from Blue Anchor Hill to Block 10 Hill.

The duplication of the electrically driven pumping machinery at Stephens Creek Storage Reservoir.

Additions to the filtration plant at Mica-street Service Reservoir.

The renewal when necessary of portion or portions of the existing gravitation main from Blue Anchor Hill to Block 10 Hill.

The renewal when necessary of the existing reticulation within the City of Broken Hill.

The renewal when necessary of pumping machinery and other minor items of machinery.

The whole will be subject to such modifications as may be con­ sidered desirable by the Minister for Public Works.

Works of Sewerage.

The construction of a sewerage scheme, including main sewers, reticulation sewers, ventilation, pumping stations, pumping machinery, rising mains, and works for the treatment of sewage, and all other details necessary for the proper completion of the scheme.

The whole will be subject to such modifications as may be con­

sidered desirable by the Minister for Public Works.

T H I R D

THIRD SCHEDULE.

Mining Companies.

Broken Hill South Limited. North Broken Hill Limited. The Broken Hill Proprietary Company Limited.

The Zinc Corporation Limited. Sulphide Corporation Limited. 'New Broken Hill Consolidated Limited.

Western New South Wales Electric Power Proprietary Limited.

Willyama Mining Proprietary Limited.