Broken Hill Water and Sewerage (Amendment) Act 1945 (NSW)

BROKEN HILL WATER AND SEWERAGE

(AMENDMENT) ACT.

Act No. 29, 1945.

An Act to amend the Broken Hill Water and Sewerage Act, 1938-194L in certain respects; and for purposes connected therewith. [Assented to, 22nd October. 1945.]

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis-	Wales in Parliament assembled, and by the authority of
the same, as follows :—
1 . (1) This Act may be cited as the "Broken Hill Water and Sewerage (Amendment) Act, 1945."'
Act, 1938-1945.

(2) The Broken Hill Water and Sewerage Act,

1938, as amended by subsequent Acts and by this Act,
may be cited as the Broken Hill Water and Sewerage

2. The Broken Hill Water and Sewerage Act, 1938-

1941, is amended—

(a) by inserting next after section eight the following new section:—

8A. (1) The board may pay to or on behalf of its members reasonable allowances towards their necessary out-of-pocket expenses for conveyance and subsistence in travelling—

(a)	to and from the meetings of the board, or the meetings of any committee of the board;
(b)	upon inspections within the area of operations, provided such inspections are undertaken in compliance with resolutions of the board passed before­ hand ;
(c)	upon business of the board outside the area of operations in compliance with a resolution of the board.

(2) Allowances under this section shall not exceed such amount as may be prescribed by the regulations.

(3) This section shall be deemed to have commenced on the twenty-third day of December, one thousand nine hundred and thirty-eight.

(b) (i) by inserting in subsections four, six and

seven of section thirty-six next before the

word " m a i n " wherever occurring the word " s e w e r " ;
(ii)	by inserting next after subsection seven of the same section the following new subsec­ tion :—
(7A) Such terms and conditions may include provision for the payment to the board of interest at such rate as may be fixed by the board upon moneys due to the board under any such agreement. The amount of interest payable under this

subsection

subsection shall be an amount which bears to the interest payable by the board on the loan raised under paragraph (d) of subsec­ tion one of section sixty of this Act for making connections to sewer mains includ­ ing the connections subject to such agree­ ment and the costs and expenses of the board in raising, administering and repay­ ing such loan, the same ratio as the moneys due to the board under such agreement bears to the amount of such loan and such costs and expenses.

(c) by inserting next after section thirty-six the following new section:—

36A. (1) (a) The board, at its own expense, shall provide, lay and instal the water pipes and necessary fittings between any water main (whether laid before or after the commencement of this section) with which premises are to be connected and the point upon such premises at which a water meter is or is to be installed and carry out all work connected therewith.

(b) Any water pipe provided by the board under paragraph (a) of this subsec­ tion shall not be deemed to be a water pipe of the board for the purposes of paragraph (a) of section seventy-seven of this Act.

(2) The board, at its own expense, shall
maintain, repair, renew, and carry out any
alterations to any water pipes and necessary

main (whether laid before or after the commence­ fittings upon any premises between any water

ment of this section) and the point upon such premises at which a water meter is or is to be installed.

(3) In the case of a water main laid after the commencement of this section the water pipes and necessary fittings to be provided by the board under subsection one of this section shall as far as practicable be laid and installed when the water main is laid.

(4)

(4) This section shall be deemed to have commenced on the twenty-first day of September, one thousand nine hundred and forty-three.

(d) (i) by omitting from paragraph (b) of subsec­
tion one of section sixty the word " a n d " ;

(ii)   by inserting at the end of the same subsec­ tion the following word and new para­ graph :—

"and

(d) making connections to sewer mains pursuant to subsection seven of section thirty-six of this Act ."

(e) by inserting in the First Schedule next after clause thirty the following new clause:—

30A. Rates, charges and fees shall not be abandoned or written off the books of account of the board except in accordance with a regulation in that behalf and then only upon the certificate of the Auditor-General that the abandonment or writing off is in accordance with such regulation.

3. (1) The Broken Hill Water Board may, with the approval of the Colonial Treasurer and subject to such conditions as he may from time to time impose, by resolution direct the writing off of any sewerage rates, or any part thereof owing by any owner who establishes, to the satisfaction of the Broken Hill Water Board, that he has been unable, by reason of shortage of labour or material attributable to the present war, to connect his premises to a sewer main.

In this subsection " the present w a r " means the war in which His Majesty is engaged and which commenced on the third day of September, one thousand nine hundred and thirty-nine.

(2) Sewerage rates directed to be written off pursuant to subsection one of this section shall not be recoverable and shall cease to be a charge on the land in respect of which the rate notice was served as from the date of the resolution directing such writing off.

SIR