Broken Hill Water and Sewerage (Amendment) Act 1951 (NSW)

An Act to amend the Broken Hill Water and Sewerage Act, 1938-1945, in certain respects; to repeal the Broken Hill Water and Sewerage (Amendment) Act, 1946; and for purposes connected therewith. [Assented to, 28th December, 1951..] BE

BROKEN HILL WATER AND SEWERAGE

(AMENDMENT) ACT.

Act No. 55, 1951.

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, 1951."

(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 Act, 1938-1951.

2 . (1) The Broken Hill Water and Sewerage Act,

1938-1945, is amended—

(a) (i) by omitting from subsection three of section

four the word "f ive" and by inserting in

lieu thereof the word " s i x " ;

(ii)   by omitting from paragraph (b) of subsec­ tion four of the same section the words ' ' one other" and by inserting in lieu thereof the words " the other two members";

(iii)   by omitting from the same paragraph the words " two persons" and by inserting in lieu thereof the words "four persons";

(iv)   by inserting at the end of the same para­ graph the following proviso:—

Provided that for the purpose of appoint­ consequent on the amendment of subsection ing the first additional member to the board three of this section made by the Broken Hill Water and Sewerage (Amendment) Act, 1951, such member shall be selected from a panel of two persons nominated by such companies.

(v)   by omitting subsection seven of the same section;

(b) by omitting from subsection two of section eight the words " a sum not exceeding one hundred

pounds

pounds per annum" and by inserting in lieu thereof the words "such annual sum as may be determined by the Governor."

(2) The amendments made by subsection one of this section shall commence upon, a day to be appointed by the Governor and notified by proclamation published in the Gazette.

3 . The Broken Hill Water and Sewerage Act, 1938- 1945, is further amended by inserting next after section twenty-four the following new section:—

24A. The board shall have power and shall be deemed always to have had power to construct or provide residences for the accommodation of its servants, and to acquire land, under the provisions of this Act, for that purpose.

4 . (1) The Broken Hill Water and Sewerage Act,.

1938-1945, is further amended—

(a)	by omitting subsections one and two of section ninety-six and by inserting in lieu thereof the following subsection:—
(1) Where in any financial year the income and revenues of the board in respect of the sewerage fund are insufficient to meet the costs
properly chargeable to that fund for that year,
the Treasurer shall, out of moneys provided by Parliament, pay to the board the amount by which such fund is deficient in respect of that year or the sum of three thousand pounds, which­ ever is the less; and the board shall apply the moneys so paid in satisfaction in whole or in part of such deficiency.
(b)	by inserting in the subheading to section ninety-
seven after the word "to" the words "the
Treasurer and";

(c)

(c) (i) by omitting from subsection two of section one hundred the words " two shillings and sixpence per thousand gallons" and by inserting in lieu thereof the words "five shillings per thousand gallons: Provided that the charge for water, supplied to any mining company, and used solely for any dwelling or plantation or any other purpose which the board determines to be a social service, shall be two shillings and sixpence.

For the purpose of this subsection the board shall determine what proportion of the water supplied to a mining company shall be regarded as used for a dwelling, plantation or social service and its decision shall be final and binding on such mining company."

(ii)   by omitting from the same subsection the words "Such charge" and by inserting in lieu thereof the words "Any charge under this subsection";

(iii)   by omitting subsections three and four of the same section;

(d)	by omitting section one hundred and one and by inserting in lieu thereof the following sec­ tions :—
101. (1) Where in any financial year the the water fund are insufficient to meet the costs income and revenues of the board in respect of properly chargeable to that fund, the Treasurer and the mining companies shall respectively pay to the board sums calculated in the manner hereinafter prescribed, to liquidate the deficit in that fund for that year.

(2) For the purpose of calculating the respective sums to be paid to the board by the Treasurer and the mining companies to liquidate any such deficit the income and revenues of the

board

board in respect of the water fund in any finan­ cial year shall be deemed to be the total sum received by the board in that year in respect of that fund from all sources other than from the mining companies for the supply of water to them, and in this section the difference between such sum and the total of all costs properly chargeable to that fund in that year is herein­ after referred to as the "deficiency."

(3) The Treasurer shall, in the circum­ stances referred to in subsection one of this section, pay out of moneys provided by Parlia­ ment a sum representing thirteen fifty-ninths of the deficiency in the relevant year.

(4) Each mining company shall in the circumstances referred to in subsection one of this section pay to the board a sum which bears the same proportion to forty-six fifty-ninths of the deficiency in the relevant year as the amount, payable by that company for water supplied in that year calculated as provided in section one hundred of this Act, bears to the total amount payable for that year by all the mining com­ panies under that section:

Provided that all amounts actually paid by a mining company under section one hundred of this Act in respect of water supplied to it in the relevant year shall be deducted from the

portion of the deficiency which it is required to	pay under this section.
(5) The sum payable by a mining company pursuant to this section shall, for the purposes of this Act, be deemed to be a charge imposed by the board for water supplied to the land of such mining company and shall be payable on demand by the board.
101A. (1) Where the estimates of receipts and expenditure prepared by the board prior to the commencement of each financial year, in

respect

respect of the water fund, disclose that the income and revenues of that fund will not be sufficient to pay all the costs which will be properly chargeable to such fund in that year the board shall furnish particulars of the estimates and the anticipated deficit in the fund to the Treasurer and each mining company respectively.

(2) In the circumstances referred to in

subsection one of this section—

(a)	the Treasurer shall pay to the board, by equal quarterly instalments on the first day of January, April, July and October in each such year out of moneys provided by Parliament, a sum, calcu­ lated on the basis of such estimates, which the Treasurer considers will be sufficient to defray the sum which he will be liable to pay under subsection three of section one hundred and one of this Act, in respect of that year;
(b)	each mining company shall pay to the board on demand by equal quarterly instalments on the first day of January, April, July and October in each such year a sum, calculated on the basis of such estimates, which the board con­ siders will be sufficient to defray the
sum which such mining company will be liable to pay under subsection four
of section one hundred and one of this Act, in respect of that year;
(c)	any amount paid to the board pursuant to this subsection by the Treasurer or a mining company shall be applied in or towards satisfaction of the Treasurer 's or the mining company's liability, as the case may be, under section one hundred and one of this Act.

(3)

(3) On the auditing of the board's accounts after the completion of each financial year, the Treasurer and each mining company shall pay to or receive from the board the difference (if any) between the total of the amounts paid by them respectively pursuant to this section and the amount of their respective liabilities for such financial year calculated in accordance with the provisions of section one hundred and one of this Act.

(2) The Broken Hill "Water and Sewerage (Amend-

ment) Act, 1946, is hereby repealed.

(3) This section shall be deemed to have commenced upon the first day of January, one thousand nine hundred and fifty-one.