Broken Hill Water Supply Act (1890 No bhw) (NSW)

An Act to enable the " Barrier Ranges and Broken Hill Water Supply Company (Limited)" to establish a system of Water Supply within the District of Broken Hill and Silverton, and to confer upon the said Company certain powers and authorities. [17th December, 1890.]

WH E R E A S it is expedient that the District of Broken Hill and Silverton should be provided with an adequate supply	of water. And whereas a Company, under the name and style of
the " Barrier Ranges and Broken Hill Water Supply Company (Limited)," has been formed for the purpose of establishing works to afford such a supply. Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legisla­ tive Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. This Act may be cited as the " Broken Hill Water Supply the following subjects— Act." I t s provisions being arranged under Four Parts, embracing

P A R T I.—Preliminary.

PART II.—Provisions as to water supply.

P A R T I I I .—The acquisition and occupation by the Company of

lands for purposes of water supply—ascertainment	of compen­
sation in respect thereof

P A R T IV.—Miscellaneous provisions—Legal procedure.

And in the construction of this Act the following words and expres­ sions in inverted commas shall, unless there be something in the context repugnant thereto or inconsistent therewith, bear the meanings and include the persons or things hereby respectively set against such words and expressions, that is to say :—

"Centra l Author i ty"—The Minister for Public Works or the

Minister charged with the administration of this Act.

profits of any house, manufactory, or buildings of whatsoever
kind, or of any land within the District. " Street"—

" Company"—The said " Barrier Ranges and Broken Hill Water Supply Company (Limited)," its representatives or assigns, owners for the time being of the Broken Hill Waterworks.
"Condui t "—The canals, tunnels, aqueducts, cuttings, or pipes,

by means of which the water is supplied.

" Crown Lands"—Lands within the meaning of the " Crown

Lands Act of 1884" and any Acts amending the same.

"Dis t r ic t"—All the districts which are now included within the District of Broken Hill and Silverton, and within the area as described in the First Schedule hereto.

"Governor"—The Governor, with the advice of the Executive

Council.

" Jus t i ce "—Any Justice of the Peace.
" Owner"—Any person who is in the receipt of the rents and

" Street"—Any square, court, alley, highway, railway, tramway, lane, road, thoroughfare or other passage, footpath, or place, whether public or private, within the District.

" Water District"—The area within which water is authorized to be supplied to the inhabitants of the District.

PART I .

Preliminary.

2. Before the Company shall put into force any of the pro­ visions contained in this Act with respect to the acquisition of land otherwise than by agreement, the following conditions and provisions shall be observed :—

(I) The Company shall publish once at the least in each of three consecutive weeks in some local newspaper circulating in the District, a notice describing shortly the nature of the undertaking in respect of which it is proposed to take any lands, naming the Broken Hill Court-house as the place where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the quantity of lands required.

(II) The Company shall serve a printed or written notice on every owner or reputed owner, lessee or reputed lessee, and occupier of such lands, defining in each case the particular lands intended to be taken, and requiring an answer to be given within thirty days, stating whether the person so served assents, dissents, or is neutral, in respect of taking such lands.

(III) On compliance with the provisions of this section with respect to notices, the Company may, if it thinks fit, present a petition to the Governor, and such petition shall state the lands intended to be taken, and the purposes for which they arc required, and the names of the owners, lessees, and occupiers of lands who have assented, dissented, or arc neutral, in respect to the taking such lands, or who have returned no answer to the notice. And it shall pray that

to put in force the powers contained in Bart I I I of this Act	the Company may, with reference to such lands, be allowed
with respect to the acquisition of lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Governor may require.

(IV) On the receipt of such petition, and on due proof of the proper notices having been published and served, the Governor shall take such petition into consideration, and may either dismiss the same or direct a local inquiry, at the cost of the Company, as to the propriety of assenting to the prayer of such petition, but until such inquiry has been made no provisional order shall be made affecting any lands without the consent of the owners, lessees, and occupiers thereof.

(v)   After the completion of such inquiry the Governor may, by provisional order, empower the Company to put in force with reference to the lands referred to in such order, the powers of the said Bart, with respect to the acquisition of lands, otherwise than by agreement or any of them, and either

absolutely

absolutely or with such conditions and modifications as the Governor may think fit; and it shall be the duty of the Company to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served.

PART I I .

Provisions as to Water Supply.

3. Subject to the provisions of this Act, and within the area as described in the First Schedule hereto, the Company may, subject to the approval of the Governor, exercise any of the powers in this Part contained for the construction of water-works for the supply of water to the Municipal District of Broken Hill, and to any Municipal District or Borough which may be established within or partly within the boundaries of the catchment area as defined in the First Schedule, and for the purpose of carrying out the provisions of this Act the Com­ pany may

(I) Enter upon any lands and take levels of the same, and set out

such parts thereof as it shall think necessary.

(II) Enter upon, take, and hold such land, after having paid, as hereinafter provided, the owners thereof compensation for the same as it may from time to time deem necessary for the construction and maintainance of any of the works authorized by this Act, or for obtaining or enlarging the supply of water, or for improving the quality thereof for the purposes of this Act.
(III) Under such superintendence, and subject to such consent, as are hereinafter specified enter upon any Crown or private lands, streets, roads, or thoroughfares, and lay or place therein any pipes, and may repair, alter, or cut off, or remove the same, and under such superintendence, and subject to such consent as aforesaid, may enter upon any such lands, streets, roads, or thoroughfares, for the purpose of repairing any water- courses, or other works, being its property or under its control.

Provided always that in the exercise of any of the powers hereby conferred, the Company shall inflict as little damage as may be, and

taken away or interrupted by it, and shall make full compensation to	in all cases where it can be done, shall provide other watering-places, drains, and channels, for the use of adjoining lands in place of any
all parties interested, for all damage sustained by them through the exercise of such powers. I t shall not be lawful for the Company to exercise any of the powers conferred upon it by this Act until the plans or scheme for the proposed work shall have been first approved by the Governor, and such approval duly notified in the Gazette. Provided also that nothing in this Act contained shall prejudice or affect the rights and privileges of any Municipal District or Borough now or. hereafter to be established within the area described in the First Schedule hereto.
4. Every person who shall wilfully obstruct any person acting under the authority of the Company in setting out the line of any works undertaken under the authority of this Part, or pull up, or remove, any poles or stakes driven into the ground for the purpose of setting out the line of such works, or alter the position of any level, or destroy or injure any works so undertaken as aforesaid, shall incur a penalty not exceeding ten pounds for every such offence.

5. If any person unlawfully and maliciously destroy or damage, or attempt to destroy or damage, any reservoir, dam, tank, tunnel, watercourse, drain, sluice, main, pipe, aqueduct, bridge, road, way, or engine, or any other part whatever of the works of the Company, every such offender shall be guilty of felony, and shall be liable to he imprisoned for any term not exceeding ten years.

6. Subject to the provisions of this Act the Company may open and break up the soil and pavement of the several streets and bridges within the limits of the district, and may open and break up any sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within the same limits, pipes, conduits, service pipes, and other works and engines, and from time to time repair, alter, or remove the same, and for the purposes aforesaid remove and use all earth and materials in and under such streets and bridges, and do all other acts which the Company shall from time to time deem necessary for supplying water to the inhabitants of the district included within the said limits. Before the Company proceed to open or break up any pavement, street, road, sewer, drain, or tunnel, or to interfere with, divert, or alter any pipe not their own, or any wire used for transmission of electricity, bridge, or culvert, they shall give to the local authority under whose manage­ ment or control the same may be, and, in the case of a pipe or wire, to the owners thereof, or their local representative, notice in writing of their intention to open and break up, or otherwise to interfere with the same, not less than seven clear days before beginning the work, except in cases of emergency, arising from accidents to, or defects in, the pipes, or other works, the property of the Company, and then so soon as is possible after the necessity for the work shall have arisen.
7. When the Company shall open or break up the road, path, or pavement of any street or bridge, or any sewer, drain, or tunnel, culvert-pipe wire, it shall with all convenient speed complete the work for which the same shall be broken up, and till in the ground and reinstate and make good to the satisfaction of the local authority or its officer the road, path, or pavement of the sewer, drain, tunnel, culvert-wire, or pipe, so opened or broken up, and carry away the rubbish occasioned thereby. And shall at all times whilst any such road or pavement shall be so open or broken up cause the same to be fenced and guarded, and shall cause light sufficient for the warning of passengers to be set up and kept there for every night during which such road or pavement shall be continued open or broken up. No such

pavement, street, road, sewer, drain, tunnel, pipe, wire, bridge, or culvert, shall be opened, broken up, or interfered with, except in cases	of emergency, as aforesaid, and except as hereinafter provided, except
under the superintendence of the local authority having the control
thereof, or its officer; and according to such plan as shall be approved of
by the local authority, the Company shall make such temporary or other works as may be necessary for guarding against any interruption of the drainage traffic, access, or other public right and convenience during the continuance of the operations. And in the case of interference with any pipe, not the property of the Company, or any wire used for the transmission of electricity, the owners of which may intimate their desire to have the work, temporarily or permanently, of severing, altering, or restoring their pipes or wires, effected by their own employees, or with their owvn material, the Company shall afford every facility to such employees, and shall accept and use such material, paying to such owners the actual reasonable cost of labour and material disbursed by such owners, and in default of the Company making such payment when called upon so to do, the owners aforesaid shall be entitled to recover the amount due by summary process in accordance
with the provisions of this Act. 8.

8. For the purposes of this Act, and subject to the approval of the Governor, the Company may, from time to time, after the expira­ tion of thirty days notice in some newspaper published and circulated in the District of Broken Hill of their intention to apply for the powers hereinafter in this section contained, divert or alter temporarily any part of the course of any creeks, watercourses, roads, streets, or ways, in order the more conveniently to exercise any of the powers conferred upon the Company ; but shall first provide sufficient substitutes for any creek, watercourse, road, street, or way, while so interfered with, and shall maintain the same during such time at their own expense in good order. For the purposes of this Act, and subject to the approval aforesaid, the Company may construct weirs and dams in any creek or water­ course, cut drains and deliver into or take water from, and embank, widen, or deepen any creek, watercourse, lagoon, or swamp within the catchment area of Stephen's Creek, as defined in First Schedule, pro­ vided always that such works shall not interfere with any existing rights, nor with the construction hereafter by any person of other necessary works approved by the Governor for providing water supply for domestic use, or for live stock, or for mining or manufacturing, or other purposes, provided however that the Company shall pay to the Colonial Treasurer such yearly sum, by way of rent, as the Local Land Board may determine, in accordance with the provisions of the "Crown Lands Act of 1884" and any Acts amending the same in consideration of any such concession to be conferred under this Act.

9. The Company shall supply water for domestic or other pur­ poses, by measure or otherwise, at such rates, upon such terms, and subject to such conditions as may be agreed upon by the Company and the person requiring to be supplied. Provided always that the Com­ pany shall not be entitled to withhold water from any person, unless such person be in arrears with his payment, or shall have been convicted of misapplication of water, and the Company shall not charge for water any person a greater rate than other persons are charged under like conditions.

10. The Company shall not be liable (in the absence of express stipulation under any agreement for the supply of water) to any penalty or damages for not supplying or continuing to supply such water if the want of such supply arises from unusual drought or other unavoidable cause or accident or from necessary repairs.

11. The Company may let for hire to any consumer of water supplied by measure any meter or instrument for measuring the

for the conveyance, reception, or storage of the water, for such remu­	quantity of water supplied and consumed, and any pipes and apparatus
neration in money as may be agreed upon between the Company and the consumer, which shall be recoverable in the same manner as rates due to the Company for water.
12. Such meters, instruments, pipes, and apparatus shall not be subject to distress for rent of the premises where the same are used, or bo liable to be attached or taken in execution under any process of any Court of Law or Equity, or under or in pursuance o f any sequestration or order in insolvency, o r other legal proceedings against or affecting the consumer of the water, or the occupier of the premises, or other the person in whose possession the meters, pipes, instruments, and apparatus may be.
13. Every person who shall have agreed with the Company for a supply of water by measure shall, at his own expense, unless he hire a meter from the Company, provide a meter, and keep and maintain the same in good working condition to the satisfaction of such o f f i c e r as may be appointed by the Company ; and in the event of any repairs

being

being required, notice in writing shall be immediately given by such person to the Company, and a registration of the quantity used shall be taken before such repairs are effected.

14. The officers of the Company may enter any house, building, or lands, to, through, or into which water is supplied by the Company by measure, in, or to inspect the meters, instruments, pipes, and apparatus for the measuring, conveyance, reception, or storage of water, or for the purpose of ascertaining the quantity of water supplied or consumed, or to examine if there be any waste or misuse of such water ; and may from time to time enter any house, building, or lands for the purpose of removing any meter, instrument, pipe, or apparatus the property of the Company ; and if any person hinders any such officer from entering or making such inspection or effecting such removal, he shall for each such offence bo liable to a penalty not exceeding five pounds, but except with the consent of two Justices a power of entry shall be exercised only between the hours of nine in the forenoon and six in the afternoon.

15. I n all the pipes to which any fire-plug is fixed, the Com­ pany shall provide and keep constantly laid on for use, unless prevented by unusual drought or other unavoidable accident, or during necessary repairs, a sufficient supply for the following purposes (that is to say), for supplying any public hospitals or charitable institutions, or any public pumps, baths, and wash houses that may be established for the use of the inhabitants, and paid for out of any municipal rates; and such supply shall be provided at such rates and upon such terms and conditions as may be agreed upon by any Municipal Council and the Company, or, in case of disagreement, as shall be settled by two Justices. Provided that hospitals and charitable institutions shall be provided with water without charge.

16. The Company, at the request of any Municipal Council in the Borough of which it shall construct its works or any of them, shall fix proper fire-plugs in the main and other pipes belonging to it at such convenient distances and at such places as it may consider proper and convenient for the supply of water for extinguishing any fire which may break out within any such Borough, and shall from time to time renew and keep in effective order every such fire-plug; and shall put up a public notice in some conspicuous place in each street in which such fire-plug is situated, showing its situation; and such notice may be put up on any house, wall, fence, or building in such street; and as soon as such fire-plug is completed, the Company shall
deposit a key thereof in each place where any public fire-engine is kept. The cost of such fire-plugs and notices, and the expense of
fixing, placing, and maintaining the same in repair, and of supplying

such keys as aforesaid, shall be defrayed by the Municipal Council in which the same may be. And no supply of water from such fire-plugs shall be taken for any other purpose than that of extinguishing fires, unless such purpose be allowed in writing by the Company.

1 7 . The Company may at the request and expense of the

owner or occupier of any manufactory or works situated in or near any street or road in which or within two hundred yards of which there shall be a pipe of the Company, place and maintain in effective order a fire- plug (to be used only for extinguishing fires) or near as conveniently may be to such manufactory or works.

18. The Company shall at all times keep charged with water all its pipes to which fire-plugs are fixed unless prevented by drought or other unavoidable cause or accident or during necessary repairs. And shall allow all persons at all times to take; and use such water for the purpose only of extinguishing fire without making compensation for the same.

19. If, except when prevented as aforesaid, the Company neglect or refuse to fix, retain, or repair such fire-plug, or to furnish to such Municipal Council a sufficient supply of water for the public pur­ poses aforesaid, upon such terms as shall have been agreed on or settled as aforesaid, or if, except as aforesaid, it neglects to keep its pipes charged as aforesaid, or neglects or refuses to furnish water to any owner or occupier liable to be rated under this Act during any part of the time for which such rates have been paid or tendered, shall be liable to a penalty of fifty pounds, and shall also forfeit to any such Municipal Council, or to every person having paid or tendered the rate, the sum of twenty shillings for every day during which such refusal or neglect shall continue after notice in writing shall have been given to the Company of the want of supply.

20. Subject to the provisions of this Act, the Company may, from time to time, make, amend, and repeal regulations for or relating to all or any of the following subjects:—

(I) The supply of water to the owner or occupier of any house,

factory, or land;

(II) The rate at which water shall be sold, and the time of payment for the same ;

(III) The prevention and remedying of waste, undue consump­ tion, fouling or contamination of the water contained in or supplied from any part of the Company's works ;

(IV) The protection of the water and every part of the works

from trespass and injury;

(v)   The imposing of penalties for any breach of any regulation by this Act authorized to be made by the Company, not exceeding for any offence the sum of fifty pounds; and

(VI) Generally for duly administering and carrying out the powers

given to the Company.

And such regulations shall, upon being approved by the Governor and published in the Gazette, be valid in law.

21. The price to be charged by the Company for water sold

shall in no case exceed sixpence per hundred gallons.

22. If any person supplied with water by the Company wrong­ fully does, or causes or permits to be done, anything in contravention of any of the provisions of this Act or of the regulations of the Com­ pany, or wrongfully fails to do anything which under any of those provisions ought to be done for the prevention of the waste, misuse, undue consumption, or contamination of the water of the Company, the

thereof) cut off any of the pipes by or through which water is supplied Company may (without prejudice to any remedy against him in respect
to him or for his use, and may cease to supply him with water so long

as the cause of injury remains or is not remedied.

23. If any person—

(I) Not having from the Company a supply of water for other than domestic purposes, uses for other than domestic purposes any water supplied to him by the Company ; or
(II) Having from the Company a supply of water for any purpose other than domestic, uses such water for any purpose other than those for which he is entitled to use the same,—

he shall for every such offence be liable to a penalty not exceeding forty shillings, without prejudice to the right of the Company to recover from him the value of the water misused.
24. A supply of water for domestic purposes shall not include a supply to any stable, or for any manufacturing purpose, or for irrigation (which shall mean any mechanical or artificial contrivance for conveying water to plants without labour), or for water-power, or for fountains or

any

any ornamental purpose. The Company shall at all times have the power to decide whether the supply of water to any person shall be by measure or otherwise.

25. If any person not being supplied with water by the Com­ pany wrongfully takes or uses any water from any reservoir, water- course, conduit, or pipe belonging to the Company, or from any pipe leading to or from any such reservoir, watercourse, conduit, or pipe, or from any cistern or other like place containing water belonging to the Company, or supplied by it for the use of any consumer of the water of the Company, he shall for every such offence be liable to a penalty not exceeding five pounds.

26. If any person bathe in any stream, drain, reservoir, aque­ duct, or other water-works belonging to the Company, or wash, throw, or cause to enter therein, any dog or other animal, he shall for every such offence forfeit a sum not exceeding five pounds.
27. The Company shall take all reasonable precautions, by fencing and otherwise, for the protection of the water supply from pollution or contamination, and the Central Authority may at any time require the Company to construct such works, or take such precautions, as he may deem necessary or advisable in the interests of the public health. If the Company neglect or fail to construct such works, or take such measures, within the time prescribed by such Authority, the said Company shall become liable to a penalty of not more than fifty pounds for every day after the expiration of such prescribed time.

28. If any person throw, convey, or cause or permit to be thrown or conveyed, any rubbish, dirt, filth, or other noisome thing, into any such stream, drain, reservoir, aqueduct, or other water-works as aforesaid, or wash or cleanse therein any cloth, wool, leather, or skin of any animal, or any clothes or other thing, he shall for each such offence forfeit a sum not exceeding twenty pounds.

29. If any person cause the water of any sink, sewer, or drain, steam-engine boiler, or other filthy water belonging to him or under bis control to run or be brought into any stream, drain, reservoir, aqueduct, or other water-works belonging to the Company, or shall do any other act whereby the water of the Company shall be fouled, he shall for each such offence forfeit a sum not exceeding twenty pounds, and a further sum of twenty shillings for each day (if more than one) that such offence continues.

30. Every person or company making or supplying gas within the limits of any water district who shall at any time cause or suffer

to be brought or to flow into any stream, drain, reservoir, aqueduct, or

water-works belonging to the Company, or into any stream or drain communicating therewith, any washing or other substance which shall be produced in making or supplying gas, or who shall wilfully do any act connected with the making or supplying of gas whereby the water in any such reservoir, aqueduct, or other water-works shall be folded, or the pipes or conduits thereof injured, shall forfeit to the Company a sum not exceeding twenty pounds, to be recovered with full costs of suit for each day during which such washing or other substance shall be brought or shall flow as aforesaid, or during which the act shall continue by which such water is fouled, after the expiration in either case of twenty-four hours from the time when notice of the offence has been served on such person by the Company.

31. Whenever the water supplied by the Company shall be

fouled by the gas of any person or company making or supplying gas within the district aforesaid, such person or company shall forfeit to the Company for every such offence a sum not exceeding twenty

d pounds,

pounds, and a further sum not exceeding ten pounds for each day during which the offence shall continue after the expiration of twenty- four hours from the service of notice of such offence.

32. For the purpose of ascertaining whether the water of the Company he fouled by the gas of any person or company making or supplying gas within the said district, the Company may dig up the ground and examine the pipes, conduits, and works of the persons or company making or supplying gas. Provided that before proceeding so to dig and examine, the Company shall give twenty-four hours' notice in writing to the person or company so making or supplying gas of the time at which such digging and examining is intended to take place, and shall give the like notice to the persons having the control or management of the pavements or place where such digging shall take place, and shall be subject to the like obligation of rein­ stating the road and pavement, and to the same penalties for delay or any nonfeasance or misfeasance therein, as hereinafter provided, with respect to roads and pavements broken up by the Company for laying their pipes ; and if upon such examination it appears that such water has been fouled by any gas belonging to such person or company the expenses of the digging, examination, and repairs of the street or place disturbed in any such examination shall be paid by the person or company making or supplying gas ; but if upon such examination it appears that the water has not been fouled by the gas of such person or company, then the Company shall pay all the expenses of the examination and repair, and also make good to the said person or company any injury which may be occasioned to his works by such examination. The Company shall apply three-fourths of any amounts received under the two last preceding sections in reduction of the charges for water supplied to users from pipes between the point of contamination and the points of delivery, during the period of con­ tamination for which the penalties have been inflicted, proportionately to the consumption of such users, and in the event of the Company neglecting or refusing to make such reduction, any user of water as aforesaid may recover the proportion due to him by summary process before two Justices.

33. Any person who shall, without the authority of the Com­ pany, re-establish any connection which may have been cut off, removed, or severed by him, or who shall in any manner wilfully injure or tamper with any connection pipe, meter, cistern, ball-cock, stop-cock, or waste-pipe, which may have been approved by the	Company, so as to destroy, diminish, or endanger its efficiency may be	summoned for such offence before two Justices, and on conviction
thereof shall be adjudged to pay the amount of the charges and expenses which the Company may have incurred (and which it is hereby authorized to incur) in repairing or restoring the same to a state of efficiency. Every such offender shall also forfeit and pay a penalty not exceeding ten pounds, and the amount of charges and expenses and penalty respectively shall, when recovered, be paid over to the Company.
34. Where several houses or parts of houses in the separate occupation of several persons are supplied by one common pipe, or where water is supplied to courts, alleys, and right-of-ways by stand- pipes, the several owners or occupiers of such houses or parts of houses, or of the several houses or parts of houses in every such court, alley, or right-of-way, shall be liable to the payment of two-thirds of the same rates for the supply of water as they would have been liable to if each of such several houses or parts of houses had been suppliet with water from the works of the Company by a separate pipe.

35. All steam-boilers and hot-water apparatus must be supplied from cisterns without over-flow pipes, and no such boiler or apparatus shall in any way be connected directly with the service pipe or main of the Company. I t shall not be lawful for the owner or occupier of any premises supplied with water by the Company, or any consumer of the water of the Company, or any other person to affix, or cause or permit to he affixed, any pipe or apparatus to a pipe belonging to or used by such owner, occupier, consumer, or any other person, or to make any alteration in any such connection or service-pipe, or in any apparatus connected therewith, without the consent in every such case of the Company. And if any person acts in any respect in contravention of the provisions of the present section he shall for every such offence be liable to a penalty not exceeding five pounds, without prejudice to the right of the Company to recover damages from him in respect to any injury done to its property, and without prejudice to its right to recover from him the value of any water wasted, misused, or unduly consumed.

36. The charges for water and all sums due to the Company shall be paid by and be recoverable from the owner of the premises or the occupier or person requiring, receiving, or using the water. Except where water is supplied by measure, all rates for water shall be paid in advance by equal payments on the first day of January, April, July and October in each year, and the first payment shall be made when the water is first supplied. The rent payable for meters shall be payable in advance on the above-mentioned dates.

37. If any person refuse or neglect to pay on demand to the Company any rate, charge, or sum due by him to the Company under this Act, the Company may recover the same with costs in any Court of competent jurisdiction.

38. If any tenant of any premises be called on to pay, and shall pay a greater amount of any rate, charge, or sum due to the Company under this Act than is due for the period of his occupancy, such tenant may deduct any sum so paid or recovered from the rent from time to time becoming due to the owner in respect of such premises, or after demand, may recover the same from the owner of such premises.

PART I I I .

Acquisition	and occupation by the Company of lands for the purposes
of water supply—ascertainment	of compensation in respect thereof.

39. After the notification in the Gazelle, as hereinbefore pro­ vided, of the approval by the Governor of a scheme for the supply of water to the said district, but not before the Company shall be empowered to acquire or occupy lands for the purposes of such water supply in manner hereinafter provided, and compensation for every such acquisition or occupation of lands shall be ascertained and carried out as hereinafter provided.

40. I t shall be lawful for the Company, by notification to be published in the Gazette and in one or more newspapers published or circulating in the said town and suburbs to declare that the land described in such notification is required for the purpose therein expressed.

41 . Upon the publication of the notification in the Gazette declaring that the lands therein described are so required, such lands shall, upon compliance with the requirements and provisions herein­ after contained, be vested in the Company for the purposes of this Act.

Provided,

Provided, however, that the Company shall have no right or title to any mine or minerals, nor shall the said Company he entitled to inter­ fere in any way with the working or management of any such mine or minerals as aforesaid, which may lie in, upon, or under any private or Crown Lands within the said catchment area, although the said lands may he vested in the Company for the purposes of this Act.

42. Where the land required is Crown Land at the date of such publication, or is vested in any corporation, or in any person on behalf of Her Majesty, or for any public purposes by virtue of any statute, or is within the limits with reference to centres of population prescribed by the " Crown Lands Act of 1S84" or any Acts amending the same, the effect of such publication shall be to withdraw the said land (to the extent required) from any lease or license or promise thereof, and to cancel to the like extent any dedication or reservation of the said land however made, and to divest the estate of such corporation or person, and to vest the said land in the said Company for the purposes of this Act for a lease of twenty-eight years at such rent as may be determined by the Local Land Board under the provisions of the " Crown Lands Act of 18S4" and the Acts amending the same. Provided, however, that nothing in this section contained shall have any effect or operation unless the approval of the Governor shall first have been obtained with respect to the land so required, and the said Company shall have made such compensation and payments as the Local Land Board may determine, subject to the provision of the " Crown Lands Act of 1884" and any amendments of the same.

43. Where the land described in any such notification consists wholly or partly of land alienated by or not the property of the Crown, or is not Crown Land as defined by this Act, the owners thereof shall be entitled to receive such sum of money by way of compensation for the land so described as shall be agreed upon or otherwise ascertained under the provisions hereinafter contained.

44. The estate and interest of every person entitled to lands required under this Act, or any portion thereof, and whether to the legal or equitable estate therein, shall upon due payment of the amount of compensation tendered by the Company, and accepted by the owner, or assessed by the jury as hereinafter provided, be deemed to have been as fully and effectually conveyed to the Company as if the same had been conveyed by the persons legally or equitably entitled thereto by means of the most perfect assurances in the law. And every person shall upon asserting his claim, as hereinafter

provided, and making out his title in respect of any portion of the	said resumed lands, be entitled to compensation on account of such
resumption in manner hereinafter provided.
45. Every person claiming compensation in respect of any land so required, or in respect of any work or other matter done under the authority of this Act, shall, within ninety days from the publication of such notification or at any time afterwards within such extended time as a Judge of the Supreme Court shall, upon the applica­ tion of the claimant, appoint in that behalf, serve a notice in writing upon the Company, which notice shall set forth the nature of the estate or interest of the claimant in such land, together with an abstract of his title, and if he claims, in respect of damage, the nature of the damage which he has sustained or will sustain by reason of the taking of his land or of such work or matter as aforesaid, and such notice may be in form of the Second Schedule hereto, but with any modifications required by the nature of the claim.
40. Within sixty days after the receipt of every such notice of claim the Company shall cause a valuation of the land or of the estate or interest of the claimant therein to be made in accordance with the

provisions

provisions of this Act , and shall inform t h e c l a iman t as soon as p rac­

t icable of t h e a m o u n t of	such va lua t ion	b y not ice	in	t he form of t h e
Th i rd Schedule hereto.

47. If w i th in n ine ty days after t h e service of notice of claim

t h e c la imant and the company shall no t agree as to t h e a m o u n t of compensat ion, t h e c la imant shall he a t l iber ty to ins t i tu te proceedings in t h e Supreme Court in t he form of an act ion for compensa t ion agains t t h e Company . A n d any such ac t ion m a y he t r ied before a J u d g e of t h e said Court or in any Circuit Cour t and a j u r y of four persons. Provided a lways tha t , upon proper appl icat ion, e i ther of t he Company or of t h e c la imant , a special j u r y of twelve m a y he sum­ moned for t r ia l of such act ion. Prov ided also t h a t with the consent in wr i t ing of t he Company and the c la imant , any such action m a y he so t r ied at any t ime (to he ment ioned in such consent) before t h e expi ra t ion of n ine ty days from service of t h e not ice of claim for com­

pensat ion, h u t no t w i th in fourteen days from service of the not ice of

va lua t ion on such c la imant .

4-8. The issue to he tr ied in any such act ion shall be w h e t h e r

t he c la imant is ent i t led to a la rger s u m by way of compensat ion t h a n

t h e a m o u n t of t h e va luat ion so m a d e by the Company and notified to

t h e c la imant as aforesaid, and if so, to what sum. A n d if upon t h e

t r ia l of t he said act ion t he verdict shal l be for a greater s u m t h a n t h e

a m o u n t of t h e said valuat ion, t h e costs of t h e act ion shal l be borne by the Company, b u t if t he verdict shall be for a s u m equal to such valua t ion t h e n each pa r ty shal l bear its OWN costs, or less t h a n such

va lua t ion t h e n t h e costs shal l be borne by the c la imant .

49. Al l moneys payable u n d e r th is A c t by way of compensat ion to any c la imant , whether u n d e r t he verdict of a jury or otherwise, shal l be paid, toge ther w i th costs (if any) and interes t a t t h e r a t e of six pounds per c e n t u m per a n n u m , wi th in one m o n t h after t h e de termin­ a t ion of such compensat ion to t h e person lawfully ent i t led there to , or to his agen t duly author ized in t h a t behalf in wr i t ing , b u t t he c la imant shall be bound to m a k e out his t i t le to t he es ta te or in teres t c la imed by h im, in all cases where t he c la im is in respect of t he deprivat ion of some esta te or in teres t in land, and no in te res t shall be payable except from t h e t ime w h e n such title shall have been made out . Provided t h a t in t he case of land under the surface t aken for t he purpose of cons t ruc t ing a sub te r ranean tunne l for water supply or sewerage, no compensat ion shall be allowed or awarded, unless t he surface of t he overlying soil be dis turbed, or the suppor t to such surface be destroyed,

a n y mines or unde rg round workings in or adjacent to such land be	or in jur iously affected by the const ruct ion of such tunne l , or unless
the reby rendered unworkab le or to be so affected as aforesaid.

50. The Dis t r ic t Cour t shall, no twi ths tand ing a n y t h i n g con - 1

ta ined in t he " Dis t r ic t Cour ts A c t of 1858 , " have jur isdict ion to t r y !

any such act ion of compensat ion in any case where t h e whole a m o u n t of t he claim in respect to such land served in pu r suance of this A c t does not exceed two hund red pounds , or if exceeding t h a t amoun t in a n y case where the Company and the c la imant by a m e m o r a n d u m signed by the Company and such c la imant , or by t h e respective a t to rneys of t he Company and the c la imant agree there to . For t he purposes of this section, t he provisions of t he said Dis t r ic t Courts A c t and of any A c t amend ing t h e same, together wi th all rules m a d e or to be made thereunder , shall be deemed to apply to all proceedings t a k e n

in the said Dis t r ic t Cour t he reunder .

5 1 . I n es t imat ing or assessing t h e compensat ion to be paid u n d e r

th is Act , regard shall be had by the valuators and by the j u r y (on any issue), not only to t h e value of t he l and t aken b y the Company, b u t also to t he damage (if any) to be sustained by the c la imant by reason

of

of t h e severing of t he lands t a k e n from other l ands , or o ther injuries suffered by h i m b y reason of t he exercise of t he powers expressed or incorporated in this Act , a n d they shal l assess t he same according to w h a t t hey shall find to have been the va lue of such lands, estate, or interest , a t t h e t ime of the r e sumpt ion thereof, or the ex t en t of t he damage or in ju ry sustained, b u t in m a k i n g any such es t imate or in assessing t h e compensat ion to be paid unde r th is Act , any increased va lue which m a y be given to t he adjacent lands of t h e same owner by reason of t h e water -works or water supply, shall be t aken into consider­ at ion, and shall be deducted from the compensat ion to be paid to t h e owner of t h e lands so t aken .

52. Subject to the provisions of th i s Ac t it shall be lawful for t he Company and for any officer the re duly author ized in t h a t behalf, and for all persons employed in t h e car ry ing out of any author ized works , and for any person au thor ized by t h e Company to enter u p o n the lands of any person whomsoever which t h e Company m a y requi re to purchase or t ake and to t a k e possession a n d appropr ia te t h e same for t h e purposes of this Ac t , or of t he execut ion of any such author ized works .

53. N o t w i t h s t a n d i n g a n y t h i n g hereinbefore conta ined, it shall

be lawful for t he Company, if i t shall t h i n k fit, to agree wi th t he owners of any lands, t h e acquisi t ion of which is authorized by this Act , and wi th all parties hav ing any estate or interest in such lands, or by th is A c t enabled to sell or convey the same, for t he absolute purchase , for a considerat ion in money, of airy such lands , or such par t s thereof as shall be t h o u g h t proper, and of all estates and interests in such lairds of w h a t k ind soever. Provided also t h a t i t shal l be lawful for t h e Company from t ime to t ime , and a t all t imes hereafter , to lease a n y lands, or t h e right to use or occupy or en te r upon any lands , for such t e r m and upon such conditions as m a y be agreed upon.

t	54. I t shall be lawful for all par t ies be ing seized, possessed of, or en t i t l ed to any such lands , or any estate or interest therein, to sell and convey or release t he same to t h e Company, and to en te r into all neces­ sary agreements for t h a t purpose, and par t icu lar ly it shall be lawful for all or any of t he following part ies so seized, possessed, or ent i t led, as aforesaid, so to sell, convey, or release, t h a t is to say, all corporations, t enan t s in tai l or for life, marr ied women seized in the i r own right, or ent i t led to dower, guardians , commit tees of lunat ics and idiots, t rus tees , or feoffees in t rus t for char i table or o ther purposes, executors and adminis t ra tors , and all par t ies for t h e t ime-being ent i t led to the receipt of t h e r en t s and profits of any such lands in possession, or subject to,
years or any less interest , and the power so to sell and convey or release any estate in dower, or to any lease for life or for lives a n d years, or for
as aforesaid, m a y lawfully be exercised by all such par t ies , o ther t h a n mar r ied women ent i t led to dower, or lessees for life, or for lives a n d years, or for years, or for any less interest , no t only on behalf of t h e m ­ selves and their respect ive heirs, executors , adminis t ra tors , and suc­ cessors, b u t also for, and on behalf of, every person ent i t led in reversion, remainder , or cxj>ectancy, after t h e m , or in defeasance of t h e estates of such part ies , a n d as to such marr ied women, whe the r t h e y be of full age or not , as if t hey were sole and of full age, a n d as to such guard ians on behalf of the i r wards, and as to such commit tees on behalf of t h e luna t ics and idiots of w h o m they are t he commit tees respectively, and t h a t to t h e same ex ten t as such wives, wards , lunat ics and idiots respectively, could have exercised the same power unde r the au thor i ty of th is A c t if t hey had respectively been under no disabili ty, and as to such t rus tees , executors , or admin i s t ra to r s on behalf I' of their cestui quo t rus t s , whet her infants , issue unborn , luna t ics , feme covert or other persons, a n d tha t to the same ex ten t as such cestui que t rus ts respectively could have exer cised t h e same powers under the au thor i ty of this A c t if t hey had

respectively

respectively been under no disabili ty, and the power hereinaf ter given to release lands from any ren t -charge or incumbrance , and to agree for t h e appor t ionment of any such ren t -charge or i ncumbrance shal l ex tend to, and m a y lawfully be exercised by every pa r ty hereinbefore enabled to sell and convey or release lands to the Company .

55. If t he pu rchase money or compensat ion payable in respect
of a n y lands or any interes t there in purchased or t aken by the Com­

p a n y from any corporation, t e n a n t for life or in tail , mar r ied woman

seized in her own r i g h t or ent i t led to dower, guard ian , commit tee of

luna t ic or idiot, t rus tee , executor , adminis t ra tor , or person h a v i n g a par t ia l or qualified interest only in such lands and no t ent i t led to sell or convey the same, except unde r the provisions of th is Act , or the compensat ion to be paid for any p e r m a n e n t damage to such lands a m o u n t to or exceed the sum of two h u n d r e d pounds , t he same shall be paid in to t he hands of t he Master in E q u i t y , to be by h i m deposited to t he account of such Mas te r in E q u i t y ex parte the Company in the m a t t e r of A or B ( the par ty enti t led) pu r suan t to the me thod prescribed by any A c t or by any rules, for t h e t ime be ing in force, for r egu la t ing moneys paid in to the Supreme Court in i ts E q u i t a b l e Ju r i sd i c t i on ; and such moneys shal l r emain so deposited un t i l t h e same be applied to some one or more of the following purposes, ( tha t is to s a y ) —

(i)   In the redemption of the quit rent, or the discharge oi' any debt or i ncumbrance affecting the l and in respect of which such money shall have been paid, or affecting o ther lands set t led t he rewi th to the same or t he l ike uses, t rus ts , and

p u r p o s e s ; or

(II)    I n t h e purchase of o ther lands or of G o v e r n m e n t Deben tu res or o ther stock, to be conveyed, l imited and sett led upon t h e l ike uses, t rus t s and purposes and in the same m a n n e r as the lands, in respect of wh ich such money shall have been paid,

stood se t t l ed ; or

(III) I f such money shall be paid in respect of any bui ld ings t aken unde r t he au thor i ty of this Act , or in jured by the p rox imi ty of any work ,—in removing or rep lac ing such bui ld ings or subs t i tu t ing others in the i r stead, in such m a n n e r as the

Supreme Cour t or t h e P r imary J u d g e in E q u i t y shall d i rec t ; or

(iv) I n p a y m e n t to any pa r ty becoming absolute ly ent i t led to

such money.

50. Such money may be so applied as aforesaid upon an order

of t h e said Cour t or J u d g e made on the pet i t ion of t he pa r ty who

would have been ent i t led to the ren t s and profits of t h e lands in
respect of which such money shall have been deposi ted; and unti l the

money can be so applied, i t may , upon the l ike order, be invested by t h e said Mas te r in E q u i t y in t he purchase of Governmen t Deben tures or real securities, and the in teres t , dividends, and a n n u a l proceeds thereof may be paid to the pa r ty who Mould, for t he t ime being, have been ent i t led to t h e rents and profits of the lands .

57. (i) If such purchase money or compensa t ion shall no t a m o u n t to t he s u m of two h u n d r e d pounds and shall exceed the sum of twenty pounds , t he same shall e i ther be paid to t he Master in E q u i t y to be by h i m deposited a n d applied in the m a n n e r hereinbefore

directed wi th respect to sums a m o u n t i n g to or exceeding two h u n d r e d

pounds , or the same may be lawfully paid to two t rus tees .

(i [) Such t rus tees shal l be nominated by the part ies ent i t led

to t he rents or profits of the lands in respect whereof the same shall be payable , such nomina t ion to be signified by wr i t ing u n d e r t he hands of t he pa r ty so ent i t led. In case of the cover tu re , infancy, lunacy , or o ther incapaci ty of the part ies enti t led In such moneys, such nomina­ t ion may lawfully be made by their respective husbands , guard ians ,

commit tees , or t rustees . (III)

(III) P a y m e n t of such moneys shall no t he made to such

t rus tees as aforesaid unless t he Company approve thereof a n d of t h e

t rus tees n a m e d for t h e purpose .

(iv) The money so paid to such t rus tees and the produce ar is ing theref rom shall be by such t rus tees applied in t h e m a n n e r hereinbefore directed w i t h respect to money deposited to t h e account of t h e Mas te r in E q u i t y ; b u t it shall no t bo necessary to ob ta in a n y

order of t h e Cour t for t h a t purpose .

58. I f such money shall no t exceed the s u m of t w e n t y pounds , t h e same shall be paid to the par t ies ent i t led to t h e rents and profits of t h e lands in respect whereof t he same shal l be payable , for the i r own use a n d benef i t ; or, in case of t he coverture , infancy, lunacy or o ther incapac i ty of such par t ies , such money shall be paid for the i r use to t h e respect ive husbands , guard ians , commit tees or t rus tees of such persons.

59. Al l sums of money exceeding t w e n t y pounds which may be payable by the Company in respect of the tak ing , us ing , or in ter fer ing wi th any lands under a contract or ag reement wi th any person who shal l no t be ent i t led to dispose of such lands , or of t he in teres t therein cont rac ted to be sold by h i m absolutely for his own benefit, shall be paid to t he Mas te r in E q u i t y or to t rus tees , in m a n n e r aforesaid. I t shal l not be lawful for any con t rac t ing pa r ty no t ent i t led as aforesaid to re ta in to his own use a n y por t ion of t h e sums so agreed or con­ t rac ted to be paid for or in respect of t he tak ing , using, or in terfer ing w i t h a n y such lands , or in l ieu of bridges, tunne l s , or other accommo­ dat ion works, or for assent ing to or no t opposing t h e t a k i n g of such lands ; b u t all such moneys shall be deemed to have been contrac ted to be paid for and on account of t h e several par t ies in teres ted in such lands , as well in possession as in remainder , reversion, or expec tancy . Provided always t h a t it shall be in the discretion of the J u d g e s of t he

Supreme Court , or the Chief J u d g e in E q u i t y , or t h e said t rus tees , as

t h e case may be, to allot to a n y t e n a n t for life or for any o ther pa r t i a l or qualified es ta te , for his own use, a port ion of t he s u m so deposited or so paid to such t rus tees as aforesaid, as compensat ion for any in jury , inconvenience, or annoyance which he may be considered to sustain, independent ly of t h e actual value of t he lands to be t aken and of t h e damage occasioned to the lands held therewi th by reason of t he tak ing of such lands and t h e m a k i n g of the works.

00. Al l paymen t s which shall be made in any of t h e cases

aforesaid to the part ies ent i t led unde r th i s Ac t to receive t h e same
shal l be a good and valid discharge to the C o m p a n y ; and such Company shal l not be bound or required to see to t he applicat ion of

a n y of t h e moneys paid to t he Mas te r in E q u i t y or other person	by
v i r t u e hereof, or to sec to t he performance of any t rus t s .

6 1 .    W h e r e any purchase money or compensat ion paid or depos­

i ted p u r s u a n t to th is A c t shal l have been paid in respect of any lease for a life or lives or years, or for a life or lives and years, or any estate in lands less t han t h e whole fee s imple thereof, or of a n y reversion dependen t on a n y such lease or estate, t he said Court or J u d g e may , on t he pet i t ion of any par ty in teres ted in such money, order t h a t t he same shall be laid out, invested, accumula ted , and paid in such m a n n e r as the said Cour t or J u d g e m a y consider will give to t h e par t ies interested in such money the same benefit theref rom as they m i g h t lawfully have had from the lease, estate, or reversion in respect of which such money shal l have been paid or deposited, or as near there to as may be.

02. If t he owner of any lands t aken or purchased unde r the au tho r i t y of th i s Ac t , or of any interest therein , on tender of t he purchase money or compensat ion e i ther agreed or awarded to be paid in respect thereof,

(i) Eefuse to accept the s a m e ; (II)

(II) Neglec t or fail to m a k e out a t i t le to such lands or to t he in teres t there in claimed by h im, to t h e satisfaction of t h e C o m p a n y ;

(III) Refuse to convey or release such lands as directed by t h e

Company ;

( iv) Be absen t from the Colony or cannot , after di l igent inqui ry ,

be f o u n d ;

The Company may , if i t shall t h i n k fit, deposit t h e purchase money or compensa t ion payable in respect of such lands or any in teres t the re in i n t he hands of t he Mas te r in E q u i t y , to be by h i m deposited as aforesaid to his account to t h e credit of t h e part ies interested in such lands (describing t h e m so far as he can do) subject to t he control and disposit ion of t h e said Court .

63 . U p o n t h e appl icat ion by pet i t ion of any pa r ty m a k i n g

claim to t h e money so deposited as last aforesaid or a n y p a r t thereof, or to t he lands in respect whereof t he same shall have been so deposited, or any pa r t of such lands , or a n y interest in t he same, t h e said Cour t or J u d g e m a y in a s u m m a r y way, as to such Cour t or J u d g e shal l seem lit, order such money to be laid out or invested in t he purchase of Gove rnmen t Deben tures or real secur i t ies ; or m a y order d is t r ibut ion thereof or paymen t s of t he dividends thereof, according to t h e respect ive estates, t i t les or in teres t of t h e par t ies m a k i n g claim to such money or lands or any pa r t thereof, and m a y m a k e such o ther order in t he premises as to such Cour t or J u d g e shall seem fit.

64. If any quest ion arise respect ing t he t i t le to t h e lands, in

respect whereof such moneys shall have been so paid or deposited as aforesaid, t he part ies respectively in possession of such lands as be ing t h e owners thereof or in receipt of t he r en t s of such lands as be ing ent i t led there to at t he t ime of such lands be ing purchased or t a k e n , shall be deemed to have been lawfully ent i t led to such lands, un t i l t he cont rary be shown to t h e satisfaction of t he C o u r t ; and unless, u p o n such inqui ry as the Cour t shall t h i n k fit to direct, the cont ra ry be shown as aforesaid, t h e par t ies so in possession and all par t ies c la iming unde r t h e m or consistent ly wi th the i r possession, shall be deemed ent i t led to t he money so deposited, and to t h e dividend or in te res t of t h e securit ies purchased therewi th , and the same shall be paid and applied accordingly.

65 . I n all cases of moneys deposited unde r t he provisions of th i s Act , except where such moneys shall have been so deposited by reason of t he wilful refusal of a n y pa r ty ent i t led there to to receive t he	same, or to convey or release t h e lands in respect whereof t h e same
shal l be payable , or by reason of t h e neglec t of any p a r t y to m a k e ou t
a good t i t le to t he land required, t h e said Cour t or J u d g e m a y order t he costs of the following ma t t e r s , inc lud ing there in all reasonable charges and expenses incident there to , to be paid by the Company
( t ha t is to say) t h e costs of—

(i)   The purchase or taking of the lands or which shall have been incurred in consequence thereof, o ther t h a n such costs as are

transfer, conveyance, and release been completed.	Provided, however ,
t h a t n o th ing here in conta ined shall pre judice or affect	any r igh ts
accrued, ac t ion or proceedings t a k e n against , or l iabili t ies,	obligations,
penal t ies , or forfeitures	incur red by t h e Company before t he complet ion

of t he said ass ignment , t ransfer , conveyance, and release.

103 .    Al l t h e works of t he company, toge ther wi th all t he r igh t s ,

powers, and author i t ies conveyed by th is Ac t , w i th all the i r heredi ta ­

men t s a n d appur tenances , shall a t t h e expirat ion of twen ty -e igh t years

from the date of th i s A c t become and r ema in t h e absolute p roper ty of t h e Government , freed and discharged from all c laims a n d liabilities whatsoever .

104. The Company shal l no t be en t i t l ed to any of t h e r igh ts

and privileges conferred u p o n it by th is A c t unless i t shal l have completed, to t h e satisfaction of t he Centra l Au thor i ty , t he works necessary for ca r ry ing ou t t h e purposes of th i s Ac t w i th in t he period of th ree years from t h e da te of t he pass ing of th i s Act .

105. N o t h i n g in th i s A c t shall be const rued to l imi t or in a n y

way interfere w i th the r igh t s of t he Crown to the; general control of t h e na tu ra l supplies of water, nor w i th t he r igh t of t h e Governor from t i m e to t ime to resume and dedicate any por t ion of t he Crown Lands

comprised in t he F i r s t Schedule to th is A c t for a common, pa rk , or
o ther publ ic purposes of a l ike n a t u r e , subjec t to such regula t ions as
t he GoA^crnor m a y approve, nor in any way interfere w i th any r igh t conferred before t h e pass ing of th is Act , nor in a n y way in te r lore wi th , abr idge , or encroach upon a n y r igh ts , powers , privileges, or concessions

conferred upon t h e Broken Hi l l and Dis t r ic t W a t e r Supp ly Company

(Limited) by the " Broken Hi l l and Dis t r ic t W a t e r Supply A c t of 1 8 8 9 " ; and the provisions of th is Act shall be subject to t he provisions of any A c t deal ing general ly with water conservat ion t h r o u g h o u t t h e Colony.

S C H E D U L E S .

S C H E D U L E S .

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

Description of Catchment Area required by the " Barrier Manges and Broken Hill

Water Supply Company {Limited)."

Sta r t ing a t t he One Tree Hi l l , on t h e wa te r shed dividing the eas te rn from t h e

wes te rn waters (said hill is on t h a t watershed) ; thence a long t h a t watershed in a nor th -eas te r ly direct ion to where t h e wate rshed of t h e Yancowinna and S t ephen ' s creeks joins i t ; thence along t h e watershed dividing the abovementioned creeks to whore t h e n o r t h e r n watershed of M u i g a Spr ings Creek joins i t ; thence south­ wester ly to a point one half-mile below the site a l ready fixed for r e t a in ing dam on S tephen ' s Creek ; thence still in a south-wester ly direct ion t ak ing in all waters r u n n i n g

in to S tephen ' s Creek, above said re ta in ing dam and a long the wes tern wa te r shed

of S tephen ' s Creek pass ing to t he south-west of t h e town of W i l l y a m a and along said

wes tern wate rshed un t i l i t meets t h e watershed dividing t h e eas t e rn from the wes te rn

wa te r s ; thence along said watershed, to t h e po in t of commencement . A r e a about two

h u n d r e d square miles.

S E C O N D S C H E D U L E .

(Sect ion 45.)

Notice of Claim and Abstract.

To the Bar r i e r R a n g e s and B r o k e n	Hi l l "Water Supply	Company	(Limi ted)
Council of

I N pu r suance of t he " B r o k e n H i l l "Water Supp ly A c t of 1890," I (or we) he reby give y o u notice t h a t I {or we) claim compensat ion in land he reunde r described which has been r e sumed u n d e r t he said Act . The a m o u n t of such claim and o ther t h e par t icu la rs

r equ i r ed by the said A c t a re s ta ted in t he subjoined abs t rac t .

Abstract.

Names of persons

Names and Particulars of

Quit rents Names of occupiers, Pates and having the custody

descriptions of claim, specifying

Situation payable if lease­ distinguishing other short of documents and

parties claiming", and separately the

and hold, name of whether tenants- at- particulars place or places where

nature of their amount claimed

description landlord, term will or under lease, of docu­ the same may he in­

interests, whether for value of

of property, of lease, and rent reserved, ments of spected, and name of

tenants for life, in property and for

rent reserved. terms, &c. title. claimant's solicitor

tail, or otherwise. compensation. or agent.

(Signature)

(Address)
(Bate)

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

(Section 46.)

Notice of Valuation.

To A.B. , c la imant in respect of t h e l and he reunde r described, r e sumed u n d e r the

" Broken Hi l l W a t e r Supply A c t of 1890."

T A K E not ice tha t t he land h e r e u n d e r described, be ing t h a t in respect of	the	resumpt ion
whereof u n d e r the au tho r i t y of t he aforesaid Act your claim of compensat ion	has	been
lodged, has been valued a t the sum of £

A . B .	(Seal)
M a n a g e r or Secre tary of	Company.

Description of land in respect of which claim has been made.

A L L t h a t piece or parcel of land, &c, &c., &c.

A n