Broken Hill Water Supply Administration Act 1915 (NSW)
BliOKEN" HTLL WATER SUPPLY
ADMINISTRATION ACT.
Act No. 43, 1915.
| An Act to provide for the supply of water to and the administration of certain works of water supply for the city and district of Broken Hill, and certain mining' and tramway companies ; to provide for the levying of rates and charges in respect of such supply, and for contributions by such companies ; to repeal the Broken Hill and Umberumberka Wate r Supply Act, 1906; to apply and amend certain Acts ; to prohibit the use of firearms within a certain area ; and for purposes consequent thereon or incidental thereto. [Assented to, 21st Decem- ber, 1915.] | BE |
lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis Wales in Parliament assembled, and by the authority of the same, as follows :—
PART I.
PRELIMINARY AND ADMINISTRATION.
1. This Act may be cited as the " Broken Hill Water Supply Administration Act, 1 9 1 5 , " and is divided into Parts, as follows :—
PART I . — P R E L I M I N A R Y AND ADMINISTRATION—
ss. 1 - 6 .
P A r T I I — T H E SUPPLY TO THE TOWN—SS. 7 - 1 2 . PART
I I I . — T H E SUPPLY TO THE M I N E S AND
TRAMWAY COMPANY—ss. 1 3 - 2 3 .
P A R T I V . — G E N E R A L AND SUPPLEMENTAL—ss. 2 4 - 2 8 .
2. I n this Act,—
" The mining companies " means the companies and corporations (other than the Silverton Tram way Company, Limited) specified in Schedule One or their successors.
" Minis ter" means Minister for Public Works.
" Part " means Part of this Act."Prescr ibed" means prescribed by this A c t o r by
regulations thereunder.
" The Administrator " means the Administrator of
the works.
" The Tramway company " means the Silverton Tramway Company, Limited, or its successors.
" The water district " means the water district
defined in accordance with this Act.
" The works " means any work of water supply for the water district or the mining companies or the tramway company which is vested in the Crown, and includes the work sanctioned by the Broken Hill (Umberumberka Creek) Water
Supply Act, 1 9 1 0 .
3. The Broken Hill and Umberumberka Water Supply Act, 1 9 0 6 , is repealed.
4.
4. (1) This Act shall he administered for and on behalf of the Crown by an administrator, who shall he the permanent head of the Department of Public Works, and who shall have the powers and duties hereinafter conferred and imposed on the administrator.
For the purpose of this Act the administrator shall be a body corporate, having- perpetual succession and a common seal, under the name of "The Administrator of the Broken Hill Water Works," and in that name may sue and he sued.
(2) In ease of the illness, suspension, or absence of the administrator, the person for the time being acting in the office of the permanent head of the Department of Public Works shall have all the powers and duties of the administrator.
5. (1) Tor the purpose of the administration of this Act, the control and management of the works are hereby vested in the administrator.
(2) There shall be a manager and other officers to be appointed by the Governor, subject to the Public Service Act, 1902, and any Act amending it.
Servants and workmen shall he appointed by the administrator.
6. The administrator may, by writing under his hand, delegate to the manager any of the powers con ferred upon him by any other provisions of this Act.
P A R T I I . T H E SUPPLY TO THE TOWN.
7. The Governor, by proclamation in the Gazette, shall define the boundaries of the water district within which the administrator shall under this Part supply water from the works, and within which the powers of the administrator may be exercised. The boundaries of the water district may at any time be varied by a
| like proclamation. | 8. |
8. For the purposes of supplying water under this Part, and for determining, levying, and collecting rates and charges thereunder, and making by-laws, and generally for the administration of this Part, the enactments set out in Schedule Two, except section thirty-nine of the Country Towns Water and Sewerage Act of 1 8 8 0 , so far as they relate to water supply, shall apply to the water district, and in so applying such enactments " t h e administrator" shall be read for " the council ", " the council of the municipality ", " the mayor ", or " the mayor of the municipality".
( 1 ) The administrator shall each year make, levy, and collect a water rate of tenpence in the pound upon the assessed annual value of all land liable to such rate in the water district. The minimum amount of such rate shall be one pound irrespective of the amount of water supplied, and irrespective as to whether any water is supplied or not :
9.
Provided that the administrator may, at any time after the capital indebtedness, as hereinafter in this Act defined, has been discharged, reduce the amount of the water rate.
( 2 ) Water supplied in respect of any rate levied
in pursuance of this section shall be used for domestic
purposes only.10. ( 1 ) The assessed annual value of lands for the
purpose of this Part shall be the assessed annual value of the lands as determined in accordance with the Local Government Act, 1 9 0 6 , and any Act amending the same, and the provisions of Par t X I X of that Act, as so amended, in so far as the same are applicable for
mutatis mutandis, apply to such valuations. the purpose of levying water rates under this Part shall, ( 2 ) Notice of the valuation of the assessed annual value of any land in the municipality of Broken Hill shall be given by the council to the administrator at any time when such valuation is made or altered, and the administrator shall have the same rights of appeal against such valuation as the person aggrieved under the provisions of the Local Government Act, 1 9 0 6 , or any Act amending it. If the council fail to give notice as aforesaid the administrator may at any time appeal against any
such
such valuation, and in such case the council shall pay the whole costs of such appeal, which may he recovered by the administrator in a summary way under this Act.
( 3 ) The administrator may require the mayor or
the town clerk of the municipal council of Broken Hill to furnish, from time to time, any information he requires for the purposes of this Part, and to produce for his information such valuation and rate or other books and documents as he may require. If the said mayor or town clerk fail to furnish or produce the required information within seven days after having been required so to do, the administrator may apply to any justice for an order directed to the mayor or the town clerk to furnish or produce such information, and if the said mayor or town clerk fails to comply with any order issued in pursuance of this section the said council shall be liable to a penalty not exceeding fifty pounds.
11. Water shall be supplied in every case through
a meter, and every ratepayer shall be entitled to receive one thousand gallons of water for each two shillings and sixpence paid as rates. Any water supplied in excess of the amount computed in accordance with this provision shall be paid for at the rate of two shillings and six pence for each thousand gallons or part thereof.
12. The administrator may, subject to the provisions
of any regulations made by the Governor, supply water to any person at the charge to be prescribed, not being less than two shillings and sixpence per thousand gallons :
Provided, that water may be supplied at less
than that rate for charitable institutions, parks, street
watering, or other public purposes, or for agricultural
purposes, and in the case of water used by the Tire
Brigade for lire extinguishing purposes or used by a public hospital it may be supplied free of charge.
P A R T
P A I I T I I I .
T H E SUPPLY TO THE M I N E S AND TRAMWAY COMPANY.
The mines.
13. The administrator shall supply to each of the
mining companies named in Schedule One the water required by it in carrying out its business so far as the capacity of the water works and the requirements of the inhabitants of Broken Hill will permit.
Such water shall be made available at places as near as possible to the mines or works of the respective com panies.
14. Bach of the said companies shall, so long as the
administrator is able and continues to supply, take from the administrator all the water it requires to purchase for the purpose of the conduct of its business except such water as it may draw from supplies now or hereafter conserved in its own tanks or dams, or as may be ob tained as at present from sources other than Stephens Creek.
15. Until the expiration of a period of twelve months
after the definite conclusion of peace between His Majesty the King and the enemies of the realm with whom His Majesty is at present at war, each of the companies shall pay for water supplied at the rate of five shillings for each thousand gallons.
16. After the expiration of such period, and during
the three years next following such expiration, the
following provisions shall take effect:—
(a) The companies shall become liable as herein after provided to pay to the administrator a
yearly sum of not less than thirty-two thousand
pounds.
(b)
The proportions in which the companies shall be bound to contribute to the said payment, shall be arrived at as follows :—The adminis trator shall during each period of twelve months after the date when the provisions of this section take effect strike a rate sufficient to produce the sum of thirty-two thousand pounds, and such rate shall be based upon the unimproved capital value of the properties
and
and works of each company, and shall he paid by each company accordingly within three months after date of demand.
For the purpose of such rate the unimproved capital value of the properties and works of each company shall he a sum equal to twenty per centum of the annual average saleable value of the output of the properties and works of such company during the three years preceding; that in which any valuation is made, and shall he determined as such ore mineral or other derivative, or as the product itself, leaves the boundaries of the county of Yancowinna.
(c) Each of the companies shall within three months after the commencement of each such period of twelve months submit to the admini strator a statement as to the respective values of the properties or works determined as afore said, and if the companies fail to do so the administrator may appoint some person to make a valuation on the aforesaid basis, and the valuation so made shall for the purpose of the levying of any rate in accordance with this section be final and conclusive. Each company shall afford the administrator or any valuator appointed under his hand every facility, by access to books and otherwise, to make a valuation in any case in which the companies fail to agree as to the respective values of their properties and works.
(d) If any company fails from any cause in any year to pay its ratable quota of the said annual
sum of thirty-two thousand pounds, and if in the year of such failure the companies collec tively shall not have paid in respect of rates and extra water a sum of thirty-two thousand pounds, the remaining companies shall at the end of such year in proportion to the ratable value of their respective properties determined as aforesaid make good any difference between the amount actually received from the com panies during such year and the sum of thirty- two thousand pounds.
(e)
(e)
The administrator shall take legal proceedings against any company failing to pay the whole or any part of the amount payable by such company, and shall make all reasonable efforts to recover such amount, and shall not call upon any non-defaulting company to make any pay ments in increase of the payments due by it, until after judgment has been obtained in such proceedings, and reasonable efforts made to enforce the same.
(f)
Each of the companies shall he entitled to receive without further charge a volume of water equal to the amount which its con tribution would purchase at the rate of five shillings per thousand gallons, and when available water in excess of that quantity shall be supplied if required by any company, and shall be paid for at the rate of five shillings per thousand gallons.
(g)
In the event of any company paying any increased amount under paragraph (d) it shall be entitled to receive, without further charge, an increased volume of water equal in pro portion to its increased payment.
17. At the expiration of the said three years, an
account shall be made up by the Minister showing what balance (if any) of capital indebtedness remains unextinguished, and thereupon a fresh adjustment shall be made of the amounts payable by the mining com panies, under paragraphs (a) and (b) of the last preced ing section, as may be necessary having due regard to the conditions of the said section and to such represen tations as the companies may then deem it necessary to make. 18. When the capital indebtedness is extinguished,
the administrator shall continue to supply water to the mining companies at such rates (not being higher than those charged to other consumers) as shall, when added to the amounts received from such other con sumers, be sulficient to provide revenue to cover the cost of maintenance, management, and renewals.
19. I n addition to water required for mining purposes, the administrator shall supply water to the mining companies for domestic and garden purposes through meters installed, at the expense of the com panies, for measuring such supply, and the companies shall pay for water so supplied at the rate of two shillings and sixpence per thousand gallons.
The tramway company.
( 1 ) The tramway company shall, as from the
date of the commencement of this Act, he liable to pay annually to the administrator the sum of one thousand live hundred pounds by payments half-yearly in advance, and shall, so far as the capacity of the water works and the requirements of the inhabitants of Broken Hill will permit, be entitled to receive such a volume of water as would be purchased by the amount of its contribution at the rate of five shillings per thousand gallons.
(2) If water in excess of the allowance com puted in accordance with the next preceding subsection is required by the tramway company, it may, if avail able, be supplied by the administrator, and shall be paid for at the rate of tire shillings per thousand gallons.
General provisions.
From such time as meters are installed on their
premises the mining companies and the tramway company shall pay to the administrator annually, in advance, the respective sums set opposite to their
| names in the fifth column of Schedule One, by way of | rent for the use; of the meter supplied by the adminis |
| trator for the purpose of measuring the water supplied to each company: Provided that any company may purchase the meter in use by it at the valuation set out in the fourth column of Schedule One. |
. The administrator may, in respect of the recovery
of any sum due by any of the; mining companies or the tramway company under this Act, proceed for the recovery of the same as a Crown debt in any court having competent jurisdiction as to the amount of the debt ;
and
and such proceedings, if within the jurisdiction of a district Court, may he taken in any district court held in Sydney.
23. For the purposes of this Part, the enactments named in Scheuled Two, so far as they relate to water supply and as applicable to municipalities, except sec tions thirteen, fourteen, thirty-nine, sixty, sixty-one, and sixty-two of the Country Towns Water and Sewerage Act of 1880, and sections ten, eleven, and twenty-two, the whole of Part I I I , and section sixty-five of the Country Towns Water and Sewerage (Amendment) Act, 1905, shall apply to the mines, lands or properties of the mining companies, and of the tramway company, and in so applying such enactments, " the Administrator " shall be read for " the Council" or " the Council of the Municipality ".
P A R T IV. GENERAL AND SUPPLEMENTAL.
24. (1) The Governor may, by proclamation in the
Gazette, determine the amount of the cost of any works constructed under the Broken Hill (Umherumberka Creek) Water Supply Act, 1910. The amount so deter
provided) in this Act referred to as " the capital mined is (subject to any reductions made as hereinafter indebtedness." (2) All revenue received by the administrator in pursuance of this Act shall be applied primarily in meeting the following annual charges, namely:—
(a) the expenses of administration ;
(b)
the cost of the upkeep of the works, and their supervision, maintenance, repair, and renewal, including cost of wages, fuel, and stores in connection with pumping;
(c)
(c)
a sum sufficient to provide for payment of interest on the then amount of the capital indebtedness at the rate of four and one-half
per centum per a n n u m ;
and the balance shall be applied to the reduction of the capital indebtedness until such indebtedness is extinguished.
An account shall be kept of receipts and pay
ments until the capital indebtedness is extinguished, and such account shall be subject to inspection by the council of the municipality of Broken Hill, the mining companies, and the tramway company, and a statement thereof shall be forwarded annually to the; said council and to each of the said companies.
26. The Governor may make regulations for carrying into effect the provisions of this Act. Such regulations, when published in the Gazette, shall have the force of law, and shall be laid before both Houses of Parliament within seven days after publication if Par liament be then in session, or if not, then within seven days after the commencement of the next session.
27. Whoever discharges any firearm within the boundaries of the land described in Schedule Three to this Act shall be liable to a penalty not exceeding the pounds.
Any penalty imposed and any sum of money
recoverable summarily by or under this Act may be sued for and recovered before a stipendiary or police magistrate or any two justices in petty sessions.
SCHEDULES. SCHEDULES.
SCHEDULE ONE.
Name of Company. Size of Number Value of Rent per meter. in use. meter. annum. Inches. £ s. d. £ s. d.
Amalgamated Zinc (De Bavays), Limited 8 1 147 13 11 18 0 0 North Broken Hill, Limited.......... 3 1 43 0 6 5 5 0 Junction, North Broken Hill Mine (No- 4 1 61 18 9 7 10 0 Liability).
British Broken Hill Proprietary Com 8 1 147 13 11 18 0 0 pany, Limited.
Broken Hill Proprietary Block 14 Com 4 1 61 18 9 7 10 0 pany, Limited.
Broken Hill Proprietary Block 10 Com 3 1 43 0 6 5 5 0 pany, Limited.
Broken Hill Proprietary Company, 8 1 147 13 11 18 0 0 Limited.
Sulphide Corporation, Limited (Mill) ... 3 1 43 0 6 5 5 0
Do (Slimes) 6 1 118 15 3 14 10 0 Do (Power) 8 1 147 13 11 18 0 0
Broken Hill South Silver Mining Com 6 1 118 15 3 14 10 0 pany (No-Liability).
Broken Hill Junction Lead Mining Com 3 1 43 0 6 5 5 0 pany (No-Liability).
Zinc Corporation, Limited 6 1 118 15 3 14 10 0 Silver/ton Tramway Company, Limited 4 1 61 18 9 7 10 0
SCHEDULE TWO.
Country Towns Water and Sewerage Act of 1880.
Part I , section 1.—Definitions of catchment area, conduit, justice, owner,
and street, respectively. Sections 13 and 14, as amended by the Country Towns Water and Sewerage (Amendment) Act, 1905.
Part II.—The whole, subject to amendments and repeals made therein by the Country Towns Water and Sewerage (Amendment) Act, 1905.
Part V.—Sections 137, 138, and 139. Country Towns Water and Sewerage (Amendment) Act, 1905.
Part I.—-Sections 3 and 4.
Part II.—Sections 5, 6, 7, 8, 9, 10, 11, and sections 13 to 22 inclusive.Part III.—Sections 30, 31, 32, 33, 34, 35, 36, 37, and sections 39 to
49 inclusive.
Part V.—Sections 62, 64, 65, 66, 68, 69, 70.
SCHEDULE
SCHEDULE THREE.
Umheriimherl.a storage and catchment.
All Unit area or t r a c t of country embraced within a line having a radius of 5 miles from the centre of the storage dam a t Umlierumberka Creek, and lying par t ly within the parishes of Umber i imberka , Bray. J iowangaldrv, Jamieson, Carr ington, Elt i , and Mundi Mundi—al l in t he county of Yancowinna anil S ta te of New South Wales.
| And also all t h a t other area or t rac t of country | lying par t ly within |
the said parishes of Carr ington and Elt i , including the said Uinbe rumborka Creek, and a str ip of land •") chains wide a t r ight angles from each hank and parallel to t h a t creek, from the above described line of 5 miles radius, downward to the polygonum swamp, a t a post marked ;' \ fixed by the Depar tment of Lands.
0
0
0