Coolgardie Goldfields Water Supply Construction Act 1898 (WA)

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ANN() SEXAGESI1010 SEC-UNDO

VICTORIA, REGINA].

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No. XIX.

AN ACT to authorise the Construction of Works for the supply of Water to the Cool- gardie Goldfields.

[Assented to, 28th October, 1g9 e.]

Legislative Assembly of Western Australia, in this present Parlia- BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and

ment assembled, and by the authority of the same, as follows:-

1.     THIS Act may be cited as the Coolgardie Goldfields Water

Supply Construction Act, 1898. Short title.

2.      THE Director of Public Works may, out of any moneys

voted by Parliament for the purpose, construct and maintain such atirLit, o lta lo,,,srtemt

reservoirs, water works, pipes, aqueducts, and all other works as may voirs, etc.

be found necessary for the purpose of providing a Water Supply to

the Coolgardie Goldfields.

3.      THE Director of Public Works may for such purpose from

time to time divert, i ntercept, and store all or any of the water iPn°tIevrectepti,° andilivsetrt'

coming from the rivers, watercourses, streams, and other sources water within cajelries

within the area of land described in the plan deposited in the Office merit area.

62° VICTORI2E, No. 19.

Coolgardie Goldfields Water Supply.

of the Director of Public Works, and coloured pink, and marked " Plan of the Catchment Area of the Coolgardie Goldfields Water Supply" W.A., 6535), hereinafter referred to as the catchment area ; and alter the course of any such river, watercourse, or stream, and may take any water found on or under the said land.

4.      ALL Crown lands, saving and excepting all existing poison

Unalienated land

within catchment	or timber leases, within the area delineated in the plan referred
area, to vest in
Director of Public	to in section three, and the fee simple and inheritance thereof.
Works.	together with all rights or easements in or over the same, shall, immediately on the passing of tins Act, become vested in the Director of Public Works, for and on behalf of Her Majesty, for tile purposes of this Act.

5.     THE Governor in Council may take any alienated lands

Power to take lands

under Lands Re. which may be required for the said purpose, under the powers con-

sumption Act, 1894. tanned in the Lands Resumption Act, 1894, Or any amendment

thereof.

Powers of Local 6. THE Director of Public Works shall have all the power and

Board of Health. authority of a Local Board of Health, for the purpose of making and enforcing By-laws for preventing pollution of the waters within the catchment area.

Powers of Director 7. FOR the purpose of constructing the works authorised by

of Public Works.

tins Act, or extending or maintaining the same, the Director of

Public Works may :—

(1 .) Open and break up the soil and pavement of any road or

street ;

(2.) Lay down, and place in, on, or under any road, street, or thoroughfare, or on private land, pipes, conduits, service pipes, and other fittings, and from time to time repair, alter, or move any of them ;

(3.) For the purposes aforesaid remove or use any earth or

other materials ; and

(4.) Do any other acts which the Director of Public Works from time to time may deem expedient for constructing and maintaining the works.

Compensation, ho	8. COMPENSATION shall be paid to any person for all damage that may be sustained by him, by reason of the execution of the works, or the exercise of the powers authorised or conferred by this Act, and such compensation, unless settled by agreement. shall be assessed by three Judges of the Supreme Court, sitting without a
determined.

62° VICTORI1E, No. 19.

Coolgardie Goldfields Water Supply.

jury, in the full Court, with the same power to receive evidence upon oath, and to hear and decide such claim for compensation, as a Judge of the Supreme Court, sitting without a jury, in Civil cases, at

vise pries, and, subject to such mode of assessment, any such claim

for compensation may be brought as a claim against the Crown in accordance with the law for the time being relating to suits against the Crown.

9. A COPY of the plan referred to in section three shall be Copy plan to be

signed by the Clerk of the Parliaments for the purpose of identi-	signed by Cleric of
fication, and shall be lodged by him for record and public inspection,	posited in SniffemeParliaments, and de-
free of charge, at the Office of the Supreme Court ; and such copy	Court.
shall be thereafter admitted in all Courts of Law and elsewhere as evidence of the boundaries of the said catchment area ; and the original of such plan deposited in the Office of the Director of Public Works shall also be available for public inspection, free of charge, at all reasonable times.

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Governor's Deputy.

By Authority : A. CEaris, Acting Government Printer, Perth.