No. XIX.
An Act to amend such of the provisions of the Country Towns Water and Sewerage Act of 1880, the Country Towns Water and Sewerage Act Extension Act of 1887, and the Hunter District Water Supply and Sewerage Act of 1892, as deal with the repayment of the cost of works of Water Supply and Sewerage, and to extend the period of such repayment; to empower the Board established under the said Hunter District Water Supply and Sewerage Act of 1892 to connect premises with the water- mains and the sewers under their control and to recover the expenses of such con nections ; to provide for the carrying out of such connections by the said Board on deferred payments, and to make other provisions subsidiary to or in connection with the objects aforesaid. [8th May, 1894.]
| BE it enacted by the Queen's Most Excellent Majesty, by and | Legislative Assembly of New South Wales in Parliament assembled, with the advice and consent of the Legislative Council and and by the authority of the same, as follows :— |
| 1. This Act may be cited as the " Country Towns and Hunter District Water Supply and Sewerage Acts Amendment Act of 1894." I ts enactments are arranged under two Parts, embracing the following subjects, viz.:— |
| visions for recovery of expenses thereof—ss. 4-6. |
| PART I . — New system of repaying cost of Country Towns | Water |
and Sewerage Works—Amendment of subsections of section one hundred and twenty-five of Country Towns Water and
| Sewerage | Act | 0 /1880—ss . 2-3 . |
PART II .—Repeal of subsection (v) of section one hundred and twenty-nine of Hunter District Water Supply and Sewerage Act of 1802, and further enactment as to same—Poicer to Hunter District Water Supply and, Sewerage Board to make connections to water-mains on deferred payments, and pro
2. Subsections (I) and (II) of section one hund red and twen ty - five of t h e Coun t ry Towns W a t e r and Sewerage A c t of 1880 (forty- four th Victor ia n u m b e r fourteen) are hereby repealed, and in l ieu thereof t h e following subsections marked respectively (I) and (II) shal l be deemed to be subs t i tu ted in t he place of t he subsections so repealed, and t h e said section one hund red and twenty-five, as hereby amended, shal l be appl icable as well to all works a l ready completed and t aken over by t h e Counci l of any Borough or Munic ipa l Distr ic t as to any
| works hereafter | to be completed and t a k e n over by such C o u n c i l : — |
" (I) T h e cost of ca r ry ing out any such works shall bo repaid to t he Colonial Treasurer , and all r epayment s of such cost shall be by h i m carried to a L o a n T rus t Fund , a n d all p a y m e n t s of in te res t on such cost shall be by h i m carr ied to the Con solidated R e v e n u e F u n d ; a n d the r epaymen t of such cost w i th in teres t shal l be made in m a n n e r following : The whole amoun t , subject to such par t ia l remission as t h e Governor m a y t h i n k j u s t unde r any special c i rcumstances expended upon any such works, toge ther wi th in teres t a t the rate; of th ree and a half per c e n t u m per a n n u m on t h e sums m a k i n g u p such a m o u n t calculated from the t i m e such sums were expended, shall be certified as soon as pract icable unde r the h a n d of the Minis te r for Pub l i c W o r k s , and the to ta l a m o u n t so certified shal l upon t h e notification of. such certificate in t h e Gazette become and be a debt charged upon t h e revenues from whatever sources derived of such Borough or Munic ipa l
| Distr ic t u n t i l defrayed as hereinaf ter | provided. |
" (II) As soon as possible after the Minis te r for Pub l ic W o r k s has certified t h e to ta l a m o u n t as aforesaid, the Governor shal l in each case fix a period, no t exceeding one hundred years, w i th in which such a m o u n t shal l be l iquida ted by the pay m e n t of such a n n u a l sums as shall after t he last of such p a y m e n t s ex t inguish t he whole a m o u n t of such cost w i th in teres t a t t h e ra te of th ree and a half per c e n t u m per a n n u m on t h e balance unpa id in each y e a r ; and in fixing such period t h e Governor m a y take in to considerat ion t h e n a t u r e
| and durabi l i ty of t h e works ; and such period w h e n so | fixed |
| shall be fo r thwi th notified in t h e Gazette. | The said | Minis te r |
| shal l certify t h e a m o u n t | of | t he annua l sums | so payable | by |
| t h e Borough or and shall cause not ice of t h e same to be publ ished in t h e Munic ipa l Dis t r ic t to be charged the rewi th , | Gazette, and also to be sent by post to t h e Council Clerk |
| of the said Borough or Munic ipa l Distr ict . A n d t h e said |
| Borough or Munic ipa l | Dis t r ic t shal l pay to t he Colonial | |
| Treasurer the annua l sums so certified. A n d the first of such paymen t s shall be made wi th in one year from the date of t he notification in t he Gazette of such las t -ment ioned certificate, and each subsequent paymen t a t or before t he end of one year from the expira t ion of t he t ime l imited for m a k i n g t h e last preceding paymen t . A n d a t t h e end of t h e period so fixed and notified as aforesaid, and after t he last p a y m e n t has been made, t he revenues of t h e said Borough or Munic ipa l Dis t r ic t , from whatever sources derived, shal l be discharged from any fur ther paymen t s in respect thereof." |
3. Subsect ion (IV) of t he said last cited section is he reby amended by inser t ing after t he word " the reo f" in t he first l ine, the word " s h a l l " ; and subsect ion (VII) of t he said section is hereby amended by omi t t ing after t he word " Treasurer" the words " to be
| by h im carried to t h e Consolidated Revenue | B u n d . " |
| Repeal | of subsection | (v) of section one hundred | and twenty-nine | of |
| Hunter | District | Water | Supply | and Sewerage | Act | of 1892, and |
| farther | enactment | as to same—Power | to Hunter | District | Water |
| Supply and Sewerage Board to make connections | to | water-maim |
| on | deferred | payments, | and | provisions | for | recovery | of | expenses |
thereof.
4. Subsection (v) of section one hund red and twen ty -n ine of t h e H u n t e r Dis t r ic t W a t e r Supply a n d Sewerage A c t of 1892 is hereby repealed, and in l ieu thereof t h e following subsect ion shall be deemed to be subs t i tu ted in t h e place of t h e subsection so repealed, viz. :—
" (v) A s soon as possible after every such certification as last aforesaid by t h e Minis ter , t h e Governor, by notification to be publ i shed in t he Gazette, and h a v i n g regard, to t h e n a t u r e and durab i l i ty of t h e said works , shall fix a period not exceeding one h u n d r e d years , w i th in which the a m o u n t so certified shal l be repaid, and shall prescribe t h e a n n u a l sums to be repaid, so t h a t t h e to ta l a m o u n t so certified may be paid off a t t h e end of t h e per iod so fixed, w i th in teres t du r ing t h e said period on t h e balance unpa id in each year a t t h e ra te of t h ree and
| a-half | per | c e n t u m | per | a n n u m . " |
| 5. | (I) | W h e r e any person shall become liable, u n d e r t he | H u n t e r |
Dis t r ic t W a t e r Supp ly and Sewerage Ac t of 1892, or shall be requi red by t h e Board established u n d e r t h e said Ac t to do a n y work or m a k e
| a n y repairs or a l tera t ions in connect ion wi th water supply, | sewerage, |
| or dra inage , or t h e ven t i l a t ing of | or to any house, t enemen t , or lands , |
such person m a y m a k e appl icat ion in wr i t ing to t h e said Board for such works to be carried ou t unde r the direct ion of t he said Board on a sys tem of deferred paymen t , and the reupon i t shall b e lawful for t he said Board, subject to t he approval of t h e Minis ter , to en te r in to an ag reemen t w i th t he appl icant for t he doing of such works unde r t h e direct ion of the said Board a t a price or sum, and upon t e rms to be there in named or referred to , and for t h e p a y m e n t of such price or s u m by the appl icant in not more t h a n twelve quar te r ly ins ta lmen t s from the complet ion of the works , and interes t at t he ra te of live per c e n t u m per a n n u m on the a m o u n t remain ing to be paid shall be added
| (II) | Upon the execut ion of such ag reemen t by the appl icant , |
the said Board shall cause t he works aforesaid to be carried out , a n d
| u p o n comple t ion they shall for thwith give not ice in wr i t i ng to t h e |
appl ican t of such complet ion, and of t he quar te r ly days on which
| t h e ins ta lments of p a y m e n t | will respectively fall due. |
(III) Al l moneys which may hereafter become due to t h e said Board for t h e cost or expenses of a n y work carried out by t h e m u n d e r this section shall be a n d r ema in a first charge upon t h e proper ty in respect of which such moneys a re payable un t i l full p a y m e n t thereof.
| 6. After t he period so fixed and w h e n t h e whole debt | incur red |
has been discharged, t h e whole of t h e works and lands transferred a n d acquired by the Borough, Mun ic ipa l Council , or Board shall be conveyed a n d become the absolute proper ty of such Borough, Distr ic t , or Board in Trus t for t h e wa te r ra tepayers of such distr ict .
7. The provisions of sections two and th ree of th is Ac t shal l be read wi th and form p a r t of t he Count ry Towns W a t e r and Sewerage A c t of 1880, a n d the provisions of sections four and five shall be read wi th and form par t of t h e H u n t e r Dis t r ic t W a t e r Supply and Sewerage A c t of 1892.