Country Towns Water Supply, Sewerage and Drainage (Reduction of Debts) Act 1934 (NSW)

COUNTRY TOWNS WATER SUPPLY, SEWERAGE AND

DRAINAGE (REDUCTION OF

DEBTS) ACT.
Act No. 58, 1934.

An Act to reduce the rate of interest payable by the councils of certain municipalities and shires upon debts owing in respect of works of water supply, sewerage and drain- age ; to reduce certain of such debts; to suspend payment of certain sums due or becoming due to the Colonial Treasurer in respect of certain of such works; to alter the period fixed for the repayment of certain other sums; to amend the Local Govern- ment Act, 1919, the Junee Water Supply Administration Acts, 1915-1927, and certain other Acts in certain respects; and for pur- poses connected therewith. [Assented to, 31st December, 1934.] BE

BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South by and with the advice and consent of the Legis­

Wales in Parliament assembled, and by the authority of

the same, as follows :—

1 . (1) This Act may be cited as the " Country Towns

Water Supply, Sewerage and Drainage (Reduction of
Debts) Act, 1934."

(2) This Act, with the exception of section six, shall be deemed to have commenced upon the first day of January, one thousand nine hundred and thirty-four.

2. (1) The debt to the Colonial Treasurer of the coun­ cils of the respective municipalities and shires named in the first column of the First Schedule in respect of the works constructed by the Minister for Public Works which are specified in the second column thereof is hereby declared to he the sum stated in the third column thereof. Such sum shall be the amount of the debt chargeable upon the revenues of the said councils respectively in respect of such part of the said works as is completed at the com­ mencement of this Act, and shall for all purposes be deemed to be a capital debt notified by the Governor in terms of section three hundred and seventy-four of the Local Government Act, 1919.

(2) The respective periods for the repayment of the said debts shall be the periods stated in the fourth column of the First Schedule, and the sums payable half- yearly by the said councils respectively in liquidation of the said debts shall be the sums stated in the fifth column

thereof.

(3) The liability, if any, of each of the said coun­ cils to the Colonial Treasurer in respect of the capital debt upon such part of the said works referred to in the First Schedule as is completed at the commencement of this Act, other than as stated in subsection one of this section, is hereby extinguished: Provided that this sub­ section shall not be construed so as to relieve a council

of any liability to the Colonial Treasurer in respect of

such arrears in instalments of repayment of a capital debt as were due and owing for interest at such commence­

ment. (4)

( 4 ) For the purposes of this section the works known as Number 2 Bore, Municipality of Coonamble, shall be deemed to be works constructed by the Minister for Public Works and to be included in the second column of the First Schedule as works of water supply—Muni­ cipality of Coonamble.

3 . (1) The liability, if any, to the Colonial Treasurer of each of the councils of the respective municipalities and shires named in the first column of the Second Schedule in respect of arrears in instalments of repayment of the capital debt upon the works constructed by the Minister for Public Works which are specified in the second column

thereof, is hereby reduced by the amount mentioned in

the third column thereof.

(2) During the respective periods mentioned in the fourth column of the Second Schedule the half- yearly instalments payable to the Colonial Treasurer by each of the said councils in respect of the said capital debts shall be reduced during the year one thousand nine hundred and thirty-four by the respective sums, if any, mentioned in the fifth column thereof, and thereafter during each year by the respective sums, if any, men­ tioned in the sixth column thereof.

(3) The Colonial Treasurer may, after the expira­ tion of the respective periods mentioned in the fourth column of the Second Schedule, recommend to the Gover­ nor a further suspension of liability of a council in respect of a capital debt or portion thereof during such period (not exceeding the period mentioned in the fourth column of the Second Schedule and applicable to such council),

fit, and upon approval thereof by the Governor and	and subject to such terms and conditions as he may think
notification in the Gazette the said liability of the council shall be suspended accordingly.
( 4 ) After the expiration of the respective periods mentioned in the fourth column of the Second Schedule each council shall pay to the Colonial Treasurer at the times and in the manner fixed by him the total amount by which the half-yearly instalments referred to in sub­ section two of this section payable by the council shall have been reduced as provided in that subsection.

This

This subsection shall not extend to the councils of the municipalities of Cobar or Peak Hill, or the council of the shire of Berrigan.

Junee Water Supply.

4. (1) The Junee Water Supply Administration Acts, 1915-1927, are amended as follows:—

(a) by omitting the proviso to section seven;

(b) (i) by omitting subsection one of section eight

and by inserting in lieu thereof the follow­
ing new subsection:

(1) The Governor may from time to time by regulation fix the price per thousand gallons to be paid by the council, and the price per thousand gallons to he paid by the Commissioners for water supplied by the Administrator under the provisions of this Act.

(ii)  by inserting after subsection two of section eight the following new subsection—

(3) Notwithstanding the provisions of this section the council shall each year pay to the Administrator a minimum sum of three thousand three hundred and seventy- five pounds irrespective of the quantity of water supplied.

(c) by inserting after subsection two of section

twelve the following new subsection:—

(3) There shall be added to such capital cost the sum of two hundred and ninety-four pounds and sixpence (being the cost of certain works of water supply constructed by the Minister for Public Works on behalf of the council) and the amount as certified by the Minister expended by him upon the renewal repair or extension of any portion of the works between the date of commencement of this Act and the thirtieth day of December, one thousand nine hundred and

thirty-five,

thirty-five, or such later date as may be ap­ proved by the Governor, including interest cal­ culated in accordance with subsection two of this section.

(d) (i) by inserting in paragraph (b) of subsection one of section thirteen after the word " t w o ' ' the words "and three."

(ii)   by omitting subsection (1A) of section thir­ teen.

(2) The Junee Water Supply Administration Acts, 1915-1927, as amended by this section may be cited as the Junee Water Supply Administration Act, 1915-1934.

5. (1) As soon as may be after the date upon which His Majesty's assent to this Act is signified the Minister for Public Works shall certify to the Governor the amount which in his opinion should be accepted from the council of the municipality of Junee in full settlement of any sums due and owing to the Administrator of the Junee Water Supply by the said council in respect of the supply of water by the Administrator, having regard to—

(1) the amounts owing to the said council for rates, charges and fees made, levied or imposed under the Local Government Act, 1919, in respect of the supply of water;

(ii)  the amounts held in the bank or otherwise by or on behalf of the said council to the credit of the Water Supply Local Kate Fund;

(iii) the amounts payable out of the said fund to creditors of the said council;

(iv)  the proportion of the said rates charges and fees which in the said Minister's opinion will prove irrecoverable; and

(v)   any other matters which the said Minister may consider relevant.

(2) If the certificate is approved by the Governor, the said council shall pay to the Administrator at such times and in such manner as the Administrator may determine the amount so certified.

( 3 )

(3) Upon payment as aforesaid by the said council of the amount so approved, the liability of the said council to the Administrator in respect of the debt referred to in subsection one of this section shall be deemed to be extinguished.

6. (1) In any case where the rate of interest deter­ mined under paragraph (d) of subsection eight of section three hundred and seventy-four of the Local Government Act, 1919, for tins purposes of paragraph (c) of subsec­ tion seven of that section exceeds three and one-half per centum, the instalment payable by the council shall be the amount which would be payable if the rate of interest were three and one-half per centum.

(2) This section shall apply, mutatis mutandis, to rates of interest determined before or to be determined after the commencement of this Act.
(3) The Broken Hill Water Supply Administration Act, 1915, is amended by omitting from paragraph (c) of subsection two of section twenty-four the word " f o u r " and inserting in lieu thereof the words " three and one-
half."

(4) This section shall commence on the first day

of January, one thousand nine hundred and thirty-five.

7 . In any case where the period fixed for the repay­ ment of the capital debt of a council coincides with the average life of the works as estimated by the Minister for Public Works, he may authorise the council to dis­ continue payments to the renewal fund referred to in

section three hundred and eighty-eight of the Local

Government Act, 1919.

SCHEDULES

S C H E D U L E S .

FIRST S C H E D U L E .

Fourth

First Column, Second Column. Third Column. Fifth Column.

Column.

Feriod of

Repayment Half-yearly

Municipality or Works. Debt. from Sums

Shire. 1st January Payable.

1934.

£ s. d . Years. £ s. d .

Ballina	Water Supply (1) ...	12,222 13 11	23	389 12 8
Ballina	17,569 13 11	14J	804 6 3

(2) ...

Bathurst 63,743 11 10 40 1,603 16 8

(3) ...

Berrigan	(4) ...	17,425 18 0	41	434 2 0
Berrigan	(5) ...	14,996 14 7	36	293 3 9
Blayney	13,180 6 0	30	301 12 4
Bourke	22,910 7 5	50	504 17 11

Bowral	(6) ...	Nil.	Nil.
Casino	23,057 3 11	31	000 5 4

(7) ...

Coonamble 14,809 19 9 J7 590 3 4

Corowa	(8) ...	30,307 17 0	39	770 12 0
Deniliquin	19,105 14 5	30	538 7 10
Erina	(9) ...	18.801 17 6	461/2	446 17 11

Glen Innes	00,038 16 3	40	1,510 12 5
Grenfell	30,806 11 2	50	854 0 3

Junee Nil. Nil.

Moree	26,975 19 0	38	676 2 11
Narromine	24,395 6 0	46	582 0 9

Nowra	(10) ...	11,006 0 11	19	430 4 0
Picton	15,738 13 11	40	367 2 1
Singleton	(11) ...	28,974 2 5	39	736 13 11
Tenter-field	44,000 0 0	50	1,020 18 5
Warren	5,434 3 5	25	163 19 5
Wentworth	5,033 7 0	40	117 7 8

Wilcannia ... (12) ... Nil. Nil.

Forbes	Sewerage	30,526 5 2	471/2	861 17 6
Hay	11,830 0 0	73	225 0 0

(1) Works referred to in Gazette No. 29, dated 1st March, 1929.

(2) Works referred to in Gazette No. 79, dated 22nd June, 1928.

(3) All works other than those referred to in Gazette No. 210, dated

22nd December, 1933.

(4) Works in respect of Berrigan Water Supply.
(5) Works in respect of Tocumwal Water Supply.
(0) Works referred to in Gazette No. 184, dated 19th December, 1930.
(7) Works referred to in Gazette No. 119, dated 0th September, 1929.
(8) Works referred to in Gazette No. 33, dated 8th March, 1929.
(9) Works in respect of Wyong Water Supply.
(10) Works referred to in Gazette No. 72, dated 1st June, 1928.
(11) Works referred to in Gazette No. 92, dated 17th July, 1931.

(12) Works referred to in Gazette No. 210, dated 22nd December, 1033

S E C O N D

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

Fourth Fifth Sixth

first Column.	Second Column.	Third Column.	Column.	Column.	Column.
Period of	Half-yearly
Amount by	Reduction	Half-yearly	Amount of

of Amount of Reduction

Municipality or which Arrears

Works. Payment? Reduction during

Shire. in Instalment from during. 1935

Reduced. 1 Jan., 1934. and

1934.   thereafter.

£ s. d. Years. £ s. d. S s. d.

Berrigan Water 320 17 3 10 221 11 9 189 6 4

Supply (1).

Brewarrina ...	1,702 9 1	3	70 0 0	70 0 0
Cobar	13,724 19 3	3	227 7 8	226 4 9

Culcairn 942 10 5

Erina (2) 3 75 0 0 75 0 0-

Glen Innes ...	1,926 14 8
Grenfell	1,946 3 9

Lachlan 3 150 0 0 150 0 0

" (3)

Lithgow 3 250 0 0 250 0 0

Moama 233 9 10

Molong	2,497 15 5	4	300 0 0	300 0 0
Orange	5	886 0 10	840 0 9
Peak Hill	2,100 4 6
Singleton	i	806 1 7
Tenterfield ...	1,992 11 1

Warren	570 12 10
Wentworth ...	888 10 6
Wilcannia	331 9 0

Hay	Sewerage	661 6 2
Lithgow	5	500 0 0 500 0 0

(1) Works in respect of Berrigan Water Supply.
(2) Works in respect of Wyong Water Supply.

(3) Works in respect of Cargellico Water Supply.

CHARITABLE