Drainage for Mines Act 1861 (SA)

ANNO VICESIMO QUARTO ET VICESIMO QUINTO

A. D. 1861.

No. 18.

An Act fn facilitate the Drainage from Mines in Houth Austruliu.

[Assented to, 29th November, 1861.1

HEREAS great public advantage would arise from the con-

W struction of works for draining and conveying away the water

to be raised from mines in the Province of South Australia, and

it is desirable to facilitate the construction, by private enterpriee, of works for the purposes aforesaid, under proper stipulations and restrictions for the protection of the interests of the public-Be i t therefore Enacted by the Governor-in-Chief of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province in this present Parliament assembled, as follows:

I t shall be lawful for the Governor, with thc advice and consent of the Executive Council, by Proclamation in the Gove~nment Gazette, to in ,herd leasce re-	Governor may reeumr
lands comprissd with -

1.

resume possession of sich portions of any kmds demised by any quirdforpurposeof

mineral leloas granted, or to be hereafter granted, of any waste lands anb8r work8,	conatruolion of puLdio
of the Crown within the said Province which shall be required or desirable for the purpose of constructing any drainage works under the authority of this Act, saving, ne.vertheless, the rights of the lessees, if any, of the said lands, or any part or parts thereof, to the minerals under the said lands so resumed as aforesaid,

2. It shall bc lawful for the Governor, in manner aforesaid, by Goremm may pro- claim districts for pur-

Proclamation in the Government Gazette, to constitute a district or pOses	,P	Act,	,
districts for the purposes of this Act, and to define the boundaries of such district or districts, and such boundaries, from time to time, to alter or vary, and to withdraw from the operation of this Act any

3 K lands

lands cornpriwd within any mineral lease, and included in any pro- claimed district: Provided always, that the intention to constitute

a district or districts for the purposes of this Act shall be notified by

four consecutive advertisements in the Government Cnzette, accom- panied by a report from the Inspector of Mines, stating, that in his opinion, all the land proposed to be included in any such district, by its natural conformation, properly belongs to and ought to be included in such district.

may witb- 3. I t shall be lawful fcw the Governor, in manner aforesaid,

draw any lands in

proclaimed &~tricta to grant licences to any person or company for the occupation of the

from

Of Act* said hnds, the possession of which shall have been resumed as afore-

said, and of sufficient portions of waste lands of thc Crown, within

anydistrict so proclai&ed as aforesaid, for any term not exceeding

Licenc0smaybe

granted to persons or	fourteen years, for the pnrpose of constructing works for drainage,
cornpanics fur con-	as aforesaid, on and through the portions of the lands so resumed,

Of public as aforesaid, a i d on a:ld through other waste lands of the Crown

drainage works.

within the said Province,

Power to crone roads	4. It shall be lawful for any person or company to whom any licence shall have been grmted as aforesaid to enter and to construct. works for drainage ar aforesaid, on, under, over, th ro~~gh, or across
and railways.
any railway, and lands used for the purpose of any railway, and auy road, doing no unnecwssary damage thereby, and making compen-
sation for any damnge to be dofie or occasioned thereby.
Inoorporation of

a u s e 8 Act 5. The Lands Clauses Consolidation Act shall be incorporated

with, and form part of this Act.

Conditions to be h- 6. In every such licencc to bc granted, in pursun~lce of this Act,

'e*ed in licence for

protection of interest#	shall be inserted a proper description of the works to be undertaken
of publi~.	and completed, and proper clauses and stipulations for the protection
of the interests of the public, and providing that all other persons in

~h.t ow pmone

at liberty to

lead water into drains	addition to the person or company to whom the said licence shall be
on payin toll.	granted, shall be at libertv to lead water into any pnblic drainage

formaimurn works in operation, on therefor tolls, to bc calculated on

of toll ;

hddefhemethod of the following principle, that is to say, that the total amount of tolls

O.'~'tWamOntOf	in any year, including therein such tolls as would bc paid by thc
to&
person or company constructing such works if such person or company had not conshucted the same, shall not exceed such amount as shall after paying the cost of maintenance and nlanagement be sufficient to pay interest on the gross outlay not exceeding Fifteen Pounds per centurn per annum, and that each pcrenn or company
leading water into any drainage works shall pay oniy in respect of
that portion of the drainage works lying between the point of ingress
and outlet, and in proportion only to the quantity of water led by euch
person or company into such drainage works.

Q be 7. Every licence to be granted in pursuaQce of this Act shall be

beredwithcons*u-

tive numbere, and

numbered with a consecntive number, and as soon as the works

stipulated to be executed by the said licence shall be completed and

ready

ready for operation a Proclamation shall be published as aforesaid	shall be proclaimed
as
Works, " Public No. Drainage ."
of t,he particular number of each work, and thereupon the said work

slid1 be called " Y~~blic Drainage Work-No. [ 1."

8. The last-mentioned Proclamation shall spccify the area from the lands comprised within which it is intended that the watcr shall	Proclamation to specify Nos. o f lcasas
required to drain inta
be drained into the public drainage work specified in the said	prodaimed work.

Proclamation: Provided that any of the lands aforesaid within Proviso that any of the said lands may

the said area may be vitlrdrawn from the operation of the said	be withdrawn from
last-mentioned Proclamation by a Proclamation published as afore-	mation; operation by proola-
said: Ard provided also, that nothing in this Act contained shall	And licence may be

-j)re~ent the said Governor, with thc advice and consent of the said granted to leeseo of lands so withdrawn

Executive Council, granting n licence to the lessee of the lands so	for construction of
withdrawn as last aforcsald, for the construction of illdependent	independent publio
public drainagc works for the lands so withclrawil as last aforesaid.	drainage works.
Penalty on persons
9. If any person, after such public drainagc work shall haw been proclaimed as last aforesaid, and aftcr one calendar month's notice	allowing water to
flow on to, or to
in writing shall haw bccn given to him that such drainage work	remain on, surface.
has been cornl~letcd, shall permit or suffer any water pumped or raised from any lands comprised in thc area ~efbrred to in the said last mtmtioned Proclamation, to flow into, over, along, or across, or to yenlain on aim lands mentioned or comprised in the said last L incntioned ~roclihntion, so as to impede or injure the working of neighboring mincs, such pcrson shall forfey and pay to the persons who shall have agreed to make Qlc said public drainage wo~k, a penalty or sun1 of Five Pounds ycr day for each a d every day the said water
shall be allowed to ilow 'on to, over, along, or across, or to remain on
the said last mentioned 'Iancls, such penalty to be rccovcred by actica at law as and for liqnidatcd &=ages: Provided, nevertheless, that such penalty shall be in addition to any actual damage which may be caused or arise in consequence of the said water having been allowed to flow on to, oven, along, or across, or to remain on the said last mentioned lands or any of them.

10. If any person shall wilfully and mrtliciously remove, destroy, Pmdt for damags

o~ damagc any rails, sleepers, fennccs, cmbankinents, drains, culverts, to pubic drainage

carriages, timber, matters, or things, of, or belonging to, or connected with any such public drainage works, as aforesad, whether con- structed or erected, or in process of constructim~ or erection, and every person who shall wilfully or carelessly brcak, injure, or open any lock, cock, valve, pipe, work, or enginc, belonging to such public drainagc works, as aforcsai(1, or ~71iill do any other wilful act whereby such public drainage works, or any part thereof, inay be dan~aged or injured, or whereby the water may be hindered from flowing freely tlwough such public drainage wod, shall be guilty of a misdemeanor, and being convicted thereof, shall be subject to be imprisoned, with or without hard labor, for any period not cxceecting twelve calendar months.

any tenure ; the word	Lease " shall include agreements for leasea
and claims for leaws.

short title, 12. This Act may be cited aa "The Drainage from Mines Act,

1861," m

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

this Act.

RICHARD GRAVES MACDONNELL,

Governor.

Government House, Adelaide,

29th November, 1861.