Drainage from Mines Act 1865 (SA)

ANNO VICESIMO OC'TAVO ET VICESIMO NON0

8 An Act to facilitate the Drailage from ilfitzes in South Australia.

[Assented to, 4th August, 1865.1

HEREAS it is desirable to gmnt f\lrtlrer inducement for any Preamble.

person or corrrpany to coi~struct works of drainage under the powers and provisions contained in " The Drainage froin Mines Act, 1861," and for that purpose to alnend tllc aforesaid Act-Be

it therefore Enacted by the Governor-in-Chief of the Province of'

South Australia, with the ad17ice and coiiseut of tllc T,egislative

Council and House of Rsscrubly of the said Province, in this present

nz

Parliament assembled, as fbllows:

1, Amendment of third

1. The third section of 'L The Drainyge from Mines Act, 1861, ,,,

shall be read and shall take eEect as if. the words " for ally term Drainage from Mines

not exceeding twenty-eight years" liad been substituted for the Act, 1861."

words f i r any term not exceeding fonrteeii years" prior to the

passing of the said Act.

2. The sixth section of " The Drainage from Mines Act, l86 1," ~ ~ ~ ~ ~ ~ !, ' ? $ ~ ~ h

shall be read and sllall take effect aSif the words Twenty-five Pounds pcr centum per annum " had bcen substituted Act, 1861.'' not exceeding Drains. from Minw

for the words "not exceeding Fifteen Pounds per centum per annum," prior to tlic passing of the said Act: Provided always, that in no case shall any individual person or company leadinq water into the said public drainage works mentioned in the &id Act,

be liable to pay any greater amount or sum for such tolls than shall,

after paying the cost of maintenance and management, be sufficient

t 0

34 - 28" & 29TICTORTB, No. 11.

Drainage ,from Milzes Act. Antendment Act.-1 865.

to pay interest on the gross outlay, not exceeding Fifteen Pounds per centum per annum: Provided also, that in every such licence

"1

to be granted in pursuance of the aforesaid Act, and of this Act, there shall be inserted a clause providiug that the said licence shall determine and cease whenever the person or company to whom the said licence shall have been, granted, or who shall have become entitled thereto, shall have been reimbursed from the said tolls all

the principal money* which may haye been expended in constructing

the said drainage works, together with intcrcst tllereon after the

rate of Ten Pounds per ccntum per snlzum.

The Inspector of	3. If	the parties shall be unable to enter into an agreement for
Mines to fix and de-

termineamounttobe the purpose, the In~pector of Mines for the time being shall fix

paid for tob. and determine the amount or sum to be paid for tolls under the

* provi~ions contained in " The Drainage fr6m Mines Act, l86 1 ," and this Act, by m y person or company leadirig water into such public drainage works as aforesaid, and the certificate of the In- spector of Mines for the time being that he has fixed and deter- mined the amount or sum to be paid for the said tolls, shall be conclusive evidence as to the said* amount or sum to he paid or recoverable by and from any such person or company as aforesaid for the said tolls, in any action at law to be brought for recovery of the said tolls.

R w a l ~ ~ f n i n t h ~ e o t i 4. The ninth section of The Drainage from Miiics Act, 1861 ,"

of Act No. l 8 of 1861.

is hereby repealed.

Penalty on permm

allowing water to flow 5. If any person after such public drainage work s l d l have been proclaimed, as provided for in The Drainage ffrm Mines Act,

,	on to, or to remain on
aurfaco. l86 1," and after one calendar month's uotice in writing shall have been

given to him that such drainage works have been conlpleted, shall permit or suffcr any water pumped or raised from any lands coni-

priscd in the area referred to in the said Proclamation mentioned in	thc aforcsaiid Act, to flow into, over, along, or across, or to remain
on any lands mentioned or comprised in the said fioclamation, so
as in the judgmcnt of the said Inspector of Mines for the time bcing,
after inspection tliewof, to impede or injure the worlcing of neighboring mines, such person shall forfeit and pay to the persons who shall lime agreed to inake the said public drainage work, a penalty or sum of Five Pounds per day for each and every day the said water shall be allowed to flow on, to, over, along, or across, or to remain on the said last-mentioned lands, such penalty to be recovered bv action a t law as and for liquidated damages: Pro- vided neveriheless, 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, over, along, or across, or to remain on the said last-mentioned lands, or any of
them."

6. This

28" & 29" VICTORIE, No, 11.

7

Drainage ,from Mines Act Ameadment Act.-1 865.

6. This Act and " The Drainage from Mines Act, 1861," shall she* tide*

he construed as one Act, and way be cited as '' The Drainage from

Mines Acts, 1861 and 1865."

In the name and on behalf of the Queen I hereby ~tssent to

this Act.

D. DALY, Governor,

-

Addaide : Printed by authority, by W. C. CO%, Government Printer, Victoria-aquare.