Fremantle Water Supply Act 1893 (WA)

WESTERN AUSTRALIA

ANNO QIIINQUAGESIMO SEPTIMO

VICTORIZE REGIN.E

No. 24

An Act to enable the Director of Public Works to exer- cise the powers of the Council of a Municipality, with respect to certain Waterworks within the Munici- pality of Fremantle. [Assented to 13th October,1893.

Preamble

IBREAS the Government have constructed certain Water-

works at Fremantle, and have for some time past maintained

the same, and supplied the Municipality of Fremantle with water ; and

whereas it is desirable that the Director of Public Works should

have, exercise, and enjoy all the necessary rights, powers, benefits,

and privileges vested in, granted to, and exercisable by a Municipal

Council under ' The Waterworks Act, 1889 ' : Be it enacted by the

Queen's Most Excellent Majesty, by and with the advice and consent

of the Legislative Council and Legislative Assembly of Western

Australia, in this present Parliament assembled, and by the authority

of the same, as follows :—

Shot tie

1. This Act may be cited for all purposes as ' The Fremantle Water Supply Act, 1893.'

Director of

Public works

2. The Director of Public Works shall, within the Municipality of in and exercisable by the Council of a Municipality under Parts IL and III. of ' The Waterworks Act, 1889,' except the power, right, or privilege to take land permanently.

to have certain

Fremantle, have all the rights, powers, benefits, and privileges vested

110\VCCS

Duties, penalties, 3. All the provisions of Parts II. and III. of ' The Waterworks

No.1.3, te be&a., of 53 Vie., Act, 1889,' imposing any duty, obligation, restriction, or penalty upon

this Act imposed under any person other than a Council or a contractor under the said Act,

57 VICTORLE. No. 24

The Fremantle Water Supply Act, 1893

shall have the same force and effect as if such provisions were incor- porated and fully set forth in this Act ; and the word Council in all such provisions, shall be deemed to include the Director of Public Works.

4. Any act or thing which, under Parts IL and III. of The Act done with

Waterworks Act, 1889,' may be done by any person acting with the ntiliMktimea

authority of the Council of a Municipality, may be done by any person tobe d omewith

acting with the authority of the Director of Public Works.	authority of
Director of

5. All meters for measuring the amount of water supplied under I;tbli itrteolVoirks

this Act shall be provided by the Director of Public Works and by no PL Works to ol

other person, and such meters shall be fixed, refixed, opened, removed, 5uppiy meters

altered, repaired, and interfered with by the persons so authorised by

the Director of Public Works and none other.

6. No meters, instruments, pipes, or apparatus for the conveyance, Meters let by

reception, or storage of water, let for hire to any consumer of water VItriCtics

by the Director of Public Works, shall be subject to distress for rent of not distrainable

the premises where the same are used, or be attached or taken in

execution under any process of any Court of Law, or under or in pur-

suance of any order in bankruptcy or other legal proceedings against

or affecting the consumer of water or the occupier of the premises or

other person in whose possession the meters, pipes, instruments, or

apparatus are.

7. No pipe or fitting attached to or connected with any of the pipes No pipes, .he.,

of the Director of Public Works shall be seized or taken in execution C,rjleec	tir to
by process of law or under distress for rent.

8. The Director of Public Works may charge a sum, not exceeding Power to charge

one shilling in the pound in any one year, upon the annual rateable for water

value of all lands and premises liable to the general rate, as shown by

the rate-book compiled by the Council of the Municipality of Fre-

mantle for the purposes of the general rate under the Act or Acts for

the time beino- regulating the municipal government of Fremantle, for

the supply of any such lands and premises with water for domestic	b
purposes.

9. For levying and recovering the amount due in respect of such Powers of Three. supply, or for water supplied by measure, the Director of Public Works, .70';?kraPto"bilttovar. or any person authorised by him, shall have all the powers of the money for water Council of the Municipality of Fremantle for the levying and recovering suPP'l

the amount due in respect of the general rate under the Act or Acts for the time being regulating the municipal government of Fremantle.

10. The clerk of the Municipality of Fremantle shall, in every year, Directorof Public

allow the Director of Public Works to take a copy of the rate-book of levo°,,,tosirkrt'at

such Municipality. rate-book

11. All informations and proceedings in respect of offences against Offences punish- this Act, or any by-law made hereunder, shall be summarily punishable 2,1,=0',',rnmai7 upon conviction before a Justice or Justices of the Peace in Petty

Sessions.

12. All forfeitures, damages, and expenses, and other stuns of Damages, &e.,

money by this Act made payable to or recoverable by the Director of "Z",Kb„°„73,°:°"ered

Public Works, including moneys payable by persons supplied with extent of £20

water by measure, shall, where the amount sought to be recovered

does not exceed Twenty pounds, be recoverable summarily before two

57 VICTORIE. No. 24

The Fremantle Water Supply Act, 1893

or more Justices of the Peace in manner directed by an Ordinance passed in the fourteenth year of the reign of Her present Majesty, and numbered five, or any Act or Ordinance passed for the amendment thereof.

Persons liable	13. Every penalty imposed by this Act, or by any by-law made hereunder, may be proceeded for and enforced either against the person actually committing any breach of such Act or by-law, or the person in whose employment he is or on whose behalf he is acting.
to penalties
Register of	14. The register of every meter provided by the Director of Public Works, or a copy thereof certified by any person authorised in that behalf by the Director of Public Works to be true, shall be prima facie evidence of the quantity of water consumed.
meters primer
facie evidence
Sections A, C, F,
Si and H of	15. Sections A, C, F, G, and H of The Shortening Ordinance, to all intents and purposes, and in as full and complete a manner as if the said sections had been introduced and fully set forth in this Act.
Shortening	1853,' shall be incorporated with and taken to form part of this Act
Ordinance in- 2
corporated

W. C. F. ROBINSON,

GOVERNOR.