Fremantle Water Supply Act 1899 (WA)

OZIeztern lurtratta.

ANNO SEXAGESIMO TERTIO

VICTORIIE BEGINS

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No. LIII.

AN• ACT to enable the Director of Public Works to manage and control certain Water- works within the Municipalities of Fremantle, North Fremantle, and East Fremantle.

[Assented to, iOth December, 1P99.]

Legislative Assembly of Western Australia, in this present Parlia- BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and

ment assembled, and by the authority of the same, as follows :--

1. THIS Act may be cited as the Fremantle Water Supply Act, Short title.

1899.

2. TI-1E Fremantle Water Supply Act, 1893. is hereby Repeal of Aot 57

repealed. Viet., 24,

3: THIS Act shall apply to the municipalities of Fremantle, Areas to wliieli the

North Fremantle, and East Fremantle, and any additions to or

Act applies.

subdivisions of any of them by whatever name called ; all which

are hereinafter referred to as the " three municipalities."

63" VICTORTIE, No. 53.

Fremmitle Water Supply.

WITHIN the three municipalities the Director of Public vested in and exercisable by the council of a municipality under the Waterworks Act, 1889, except the power to take land permanently, and any additional powers which by the Metropolitan Water Works Act, 1896, or any amendment thereof, are vested in the Board created by that Act may be eXercised by the Director of Public Works for the purposes of this Act, as if such powers were expressly enacted therein.

Director of Public 4.

Works to have	W orks shall have all the rights, powers, benefits, and privileges
certain powers.
The Director of Public Works may construct waterworks within any of the three municipalities without submitting the proposal to the ratepayers, as required by section three of the -Waterworks Act, 1889.

THE references in the Waterworks Act, 1889, to the Muni- cipal Institutions Act, 1876, shall be read as references to the corresponding enactments of the Municipal Institutions Act, 1895, or other the Acts in force for the time being relating to - municipalities.

Amendment of Act 5.

53 Viet., 13.

Duties and liabilities 6. ALL the enactments in the Waterworks Act, 1889,

imposed by Act 53

except sections forty-six and forty-eight thereof, imposing any duty,

Viet., 13, to be im-

obligation, restriction, or penalty upon aily person other than a

posed under this Act.

Exception.

council or a contractor under the said Act, shall have the same force

See Fremantle Water

and effect as if such enactments were incorporated with this Act ;

Supply Act, 1893 (57

Viet., 24), s. 3.

and the word " Council " in all such enactments shall be deemed

to include the Director of Public Works.

ANY act or thing which, under the Waterworks Act, 1889,

Director of Public 7.

Works may delegate

may be done by any person acting with the authority of the council

Ids authority.

of the municipality may be done by any person acting with the

See Ibit, s. 4.

authority of the Director of Public Works within the three muni-

cipalities.

8. (I .) FOR the supplying of lands it_i1 premises in the three

Power o levy water

rate.	municipalities with water for domestic purposes, the Director of Public Works may, in each of such municipalities, make and levy a rate not exceeding One shilling in the pound in any one year upon
See waterworn:

1889 (53 Viet.	Act, the annual ratable value of the lands and premises by this Act made ' liable to the water rate, as such value is shown by the rate books compiled by the councils of the three municipalities respectively, for the purposes of the general rate under the Act or Acts for the time being regulating the municipal government of such municipalities.
s. 46.

(2.) Whatever the ratable value of any lands or premises is, the minimum water rate in respect thereof shall be Five shillings.

63" VICTORLE, No. 53.

Fremantle Water Supply

9. WATER rates under this Act shall be paid in respect of all

lands and premises within sixty vards from which a main pipe has feletiotttLbreaseub.

been or shall be laid down ; and, when the Director of Public Works when main laid

has published in the Government Gazette a notice that such main within 60 yards.

pipe has been laid clown there, and that he is prepared to distribute a constant supply of water therefrom to the lands and premises situate within sixty yards thereof, such lands and. premises shall be deemed to be supplied with water under this Act from and after the expiration of seven days from such publication." The water rate shall be payable in advance from the period which shall elapse between the first day of whatever month shall next follow the expiration of such seven clays and the thirty-first clay of l/ecember then follow- ing, and thereafter the rate shall be payable half-yearly in advance on the first clay of January- and first day /of July in every year. subject to the provisions of this Act and; to any by-laws made thereunder.

THE clerk of each of the three municipalities shall, in every year, when so required, allow the Dire ;tor of Public Works, or

Director of Public

Works may take copy

some person appointed by him for that purpose. to take a copy of

of rate book.

See Fremantle Water

the rate book of the municipality.

Supply Act, 1893,

s. 10.

10.

EVERY person who enters into ;'occupation of lands or premises, though not being the owner thereof, shall be liable to pay

Ingoing occupier to

pay rates in arrest

and receive the

all water rates then due in respect thereof; and, if not the owner,

mnount from owner.

shall, after such payment, be entitled to recover from the owner the sums so paid, or to deduct them from or set them off against any sum due or coming clue from such occupier to the owner.

11.

NO person shall use. for any other:than domestic purposes,

any water supplied from the waterworks to any lands or premises except for domestic

on which a meter for measuring water is not fixed, and every person /1)mtpospsflunlrs a

Water not to be used

12.

so using' water in contravention of this sec6on shall be liable, upon

" '

conviction, to a fine not exceeding Five pounds for every clay on

which such offence is committed.

NO meters, instruments, pipes, or apparatus for the con- veyance, reception, or storage of water, let for hire to any consumer

Meters let by

Director of Public

Works not distrain

of water by the Director of Public Works, shall be subject to

able.

distress for rent of the premises where the same are used, or be

Ibid., s. 6.

attached or taken in execution under any process of any Court of Law, or under or in pursuance 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 ill whose possession the meters, pipes, instruments, or apparatus are.

13.

63° IT ICTORIIE, No. 53.

Fremantle Water Supply.

No pipes, etc., in 14. NO pipe or fitting attached to or connected with any of the

connection to be	pipes of the Director of Public Works shall be seized or taken in
seized.	execution by process of law or under distress for rent.
Ibid., s. 7.

Powers of Director 15. FOR levying and recovering the amount due in respect of

of Public Works to	the supply of water in accordance with this Act, or for water
recover money for
water supplied.	supplied by measure, the Director of Public Works, or any person
See Ibid., s. D.	authorised by him, shall have all the powers of the councils of the three municipalities respectively for the levying and recovering the amount due in respect of the general rate under the Act or Acts for the time being regulating the municipal government of such municipalities.

Offences punishable 16. ALL informations and proceedings in respect of offences

on summary	against this Act, or any by-law made hereunder, shall be summarily
conviction.	punishable upon conviction before a Court of summary jurisdiction.
Ibid., s. 11.

Damages, etc., may be 17. AI,I, forfeitures, damages, and expenses, and other sums of

recovered summarily	money by this Act made payable to or recoverable by the Director
to extent of .220.	of Public Works, including moneys payable by persons supplied

s. 12. with water by measure, shall, where the amount sought to be recovered does not exceed Twenty pounds:, be recoverable sununarily before a Court of summary jurisdiction.

Persons liable to 18.

EVERY penalty imposed by this Act, or by any by-law 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.

penalties.	made hereunder, may be proceeded -for and enforced either against
Ibid., s. 13.

Register of meters 19. THE register of every meter provided by the Director of

prim&facie evidence	Public Works, or a copy thereof certified by any person authorised
Ibid., s. 14.	in that behalf by the Director of Public Works to be true, shall be
prima facie evidence of the quantity of water consumed.

SECTIONS A, C, F, G, and II of the Second Schedule taken to form part of this Act to all intents and purposes, and in as full and complete a manner as if the said sections had been intro-

Sections A, C, F, G, 20.

and H of Schedule 2	to- the Interpretation Act, 1898, shall be incorporated with and
of Interpretation Act
incorporated.
Ibid., s. 15.	duced and fully set forth in this Act.

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

to this Act.

GERARD SMITH, Governor.

By Authority : Brawn) PETHER, Government Printer, Perth.