Glenelg Waterworks Act 1872 (SA)

ANNO TRICESIMO QUINTO ET TRICESlMO SEXTO

VICTORIB REGINB.

No. 33.

An Act to provide for the FVatcr 8upplj of the Town of Glenelg.

I Assented to, 30th November, 1872.1

W HEREAS it is expedient that provision should be made for Pro~mble.	introducing a supply of pure water for tlhe use of the in- habitants of t h Corporate Town of Glenelg, and for raising the necessary f inds for the said purpose, in manner hereinafter men-
tioned: And whereas n plan, showing the direction of' the n~a in
pipe, and the lands, streets, and grounds through which the branch
pipes are to be laid, has been deposited in the office of the Surveyor-General-Be it therefore Enacted by the Governor 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:

1. In the construction of this Act, when not inconsistent with Interprotation clnuoe.

the coutext, the following expressions shall have the meanings set

opposite to them:

"The Principal Act" shall mean " The Adelaide Waterworks

Act, 1863."

"The undertaking" shall mean the waterworks, cisterns, tanks, aqueducts, mains, drains, cuts, sluices, pipes, culverts, en- gines, and other works connected with the Waterworks, hereby authorized to be constructed.

'' The Commissioner" shall mean the Commissioner of Public Works for the time being; arid shall also include and mean the expression The promoters of the undertaking " when- ever used in "The Lands Clauses Consolidation Act."

LLL 'C Justices "

- -

The Glenelg Waterworks Act.-1872.

"Justices" shaU mean two or more Justices of the Peace for the

Province of South Australia.

"Lands" shall include messuages, lands, tenements, streets,

roads, easements, and hereditaments held under any tenure.

Incorporation. 2. This Act and &'The Adelaide Waterworks Act, 1863," and The Lands Clauses Consolidation Act" and Act No. 26 of 1855-6,

amending the same, shall be incorporated, and, subject to the pro- visions hereof, be read and construed together as forming one Act accordingly.

Power to construct

Weterworks. 3. From and after the passing of this Act, the Commissioner may

supply the Corporate Town of Glenelg with pure water, by means

of water-pipes connected with and at the main in the City of Ade- laide, shown in such plan, and may enter upon all lands between Adelaide and Glenelg, as shown in the plan aforesaid, for the pur- pose of laying such water-pipes, and may construct the undertaking, and may exercise all the powers and authorities conferred upon him by this Act for the purpose of carrying out the under- taking.

Commissioner may	4. For the purposes of carrying out the said undertaking, the Commissioner may purchase, take, or acquire any lands and other hereditaments, goods, and chattels, and things, and contract and agree for the same, and become a party to any instrument for giving d e c t to such purchase, taking, or acquisition, or for the performance or construction of any works, or delivery or removal of any materials, and may take security by way of bond, or obligation, or otherwise by such name as aforesaid; and by that name may implead and be impleaded, defend and be defended, answer and be answered.
purohase land, &c.
Commissioner may

execute the work 5. The Commissioner may execute any of the following works

herein named. for constructing the undertaking, that is to sav-

He may enter upon any lands required for the purposes of this Act, and take levels of the same, and set out such parts thereof as he shall think necessary, and dig and break up the soil of such lands, and trench and plough the same, and re- move or use all earth, stone, mines, minerals, trees, or other things dug or gotten out of the same:

He may, from time to time, sink such wells or shafts, and make, maintain, alter, or discontinue such waterworks, cisterns, tanks, aqueducts, drains, cuts, sluices, pipes, culverts, en- gines, and other works, and erect such buildings upon the lands and streams, if any hereby authorized to be taken by him, as he shall think proper for supplying the inhabitants

of the said Town with water:

He may, from time to time, divert and restrain the water from

the said streams, and dter the course of any such streams,

and

8fi" & 36" VICTORX8, No. 33.

The Gle~zelg Wateruwrks A c t. 4 872.

and also take such waters as may be found in and under or on the lands to be taken far construct in^ the said undertaking.

6. The water supply shall be on the priuciple of constant supply ~;;~ple"fiewa~e+

at high service, and shall be derived from the main ot the Adelaide

Waterworks, shown in the plans aforesaid.

L

7. If any omission, misstatement, or wrong description sliall have ~ ~, ", ~, n ~ ~ ~ ~ ~; e

been made of any lands, or of the owners, lessees, or occupiers correctedby Justire~,

of any lands described in the plans aforesaid, the Commissioner, ~; ~ s ~ ~ ~. B h d l

after giving ten days' notice to the owners and occupiers of the

lands affected by any proposed correction, may apply to *Justices

for the correction thereof; and, if it shall appear to suclr Justices

that such omission, misstatement, or wrong description arose from

mistake, they shall certify the same accordingly, and shall iu such

certificate stats the particulars of any such omission, misstatement,

or wrong description; and such certificate, with the documents to

which it relates, shall be deposited with the other documents to which

they relate, in the office of the Surveyor-General, and thereupon such

plan shall bc deemed to be corrected according to such certificate;

and the Commissioner may make the works in accordance with

such certificate as if suclr omission, misstatement, or wrong des-

cription had not been made,

privileges, conferred, imposed, and given by ihe principal Act to the sioner. 8. The powers and authorities, duties, rights, liabilities, and e w e r s of Commis-

Commissioner shall, and may be exercised, enjoyed, and enforced by him, and he shall he liable thercto, in respect of all or any of the following matters, viz.-

The construction and completion of the undertaking hereby

authorized:

The protection to, and secure enjoyment of, the said undertaking:

The appointment and dismissal of officers:

The regulation and management of the said undertaking-:

The regulatiou of the supply of water to the said Town.

The making and enforcing of any assessment:

The receipt, enjoyment, and recovery of all rates to be made

upon any such assessment:

The right of appeal:

The protection to officers:

And the exercise and enjoyment of, and liability to, all other poweq

authorities, duties, rights, liabilities, and privileges, conferred, imposed, and given by the principal Act, so far as the same may be requisite or necessary for fully carrying out and giving effect to the objects of this Act, and so far as the same or any of them are not inappiicable to, or inconsistent

With, this Act. 9. All

POwem of persona .nd rated liabilitie* and 9. All powers and authorities, d.utics, rights, liabilities, and

others.

privileges, conferred, imposed, and given by the principal Act to any person or persons liable to be assessed and rated ;in respect of

supply, ;hall and may be exercised, enjoyed, and enfor'ced by

auy person or persons liable to be assessed and rated by virtue of

5 this Act: And any person or persons committing any offence or offences against the subject matter of this Act, or against the undertaking hereby authorized to be constructed, or any part or parts thereof, similar to any offence or offences created by the principal Act, shall be deemed to be guilty of such first-mentioned offence or offences. and shall be liable to the nunisliment or ~ena l tv

therefor imposed by thc principal Act, notw&htbstanding the' clau& or clauses creating such offence or offences and imposing such punishment or penalty has or have not been in terms re-enacted by this Act.

Annual account. 10. The Treamrer shall in each year cause an account in abstract to be prepared of the whole receipts and of t b expenditure of all moneys advanced to him for the purposes of this Act, for the year preceding, under the several distinct heads of receipt and expenditure, with a statement of the balance of such account, duly audited and certified by the Auditor-General; and a copy of such account shall, on or before the thirtieth day of June, in each year, be published in the South Australian Government Gazette.

Uovernm in Council 11. For the better enforcing the observance of all or any of the

may make by-lawn.	provisions of this Act, or of the Principal Act, it shall be lawful for the Governor, with the advice. and consent of the Executive Council, from time to time, to make by-laws, and from time to time to repeal or alter such by-laws; and every person offending against any such by-laws shall forfeit and pay for every such offence such sum, not exceeding Ten Pounds, arl may he by- any such by-laws imposed; aad any such fine or penalty may be recovered in a summary way, by and
cipal Act. before two Justices of the Peace for the said Province, in the same manner as if the same had been imposed by this A d or by the Prin-
Proof of by-laws.	12. The production of a printed paper, purporting to be a South Australilla Government Gazette, shall be p r i d -#acre evidence that
any such by-laws printed therein, p~zrporting to be made under the
provisions hereof, have been so made.

~ h o r t title. 13. This Act may be cited for all purposes as The Glenelg

Waterworks Act, 1872."

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

assent to this Bill.

JAMES FERGUSSON, Governor,

Addaide : By authority, W. C. Cox, Government Printer, North-terraoe.