Goldfields Water Supply Act 1902 (WA)

The. Goldfields Water Supply AO, 1902.

(2° Edwardi VII , No. 33.)

ARRANGEMENT.

PART I.-PEREAMINARY. se,,.

Sec. 29. Supply to rated land.

1. Short title. commencement,and 30, Request for supply to rated /and.

division. 31. Supply to land not rated.

2. Interpretation- 32. The Board may supply meter and

" Board." charge by measure.

"Chairman." 33. Record of meter to be prhad facie

"District." evidence of water supplied.

"Fitting." 34. Water may be cut off from unoccupied

"Land." premises. etc.

"Local authority."	35. Fire plugs.
" Occupier."	36. Repair of fire plugs.
" Owner."	37. Supply of water not compulsory.
"Person."	38. The Board may supply water by

" Pipe." contract.

" Prescribed."	39. The Board may supply local authority.
"Rateable land."
" Water area."	PART v.-'CHs PROTECTION OF WORKS AND

"Waterworks"	FITTINGS AND THE PREVENTION OF
Works."	WASTE.

40. Duty to keep fittings in repair.

PART Ii..--ADMINISTRATION. 41. Fittings not to he connected or d's-

connected without notice.

I. The Board. 42. Power to enter and examine whether

3. The Board. water is wasted, etc.

4. Incorporation of Board.	43. Protection of fittings.
5. Seal.	44. Power to enter on laud and fix fittings.
6. Term of office.	45. Penalty for using unauthorised

7, Chairman. fittings.

8. Remuneration of members.	46. Penalty for not repairing fittings.
9. Quorum.	47. Penalty for destroying valves, etc.
10. Proceedings of Board not invalidated	48. Penalty for taking, etc., water in con-

by vacancy. ti avent ion of this A et.

11. Vacancies.	40. Fraudulent taking of water.
12. Deputy members of Board.	50. Other consequence of contravening

13. Acting chairman.	this Act or the By-laws.
14. Tenure of office.
15. Removal from office.
16. Minutes of proceedings.	PART VI.-WATER RATES.

17. Annual report. 1. The Rate Book.

2. Officers of the Board. 51. Rate Book. 52. Valuation.

18. Appointment of officers and servants. Valuat on of mines.

19. Certain officers to give security. 53 Rating of persons residing on mining

leases.

PART In.-Tor: CONSTRUCTION AND 54. Rate book to be open to inspection.

MANAGEMENT OF WORKS. 55. B and may inspect rate books of local

20. The water area. authorities.

21. Waterworks placed under the manage- 56. Access to be given.

ment and control of Board. 57. Penalty for not permitting inspection.

22. Board may construct works. 58. Rateable value

Application of Public Works Act, 59. Rate book may be amended.

1902.  60. Notice of amendment to be given.

23. Power to enter land and break up 61. Board may use previous year's rate

roads, etc. book.

24. Compensation.	2. Appeals.
25. Roads, etc., to be reinstated.

26. Local authorities to give particulars 62. Grounds of appeal against assessment.

as to levels.

63. Appeals, how made.

64. Appeals to the Board.

65. Appeals to the Local Court from

PART IV.-THE SUPPLY OF WATER. decisions of the Board.

27. Water rates.	66. Court may order costs.
28. Supply of water by measure.	67. Decision of Court final.

Goldfields irate?. Supply.

3. The Making of Rates. Sec.

Sec.	103. Books may he inspected.
68. Land subject to water rate.	104. Accounts to be audited and furnished.
69. Amount of rate.
70. Manner of making rate.	PART X.-BY-LAWS AND GENERAL PRO-

71. Gazette evidence of striking of rate. VISIONS.

105. Power to make by-laws.

(r.) Regulating business of

PART VII.-PAYAIENT OF RATES AND Board.

FOR WATER SUPPLIED. (2.) Duties of officers.

72. Water rates, when payable. (3.) Construction and use of

73. Payment for water supplied by works.

measure. (4.) Protecting water and works.

74. Paymentby measure when land rated.	(5.) Preventing waste, etc.
75. Recovery of rates by distress.	(6.) Rates.
76. Bailiff may sell by auction without	(7.) Quantity of water.

license. (8.) Scale of charges for water

77. Recovery by action or complaint. supplied by measure.

78. In action against owner, proof of (g.) Repair of fittings.

demand on occupier not necessary. (IO.) Prohibiting alteration of

79. Persons liable may be resorted to in fittings.

succession. (11.) Enabling Board to repair

80. Rate books to be evidence.	fittings at cost of con-
81. (1.) Recovery of rates paid by owner	sumer.

from occupier. (12.) Arrangement of fittings.

(2.) Recovery of rates paid by occu- (13.) Inspection.

pier from owner. (14.) Licensing plumbers.

82. Apportionment of rates between suc- (15.) Forms.

cessive owners or occupiers. (r6.) Generally.

83. Premises may be sold for arrears of 106. Penalties for breach of by-laws.

rates, etc., remaining unpaid for 107. By-laws to be approved by the Gov-

twelve months.	ernor and published in Government
Certificate of sale.	Gazette.

84. Person ordered to sell need not. have 108. Notices.

auctioneer's license.

109. (1.) Notices and demands, how served.

(2.) When deemed to have been given.

(3.) When name of owner or occupier

unknown.

PART VIII.-BORROWING POWERS. (4.) Service on corporations.

85. Power to borrow money. 110. Notices binding on persons claiming,

86. Debentures. under owner or occupier.

87. Form of debentures. 111. Notices may be authenticated by sig-

88. Repayment of debentures. nature of chairman without seal.

89. Payment of interest.	112. Service on Board.
90. Debentures and coupons transferable	113. Saving of civil remedy.

by delivery. 114. Recoveryof value of water misused, etc.

91. Debentures and interest a charge on 115. Obstructing Board or officers in per-

property and revenues of Board. formance of duty.

92. Sinking fund to be created.	116. Offender may be arrested.
93. Appropriation of revenue for sinking	117. Summary proceedings for offences and

fund. recovery of penalties.

94. Investment of sinking fund.	118. Application of penalties.
95. Accumulated sinking fund to be	119. Board may be represented by secretary

applied in payment of loan. or other officer.

96. Savings Bank funds may be invested 120. Actions against commissioners or

in debentures. officers.

97. Advances to the Board by Colonial 121. Books of Land Titles and other offices

Treasurer. may be searched without fee.

98. Repayment of advances.

122. Property of Board not to be taxed.

123. Proof of ownership or occupancy.

124. (I.) Minister for Works may exercise

PART IX.-ACCOUNTS AND AUDIT.

powers of Board pending ap-

pointment.

99. Collection of rates, etc.	(2.) And outside water area.
100. Expenditure.
101. Accounts.

102. Accounts to be balanced. SOREDâLES.

Meztern Cattztraita..

ANNO SECUNDO

EDWARDI VII. REGIS.

************************* * ****************************

No. XXXIII.

AN ACT to constitute the Goldfields Water -.. upply Board ; to define the Powers and Duties of the Board ; and for other purposes incidental thereto.

[Assented to, 20th December, 9o2.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council Parliament assembled, and by the authority of the same, as follows:—

PART I.—PRELIMINARY.

1. THIS Act may be cited as the Goldfields Water Supply Act, 1902, and shall come into operation on a day to be fixed Short title, COM-	meneernent. and
1, ), proclamation.	division.

It is divided into Parts, as follows:—

PART I.—PRELIMINARY, ss. 1-2:

PART II.—ADMINISTRATION-

) The Board, ss. 3-17 ;

(2.) Officers of the Board, ss. 18-19.

2" EDWARDI VII., No. 33.

Goldfields Water Supply.

PART III.—THE CONSTRUCTION AND MANAGEMENT OF

WORKS, ss. 20-26.

PART IV.—THE SUPPLY OF WATER, SS. 27-39.

PART V.—PROTECTION OF WORKS AND FITTINGS AND

PREVENTION OF WASTE, ss. 40-50.

PART VI .—WA TER RATES —

(I.) The Rate Book, ss. 51-61 ;

(2.) Appeals, ss. 62-67;

(3.) Making of Rates, ss. 68-71.

PART VII.—PAYMENT OF RATES AND FOR WATER SUPPLIED,

ss. 72-84.

PART VIII.—BORROWING POWERS, SS. 85-98.

PA RT IX.—ACCOUNTS AND AUDIT, SS. 99-104.

PART X.—BY-LAWS AND GENERAL PROVISIONS, SS.

105-124.

2. IN this Act, unless the contrary appears,-

Interpre o

" Board" means the Uoldfields Water Supply Board consti-

tuted under this Act.

chairman " includes the person acting as chairman for the

time being.

" District," in relation to a local authority, means the area

of a municipality or a district of a road board.

" Fitting " includes a pipe, meter, or other apparatus.

" Land " includes messuages, tenements, hereclitaments, houses,

and buildings.

" Local authority " means the council of a municipality or

the board of a road district.

" Occupier" means the person in actual occupation of any land, and, if there is no occupier, the person entitled to possession.

" Owner " means the person for the time being entitled to receive the rent of any land, whether on his own account or as trustee, attorney, or agent for any other person, or who would be entitled to receive the rent if the land were let at a rent..

" Person " includes a corporation, sole or aggregate.

" Pipe " includes a main or other pipe, stop-cock, water cock,

syphon plug, or other apparatus used for or in connection

with the supply of water.

2" EDWARDI VII., No. 33.

Goldfields Water Supply.

' 4 Prescribed " means prescribed by this Act or the by-laws

thereunder.

" Rateable land " includes all land, except land belonging to the Crown, and which is not used or occupied otherwise than for public purposes.

" Water area" means an area constituted and defined under

section twenty.

Waterworks " means any reservoir, tank, building, aqueduct, engine, pipe, or other work, with the appurtenances thereto.

" Works " has the same meaning as " waterworks."

PART IL—ADMINISTRATION.

1. The Board.

3. THE Governor may appoint two persons who, with the

Minister for Works for the time being, shall constitute a Board by

The Board.

the name of the Goldfields Water Supply Board, for carrying this

Act into execution.

THE Board shall be a body corporate, with perpetual succession, a. common seal, and power to hold land.	Incorporation of
Board.

4.

JUDICIAL notice shall be taken of the incorporation and common seal of the Board, and every deed, instrument, or writing, when sealed, shall be admissible in evidence on the mere production thereof, without any other or further proof of the making of such deed, instrument, or writing. Seal.

5.

EACH appointed member of the Board shall hold office for the term of three years, and, at the expiration of his term of office,	Term of office.
shall be eligible for re-appointment for a like term of three years.

6.

7, THE Minister for Works shall be the Chairman of the Chairman.

Board.

S. OF the two appointed members of the Board, one shall be an engineer, and may receive a salary not exceeding One thousand	Remuneration of
members.
two hundred and fifty pounds a year. The other appointed member may receive a salary not exceeding Seven hundred and fifty pounds a year.

9. FOR the conduct of business, any two members of the Quorum.

Board shall be a quorum, and shall have all the powers and authorities vested in the Board.

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

Proceedingsof Board 10. NO act or proceeding of the Board shall be invalidated or

not invalidated by

prejudiced by reason only of the fact that at the time when such

vacancy.

proceeding or act was taken, clone, or commenced, there was a

vacancy in the office of any member.

ON the occurrence of any vacancy in the office of an appointed member of the Board. the Governor may appoint a person to the vacant office, whose term of office shall be for his predecessor's unexpired term of office.

Vacancies. 11.

IN the case of illness, suspension, or absence of any member of the Board, the Governor may appoint some person to act as the deputy of such member during such illness, suspension, or absence ; and, until such appointment is terminated by notice in the Govern-

Deputy members of 12.

Board.

ment Gazette, every person so appointed shall, while so acting,

have all the powers and perform all the duties of a member of the

Board.

IN the case of the illness or absence of the chairman, the Governor may temporarily -appoint a member of the Board acting chairman, who, while so acting, shall have all the powers and may perform all the duties of the chairman.

13.

Acting chairman.

(1.) THE Governor may suspend an appointed member of the Board from his office

14.

Tenure of office.

(a.) For misbehaviour or incompetence ; or

(b.) If he becomes bankrupt, or applies to take the benefit

of any Act for the relief of bankrupt or insolvent

debtors ; or

(c.) if he becomes incapable of performing his duties ; or

(d.) If he becomes concerned or interested in any contract

made by or on behalf of the Board, or participates or claims to be entitled to participate in the profits thereof. or in any benefit or emolument arising therefrom : But this subsection shall not extend to an interest as a shareholder in an incorporated company of at least twenty members.

(e.) If he engages in any employment outside the duties of his office ; or absents himself from duty for a period of fourteen consecutive days, except on leave granted by the Governor.

Removal from office. 13, (l.) THE Minister shall cause to be laid befo re Parliament

a full statement of the grounds of suspension within seven days after such suspension, if Parliament is sitting, and, when Parliament is not sitting, within seven days after the next sitting.

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

(2.) A member of the Board suspended shall be restored to office if both Houses of Parliament, within thirty days from the time when such statement has been laid before Parliament, declare by resolution that the said member ought to be restored to office.

(3.) Subject as aforesaid, the Governor may remove an ap-

pointed member from his office.

16. THE Board shall keep minutes of their proceedings, in such Minutes of

manner and form as the Governor shall direct. proceedings.

17. THE Board shall make an annual report to the Governor of Annual report.

their proceedings, and such report shall be laid before both Houses

of Parliament.

2. Officers of the Board.

18. (i.) THE Board may appoint a secretary and such other Appointment of

officers and servants as may be necessary for the execution of this	officers and servants.
Act at such salaries or wages as to the Board may seem fit, and may dismiss any such officer or servant.

19. BEFORE any officer or servant entrusted with the custody Certain officers to

of money or other property shall enter upon the duties of his office, give security.

the Board shall take from him sufficient security for the faithful

execution thereof.

PART III.—THE CONSTRUCTION AND MANAGEMENT OF WORKS.

20. THE Governor may, by Order in Council,— The water area.

.) Constitute and define the boundaries of a water area for

the purposes of this Act.

(2.) From time to time alter the boundaries of the water

area.

(3.) Divide the water area into districts and define the

boundaries of districts.

Coolgardie Goldfields Water Supply Act, 1896, so far as the same waterworksande tthe nplaced 21. THE waterworks constructed under the authority of the

are situated within the water area, and all works constructed by ment and control of

the Board under the authority of this Act, shall be under the Board'

management and control of the Board; and such works, and all water

which at any time is therein, shall be deemed the property of the

Board.

22. THE Board may, with the approval of the Governor, con- Boar d may construct

struct works for the distribution and supply of water within the works.

2° EDWARD' VII., No. 33.

Goldfields Water Supply.

water area, or any district thereof, and for such purpose shall be deemed a local authority within the meaning of the Public Works

Application of Public

Works Act, 1902. Act, 1902.

Power to enter land 23. THE Board and their servants and any person acting with (I.) May enter upon any land and open and break up the soil thereof, and may open and break up the soil and pave- ment of any road, street, or place;

:red break up roads,	the authority of the Board
etc.

May lay down and place, and maintain, in, on, or under any land, or any road, railway, street, or place, mains, conduits, service pipes, fittings, and appliances. and from time to time repair, alter, and remove the same, and may remove or use any earth or materials; and

May do any other acts and things which may be deemed

necessary or expedient.

Compensation. 24. IN the exercise by the Board of the powers conferred by

this Act, as little damage as possible shall be clone, and the Board shall make compensation for any actual damage done or occasioned

thereby, which, unless settled by agreement, shall be determined in the manner provided by Part III. of the Public Works Act, 1902.

25. (1 .) WHEN the Board open or break up the soil of any

Roads, etc.,	to be land, or the soil or pavement of any road, street, or other place, they
reinstated.

shall

(a.) With all convenient speed complete the work and fill iii the ground and make good the land, road, street, or place ; and

(b.) While any road, street, or place, continues open or broken up, cause it to be fenced or guarded and a sufficient light to be kept there at night.

(2.) If the Board make default in complying with this section, reasonable compensation shall be made to any person for any damage actually sustained in consequence of such default.

Local authorities to 26. (i.) EVERY local authority shall, when requested by the

give particulars as to	Board, give particulars of the ascertained levels of any street or road
level,.	in which it is proposed to lay any main or other pipe.
(2.) The local authority shall give to the Board at least forty- eight hours' notice, in writing, of its intention to alter the level of any street or road in which pipes are laid down.

2° EDWARD' VII., No. 33.

Goldfields Water Supp ly.

(3.) Thereupon the Board may lower any pipe, and may raise or lower the fittings and covers of any stop cock, valve, or fire plug, and the cost of so doing shall be a debt due by the local authority to the Board, and may be recovered in any Court of competent jurisdiction.

(4.) Any local authority failing to give the notice required by subsection two, shall be liable to a . penalty not exceeding Fifty pounds.

PART IV.—THE SUPPLY OF WATER.

THE Board may make and levy water rates, in the manner

hereinafter provided ; and such rates may be made and levied in the

water area generally, or in any district thereof.

Water rates.

27.

THE Board may, instead of making and levying a water rate, and may in any case, sell and supply water by measure, the

Supply of water by

measure.

quantity consumed being ascertained by a meter fixed on the land

of the consumer, or by any other prescribed means.

28.

THE owner or occupier of land rated under this Act shall, as far as practicable, and subject to the provisions of this Act, be supplied with the quantity of water to which he is entitled in respect of the rates ; and, on payment of the prescribed charge, with such further quantity as he may take by measure. Supply to rated land.

29.

ON receiving from the owner or occupier of any land rated under this Act a written request for a supply of water, the	Request for supply
to rated land.
Board shall provide, lay clown to the boundary of the land, and fix the communication pipe and fittings necessary for complying with such request.

30.

THE owner or occupier of land not rated under this Act may, in writing, request the Board to supply water.	Supply to land not
rated.
In such case the Board may, if they think fit, comply with the request, and, on such terms as may be agreed upon, provide, lay clown, and fix all necessary pipes and fittings for supplying water to such land.

31.

(l.) THE Board may cause a meter to be attached to any pipe on any land supplied with water under this Act.	The Board may sup-
ply meter and charge

32.

(2.) When a meter is so attached, the owner or occupier shall by measure.

not receive a supply of water except by means of the meter, unless

the Board consent to its removal, or to a supply of water to a part

of the land otherwise than by means of the meter.

2° EDWARD' VII., No. 33.

Goldfields TT -a ter Supply.

(3.) The Board may charge the prescribed rent for the use of

the meter, and the cost of fixing, removing, or replacing it and its

fittings whenever in the opinion of the Board necessary.

Record of meter to	33. WHENEVER a meter is used
be prima fade evid-

ence of water sup-	(a.) The quantity of water shown by the index or register shall be taken prima facie to be the quantity of water which has actually passed through the meter and has been supplied ; and -
plied.
(b.) A certificate purporting to be signed by the chairman

or an officer of the Board stating the quantity so shown shall, in any proceeding in which the quantity of water is in question, be prima facie evidence of the quantity of water supplied.

Water may be cut off	34. THE Board may turn or cut off the water supply
from unoccupied

premises, etc.

(a.) If the land to which water is supplied is unoccupied; or

(b.) When any rates or moneys clue for water supplied, or

agreed to be supplied, or any rent or charges for any meter or other fittings remain unpaid fin. seven days after they become due; or

(c.) If the occupier refuses to permit a meter to be attached to any pipe on his land ; or

(d.) If the occupier commits or permits any breach of any of the provisions of this Act or the by-laws thereunder.

Turning or cutting off the water shall be a cumulative remedy for enforcing payment of water rates or other moneys clue, and shall not relieve the owner or occupier from liability in respect thereof.

THE Board may fix upon main or other pipes within the

water area, at the request and at the expense of any local authority,

fire plugs for the supply of water for extinguishing fire.

Fire p 35.

THE Board shall, at the expense of the local authority. keep such fire plugs in effective order, and shall deposit the keys thereof at such stations as may be directed by the local authority.

Repair of fire plugs. 36.

IT shall not be compulsory on the Board to supply or to continue to supply water to any person ; and the Board shall not be liable to any penalty or damages for not supplying or continuing to supply water.

liopply of ,eater /to 37.

tompufsory.

rho Board may sup-• r 38. (I .) THE Board may, with the approval of the Governor,

tly water by eon.	cont act with ally company, association of companies, or other
rad.

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

consumer (hereinafter called the purchaser) for the sale of water, by measure, on such terms and conditions as to the Board may seem fit.

(2.) By such contract the Board may

(a.) Authorise the purchaser to supply water to any occu- piers of land or other persons within any area (not being a municipality or townsite) to be defined in the contract, at prices to be approved by the Board.

(b.) Exempt the purchaser and the occupiers of any land within the area defined in the contract, from the payment of rates under this Act.

39. (1.) ANY local authority may contract with the Board, on Tlie Bond

such terms as to the Board may seem fit, to take water by measure supply lo.caly

na

for the purposes of a water supply within the district of such local authority.

authority.

(2.) Every such contract shall be subject to the approval of

the Governor.

(3.) Upon such contract being made the local authority shall, within the district, have all the powers of the Board relating to

(a.) The construction and management of works;

(b.) The supply of water ;

(c.) The protection of works and fittings, and the pre-

vention of waste;

(d.) 'The making of rates ;

(e.) The recovery of rates and of payment for water

supplied ;

(f) Making and enforcing by-laws.

PART V.—THE PROTECTION OF WORKS AND FITTINGS AND

TUE PREVENTION OF WASTE.

40. EVERY person supplied with water under this Act shall Duty to keep fittings

keep the service Or communication pipe and all prescribed fittings	in repair.
within or attached to his land in good repair, so as to effectually
prevent the isater from running to waste.

41. NO person shall

Fittings not to be

(a.) Connect a meter, pipe, or other fitting through which connected or discos.

netted without

water is, or is intended to he supplied ; or notice.

(b.) Disconnect a. meter, pipe, or other fitting from any other

meter, pipe. or other fitting through which water is, or

is intended to be supplied,

2° EDWARDI VII., No. 33.

Gold.fields U 4e• Supply.

unless he has given the prescribed notice of his intention so to do, and has received the consent, in writing, of the Board or of an authorised officer in that behalf.

Power to enter and 42. (ID ANY officer of the Board may, at all reasonable times,

examine whether enter upon any land to which water is supplied under this Act, and

water is wasted, etc. may examine and ascertain

(a.) What quantity of water has been consumed there ;

(b.) Whether there has been or is any waste, misuse,

fouling, or contamination of the water ;

(c.) Whether all fittings, with . the materials and mode of

arrangement thereof, used or intended to be used are in accordance with the by-laws, and in proper order and repair ;

(2.) When a fitting is not in accordance with the by-laws, or is out of proper order and repair

(a.) The officer of the Board may repair or remove it, and if necessary substitute others in its stead, or may alter the mode.of arrangement, as the case requires ; and

(b.) Any expense incurred by the Board in that behalf shall, on demand, be repaid by the owner or occupier of the land, and if not repaid on demand may be recovered by the Board in the same manner in which water rates may be recovered.

(1.) NO person shall remove, alter, repair, renew, or un- cover any pipe or other fitting which is the property of the Board until the prescribed notice has been given to the Board, and the authority of the Board, in writing, obtained.

Protection of 43.

fittings.

(2.) No such pipe or fitting shall be subject or liable to be seized or taken in execution by process of law, or uncle'• distress for rent.

(1.) ANY person authorised by the Board may at all reason- able times enter upon any land to which water is or is intended to be supplied under this Act, and may place and fix thereon and attach thereto, wherever the Board think proper, such fittings as the Board may think expedient, and may there do all other acts and execute all other works which the Board may think fit.

Power to enter on 44.

land and fix fittings.

(2.) Any person so authorised may at all reasonable times

enter upon such lands and examine, remove, repair, alter, or

replace all o • any of such fittings.

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

45. IF any person supplied with water by the Board does any

of the followin g thins for the purpose of takin g water in a manner Penalty using

b unauthorised

not authorised by this A ct. that is to say— fittings.

( Uses in, places upon, or attaches to the land, or permits to be so used. placed, or fitted, any fitting. instrument, or thing not authorised b y the Board; or

(2.) Alters, misuses, injures, or removes any authorised fitting,

except for the purpose of necessary repair ;

he shall forfeit and pay to the Board a sum not exceeding Fifty pounds, and shall, in addition, be liable to pay to the Board any damages sustained by the Board in respect of any injury clone to their property, and the value of any water wasted, misused, or unduly consumed.

46. IF any person supplied with water by the Board

causes or suffers any pipe. receptacle, fitting, or other apparatus, pearin	itgy filbo	tirnguset re-
used in connection with water supplied to him by the Board to
be out of repair without repairing it within a reasonable time, or to be so used or contrived that the water supplied to him by the Board is, or is likely to be wasted, misused, unduly consumed, or contaminated, or so as to allow the return of foul air or any noisome or impure matter into a pipe belonging to the Board, or connected with any such pipe, he shall forfeit and pay to the Board a sum not exceeding Ten pounds.

47. IF any person, not being authorised by the Board,— Penalty for destroy-

(1.) -Wilfully or carelessly breaks, injures. opens or shuts, or ing valves, etc.

wilfully permits to be broken, injured, or opened or shut, any lock, sluice, cock, valve, pipe, or other authorised fitting, or any work belonging to the Board ;

(2.) Flushes or draws off the water from any reservoir or other

work of the Board ; or

(3.) Does any other wilful act, or wilfully permits to be clone

any act whereby such water is wasted;

he shall forfeit and pay to the Board a sum not exceeding Fifty pounds, and shall. in addition. be liable to pay to the Board any damage sustained in respect thereof, as well for the value of the water wasted as in repairing the fittings or other parts of the works; and the amount of such. damage shall be ascertained, determined, and recovered in the same manlier as such forfeited sum.

48. IF any person uses or consumes, or permits to be used or Penalty for taking,

consumed, any water belonging to the Board, contrary to the pro- etc., water in C1011- belonging

visions of this Act and the thereunder, he shall forfeit and travention of this

pay to the Board a sum not exceeding Fifty pounds.

2° EDWARDI VII., No. 33.

Goldfields Tr ater Supply.

49. ANY person who fraudulently takes, or procures to be taken,

Fraudulent	takin of any water belonging to the Board from a reservoir main or pipe
taking o
water.

belonging to the Board, or from any pipe leading to or from any

such reservoir main or pipe, is guilty of a misdemeanour, and liable to imprisonment, with or without hard labour, for any term not exceeding two years.

Other consequences	50. IF any person supplied with water by the Board
of contravening this

Act or the By-laws.	(1.) Does, or causes or permits to be done, anything in contravention of the provisions of this Act or of the by-laws; or
(2.) Omits to do. or prevents being clone, anything which under anythose provisions ought to be done for the prevention of the waste, misuse, undue consumption of the water of the Board ; do,

the Board may (without prejudice to any other remedy against him) cut off any of the pipes by or through which water is supplied by the Board to him or for his use, and may discontinue the supply of water to him so long as the cause of injury remains or is not remedied ; but such cutting off shall not affect or take away his liability to payment of rates.

PART VI.—WATER RATES.

1. The Rate Book.

Rate hook. 51. WHENEVER the Board determine to make and levy

water rates, the Board shall cause a rate book to be kept in the form of the First Schedule, and shall enter therein all rateable land in the water area, or any district thereof, with the several particulars indicated in the said schedule, and in the appropriate column shall state the estimated net annual value of such land.

Valuation. 52. SUCH annual value may, at the option of the Board, be

either

(a.) The current valuation of the local authority in whose

district the land is situated ; or

( bb ) The yearly rent at which the land might reasonably be

expected to let, free from all usual tenant's rates and

taxes, and deducting therefrom the probable annual average cost of insurance and other expenses (if any) necessary to maintain such property in a state to com- mand such rent ; or

2" EDWARD' VII., No. 33.

Goldfields Water Supply.

(c.) An amount not exceeding Seven pounds ten shillings per

centum on the capital value of the land in fee simple.

Provided that

(a.) In estimating the annual or capital value of mines, no regard shall be had to the minerals therein or the mining machinery, whether fixed to the soil or not, or to build- ings used exclusively for the housing of such machinery ; and	Valuation of mines.
(b.) The valuation shall be made on the assumption (if necessary to be made) that the sub-letting of the land is authorised by law.

ANY person in occupation of any portion of the surface of a gold-mining lease or mineral lease shall be deemed an occupier,	Rating of persons
residing on mining
and liable to be rated in respect of such occupation notwithstanding	leases,
any want of title to occupy the same.

53.

THE rate book shall be made up as early as may be in each year, and notice thereof shall forthwith be published in the	Rate book to be open
to inspection.
Government Gazette and in at least one newspaper circulating in the
water area.
The rate book shall at all reasonable times be open to inspec- tion by any ratepayer.

54.

55.      ANY person authorised by the chairman, in writing, may, Board may inspect

as of right, at all reasonable tunes inspect, free of charge, all rate books of friem

valuations, lists, and rate books of any local authority relating to ally authorities.

land situate in the water area, and may take copies or extracts from

them.

ALL persons having the custody of such valuations, lists, or rate books shall, at all reasonable times and without any fee or charge, afford to the Board, and all persons authorised by the chairman, free access to the same. Access to be given

56.

EVERY person having the custody of a valuation list or rate book of any local authority which a person authorised by the	Penalty for not per-
mitting inspection.
Board is entitled to inspect, who neglects or refuses to permit any such person to inspect the same free of charge, or to make or take copies or extracts therefrom, shall be liable to a penalty not exceeding Twenty pounds.

57.

2° EDWARDI VII., No. 33.

Goldfields Water Siepply.

Rateable value. 58.

THE net annual value set against all rateable land in the rate book shall, subject to appeal as hereinafter provided, be the rateable value thereof for the year beginning on the first day of January last preceding.

Rate book may be 59.

THE Board may from time to time amend the rate book by inserting the particulars of any rateable property omitted there- from, or by substituting for the name of any person erroneously inserted as the owner or occupier of any land the name of the true owner or occupier, and by correcting any error that may need rectification.

amended.

Notice of amendment60. WITHIN fourteen days of any such amendment, the Board

to be given, shall cause notice to be given to every person affected by the same,

and every such person shall have the same right of appeal from such amendment as he would have had if the amendment had appeared in the rate book as made up.

Board may use pre- 61. THE Board may, instead of causing a new rate book to be

year,, rate made up in any year, use the rate hook of the last or any previous

TiOUS

book. year, with such alterations and additions as may appeal- necessary.

2. Appeals.

Grounds of appeal 62. ANY person may appeal against any valuation in the rate

against assessment. book, or any alteration thereof or addition thereto ; but no appeal shall be allowed when the valuation does not exceed the current valuation of the same land by the local authority.

Appeals, how made 63.

APPEALS shall be made to the Board, and from the decision of the Board there may be a further appeal to a Local Court having jurisdiction within the water area._ as hereinafter provided.

(i.) EVERY appeal to the Board shall be by notice

setting out the grounds of appeal, in the form or to the effect- of the

Second Schedule.

Appeals to the Board. 64.

(2.) The notice of appeal shall be given to the chairman or secretary to the Board within one month after publication of notice of the making up of the rate book, or of the receipt by the appellant of notice of an amendment thereof..

(3.) No appeal shall be entertained unless the appellant deposits in the hands of the chairman or secretary the amount of the rates then due and payable in respect of the valuation com- plained of.

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

(4.) Notice of the day appointed by the Board for the hearing of such appeal shall be given to the appellant six days at least before the day of hearing, in the form or to the effect of the Third Schedule.

65. EVERY appeal to a Local Court from the decision of A to the tdteee ocal

the Board shall be commenced by notice setting out the grounds court from

ions

of the appeal, in the form in the Fourth Schedule or to the like of the Board.

effect

The notice shall, within ten days after the decision appealed from, be served on the chairman or secretary to the Board and the clerk of the Local Court.

The appeal shall come on for hearing at the sitting of the Local Court next after ten days from the service of such notice on the clerk of the Local Court.

66.    (f.) ON the hearing of all appeals, the rate book shall be Court may order

produced ; and the Board, or the Local Court on appeal from the costs. make such order as shall be just, and shall cause any alterations or additions occasioned by such order to be made in the rate book by the chairman or secretary of the Board, if the appeal is to the Board, or by the clerk of the Court, if the appeal is to the Court.

(2.) On any appeal to the Local Court, the Court may make such order as may seem just for the payment of the costs of the appeal, and may determine the amount of such costs ; and payment of the same may be enforced in the same manner as a judgment of the Local Court.

67. THE decision of the Local Court on any appeal shall be Decision of Court

final. final.

3. The Making of Rates.

WATER rates may be made in respect of all land, whether actually occupied or not, situated wholly or partly within one

Land subject to

water rate.

hundred yards of any main or other pipe from which the Board is

prepared to supply water.

68.

A WATER rate shall not in any one year exceed Two shillings in the pound on the annual rateable value of the land rated. Amount of rate.

69.

EDWARD' VII., No. 33.

Goldfields grater Supply.

But the Board may make and levy a minimum rate of the prescribed amount upon any land the annual rate of which would not exceed One pound.

WHENEVER any rate is ordered by the Board to be made and levied, the chairman shall. on a vacant page of the rate hook, to be left blank for the purpose, enter a memorandum of such order, and shall sign the same, and cause notice thereof to be pub- lished in the Government Gazette and a newspaper usually circulating in the water area.

Manner of making 70.

rate.

On the publication of such notice, the said rate shall, subject to any by-law as to the time and mode of payment, become due and payable by the occupier or owner of the land rated as hereinafter provided.

Gazette evidence of 71. THE production of a copy of the Government Gazette con-

striking of rate.

taining a notice of the striking of a rate shall be conclusive evidence

of the due striking, making, and publication thereof.

PART VII.—PAYMENT OF RATES AND FOR WATER SUPPLIED.

Water rates. when 72. WATER rates shall be payable in advance in accordance

payable. with the by-laws for the time being.

73. PAMENT for water supplied or agreed to be supplied Y

Payment f or

'at" by measure shall become due and shall be ma-de at the times and

supplied by measure.

in manner prescribed.

Payment by measure74. W FI ERE water is supplied by measure to the owner or

when land rated. occupier of land rated under this Act, all water in excess of the

prescribed quantity which the owner or occupier is entitled to receive in respect of the rate shall be paid for by him at the prescribed price.

75.

(i .) IF any person liable to pay money due for rates or for water supplied by measure under the provisions of this Act fails to pay the same for the space of fourteen clays after demand thereof made, in writing, by the secretary or any authorised collector, the chairman may issue his warrant for levying the amount with costs,

Recovery of rates

by distress.

by distress and sale of the goods and chattels found on the land in

respect of which the money is clue, in accordance with the law for

the time being relating to distress for rent.

(2.) A warrant of distress may he in the form or to the effect

of the Fifth Schedule.

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

(3.) The chairman may include in any one warrant any number of persons liable to pay rates.

(4.) The fees prescribed in the Sixth Schedule shall be payable on every distress.

ANY person appointed by the Board as their bailiff for the purpose of levying rates, or money due for water supplied, byltiiff

on mwarthosuel: by

distress and sale, shall have power and authority to sell by public license.

auction any goods and chattels seized under warrant of distress

without taking out a license as an auctioneer.

76.

INSTEAD of proceeding by distress and sale, or in case no sufficient distress can be found on the premises, the Board may , or Recovery action by

77.

complaint.

fourteen days after demand thereof, in writing, by the secretary or any authorised collector, and notwithstanding any change of occu- pation or ownership, recover any money due for rates or for water supplied by measure from the occupier or owner for the time being of the land in respect of which the money is due, by complaint before two Justices, or by action in any Court of competent jurisdiction.

IN any action or other proceeding against the owner of land for the recovery of money due for rates or water supplied, it	In action against
owner, proof of de. mend on occupier
shall not be necessary to prove service upon the occupier of any	not necessary.
demand for payment.

78.

ANY unsatisfied judgment or order of any Court against any person for the recovery of money due for rates or water supplied	Persons liable may
be resorted to in
shall not be a bar to the recovery thereof from any other person	succession.
liable under the provisions of this Act to the payment thereof.

79.

IN any proceeding to levy and recover or consequent on the levying or recovering of any rate under the provisions of this

Rate books to be

evidence.

Act, the rate book of the Board, and all entries purporting to be made therein in manner by this Act directed, by the production thereof alone, or a certified copy thereof or extract therefrom signed by the chairman and sealed with the seal of the Board, shall be

prima facie evidence of such rate and of the contents thereof, without

any evidence that the notices required by or other requirements of

this Act have been given or complied with.

80.

(1.) WHEN the owner of any land has paid any money due for rates or water supplied, which, as between the owner and occu-

Recovery of rates

paid by owner from

pier, should have been paid by the occupier, the owner may recover

occupier.

the sum so paid on demand from the occupier as arrears of rent

could be recovered from the occupier by the owner.

81.

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

Recovery of rates	(2.) When the occupier of land has paid any money due for owner, should have been paid by the owner,' the occupier may deduct the amount paid from any rent due or to become due to the owner, or may recover the amount from the owner in any Court of competent jurisdiction.
paid by occupier	rates or water supplied, which, as between such occupier and the
from owner.

Apportionment of 82. WHEN an occupier or owner ceases to be the occupier or

rates between owner of the land in respect of which a rate is made, before the end

successive owners or of the period in respect of which such rate was made, such occupier

occupiers.

or owner shall, as between himself and the succeeding occupier or owner, be liable to pay a portion only of the rate payable for the whole of such period proportionate to the time during which he continued to be the occupier or owner.

Any person who is the occupier or owner of the land during the remainder of the period shall, as between himself and the pre- ceding occupier or owner, be liable to pay a portion of such rate in proportion to the time during which he is such occupier or owner.

But any rate made in respect of such property, and any money due for water supplied, shall continue in force, and may be recovered by the Board, from the owner or occupier for the time being, without regard to any change in the occupation or ownership.

Premises may be sold 83. (t.) IF money due for rates or water supplied under this

for arrears of rates,

Act remains unpaid for the term of twelve months in respect of

etc., remaining un-

paid for twelve

any land, the Board may cause a notice, in the form of the Seventh

months.

Schedule, to be published in the Government Gazette, and in a newspaper usually circulating in the water area district, three times, at intervals of not less than one week between any two publications.

(2.) If the money due and expenses are not paid at or before the expiration of the time specified in such notice, the Board may present a petition to the Supreme Court, stating the imposition of the rate on the said land, the supply of water (if any) and amount due for the same, the non-payment thereof, and the publication of the notices aforesaid.

(3.) Any Judge of the Supreme Court, on being satisfied of the proof of such circumstances, shall order the said land or such part thereof as may be deemed sufficient to satisfy the money due, expenses, and costs to be sold by some person to be named in such order by public auction, and the proceeds of such sale (after deducting the expenses thereof) to be paid to the Registrar of the Supreme Court.

(a.) The Registrar, on receiving the same, shall, out of such

moneys, pay to the Board the amount due as aforesaid, and of all

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

rates imposed on such land and due in respect thereof up to the day of such sale, and all expenses and costs incurred by the Board in the proceedings, and shall hold the surplus (if any) in trust for such person or persons as may prove himself or themselves entitled to the same.

(5.) The Judge may, at the time of making any such order, give any directions that he may deem proper touching the time and place of such sale, and the notices to be given thereof.

(6.) No neglect of any of such directions shall in anywise invalidate any such sale ; but the person or persons neglecting the same may be ordered by the said Court to make compensation, to be assessed as the said Court may direct, to any person injured by such neglect.

form in the Eighth Schedule, made out by the person directed in certificate of sale. (7.) A certificate of sale of any rateable land, according to the

the order of Court to sell the same, shall be given to the purchaser ; and the Registrar of Titles, the Under Secretary for Lands, or the Under Secretary for Mines, as the case may be, on production of the said certificate, and of an office copy of the said order, and on payment of the proper fees, shall register the certificate of sale in like manner as a transfer of the land, and issue to such purchaser a certificate or other instrument of title free from all encumbrances.

84. ANY person ordered to sell any such land as aforesaid Person ordered to

may act as an auctioneer in respect of any such sale, without any sell need not have

license authorising him so to act. auctioneer's license.

PART VIII.—BoaRowiNo POWERS.

85. THE Board may, with the approval of the Governor, Power to borrow

borrow money— money.

(a.) For the construction of works for the distribution and

supply of water within the water area ;

(b.) To liquidate the principal moneys due on any previous

loan to the Board ;

(c.) For any other purpose approved by the Governor.

86. SUCH money may be raised by the issue of debentures.	Debentures.
87. DEBENTURES issued under this Act may be in the form	Form of debentures.

of the Ninth Schedule, or to the effect thereof, and shall be numbered

consecutively.

2° EDWARDI VII., No. 33.

Goldfields IT "titer Supply.

88.       EVERY debenture shall be repayable at a place and time

Repayment of de-

bentures.

therein named, such time being not longer than thirty years from

the issue thereof.

THE interest on every debenture shall be payable half- yearly or otherwise, and separate coupons for each sum so payable, bearing the same number as the debenture, shall be annexed thereto.

89.

P

Payment of interest.

Debentures and 90.

DEBENTURES and coupons respectively shall be trans- any such debenture or coupon of the sum named therein shall discharge the Board of all liability in respect of such debenture or coupon.

coupons transferable	ferable by delivery, and payment to any person in possession of
by delivery.

Debentures and 91. ALL debentures and the interest thereon shall be a charge

interest a charge on	upon the works constructed by the Board under the authority of
property and re-
venues of Board.	this Act, and upon the revenues of the Board.

Sinking fund to be 92. BEFORE raising any loan, the Board shall make provision

created. for the repayment thereof by the creation of a sinking fund.

Appropriation of 93. FOR such purpose the Board may, with the approval of

revenue for sinking	the Governor, permanently appropriate any part of the revenues of
fund.	the Board.

ALL moneys so appropriated. as a sinking fund, and all interest accruing thereon, shall be invested by the Colonial Treasurer in the joint names of the Colonial Treasurer and the Board, in such securities as the Colonial Treasurer may think fit.

94.

Investment	of
ing fund.

Accumulated sink- 95. THE accumulated sinking fund shall be applied in payment

ing fund to be	of the principal of the loan when the same becomes payable, or may
applied in payment
of loan.	be applied from time to time in the redemption of debentures issued.

Savings Bank funds 96. THE Colonial Treasurer, with the authority of the

may be invested in	Governor, may invest Post Office Savings Bank funds in debentures
debentures.	issued by the Board under the authority of this Act.

Advances to the 97. THE Colonial Treasurer may, out of any money appro-

Board by Colonial	priated by Parliament, advance money to the Board for the pur-
Treasurer.	poses of this Act.

Repayment of 98. SUCH advances shall be repaid' by the Board at such

advances.

times, and with or without interest, as may be agreed upon between

the Colonial Treasurer and the Board.

2° EDWARD' VII., No. 33.

Goldfields Water Supply.

PART IX.—ACCOUNTS AND AUDIT.

99. ALL rates and other moneys levied and collected by the Collection of rates,

Board— etc.

(1 .) Shall be collected and received by them or their authorised officers for the use of His Majesty, and paid into the Treasury to the credit of an account to be called the Goldfields Water Supply Board account ; and

(2.) Shall be chargeable with all lawful expenditure of the Board, and with the contribution to any sinkinrilind created in respect of any loans raised by the Board.

(3.) The balance shall be applied as the Governor may direct,

and, in the absence of any direction, shall be carried to

the Consolidated Revenue Fund.

100. ALL drafts upon the Treasury for expenditure by the Expenditure.

Board shall be by orders signed by two members of the Board, one of whom shall be the chairman or acting chairman, and countersigned by the secretary.

101. THE Board shall cause books to be provided and kept, and true and regular accounts to be entered therein of all sums received and paid by them under this Act, and of the several purposes for which such sums shall have been received and paid. Accounts.

102. THE Board shall cause their accounts to be balanced Accounts to be

twice in every year to the thirtieth day of June and the thirty-first balanced.

day of December, or such other dates as the Governor may direct.

103. (r.) ALL such books shall be open to the inspection Books may be in-

of the Auditor General, and any person authorised by the Minister spoofed.

or Auditor General to inspect the same, and all such persons may

take copies or extracts therefrom.

(2.) Any clerk or other person having the custody of the books who does not, on demand, permit any person as aforesaid to examine the said books, and take such copies or extracts therefrom, shall forfeit and pay for every such offence a sum not exceeding Five pounds.

104. THE accounts of all moneys received and disbursed by Accounts to be

powers conferred on him by the Audit Act, 1891, and any amend-

the Board shall be audited at least twice in every year by the audited and

ment thereof.

2° EDWARD' VII., No. 33.

Goldfields Water Supply.

The Board shall, twice at least in every year, furnish to the Governor a true copy of the accounts so audited as aforesaid, together with a particular statement of all moneys received by the Board, and of all expenditure incurred by them.

Copies of such accounts and of such statement shall be laid before both Houses of Parliament, if then sitting, or if not then sitting, at the next ensuing session thereof.

PART X.—BY-LAWS AND GENERAL PROVISIONS.

Power to make by- 105. THE Board may, subject to the provisions of this Act,

laws.

make, alter, and repeal by-laws with respect to the following

matters :—

Regulating business .) The general conduct of their business and proceedings.

of Board. (2.) The control, supervision, guidance, and duties of their

Duties of officers. officers and servants.

Construction and use (3.) The construction, maintenance, repair, management, and

of works. use of the works and other property of the Board.

Protecting water Protecting the water, and the works, pipes, and fittings

and works. from trespass and injury.

Preventing waste, Preventing and remedying the waste, misuse, undue con-

etc. sumption, fouling, or contamination of water contained in or supplied from the works or otherwise under the control of the Board.

Rates.	Making, levying, and collecting rates and fixing a minimum rate to be paid in respect of land under a prescribed value.
Quantity of water.	Prescribing the quantity of water which a consumer may

take in respect of any rates paid for any given period.

Scale of charges for Prescribing scales of charges for water supplied by

water supplied by	measure, and the minimum quantity of water to be
measure.	charged for, and the rent for the use of meters.

Repair of fittings. Compelling persons using water supplied by the Board

to keep their pipes and fittings in proper repair.

Prohibiting altera- Prohibiting any alteration of or interference with any

tion of fittings. meter, pipes, or fittings without the consent of or notice to the Board ; and prohibiting the sale by any person to whom water is supplied by the Board, of water so supplied, except with the authority in writing of the Board.

Enabling Board to (I 1.) Enabling the Board to repair such pipes or fittings so as

repair fittings at	to prevent waste of water, and to recover the cost of
cost of consumer.	such repairs from the owner or occupier of the land.

2° EDWARD' VII., No. 33.

Goldfields Water Supply.

(12). Prohibiting any mode of arrangement', and the use of any An

fittings which may, in the opinion of the Board, cause or Arrangement of

tend to cause waste, misuse, undue consumption, fouling, fitbianT

or contamination of the water.

(t3). The inspection of all pipes, fittings, and meters. Inspection.

(1 4.) Licensing competent persons to perform work in con-	nection with meters, pipes, and fittings ; the cancelling Licensing plumbers.
of such licenses, and prohibiting any other than licensed persons from fixing, altering, or repairing meters, pipes, or fittings, connected with the works of the Board.

(15.) Prescribing forms to be used for the purposes of this Act.	Forms.
(16.) And for any other purposes relating to the administration

of this Act and the exercise of the powers vested in the Generally.

Board.

106. EVERY by-law

Penalties for breach

(i.) May impose a penalty not exceeding Twenty pounds for of by-laws.

the breach thereof, and, in the case of a continuing breach, a further penalty not exceeding Five pounds for each day the offence continues after notice thereof has been given by or on behalf of the Board to the offender; and

(2.) May provide that, in addition to the penalty, any expense incurred by the Board in consequence of the breach of such by-law shall be paid by the person committing such breach.

107. EVERY by-law shall, upon approval by the Governor

and publication in the Government Gazette, have the force of law ; proved by the Gov-- B laws to he

and shall be laid before both Houses of Parliament within fourteen crier and published in Government

days after such publication, if Parliament is then in session, and if 'Gazette.

not, then within fourteen days after the commencement of the next

ensuing session.

108. ALL notices and demands under this Act may be in Notices.

writing or in print, or partly in writing and partly in print.

109. (i.) ANY notice or demand required by this Act to be Notices and de.

given to or made upon any person may be served— mands, how served.

(a.) By delivering the same to such person ;

(b.) By leaving the same at Es usual or last-known

place of abode;

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

(c.) By forwarding the same by post in a prepaid

letter addressed to such person at his usual or last-

known place of abode.

When deemed to (2.) A notice or demand forwarded by post shall be deemed

have been given.

to have been given or made and to have been received at the time

when, by ordinary course of post, the letter would be delivered.

(3.) When a notice or demand under this Act is required to unknown to the Board, it shall not be necessary to name such owner or occupier, and such notice or demand may be served by placing it on some conspicuous part of the land of such owner or occupier, and by publishing it three times at intervals of not less than a week between any two publications in a newspaper usually circulating in the district.

When name of owner

or occupier unknown. be given or made to any owner Or occupier whose name or address is

Service on corpora- (4) A notice or demand may be served on a corporation, or

ncorporated company, or the members of a partnership, by being delivered, left, or posted in a prepaid letter ; the notice or demand being addressed in each case to the corporation, company, or partner- ship at the principal office or place of business thereof in the State. incorporated

ALL notices and demands duly given to or made upon

Notices binding on 110.

persons claiming	any owner or occupier shall be binding upon all persons claiming
under owner or
occupier.	by, from, or under such owner or occupier.

EVERY order, summons, notice, or other document

Notices may be 111.

authenticated by	requiring authentication by the Board may be sufficiently authenti-
signature of chair-	cated without the common seal of the Board, if signed by the
man without seal.	chairman.

112.      ANY summons or notice, or any writ or other proceeding

Service on Board.

requiring to be served upon the Board, may be served upon the

chairman or secretary of the Board.

THE institution of any proceedings, or the conviction of

Saving of civil 113.

remedy. any person for any offence against this Act, shall not affect any remedy which the Board or any person aggrieved may be entitled to in any civil proceedings.

WHEN any water supplied under this Act has been value thereof, as a debt due to them by the person who wasted; misused, or unduly consumed the same, and the remedy given by this section shall be additional to any other remedy which the Board may possess, and to the liability to any penalty which such person has incurred.

114.

Recovery of value of water misused, etc. wasted, misused, or unduly consumed, the Board may recover the

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

115.      EVERY person who obstructs the Board, or any member Obstructing Board

any act or thing which they are respectively authorised or required formance of duty.

thereof, or any person employed by the Board in the performance of or officers in per-

to do in the execution of this Act or any by-law made thereunder,

shall be liable to a penalty not exceeding Twenty pounds.

116.      ANY officer of the Board may, without warrant, arrest O ffender may be

any person found committing an offence against this Act or any arrested.

by-law thereunder, if the offender refuses to give his name and

address.

117.      ALL penalties and forfeitures incurred under this Act or

any by-law made thereunder, may be recovered summarily lugs for offences and before summary proceed-

any two or more Justices of the Peace in the manner provided by the recovery	of penalties.
Justices Act, 1902, on the complaint of the Board or any officer or servant of the Board.

118. , ALL penalties and forfeitures recovered under this Act,

or any by-law thereunder, shall be paid to the Board, and theskno- penalties.

coeds are hereby appropriated for the purposes of this Act.

Application of

119.      IN any proceeding in any Local Court or Court of Petty Board maybe

Sessions, or before any Justice, the secretary or any other officer of the represented by

Board appointed by the chairman in writing under his hand ma y secretary or other

represent the Board in all respects as if lie were the party concerned. officer. '

(I.) ALL actions to be brought against the Board, or any

person, for anything done, or purporting to have been done, under commissioners

this Act shall be commenced within six months after the act coin- officers.

plained of was committed.

120.

. (2.) Notice in writing of the intended action, and the cause thereof, shall be served upon the Board, or the person against whom the action is to be brought, at least one month before any process is issued, with the name and place of abode of the party intending to bring such action.

(3.)

(a.) Tender of sufficient amends has been made before such

process is issued; or

(b.) The matter complained of appears to have been done under the authority and in the execution of this Act ; or

(c.) Such action is brought after the time limited for

bringing the same ; or

(d.) Such notice is not given as aforesaid,

judgment shall be given for the defendant with costs.

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

Books of Land Titles 121. ANY person appointed under the hand of the chairman

and other offices may of the Board may, for the purposes of this Act, search the public be searched without registers of the office of Land Titles and Registry of Deeds, or anyfee.

office of the Department of Lands or of Mines, without payment of

any fee.

122. ALL lands and works vested in or under the management e

Prop rty of Board not to be taxed. and control of the Board shall be exempt from any rate, tax, or

imposition which any local authority might, but for this section,

lawfully levy and impose.

Proof of ownership 123. IN any legal proceedings under this Act, in addition to

or occupancy. any other method of proof available,—

Evidence that the person proceeded against is rated as

owner or occupier of any land ; or

Evidence by the certificate in writing of —

(a.) The Registrar of Deeds, or his deputy, that any person appears from any memorial of registration of any deed, conveyance, or other instrument to be the owner of any land ; or

(b.) The Registrar of Titles, or any assistant or deputy registrar, that any person's name appears in any register book kept under the Transfer of Land Act, 1893, as proprietor of any land; or

(c.) The Under Secretary for Lands or the Under Secretary for Mines, that any person is registered in the Department of Lands or of Mines as the occupier or lessee of any land

shall, until the contrary is proved, be evidence that such person is the owner or occupier, as the case may be, of such land.

Minister for Works 124. (i.) UNTIL the appointment of a Board under this Act,

may exercise powers	the Minister for Works may, within the water area, exercise all the
of Board pending
appointment.	powers conferred by this Act upon the Board; and
(2.) The Minister for Works may at all times exercise all the powers of a Board duly appointed under this Act, except the making and levying of rates, with respect to all works constructed under the Coolgardie Goldfields Water Supply Construction Act, 1898, which for the time being are outside the water area.
And outside water
area.

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

to this Act.

E. A. STONE, Administrator.

2° EDWARDI VII., No. 33.

Goldfields Water Supp ly.

First Schedule. Section 51.

THE GOLDFIELDS WATER SUPPLY ACT, 1902.

RATE BOOK.

Other Names Description

Surname of person of person Trade or Name of and situation Net AMMO. Amount of

rated. Occupation. Owner. of rateable value. rate.

rated. property.

Second Schedule. Section 64.

THE GOLDFIELDS WATER SUPPLY ACT, 1902.

To the Chairman of the Goldfields Water Supply Board.

Take notice that I appeal against the valuation in the Rate Book in respect of the undermentioned property, on the grounds stated.

Land Rated ;

Grounds of Appeal :

Dated the day of , 19 .

(Signed)

Name

Address

Third Schedule.

Section 64.

THE GOLDFIELDS WATER SUPPLY ACT, 1902.

Notice is hereby given that the Board have appointed the day of

, 19 , at o'clock in the noon, at the Office of

the Board at to hear the undermentioned appeals

from the valuation in the Rate Book for the year 19 .

APPEALS.

2° EDWARDI VII., No. 33.

Goldfields Water Supply.

APPEALS.

Dated cla y of , 19 .

Chairman.

Section 65. Fourth Schedule.

THE GOLDFIELDS WATER SUPPLY ACT, 1902.

NOTICE OF APPEAL FROM THE BOARD TO THE LOCAL COURT AGAINST VALUATION. To the Chairman of the Goldfields Water Supply Board and the Clerk of the

Local Court, holden at

Take notice that it is my intention to appeal from the decision of the Board

in the matter of the valuation of the undermentioned laud, to the Local Court

holden at on the day of 19 .

Description of Land

Grounds of Appeal ;

Dated the day of 190 .

(Signed)

Name

Address

Section 75. Fifth Schedule.

THE GOLDFIELDS WATER SUPPLY ACT, 1902.

WARRANT OP DISTRESS.

To and his assistants.

Whereas the persons whose names appear in the Schedule are liable to pay to the Goldfields Water Supply Board the amount of rates or for water supplied set opposite their names, in respect of the land stated, and demand for payment thereof has been made in accordance with "The Goldfields Water Supply Act,

2° EDWARD' VII., No. 33.

Goldfields Water Supply.

1902," and default has been made in payment. These are therefore to authorise you to make distress of the several goods and chattels in the first place of the persons named in the Schedule, if resident on the land, and having any goods and chattels there, and in case of change of occupation, then upon the goods and chattels of any person who is the occupier in possession of the premises at the time of the execution of this warrant, and if, within five days next after the making of any distress under this warrant, the several sums so distrained for, including any lawful charges for levy, inventory, sale, commission, and delivery of goods in each case are not paid, then that you do sell the said goods and chattels so by you discrained, and out of the money arising by such sale you retain the respective sums so due and owing according to the said Schedule, and render to the parties respecting whose goods you have sold, the surplus (if any), and that

you certify to me on or before the	day of
what you have done by virtue of this warrant.

Schedule.

1 Amounts payable for

Names of Ratepayers. Description of Lands rated. Rates or water

supplied.

Given under my hand this day of , 19

Chairman.

Sixth Schedule.

Section 75.

SCALE OF FEES ON DISTRESS FOR RATES.

Warrant (each person)	•	One shilling.
Levy...	••	Five shillings.
For man in possession	One shilling an hour for first three hours, and if longer detained, eight shillings a day or part of a day, together with actual travelling expenses.

For inventory, sales, commission, and delivery of Not exceeding One shilling

goods

in the pound on proceeds

of sale.

Seventh Schedule.

Section 93.

THE GOLDFIELDS WATER SUPPLY ACT, 1902.

Notice.

By virtue of the provisions of "The Goldfields Water Supply Act, 1902," notice is hereby given to all parties interested that the sum of has now been due and unpaid for twelve months in respect of rates made and

assessed [or for water supplied] by the Goldfields Water Supply Board upon [or to] [here describe the land], and payment of the said sum is .now required ;

2" EDWARDI VII., No. 33.

Goldfields Water Supply.

and the owner of the said property, and all other persons interested therein, are

hereby warned that in default of pa yment of the said sum of Al

together with all expenses caused by the non-payment of the same, on or before the day of , 19 , to [the person appointed by the Board to receive the same], a petition will be presented by the said Board to the Supreme

Court, praying the said Court to order the said property, or a competent part thereof, to be sold, pursuant to the provisions of the said Act.

Dated this day of , 19 .

(Signed)

Chairman of the Board.

Section 83, Eighth Schedule.

---

THE GOLDFIELDS WATER SUPPLY ACT, 1902.

Certificate of Sale.

Whereas, by an order of the Supreme Court, dated the day of,

, 19 , it was ordered that [here describe the property ordered to be sold]

should be sold by public auction by me, the undersigned, and the proceeds of such sale be dealt with as in the said order mentioned: Now 1, the under- signed, do hereby certify that the said property was put up for sale by public auction on the day of , 19 , and that of became the purchaser thereof for the sum of £

In witness whereof I have hereto set my hand this day

of , 19 .

(Signed)

Section 87. Ninth Schedule.

---

THE GOLDFIELDS WATER SUPPLY ACT, 1902.

No. Debenture £

(Total Issue S ).

Issued by the Goldfields Water Supply Board, Western Australia.

TRANSFERABLE BY DELIVERY.

This Debenture was issued by the Goldfields Water Supply Board of Western Australia, and is to secure to the bearer the principal sum of

pounds, payable on the day of 19 .

Interest on such principal sum at the rate of pounds pe/ cent um

per annum is payable in the meantime by half-yearly payments on the

day of , and the day of in every year, and a coupon

is annexed for each payment, which entitles the bearer of such coupon thereto.

Such principal sum and interest are payable at , and are charged on the property and revenues of the said Board,. and are not-otherwise secured.

Dated the day of , 19 .

[SEAL]

(Signed)

Chairman of the Board.

Member of the Board.

Secretary.

By Authority : Wm. ALFRED WATSON, Government Printer, Perth.