Hunter District Water and Sewerage Act Amendment Act 1897 (NSW)
Act No. 14, 1897.
An Act to amend the Hun te r District Wate r Supply and Sewerage Act of 1892, the Country Towns and Hun te r District Wate r Supply and Sewerage Acts Amendment Act of 1894, and the Hun te r District Wate r Supply (Partial Duplication) Act, 1895 ; and for other pur
poses. [13th November, 1897.]
BE it enacted by the Queen ' s Most Exce l l en t Majesty , by and with
t he advice and consent of t h e Legis la t ive Council and Legislat ive
| Assembly of | N e w South W a l e s | in | Pa r l i amen t assembled, and | by t h e |
au thor i ty of t h e same, as follows :—
P A R T I .
Preliminary, Repeal, and Interpretation,
1. This A c t m a y be cited as the " H u n t e r Dis t r ic t W a t e r and "
| Sewerage A c t | A m e n d m e n t | Act, | 1897 ." |
I t s enac tmen t s are a r ranged under the following P a r t s :—•
P A R T I .—Pre l iminary , Repeal, and Interpretation—ss. 1 -1 .
P A R T I I . — Validating—s. 5.
P A R T I I I . — 1 . Ratable property—ss. 6 -8 .
2. Assessment for rating purposes—s. 9.
3. Appeal from assessments—ss. 10, 1 1 . 4. Making of rates—ss. 1 2 - 1 9 .
5. Recovery of rates—ss. 2 0 - 3 1 .
6. Power to deal with ratable property for arrears
of rates—s. 35 .
P A R T IV.—Sta tements of expenditure and accounts—ss. 3 6 - 4 1 .
P A R T V . — Construction of works—ss. 1 5 - 1 6 .
P A R T VI.—Miscellaneous provisions—ss. 4 7 - 5 1 .
2. I n this Act , except where t h e subject m a t t e r or con tex t or
o ther provisions thereof requ i re a different construct ion, t he following t e rms in inver ted commas shal l have t he respective mean ings here in after assigned to t h e m ( tha t is to say) :—
" Cur ren t y e a r " w h e n appl ied to any m a t t e r of assessment, r a te , or account means t h e year commenc ing the first day of
J u l y and end ing t h e t h i r t i e th day of J u n e n e x t following.
" H u n t e r
" H u n t e r Distr ic t W a t e r and Sewerage Acts , 1 8 9 2 - 1 8 9 7 , " means
t h e H u n t e r Dis t r ic t W a t e r Supply a n d Sewerage A c t of
1892, and so m u c h of t h e Coun t ry Towns and H u n t e r Dis t r ic t
W a t e r Supp ly and Sewerage Acts A m e n d m e n t A c t of 1891 as amends t he f irst-mentioned Act , t h e H u n t e r Dis t r ic t W a t e r
Supply (Pa r t i a l Dupl ica t ion) Act , 1895, and this Act .
" L a n d " includes messuages, lands , t enements , and he red i t aments of any tenure .
" O w n e r " means the person for t h e t ime being ent i t led to receive t he r en t s and profits of t he p roper ty in reference to which the word is used, w h e t h e r on his own account or as agen t , t rus tee , or a t torney, or who would be so enti t led if such proper ty
were let .
" Premises " means and includes any house, any publ ic or pr ivate bu i ld ing whatsoever , or any par t thereof, a n d any garden, stable, or other offices used in connect ion the rewi th , or any p a r t thereof, any shop, store, warehouse, church , chapel , concer t - room, hospital , t hea t re , manufac tory , workshop, engine-house, cowshed, pr ivy, or o ther erect ion whatsoever , any rai lway or t r a m w a y lines, any wharf, pier, or j e t ty , and
t h e land used in connect ion the rewi th or a p p u r t e n a n t there to .
" P r e s i d e n t " " v i c e - p r e s i d e n t " and " s e c r e t a r y " m e a n respectively t he president, vice-president , and secretary of the Board.
" P r i n c i p a l A c t " means t he H u n t e r Dis t r ic t W a t e r Supply and
Sewerage Ac t of 1892.
" P r o p e r t y " means land, whe the r vacan t or otherwise, a n d premises.
" Vacan t land " means unoccupied land which is no t bu i l t u p o n or cul t ivated, and which is not a p p u r t e n a n t to or used or in connect ion wi th any premises, whe the r such land be used for t h e purpose of depas tu r ing ca t t l e the reon or not.
3. On the commencemen t of th i s A c t t h e following enac tmen t s ,
t h a t is to say—section th i r ty , subsections (VI) and (VII) of section thir ty-f ive, section th i r ty -s ix , subsect ion (II) of section fifty-three, sections s ixty-nine, n inety , n ine ty- three , ninety-four, ninety-five, one h u n d r e d a n d twenty-n ine , one h u n d r e d and th i r ty , and one hund red and sixty-five of t h e Pr inc ipa l Act , and section four and so m u c h of section six of t he Count ry Towns and H u n t e r Dis t r ic t W a t e r Supply
a n d Sewerage Ac t A m e n d m e n t Act of 1891, as amends t h e Pr inc ipa l
A c t shal l be repealed.
4. N o t h i n g here in contained, excep t as here inaf ter expressly
provided, shall affect t h e val idi ty of any proclamat ion , assessment, bond, act , deed, ma t te r , or t h i n g lawfully made , executed, or done u n d e r or by v i r tue of t he said repealed enac tments , or of any by-laws
or
| or regula t ions | lawfully m a d e in pu r suance | of such | enac tmen t s , or |
| p r e v e n t | a n y pena l ty be ing | imposed, enforced, | or recovered, or | a n y |
| p u n i s h m e n t | be ing | inflicted | for | a n y | offence | heretofore | commi t t ed |
against any of t h e said enac tmen t s , by-laws, or regula t ions .
P A R T I I . Validating.
5. No twi th s t and ing a n y t h i n g conta ined in t he Pr inc ipa l Ac t ,
| t h e by-laws of t he Board publ ished in t he Gaze t te on t h e | four teen th |
day of September , one thousand e ight h u n d r e d and n ine ty- two, shall be deemed to have had and to have the same force and effect for t h e recovery of all rates , charges , and sums of money the reby imposed a n d m a d e payable as if t h e same had been made before and publ ished in t he Gazet te on the first day of J u l y of t he said year .
P A R T I I I . Ratable property. 6. Subject to t he provisions of section sixty-four of t h e P r inc ipa l
Ac t , t he ra tes for water, and all sums duo to t he Board in respect of wa te r supply m a y be enforced and recovered in respect of all p roper ty s i tuated as hereinaf ter described :—
(a) W h e r e proper ty has f ron tage to, or abu t s on, a s t reet or publ ic h ighway , a long which, t h r o u g h o u t the whole l eng th of such frontage, a water -p ipe of t he Board is laid, so m u c h of t he p roper ty as is s i tuate wi th in a dis tance of four h u n d r e d and forty yards from the water-pipe shall be subject to t h e ra te , a l t hough the proper ty m a y not be ac tua l ly supplied wi th wa te r
from any main or condu i t : (b) W h e r e proper ty has frontage to or abu ts on a s t reet or publ ic h ighway along which t h r o u g h o u t pa r t of t h e l eng th of such frontage a water-pipe of t he Board is laid, so m u c h of t h e proper ty as is s i tuate wi th in a d is tance of four h u n d r e d a n d forty yards from the water-pipe measured in a direction a t r i gh t angles to such pipe shall be subject to t he ra te , a l t h o u g h
t h e p roper ty m a y no t be ac tua l ly supplied wi th wa te r from
any m a i n or c o n d u i t : (c)
W h e r e proper ty has no f rontage to a s t reet or publ ic h i g h w a y a long which a water -p ipe of t he Board is laid, b u t a m a i n or service-pipe is laid to some pa r t of the proper ty , so m u c h of t h e p roper ty as is s i tuate wi th in four h u n d r e d and forty
I) ya rds
yards from the water-p ipe laid in t he s t reet or publ ic h igh way, measured in a direction at r i gh t angles to such pipe, shall be subject to the ra te , a l t hough the p roper ty may not be
ac tual ly supplied wi th water from any ma in or c o n d u i t :
Provided tha t any proper ty otherwise ra table under subsections (a) and (b) hereof shal l be e xempt from the ra te if such proper ty cannot be supplied wi th water from a s tand-pipe a t least th ree feet in he igh t from t h e n a t u r a l surface of t he ground a t the bu i ld ing line, or, where ra table unde r subsection (c) hereof, from a similar s tand-pipe a t some point on such proper ty .
7. I n any case where proper ty has not a frontage to , or docs not abu t on, a street or h i g h w a y as aforesaid, and the owner or occupier of such proper ty is no t able to obtain t he consent of t h e owner and occupier of t he proper ty in t e rven ing be tween such land and t h e water-pipe to the lay ing of a pipe or dra in t h r o u g h such land to his proper ty or to necessary repairs or a l te ra t ions there to or t he removal
thereof, the Board may upon the appl ica t ion of such f i r s tnamed owner
or occupier en ter upon such in te rven ing property and carry out the work on his behalf and a t his cost, and for t h e purpose thereof t he provisions of section for ty- three of t he Pr inc ipa l A c t shall be app l i cab le ; b u t any a m o u n t which may be paid by or recovered from the Board for compensa t ion as therein provided shall not be recoverable from the appl ican t .
8. N o t w i t h s t a n d i n g a n y t h i n g contained in a n y Act , a l l p roper ty
vested in t he Ra i lway Commissioners of N e w South Wales shall, subject to t h e provisions of t h e H u n t e r Dis t r ic t W a t e r Supply and
Sewerage Acts , 1892-97 , be ra tab le proper ty wi th in t he m e a n i n g of
those Ac t s .
Assessment for rating purposes.
9. (II) The Board shall as soon after t he commencemen t of this
A c t as is pract icable , a n d thencefor th from t ime to t ime , b u t a t least once in every three years, cause an assessment to be m a d e by two
competen t valuers , of w h o m the Assessor to t he Board for t he t ime being shall be one, in the form or to the effect of Schedule A here to of
t h e ne t a n n u a l va lue of all p roper ty , whe the r occupied or not , r a t ab le
unde r the provisions of t h e H u n t e r Distr ic t W a t e r and Sewerage Acts , 1892-97 . Such assessment shall be deemed to have been in force from the c o m m e n c e m e n t of t h e t h e n cu r ren t year, and shall , unless law fully a l tered as hereinaf ter provided, r ema in in force un t i l a fresh assessment is made ; b u t if such assessment is lawful ly al tered, t h e n such assessment as a l te red shall be deemed to have been in force from t h e c o m m e n c e m e n t of t h e year c u r r e n t w h e n t h e a l tera t ion was made , or from the da te of l iabil i ty in t h e case of p roper ty becoming
l iable for ra tes after t h e c o m m e n c e m e n t of t he cu r r en t year.
The
The n e t a n n u a l va lue of t he p roper ty assessed shall bo deter
| mined as | fo l lows :— |
(a) I n respect of vacan t land a t five per c e n t u m per a n n u m on the capi ta l va lue thereof.
(b) In respect of all other land, not included in the definition of premises , a t t he full, fair, a n d average est imated a n n u a l r e n t clear of all outgoings a t which the land would let on a lease of not less t h a n twen ty -one years , or (at t h e option of t he Board) by t he foot f rontage on a bui ld ing or improv ing lease for t he same t e rm. (c) I n respect of premises a t t he a n n u a l ren t a t which the premises m i g h t reasonably be expec ted to le t on a lease unde r w h i c h t h e t e n a n t pays all u sua l or cus tomary t e n a n t s ' ra tes a n d taxes , t he t enancy be ing from year to year or such o ther longer t e n a n c y as t he owner of t he premises would be l ikely to offer for t he purpose of ob ta in ing the best r e t u r n from t h e premises, deduc t ing the probable a n n u a l average cost of insurance , and o ther expenses (if any) necessary to main
t a in t he premises in a s ta te to c o m m a n d such ren t . (d) I n respect of premises such as ra i lway or t r amway lines, piers, wharfs , je t t ies , s tat ions, yards , bui ld ings , and the land used
in connect ion wi th same, a t five per c e n t u m per a n n u m on the capi tal va lue thereof :
| Provided t h a t t h e deduct ions in subsections (b) and (c) for out goings shall not exceed ten per c e n t u m of | t h e | r e n t : |
Provided also t h a t if in t h e opinion of t h e Board t h e va lua t ion
t h e n in force of any munic ipa l council fairly represents t h e ne t a n n u a l va lue of a n y proper ty , t h e n t h e Board m a y adopt such valuat ion
| w i t h o u t caus ing | an assessment to be made under th i s subsect ion. |
(II) The assessment need no t be made jo in t ly by t h e valuers ,
bu t a several assessment by ei ther valuer will be a compliance w i t h
| t h e requ i rements of | th is section. |
(III) Before any assessment is made the person appointed
| to m a k e | i t shall m a k e and subscribe a solemn declarat ion t h a t he will |
| m a k e such assessment impar t ia l ly and t ru ly according to t h e | best | of |
| his j u d g m e n t ; | a n d an en t ry shall be m a d e in t he minute -book of | t h e |
| Board of t h e m a k i n g and subscr ibing of such declarat ion and of | t he |
| da te | thereof. |
(IV) E v e r y va luer shal l m a k e his assessment in t he form of
Schedule A to this Act .
(v) Eve ry va luer shall , for t he purpose of m a k i n g his assessment , have a r i gh t of en t ry a t all reasonable hours in t h e day t ime in to a n d upon any ra tab le proper ty , a n d m a y pu t quest ions to any owner or any person in occupation or charge of such p roper ty as to any m a t t e r s necessary to enable h i m to m a k e such assessment ; and if
such
such owner or person, after be ing informed by the va luer of his pur pose in p u t t i n g such questions, refuses or wilfully omits to answer such quest ions w h e n required by t h e valuer , or wilfully makes any false answer to any such questions, such owner or person shall for every such offence be l iable to a pena l ty no t exceeding t en pounds .
(VI) As soon as prac t icable after t h e assessment of all
r a tab le p roper ty t he assessment shall be fairly t ranscr ibed in a book
to be k e p t for t h a t purpose , called t he " A s s e s s m e n t B o o k , " in t h e form or to the effect of Schedule A hereto .
(VII) The Board shall , as soon as pract icable , after the
m a k i n g of t h e assessment book, cause a not ice of t he a m o u n t of t he assessment and ra te (in this Act called the " r a t e - n o t i c e " ) to be served on the occupier of t he p roper ty assessed, or, if there be no occupier, upon the owner.
(VIII) W h e n e v e r the n a m e of t he owner of r a tab le proper ty
is no t k n o w n to the Board it shall be sufficient to ra te such owner in t he assessment book and to describe h im on the notices by t h e designation of " t he owner . " A n d i t shall be sufficient in t h e assess m e n t book or in any rate-not ice to describe any proper ty by s ta t ing in genera l t e rms the s i tuat ion of t h e p roper ty and such other ma t t e r s as will serve to identify i t .
( x ) W h e n e v e r any proper ty which in the opinion of the
Board ough t to be assessed is no t assessed, t h e Board m a y cause t he same to be assessed as here in provided : B u t t he provisions of th i s A c t in respect of appeals from the annua l assessment shall app ly to any assessment made unde r this subsection.
(x) If it a t any t ime appears to the Board t h a t t h e n a m e of any person has been entered in t h e assessment book as the owner or occupier of any proper ty in respect of which some o ther person ough t to have been assessed, or t h a t any proper ty wh ich is no t subject to rates , has been entered in the assessment book, or t h a t a n y m a t t e r pure ly of error needs rectification in t he assessment book,
t he Board m a y cause the assessment book to bo rectified as it m a y t h i n k proper .
Appeal from assessments. 10 . The enac tments conta ined in t he ten following subsections
shall be appl icable in respect of any assessment made by the B o a r d : —
(I) A n y occupier or owner of ra tab le proper ty m a y appeal from such assessment by serving a t t he office of the Board, before t he expira t ion of a period of twen ty -e igh t days from t h e service of t he rate-notice, a not ice of appeal in wr i t i ng
s t a t ing fully t h e grounds of appeal ,
(II)
If wi th in twen ty -e igh t days from the serving of t he notice of appeal t he Board and the appel lant m u t u a l l y agree in wr i t i ng
unde r
under t he hands of t he pres ident or vice-president and the appe l lan t u p o n a se t t l ement of such appeal , t he necessary a l tera t ions (if any) shall he made in t h e assessment hook of t h e Board and he init ial led by t h e president,
(III)
The appea l unless set t led by m u t u a l ag reement as aforesaid shal l he hea rd before a cour t of pe t ty sessions he ld wi th in t he pe t t y sessions distr ict in or neares t to which the p roper ty is s i tuated, on the day fixed by t h e Board as hereinafter ment ioned .
Not ice of t he day and place of t he hea r ing of t he appeal shall be publ ished by adver t i sement in t he Gazet te and in one or more newspapers publ ished or c i rcula t ing in such pe t t y sessions distr ict or in some place near there to , a t least seven clear days before t he hea r ing of t he appeal .
A t t h e s i t t ing of t h e Court , or a t any ad journment
thereof, t he just ices presen t shal l have power to hear a n d
de t e rmine all objections made by t h e appe l lan t or his agen t duly author ised in wr i t ing in t h a t behalf to t he assessment on t h e g round of any excess or incorrectness in or non compl iance wi th t he provisions of th is Ac t in respect of t h e assessment b u t on no other g round :
P rov ided tha t where t h e valuat ion t hen in force of a n y munic ipa l council has been adopted by the Board, no appeal shal l be heard unless t he appel lan t first proves to t he satisfaction of t he Cour t t h a t t h e r i g h t of appea l from such munic ipa l va lua t ion allowed b y law could no t have been exercised.
(IV) The Cour t shall have power to m a k e such order as t h e jus t ice of t he case m a y requi re , and to confirm or a l ter the assessment, b u t t he same shall no t be reduced in a m o u n t by reason of t h e p roper ty assessed hav ing decreased in va lue subsequent ly to t he m a k i n g of t h e assessment appealed
m a t t e r s of fact, and t h e Cour t shall t he reupon cause any from. The decision of t he Cour t shall be final upon all a l tera t ion rendered necessary b y such decision to be m a d e in the assessment book of the Board , which shall be produced to t he Cour t a l tered in accordance wi th t h e said decis ion; and every confirmation or a l te ra t ion of an assessment shall be a t tes ted by t h e s igna ture of t h e pres iding just ice , who shall
also note thereon t h e da te of such a t tes ta t ion .
(v) No appeal shall be heard unless notice of appeal has been given as aforesaid, or where t he Board and t h e appe l lan t have wi th in the prescribed t ime m u t u a l l y agreed in wr i t ing
u p o n a se t t lement of t h e appeal as hereinbefore provided. On
On the hea r ing of an appeal t he Court m a y in i ts discretion award or refuse to award any costs to ei ther t h e Board or the appel lant , or m a y order e i ther t he Board or t he appe l lan t to pay to t he o ther pa r ty to t he appeal all or so m u c h of t h e costs proper ly and necessari ly incur red in reference there to as m a y to t he Cour t seem jus t . A n d t h e
Cour t shall upon de te rmin ing t h e appeal , fix in a s u m m a r y way t h e a m o u n t (if any) of t he costs so ordered to he p a i d ; and where costs are ordered to he paid by the appel lan t the Board m a y recover t h e same as t h o u g h such costs were a ra te due in respect of t he proper ty assessed.
(VI) If on t he hea r ing of a n y appeal t h e Cour t is of opinion t h a t the same is frivolous or vexat ious i t m a y order t h e appel lan t to pay to t he Board such costs not exceeding five pounds as it m a y t h i n k fit, which may he recovered in t h e same m a n n e r as rates due in respect of t h e p roper ty assessed.
(VII) If, a t the hea r ing of any appeal , any quest ion arises as to t h e pr inciple or basis upon which any assessment ough t , i n po in t of law, to have been made , or as to t he admission or rejection of evidence, t h e Cour t shall s ta te and record i t s decision upon such quest ion, and if e i ther pa r ty be dissatisfied wi th such decision such pa r ty m a y appea l therefrom to t h e
Supreme Cour t .
(VIII) Such appeal shall be in t h e form of a special case to be
agreed upon by the par t ies , and if they cannot agree t heCour t shall set t le t he special case. The special case w h e n so
agreed on or sett led shall be t r ansmi t t ed by the appe l l an t to t h e Supreme Court , and be set down for a r g u m e n t in t h e same m a n n e r as o ther special cases. ( i x ) The Supreme Cour t shall hear and ad jud ica te u p o n any such special case, and m a y m a k e such order as to costs as i t m a y
t h i n k jus t , a n d where costs a re awarded to t h e Board t h e
be recovered as t h o u g h such costs were a ra te due in respect
a m o u n t may , in addi t ion to a n y other mode of recovery, of t h e proper ty assessed.
For t he purpose of such hear ing and adjudicat ion t h e Supreme Cour t m a y be cons t i tu ted by a s i t t ing of any t w o judges of such Court . (x) Af ter t h e expirat ion of t he period of twen ty -e igh t days f rom the service of the ra te-not ice , w i thou t a n y not ice of appeal be ing given, or u p o n t h e decision of a n y such appeal , and the necessary al terat ions (if any) be ing made and at tes ted, or upon the necessary a l te ra t ions be ing m a d e in any case where the Board and t h e appe l lan t have m u t u a l l y agreed in
wr i t i ng u p o n a se t t l ement of a n appeal , t h e assessment book
shal l
shall be confirmed by the Board and signed by the president or vice-president, and shall thereupon be the assessment book of the Board.
11. The right of the Board to recover rates in respect of assess
ments appealed from shall not be suspended by an appeal, but if the appellant succeeds on the appeal, the amount, if any, of rates received by the Board in excess of the amount which, according to the final decision on such appeal, the Board was entitled to recover, shall forth with be repaid by the Board on demand with interest at the rate of five per centum per annum, and if not so repaid within seven days after demand made the appellant may sue for and recover the same in any Court of competent jurisdiction, with full costs as between attorney and client, and such interest as the Court may award.
Making of rates.
12. A copy of or extracts from the assessment book as to the amount of any valuation, assessment, or rate may be entered in a special book to be kept for the purpose, and such entries shall when completed be signed by the president or vice-president, and such entries purporting to be signed as aforesaid shall, upon production thereof by any officer of the Board authorised in that behalf, without any other evidence that the requirements of the Hunter District Water and Sewerage Acts, 1892-1897, have been complied with, be received as prima facie evidence in all Courts of the facts therein contained.
13. The Board shall so soon after the first day of July in each year as is practicable cause separate statements to be prepared in respect of water supply and sewerage, showing in abstract the estimated sums of money which will be required for the services of the current year to comply with the provisions of the Hunter District Water and Sewerage Acts, 1892-97, and shall consider the same in conjunction with a statement showing the revenue estimated to be derived from
| Acts, and from all charges and other sources of revenue. rates struck on the assessments made in accordance with the said | A summary of such statements shall be entered in the minute book of the Board, and shall thereupon be signed by the president or vice-president, and a certified copy thereof under the hand of the president or vice-president shall be transmitted with the by-law levying such rates to the Minister. |
| 14. Subject to the provisions of the Hunter District Water and Sewerage Acts, 1892-97, the Board shall levy and collect such rates, charges, and sums of money as shall be sufficient to cover the annual sums— |
(a)
fixed as interest payable on all permanent and renewable works constructed by or vested in the Board;
(b)
(b)
required for the maintenance of all renewable works con s t ruc ted by or vested in t he Board ;
(c) requi red for ca r ry ing out t h e provisions of the H u n t e r
Dis t r ic t W a t e r and Sewerage Acts , 1892-97 , inc lud ing t h e
p a y m e n t of t he salaries and r emune ra t i on of t he pres ident , vice-president , and o ther member s of t he Board ;
(d) the debit balance (if any) on the general account for the preceding year :
Provided t h a t where t he genera l account for t he preceding year shows a credit ba lance , such surp lus shall be deducted from the a n n u a l sums so to be provided for.
i 15 . Subject to t h e provisions of the H u n t e r Dis t r ic t W a t e r
and Sewerage Acts , 1892-97 , the Board m a y f rom t i m e to t ime m a k e , al ter , a n d repeal by- laws in respect of wa te r supp ly :—
(a) F o r de te rmin ing , m a k i n g , and levying the r a t e to be paid in
respect of proper ty ra tab le for wa te r supply, w h e t h e r such
p roper ty is connected wi th a n y m a i n or is otherwise suppl ied w i t h water by t h e Board or n o t :
No such ra te shal l exceed the a m o u n t of five pounds
pe r c e n t u m on the assessment of t h e p roper ty r a t a b l e :
Provided t h a t a m i n i m u m ra te of t en shill ings pe r a n n u m shall be lawful, a l t h o u g h the same m a y exceed five pounds pe r c e n t u m on the assessment , and whe the r the wa te r of t h e Board is supplied to t he said proper ty or not .
(b) For de te rmin ing , m a k i n g , and levying the charges to be paid
in addi t ion to t h e ra te in respect of p roper ty where w a t e r is used for o ther t h a n domest ic purposes a n d the supply is no t t h r o u g h a meter .
A n d such rates or charges may be uni form or on a differential basis or
s l iding scale as t h e Board m a y de te rmine .
16 . The wa te r ra te , whe the r t h e p roper ty is connected wi th t he
mains or not , or is supplied by m e t e r or otherwise, for domest ic pu r poses or for purposes o ther t h a n domest ic , shall be t he r a t e de termined as aforesaid. I f t h e wa te r be suppl ied by me te r , and the me te r account
exceeds t he ra te , t h e n such excess shall be charged in addi t ion tot he r a t e : Provided tha t should t h e occupier of p roper ty suppl ied by
m e t e r vacate t h e p roper ty before t he close of t he half year , t he m e t e r
account shall be credited wi th a por t ion only of t he r a t e propor t ionate to t h e period of his occupancy. 17 . The wa te r r a t e shall , except where otherwise directed by
t h e Board, ent i t le t he owner or occupier of t h e p rope r ty ra ted to a full , fair, and sufficient supply of wa te r wi thou t m e t e r for necessary
domestic purposes, b u t shall not inc lude a supply of wa te r for ca t t le ,
s tables ,
stables, or for wash ing vehicles, yards , shops, or house fronts , or for any t rade or m a n u f a c t u r i n g purposes, or for i r r igat ion, water power, fountains , gardens , or any o rnamenta l purposes.
1 8 . By-laws imposing ra tes or charges w h e n m a d e in accordance
wi th t h e provisions of the H u n t e r Dis t r ic t W a t e r and Sewerage Acts , 1892-97 , shall , unless expressed there in to t h e contrary , be deemed to have been in force from the commencemen t of t he t hen c u r r e n t year ,
a n d shall , unless lawfully al tered w i th in t ha t year, con t inue to be in force un t i l t he end thereof. 19 . N o by- law made or proceedings t aken the reunder otherwise
lawful shall be deemed to be invalid, by reason only t h a t t h e est imates made by the Board of expendi tu re or revenue for t h e cu r ren t year were inaccura te in any respect , or were found to be more or less t h a n t h e ac tua l r equ i r emen t s or receipts for t he year w h e n the same have been correct ly ascertained a t t he close of such year .
Recovery of rates.
2 0 . Al l ra tes and charges a n d sums due to t h e Board shal l
be paid by and be recoverable from t h e owner or occupier of the proper ty , or, in t h e case of wa te r supply, t h e person r equ i r ing ,
receiving, or u s ing t h e w a t e r ; and all ra tes shal l be paid in advance
b y equa l half-yearly p a y m e n t s on the first day of J u l y and J a n u a r y in each year.
2 1 . I f any person l iable to pay a n y ra te , charge , or s u m due
to t he Board refuses or neglects to pay the same after a not ice d e m a n d i n g paymen t has been served in t h e proscribed m a n n e r on the
p roper ty subject to such ra te , charge, or sum, t h e Board m a y recover t h e same with costs in any cour t of compe ten t jur isdic t ion.
On service of ano the r notice be tween which and the first notice not less t h a n four teen days shall have elapsed, demand ing p a y m e n t
on
t h e person t h e n in occupat ion of such proper ty , a n d liable to pay the ra te , charge , or sum, and, on failure wi th in seven days thereaf ter to
comply the rewi th , t h e pres ident or vice-president m a y issue a w a r r a n t under his h a n d to the bailiff, constable, or other person named the re in to levy such ra te , charge , or sum, with costs not exceeding t h e scale prescribed in Schedule B hereto, by distress a n d sale of t h e goods and chat te ls then be ing on t h e proper ty , subject to t h e ra te , charge, or sum, and in t he occupat ion of t he person aforesaid : Provided t h a t no such distress shall author ise t h e seizure or sale of any bedstead, bedding,
wear ing apparel , cu l inary ar t ic les in domestic use, or tools of t rade . I n t he event of any such distress not real is ing sufficient to pay
t h e a m o u n t levied toge ther wi th costs as aforesaid, t h e pres ident or
vice-president m a y from t ime to t ime cause fu r the r and o ther distress
to be m a d e as aforesaid u n t i l the full a m o u n t of t h e debt then due and
and all costs as aforesaid have been fully paid, or m a y recover the a m o u n t due wi th costs as aforesaid from the person liable to pay the said ra te , charge, or sum.
2 2 . Ou t of t h e moneys ar is ing from the sale of t he goods and
chat te ls t h e bailiff or other person execu t ing the war ran t shal l first pay the costs aforesaid, and shal l t hen pay the a m o u n t for which such distress and sale were made , and pay over t h e surp lus (if any) to t h e person whose goods have been sold.
2 3 . The w a r r a n t of distress m a y be in t he form or to t he effect
of Schedule C hereto, and in all cases where a distress m a y lawful ly be m a d e every police constable shall , upon be ing so requ i red b y a n y bailiff or o ther person dis t ra ining, aid in m a k i n g a distress or sale p u r s u a n t to such war ran t , and for refusing so to do shall be l iable to a pena l ty n o t exceeding five pounds :
Provided t h a t to save expense and simplify t h e collection of moneys due to t he Board in respect of one or more propert ies owned or occupied by the same person, t he pres ident or vice-president m a y inc lude t he amoun t s due to t h e Board from any one person in one war ran t , or t he Board m a y sue for t he same in one act ion a t law.
2 4 . A n y war ran t issued shall be a good and sufficient au thor i ty
to t h e person execu t ing t h e same, or to his assistant , to remain on the premises du r ing t h e in te rva l be tween t h e m a k i n g of t h e distress and t h e sale of t he goods and chat te ls seized, w h e t h e r such au tho r i t y b e expressed in t h e w a r r a n t or not , and every distress and sale in pu r suance of a w a r r a n t shall, subject to t he provisions of t h e H u n t e r Dis t r ic t W a t e r and Sewerage Acts , 1892-97 , be conducted and carr ied out as near ly as pract icable in accordance wi th t h e provisions of t h e A c t fifteenth Victor ia n u m b e r eleven, or any Ac t r egu la t ing distress
for r e n t and replevins . The Board m a y appoint some competen t person to be i ts bailiff for t h e purpose of levying ra tes , charges , or sums due to t he
Board by distress and s a l e ; a n d any bailiff so appointed shall have
power and au thor i ty to sell by publ ic auc t ion any goods and chat te l s
seized unde r a n y w a r r a n t of distress as aforesaid wi thou t t a k i n g out
a n y license as a n auct ioneer . 2 5 . The pres ident or vice-president shal l no t be held to be
personal ly liable for t he non-per formance of any official dut ies imposed upon t h e m or e i ther of t h e m by or u n d e r th is Act , no r for any p ro
ceedings in connect ion the rewi th made , commenced, or con t inued by
t h e m or u n d e r the i r direct ion in thei r official capaci ty of pres ident or vice-president. 26 . I n any proceeding to levy or recover, or consequent on t he
levying or recover ing of any ra te , t h e assessment book and the r a t e
ledgers
ledgers or other hooks of account of t he Board or certified copies thereof or ex t rac t s theref rom purpor t ing to he signed by the pres ident or vice-president shall u p o n the product ion thereof in a n y Cour t he prima-facie evidence of the assessment and ra te , and t h a t t he same was du ly made unde r t he provisions of t h e H u n t e r Dis t r i c t W a t e r and
Sewerage Acts , 1892-97 , and t h a t t he notices prescr ibed and o ther r equ i r emen t s of t h e said Acts have been given and complied wi th . 2 7 . A l l rates, charges , costs, and expenses imposed or incurred
by the Board after t h e commencemen t of th is A c t if unpa id shall remain a charge upon t h e p roper ty for two years from the t ime such sums first become payable ; and, if at the expira t ion of t h e t ime named the owner of such proper ty remains u n k n o w n to t he Board after di l igent inqu i ry made, t he Board shal l wi th in three mon ths from such date of expi ry publ i sh a not ice in t he Gazet te and a t least three t imes a t in te rva ls of one week in a newspaper c i rcu la t ing in t h e distr ict i n which the p roper ty is s i tuated, con ta in ing par t icu la rs of same and of t h e sums due the reon , and upon final publ ica t ion of such notice t h e said s u m shal l r ema in a cha rge on t h e said p roper ty un t i l p a y m e n t
thereof, and m a y be subsequent ly recovered from any person who is
t he owner a t t he t ime such act ion for recovery is t aken , toge ther wi th in teres t a t t h e r a t e of five per c e n t u m per a n n u m from t h e da te on which such sums first became payable and full costs of act ion :
Provided t h a t no th ing here in contained shal l p r even t t h e Board
in t he event of t he p roper ty becoming occupied after t h e publ ica t ion of a n y such notice recover ing from the occupier thereof t he sums due in respect of such proper ty .
2 8 . W h e r e any owner or lessor of any proper ty assessed is b y
con t rac t l iable to pay any ra te , costs, charges , or expenses unde r
t h e H u n t e r Dis t r ic t Wa te r and Sewerage Acts , 1892-97 , or unde r a n y by-law m a d e thereunder , and such s u m has been requi red from and paid by any lessee or occupier, or whe re an occupier pays ra tes for a
per iod pr ior to or ex tend ing beyond his t e r m of occupancy, such lessee or occupier m a y set off t h e s u m so paid agains t any r e n t t h e n due from h i m to such owner or lessor in respect of such proper ty , and the official receipt for such paymen t shall be a discharge of r e n t and
evidence of p a y m e n t to t he a m o u n t specified there in .
If t he s u m so paid exceeds t he r e n t t h e n due , or if no r en t be
t h e n due, such lessee or occupier m a y ei ther set off such excess agains t accru ing rent , or m a y recover t h e same by act ion as for money paid to t h e use of t he owner or lessor.
2 9 . W h e r e a n y rates , costs, charges , or expenses have been
recovered from and paid by a mor tgagee of any proper ty he m a y , unless he be l iable to pay the same under or by v i r tue of his mor tgage , recover t h e same by act ion from the mor tgagor as for money paid to
his
his use, w i t h costs as be tween a t to rney and client , or add a n y a m o u n t so paid by h i m to t h e mor tgage debt, and charge in teres t on t h e same
a t t he ra te specified in t h e mor tgage . 3 0 . A n y lessee, and the executors , adminis t ra tors , and assigns
of any lessee of p roper ty assessed u n d e r t h e H u n t e r Dis t r ic t W a t e r and Sewerage Acts , 1892-97 , who holds unde r a lease for a t e r m whereof a period less t h a n five years remains unexpi red , w h e n the expenses hereinaf ter ment ioned are incurred , shall be ent i t led to receive from his lessor, his executors , adminis t ra tors , or assigns, a moie ty of t h e expenses which such lessee or a n y under-lessee, or t h e executors , adminis t ra tors , or assigns of such lessee m a y have paid to t h e Board for provid ing , l ay ing down, and fixing in readiness for use such service pipes or o ther prescribed fitt ings as are necessary for conveying t h e wa te r from the ma in pipe to such proper ty , or for providing, l ay ing down, and fixing as aforesaid any drains or other works of sewerage or dra inage prescribed, and m a y in addi t ion to any o ther r emedy deduct such moiety from any r en t due or to accrue due unde r such lease.
3 1 . The occupier of any proper ty who, on being requi red b y a n y
officer of the Board to s ta te t he n a m e of t h e owner of such proper ty or of t he person receiving or au thor ised to receive t h e ren t s of t h e same, refuses or wilfully omits to disclose, or wilfully missta tes to such officer, t h e n a m e of t h e said owner or person shal l be liable to a pena l ty not exceeding five pounds .
3 2 . I n any proceedings for recover ing rates, costs, charges , or
expenses due to t h e Board, no jur isdict ion otherwise competent shall be ousted upon the ground t h a t t he proceedings raise a quest ion of t i t le to land.
3 3 . E v e r y purchaser of p rope r ty liable to be ra ted unde r t h e
H u n t e r Dis t r ic t W a t e r and Sewerage Acts , 1892-97 , shall , w i th in n ine ty days after t h e complet ion of his purchase , give wr i t t en not ice thereof to t he Board, s ta t ing his n a m e and address, and on fa i lure to comply
wi th any of t h e provisions of th is section shal l be l iable to a pena l ty no t
exceeding t e n pounds .
3 4 . No twi th s t and ing a n y t h i n g conta ined in t h e Smal l Deb t s
Recovery Act , t e n t h Victoria n u m b e r t en , or any A c t amend ing t h e same, a l l ra tes and charges for wa te r and sewerage, and all money payable for work done by t h e Board, in accordance wi th t he Pr inc ipa l Act , or a n y Ac t a m e n d i n g the same, or any by- law m a d e t h e r e u n d e r not exceeding in any case t h i r t y pounds , m a y be sued for and recovered under t he provisions of t h e Smal l Deb t s Recovery Act , t en th Victor ia
n u m b e r t e n : Provided t h a t for all purposes of prohibi t ion and appeal every
j u d g m e n t given u n d e r t he au thor i ty of th is section shal l be deemed to
be an order m a d e by just ices in the i r s u m m a r y jur isdict ion.
Power
Tower to deal with ratable property for arrears of rates.
3 5 . (I) W h e r e a n y ra tes , costs, charges, or expenses due u n d e r
t he H u n t e r Dis t r i c t W a t e r a n d Sewerage Acts , 1892-97 , in respect of any proper ty , have been unpa id for a period of four years , and after di l igent search the Board is unab le to discover the n a m e and address wi th in t he Colony of t h e owner, and is unab le to recover t he ra tes due, t he Board m a y cause to be publ ished in three consecutive issues of t h e Gazet te , and in three consecutive issues of a newspaper c i rcula t ing in the munic i pal i ty or place wi thin which such proper ty is s i tuated, or the place neares t there to , a not ice se t t ing out t h e total a m o u n t of ra tes , costs, charges , and expenses due to t h e Board in respect of such property , and d e m a n d i n g p a y m e n t of t he same, w i t h in teres t as hereinbefore provided, w i th in one year from t h e da te of t he first publ ica t ion as aforesaid.
If after one year from the first publ icat ion of such not ice a l l or any p a r t of the s u m set ou t the re in be still unpaid , t h e Board m a y t ake possession of such proper ty and hold t h e same aga ins t any o ther person whomsoever , and so long as the whole or any pa r t of t he s u m set ou t in t he notice, or of any ra te , charge , or s u m lawfully acc ru ing due since t he publ icat ion of t he notice remains unpaid , m a y le t such p roper ty from year to year or for a t e rm not exceeding seven years, or in case of vacan t lands for a t e r m not exceeding twen ty -one years, and may receive t h e rents thereof, and shall app ly t h e same towards t he p a y m e n t of t he ra tes , costs, charges , and expenses, and hold any surplus for t he owner of t he proper ty .
U p o n the appl icat ion of any person who, b u t for t he provisions of th i s section, would be ent i t led to t h e possession of such proper ty , t he Supreme Cour t or a J u d g e thereof may , upon satisfactory proof of t i t le and u p o n p a y m e n t in to Cour t of a n y such ra tes , costs, charges , and expenses t h e n due and unpaid , order t h e Board to deliver u p to t h e appl icant possession of such property , and to pay over to t he appl ican t any such surplus as aforesaid :
Provided t h a t t he r igh ts of a lessee of t he Board unde r this section shall no t be affected by any order made as aforesaid ; b u t tha t ,
on t h e m a k i n g of t he order, t h e lessee shal l a t to rn to t he appl icant . (II) I n l ieu of l e t t ing or con t inu ing to le t such proper ty t he Board may , by pet i t ion to t h e Supreme Cour t or any J u d g e thereof, apply for a sale of t he p roper ty described in such not ice, or any p a r t
thereof, and the Cour t or J u d g e , on being satisfied by affidavit or
otherwise t h a t t he amoun t set ou t in such not ice was lawfully duo a t the t ime of the first publ icat ion of such notice, and t h a t all or any par t thereof remains unpa id a t the da te of t he applicat ion, and t h a t all conditions have happened , all th ings have been done, and all t imes have elapsed as required by the provisions of th is section to ent i t le t he Board to let or cont inue to let t h e said proper ty , and t h a t t he Boardcannot ,
cannot , by l e t t ing or con t inu ing to let, realise sufficient revenue to provide for al l expenses payable in respect of such proper ty , and for t h e ra tes , charges , or o ther sums of money t h e n lawfully due and owing to t h e Board or to accrue due in respect thereof, m a y order t he sale by t h e mas te r or o ther officer of the Cour t by publ ic auc t ion on a da te n a m e d in such order of such p roper ty or of any pa r t thereof.
The proceeds of such sale shall he paid in to Court , and the Cour t or J u d g e m a y order t h a t t h e r e be paid out to t h e Board in priori ty to any mor tgage or o ther secur i ty on t h e p roper ty all rates , costs, charges , or expenses due u p to t he t ime of such sale, w i t h interest a t the r a t e of five per c e n t u m per a n n u m from the due date of such rates , and all o ther charges , toge the r wi th all costs of and a t t end ing search a t t h e L a n d s Titles Office, or t he office for t he regis t ra t ion of deeds, for t h e n a m e and address of the owner or mor tgagee , and the costs of and a t t end ing the publ ica t ion of t h e notices, and the appl ica t ion to t h e Cour t or J u d g e , and of and a t t end ing the safe as aforesaid, a n d t h a t t he balance be subjec t to any fu ture or other orders of t h e Court , and m a y fur ther order t h a t the conveyance or deed of assurance , as t he case may requi re , he execu ted by the mas te r or other officer of the Cour t in such form as m a y be approved by the Cour t or J u d g e .
Such conveyance or deed of assurance shall vest t he legal es ta te in t he proper ty sold in the pu rchase r free from all encumbrances and t r u s t s .
PART IV.
Statements of expenditure and accounts.
36. (I) As soon as prac t icable after t h e commencemen t of
th is Act , t h e Minis ter shal l cause s ta tements to he prepared andfurnished to t h e Board showing the respective a m o u n t s expended u p
to t he th i r t i e th day of J u n e , one thousand e ight hund red and n ine ty- seven, on all works const ructed by or vested in t he Board—•
(a) in the purchase or acquis i t ion of l and and on pe rmanen t or o ther works which do not requi re ma in t enance or reconst ruc
t ion (hereinafter called " p e r m a n e n t works" ) ; (b) on works which require ma in t enance or recons t ruc t ion (here inafter called " renewable works" ) ;
wi th in teres t f rom the respective days of the expend i tu re to t he th i r t i e th day of J u n e , one thousand e ight h u n d r e d and ninety-seven,
a t t h e r a t e of th ree and a half per c e n t u m per a n n u m . (II) On receipt of t he said s ta tements t he Board m a y repor t
to t h e Min is te r m a k i n g such recommenda t ions as m a y he t h o u g h t fit. (III) The Minis te r shal l consider t he said report , and shal l finally
de te rmine t he respect ive amoun t s and the classification of t he expendit u r e , and after deduc t ing from t h e to ta l a m o u n t thereof t he difference
between
be tween the revenue and expend i tu re of t he Board for the same period de te rmined as hereinafter provided shall notify t he same in t he Gazet te and in one or more local newspapers c i rcula t ing in some water or sewerage district.
(IV) Provided t h a t t he Governor m a y m a k e such par t ia l
remission of or deduct ions from t h e amoun t s expended as he m a y
t h i n k jus t u n d e r any special c i rcumstances . 3 7 . A t t h e end of every period of twelve mon ths , beg inn ing
wi th the first day of J u l y , one thousand e ight h u n d r e d and n ine ty- e ight , t he respective amoun t s expended d u r i n g t h e said period on all works constructed by or vested in t he Board shall be determined, classified, and notified as in t h e last p receding section.
3 8 . U p o n any notification being made as provided in t h e two
las t p receding sections, t h e Governor shal l de termine and notify in t h e Gazet te , and in one or more local newspapers c i rcula t ing in some water or sewerage district , t h e periods wi th in which equal year ly p a y m e n t s shall be made to the s ink ing fund to be established as hereinaf ter provided on account of renewable works , hav ing regard to the n a t u r e and durabi l i ty
of t he works . The paymen t s shall be such a n n u a l sums as would at the
end of t he said periods a m o u n t to t h e expendi tu re , wi th in teres t the reon calculated year ly a t t he r a t e of t h ree and a half per c e n t u m per a n n u m .
3 9 . (I) As soon as pract icable after the c o m m e n c e m e n t of this
A c t t h e Colonial Treasurer shall cause s t a t ements to be prepared and furnished to t h e Board showing all t he expendi ture of t he Board other t h a n the expendi tu re referred to in section th i r ty-s ix of th i s Act , and all t h e moneys received by the Board and pa id in to t he Treasury u p to the
th i r t i e th day of J u n e , one thousand e ight hundred a n d ninety-seven.
(II) In t e re s t a t t h e ra te of th ree and a half per c e n t u m per
a n n u m shall be charged and allowed from the dates of the expendi t u r e and receipt aforesaid u p to a n d inclusive of t h e t h i r t i e t h day of
J u n e , one thousand e ight hund red a n d ninety-seven.
(III) The ba lance shown on such s ta tements shal l be deduc ted
f rom t h e total a m o u n t of t h e capi tal debt a t the th i r t i e th day of J u n e ,
one thousand e ight hund red and ninety-seven, de termined in t h e
m a n n e r here in provided. 4 0 . The re shall be kep t in the Treasury an account to be called
t h e " Genera l A c c o u n t of t he H u n t e r Dis t r ic t W a t e r and Sewerage
Board , " here inaf ter called t he " General Accoun t , " and an account to
be called t h e " S inking F u n d Account of t he H u n t e r Dis t r ic t W a t e r
and Sewerage Board ," hereinaf ter called t he " S i n k i n g Fund A c c o u n t , " and such other accounts as t h e Colonial Treasurer m a y de termine .
Al l r evenue of t he Board shall be paid in to t he Treasury or to t h e B a n k keeping the Pub l i c Account . A n d all necessary expend i tu re in m a n a g e m e n t and work ing expenses of t he Board, and in t h e recons t ruc t ion and ma in tenance of renewable works shall be advanced
to t he Board ou t of t h e Consolidated R e v e n u e Fund , 4 1 . 4 1 . The Genera l Account shall, in each year, commenc ing from
the first day of J u l y , one thousand e ight h u n d r e d and ninety-seven, he debited w i t h —
(a)
in terest at the r a t e of th ree and a half per c e n t u m per a n n u m on all expend i tu re on p e r m a n e n t and renewable works notified as hereinbefore provided u p to t h e end of the preceding y e a r ;
(b) t he year ly p a y m e n t s for renewable works credi ted to t h e
S ink ing F u n d Accoun t as hereinaf ter ment ioned ;
(c) all expenses of m a n a g e m e n t and work ing expenses of t h e Board.
The said account shall be credi ted w i t h all revenues of t he Board paid into t h e Treasury or in to the Bank keep ing the P u b l i c A c c o u n t ,
and in teres t a t the ra te of t h r ee and a half per c e n t u m per a n n u m shal l be charged and allowed respectively on the ba lance b r o u g h t forward from t ime to t ime , and on such expend i tu re and receipts from the dates thereof to t he th i r t i e th day of J u n e in each year.
4 2 . The S ink ing Fund Account shal l be debited wi th al l a m o u n t s
advanced to t h e Board from the Consolidated R e v e n u e Fund for t h e reconst ruct ion and ma in t enance of renewable works , and shall be credited wi th t he year ly p a y m e n t s on account of renewable works
u n d e r section th i r ty -e igh t of th is Ac t .
I n t e r e s t in respect of th is account a t t h e ra te of t h ree and a
half per c e n t u m per a n n u m shall be adjusted on the th i r t i e th day of J u n e in each year as directed in t he last p receding section in respect of the Genera l Accoun t .
4 3 . Al l in teres t directed to be charged on expendi tu re a n d
revenue respect ively shall be credited or debited to the Consolidated
R e v e n u e Fund . 4 4 . The provisions of the Aud i t Act in force for t he t ime being,
or any Ac t r egu la t ing t he collection of publ ic moneys and t h e aud i t of t h e public accounts , shal l app ly to t h e Board, and to all officers a c t i ng unde r its au tho r i t y and control , and to a n y a g e n t appoin ted
by the Board unde r t h e provisions of section twen ty -e igh t of the P r inc ipa l Ac t .
P A R T V .
Construction of works.
4 5 . No tw i th s t and ing a n y t h i n g contained in t h e H u n t e r Distr ic t
W a t e r and Sewerage Acts , 1892-97 , t he Minis ter shall , before au thor i s ing any expend i tu re in connect ion wi th t he in i t ia t ion, con s t ruct ion, or comple t ion of any works (not be ing works specially au thor ised by Ac t of P a r l i a m e n t passed before t h e commencemen t of
th is
this Act) in respect of water supply, sewerage, or storm-water drains and sewers situated within the boundaries of the water and sewerage districts respectively, whether the said works were initiated before or after the commencement of this Act, cause the Board to be advised of his intention to incur such expenditure, and of the estimated amount thereof as nearly as the same can then be ascertained, with such other information and particulars as he may deem necessary.
The Board upon receipt of such notice shall report on such matter, and make such recommendations to the Minister in respect thereof as the circumstances may require.
The Minister shall, after consideration of such recommendations, decide thereon, and the Minister's decision shall be final :
Provided that if the Board should at any time desire to prepare a scheme for the carrying out of any such works the Minister may, on such conditions as he may think fit, permit the Board so to do, and if upon such scheme being submitted, the Minister approves thereof, he shall cause the same to be carried out according to law :
Provided also, that in any case where the Minister is the Constructing Authority authorised to carry out any such works, he may permit such works to be carried out by the Board, and in such case all powers and liabilities exercisable by or attaching to the Minister as such Constructing Authority shall be exercisable by and attach to the Board.
46. (i) If in carrying out the sewerage or storm-water drains or sewers of any municipality in connection with the approved or any other scheme the Constructing Authority is of opinion that the whole or any portion of the sewerage or drainage works constructed by the council of the municipality may be beneficially used in connection with the scheme, such works or such portion thereof may be so used.
(ii) Upon notification in the Gazette to that effect by the
Constructing Authority, the works therein described shall thereupon,
by virtue of this Act, be transferred to and vest in the Constructing
| the amount by which the cost to the Constructing Authority of the | Authority on behalf of Her Majesty free from any charges on the same. (iii) The council of the municipality shall be credited with |
| works comprised in the scheme is lessened by the taking over the works of the council. |
( I V ) The amount so credited shall bo charged against the
scheme, and may from the moneys provided therefor be paid to the council, or in liquidation of any such sum or sums borrowed by the council and expended on or in connection with the works so con structed by them and taken over by the Constructing Authority, or may be paid to such person in such manner and subject to such terms and conditions as the Constructing Authority may require.
E P A R T
PART VI .
Miscellaneous provisions.
47. The Board may supply any person with water for any purpose whatsoever, by measure or otherwise, at such charges, upon such terms, and subject to such conditions as may be agreed upon by the Board and the person requiring to be supplied.
48. All by-laws made under the provisions of the Hunter District Water and Sewerage Acts, 1892-97, when approved by the Governor and published in the Gazette, but not sooner or otherwise, except as hereinbefore otherwise provided, shall have the force of law.
The Board shall, as soon as practicable after the publication in the Gazette, cause all by-laws to be published in one or more local newspapers circulating in some water or sewerage district.I n all proceedings in any Court the production of the Gazette containing any such by-law shall be prima facie evidence of such by-law having been made, and that all the provisions of the said Acts relating to the making and approval of such by-law have been duly complied with.
49. Any owner or occupier of property within any water district who wishes to have water brought to his property from the mains of the Board, and who has paid or tendered in advance to the Board the water rate in respect of such property may employ any person licensed in that behalf by the Board to open the ground between the pipes of the Board and such properly, having first obtained the consent of the owners and occupiers of such ground, and may lay any pipes and fittings from such property to communicate with the pipes of the Board, or remove, alter, or repair such pipes and fittings.
Such pipes shall be of a strength and material approved by
some officer of the Board, and every such licensed person shall, beforehe begins to lay, alter, or repair any such pipe or fittings, give to the
Board two days' notice of his intention to do so. 50. Notwithstanding the provisions of section sixty-three of the Principal Act, the Board may, but shall not be obliged to provide the water supply in that section mentioned.
51. This Act shall be construed as one with the Hunter District
Water Supply and Sewerage Act of 1892, so much of the Country Towns and Hunter District Water Supply and Sewerage Acts Amend ment Act of 1891 as amends the first-mentioned Act, and the Hunter District Water Supply (Partial Duplication) Act, 1895.
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Table of Costs.
For every warrant of distress one shilling.
For every levy one shilling.For man in possession one shilling per hour for the first three hours, and if longer
detained six shillings per day or part of a day.
For inventory, sale, commission, and delivery of goods not exceeding one shilling
in the pound on the net proceeds of the sale.
SCHEDULE C.
Warrant of Distress.
N E W SOUTH WALES ) To constable at , or bailiff (as
TO WIT. ) the case may he).
WHEREAS of in New South Wales has been rated at the sum of per annum for the water rate [or charge or is liable to pay the sum of due to
the Hunter District Water Supply and Sewerage Board] as the occupier [or owner] of
certain property situate in street in and now occupied by ;
and whereas the sum of being due and payable on account of the said rate,
charge, or sum [as the case may be] on the day of in the year of our
Lord one thousand hundred and , and was duly demanded by the
collector of rates for on the day of in the year of the said
who has not yet paid the same. These are therefore to require and authorise
you forthwith to levy the said sum of together with costs of the presents by distress and sale of the goods and chattels found by you in the said property according
to law, and that you certify to me on the day of what you shall do by
virtue of this warrant.
Given under my hand this day of in the year of our Lord one
thousand hundred and President [or Vice-President] of the
Hunter District Water Supply and Sewerage Board.
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