Hunter District Water, Sewerage and Drainage Act 1938 (NSW)

HUNTER DISTRICT WATER, SEWERAGE AND DRAINAGE

ACT.

Act No. 11, 1938.

An Act to make provision for and in relation to drainage of certain districts in and adjacent to the County of Northumberland; to repeal the Hunter District Water and Sewerage Act, 1892-1928, and certain other Acts; to amend the Local Government Act, 1919, and certain other Acts: and for purposes connected therewith. [Assented to, 21st October, 1938.] the water supply, sewerage and stormwater ! BE

BE it enacted b y t he King 's Most Excellent Majesty, b y and with t h e advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Par l iament assembled, and b y the author i ty of the same, as follows :—

. P A R T I .

PRELIMINARY AND INTERPRETATION.

1 . (1) This Act m a y be cited as the " H u n t e r Distr ic t

Wate r , Sewerage and Dra inage Act, 1938 ."

( 2 ) Excep t as otherwise provided in this section this Act shall commence upon a day to be appointed by the Governor and notified by proclamat ion published in the Gazette.

(3) This section and sections two, three and six of this Act shall commence upon the date upon which H i s Majes ty ' s Assent to this Act is signified.

(4) F o r the purposes only of the appoin tment and

election of persons who a re to assume office on the day appointed p u r s u a n t to subsection two of this section as members of the H u n t e r Dis t r ic t W a t e r Board , and of any ma t t e r s necessary for or incidental to such appoint­ ment and election the provis ions of P a r t I I I of this Act shall commence upon the date upon which His Majes ty ' s Assent to this Act is signified. And upon the day appointed p u r s u a n t to subsection two of this section the provis ions of P a r t I I I of this Act shall come into

opera t ion	for all purposes .
2. This Act is divided into P a r t s , as follows:—

P A R T I . — P R E L I M I N A R Y AND INTERPRETATION—SS.

1-3.

P A R T	I I . — R E P E A L S	AND	SAVINGS—ss . 4 - 6 .
P A R T	I I I . — C O N S T I T U T I O N	OF BOARD—ss .	7 - 2 5 .
P A R T	I V . — F U N C T I O N S AND	POWERS	OF BOARD.

DIVISION	1 .—Adminis trat ion—ss.	2 6 - 3 0 .
DIVISION	2 .—Construct ion—ss .	3 1 - 3 7 .
DIVISION	3.—General—ss.	3 8 - 4 6 .

DIVISION

DIVISION 4.—Special provisions as to water

supply—ss. 4 7 - 5 6 .

DIVISION 5.—Special provisions as to sewerage—

ss.—57-63.

DIVISION 6.—Special provisions as to stormwater

drainage—ss. 6 4 - 6 7 .

P A R T V . — F I N A N C E .

DIVISION 1.—Capital indebtedness—ss. 6 8 - 7 2 .

DIVISION	2 .—Loans—ss .	7 3 - 8 9 .
DIVISION	3 .—Revenue—ss .	9 0 - 1 0 5 .
DIVISION	4 .—Funds—ss .	1 0 6 - 1 1 2 .

DIVISION 5.—Accounts and audit—ss. 1 1 3 - 1 1 6 .

DIVISION	6.—General—s. 1 1 7 .
P A R T	VI .—PROPERTY.

DIVISION	1.—Acquisi t ion—ss.	1 1 8 , 1 1 9 .
DIVISION	2.—Transfer—ss.	1 2 0 - 1 2 3 .
DIVISION	3.—General—ss.	1 2 4 - 1 2 6 .

P A R T VI I .—REGULATIONS AND BY-LAWS—SS. 1 2 7 -

1 3 3 .

P A R T	V I I I . — S U P P L E M E N T A L — S S .	1 3 4 - 1 4 9 .
F I R S T	S C H E D U L E . — R e p e a l s .

S E C O N D SCHEDULE.—Cons t i tuenc ies .

T H I R D S C H E D U L E . — R a t e s , charges , and fees.

3. I n this Act, unless inconsistent wi th the context or

subject ma t t e r—

" A r e a of o p e r a t i o n s " means the City of Grea ter

Newcastle, the islands in tha t p a r t of the H u n t e r River between i ts confluence with the Wil l iams River and the entrance of the H u n t e r River (including Newcastle H a r b o u r ) , any catchment a rea , and the a reas enumera ted in the Second Schedule and such other a reas as a re proclaimed from time to t ime as a reas within which the board is author ised to exercise i ts powers or

per form i t s functions.

Any

Any land under the wa te r s of tha t p a r t of the H u n t e r R iver between its confluence with the Wil l iams River and the ent rance of the Hunte r R iver ( including Newcastle H a r b o u r ) upon which there is erected any wharf, pier , jet ty, building, or o ther s t ruc tu re shall be deemed to

be within the a r ea of opera t ions .

" B o a r d " means the H u n t e r Dis t r ic t W a t e r Board

const i tuted under this Act.

" B y - l a w s " means by-laws made under this Act, and

includes by-laws continued in force by this Act .

" C a t c h m e n t a r e a " means any a rea defined as such

by proclamat ion under any Act hereby repealed and any a r ea as defined from time to time by proclamat ion from which the supply of water is d rawn.

"Commencemen t of this A c t " or other like expres­ sion means the day appointed by the Governor pu r suan t to the provisions of subsection two of section one of this Act.

" C r o w n " includes any s t a tu to ry body represent ing

the Crown.

" C r o w n l a n d s " means Crown lands within the mean­

ing of the Crown Lands Consolidation Act, 1913.

" D o m e s t i c p u r p o s e s " shall not include a supply of

w a t e r for stables, for manufactur ing, t rade , or

business purposes , for i r r iga t ion , for wa te r power, for fountains, for wa te r ing cattle or

motor or other vehicles. horses , for wa te r ing ga rdens or for washing

" E l e c t e d m e m b e r s " means members of the board

elected in the prescr ibed manner .

" J o i n t " and " j o i n t l y " in re la t ion to owning, hold­

ing, or occupying land includes owning, holding,

or occupying in common.

" L a n d " includes any easement or r ight th rough , or above any land. over,

" L e a s e " in re la t ion to Crown lands or land within a S ta te forest includes a license or permit .

' ' Munic ipa l i ty ' '

" M u n i c i p a l i t y " means an a rea const i tuted or con­

t inued as a municipal i ty under the Local Government Act, 1919, and includes the City of Grea ter Newcastle.

" O w n e r " in relat ion to land includes every person who joint ly or several ly whether a t law or in equi ty—

(a)	is entitled to the land for any estate of freehold in possess ion; or
(b)	is a person to whom the Crown has law­ fully contracted to g r a n t the fee simple under the Crown Lands Consolidation Act, 1913, or a n y other Act re la t ing to the al ienat ion of lands of the Crown; or
(c)	is entitled to receive, or is in receipt of, or if the land were let to a t enan t would be entit led to receive, the rents and profits thereof whether as beneficial owner,
t rus tee , mor tgagee in possession, or

o therwise ;

a n d includes every person who by v i r tue of this

Act is deemed to be the owner.

The Crown shall be deemed to be the owner

of—

(a) all lands of the Crown; and

(b) any land vested in a s t a tu to ry body

represen t ing the Crown.

" O w n e d " and similar expressions have a meaning corresponding with tha t of ' ' owner . ' '

" P a r t " means P a r t of this Act.

" P r e s c r i b e d " means prescr ibed by this Act or by

regulat ions or by-laws.

" P r o c l a m a t i o n , " " p r o c l a i m e d " and similar expres­

sions mean and refer to a proclamat ion of the

Governor published in the Gazette.

" P u b l i c A u t h o r i t y " includes the Governor or any

Minis ter of the Crown, or any s t a tu to ry body represen t ing the Crown, and the council of any shire or municipali ty.

" P u b l i c

" P u b l i c r o a d " means road which the public a re en­ t i t led to use and includes any road dedicated as a h ighway by the Crown or by any person, or a road notified, proclaimed, or dedicated as a public road or highway under the provisions of any Act.

" E a t a b l e l a n d " includes all land upon which any

ra t e is leviable or levied under this Act.

" R e g u l a t i o n s " means regula t ions made under this

Act, and includes regula t ions continued in force by this Act.

" S h i r e " means an a r ea const i tuted or continued as

a shire unde r the Local Government Act, 1919.

" S t a t u t o r y body represen t ing the C r o w n " means

any body defined by or proclaimed under the Local Government Act, 1919, as amended by subsequent Acts , as a s t a tu to ry body repre­ sent ing the Crown.

" S t o r m w a t e r c h a n n e l " means any artificial channel,

whereby surface water is car r ied off, now con­ st ructed or in course of construct ion and not now under the care and control of the council of any municipal i ty or shire and which is declared by the Governor by notification in the Gazette to be a s to rmwate r channel, and also any such channel to be constructed by the board or t r ans fe r red to, acquired by, or vested in it as is on the recommendat ion of the board so declared by the Governor to be a s to rmwater

channel.

" S t r e e t " includes any way, public or p r iva te .

" T r e a s u r e r " means Colonial T r e a s u r e r .

P A R T

P A R T I I

REPEALS AND SAVINGS.

4. The Acts set out in the F i r s t Schedule a re to the extent therein indicated hereby repealed.

5 . (1) The repeal of any Act by this Act shall not—

(a)	interfere with the perpetual succession of the H u n t e r Dis t r ic t W a t e r Supply and Sewerage Board , the powers , functions, r igh ts , exemp­ tions, duties , l iabilit ies, obligations, and remedies of which shall, on and af ter the commencement of this Act, be discharged, preserved, vested in, car r ied on, continued, and assumed completely, and without any abatement or cessation in any respect what­ soever except as amended and replaced by this Act, by the H u n t e r Dis t r ic t W a t e r Boa r d and unt i l the commencement of this Act shall be discharged, preserved, vested in, car r ied on, continued, and assumed completely and with­ out any abatement or cessation in any respect whatsoever by the H u n t e r Dis t r ic t W a t e r Supply
and Sewerage B o a r d ;
(b)	except as specifically provided, terminate any
contract or appo in tmen t ;
(c)	prejudice the operation of any regulations or by-laws in force at the commencement of this
Act, which regula t ions or by-laws shall continue in force unt i l repealed by proclamat ion pub­

lished in the Gazette, and unt i l such repeal may be enforced as if they were regula t ions or by­ laws made under this Ac t ;

(d)	prejudice any license issued under the Acts hereby repealed or the regulat ions or by-laws made thereunder , and any such license shall remain in force for the period for which it was
granted , unless cancelled by the b o a r d ;
(c)	affect the validity of any proclamation, notifica­ tion, or any Gazette notice made under any of

the

the Acts hereby repealed unt i l such is rescinded, revoked, repealed, amended or var ied by pro­ clamation published in the Gaze t te ;

(f) as far as relates to any previous or pending t ransac t ion or ma t t e r , affect p r o p e r t y vested, acts and things val idated and authorised, r igh ts , powers , and protect ion acquired, liabilities in­ curred, or indemnit ies given by or under any of the Acts so repealed.

(2) Noth ing in this Act shall affect the r i gh t s accrued or accruing under the Civil Service Act of 1884, the Public Service Act of 1895, the Public Service Act , 1902, or any Acts amending or consolidating the same, or under any regula t ions or by-laws made the reunder , o r unde r the Acts hereby repealed, to any officer or ser­ van t of the H u n t e r Dis t r ic t W a t e r Supply and Sewerage Boa rd or to any public se rvant whose services a re t r a n s ­ fer red to the board, and without l imiting the general i ty of the foregoing saving in par t icu lar , any such officer or servant shall continue to contr ibute to the Superannu­ at ion Account or to the S ta t e Superannua t ion F u n d , a s the case may be, and shall be entit led to receive any payment , pension, or g ra tu i ty to which he would have become enti t led under the said Acts or regula t ions or by­ laws if he had remained a public servant or an officer o r se rvant of the said H u n t e r Distr ic t W a t e r Supply and

Sewerage Board .

(3) P r i n t e d notices, forms, books, and formal

documents prescr ibed or cus tomar i ly used unde r t h e provisions of the Acts hereby repealed may dur ing the

first y e a r af ter the commencement of this Act be used in	place of the corresponding notices, forms, books, and
formal documents under th is Act.
(4) Af te r the commencement of this Act a re fe r - ence to the H u n t e r Dis t r ic t W a t e r Supp ly and Sewerage Board in any Act or other ins t rument may be construed as a reference to the H u n t e r Dis t r ic t W a t e r B o a r d con­
s t i tu ted under th is Act .
(5) Notwi ths tand ing the repeal of the Acts hereby repealed, all r a t e s , charges , fees, and sums of money which under those Acts or any of them are immediately

before

before the commencement of this Act clue and payable to or leviable by or for the H u n t e r Dis t r ic t W a t e r Supply and Sewerage Boa rd shall be pa id to and may be received, levied, and recovered by the H u n t e r Dis t r ic t Wa te r

B o a r d and shall remain a charge upon p r o p e r t y or	land
as if this Act had not passed.

(6) Wi thou t l imiting the genera l i ty of the savings in this section contained the H u n t e r Dis t r ic t W a t e r Board shall collect and may recover all ra tes , charges , fees, and sums of money which under the Acts hereby repealed a n d the by-laws made the reunder would have been pay­ able on the first day of Ju ly , one thousand nine hundred and thir ty-eight , to the H u n t e r Distr ic t W a t e r Supply a n d Sewerage B o a r d or which would have become pay­ able to or chargeable by tha t board dur ing the per iod between the said date and the th i r t ie th day of June , one thousand nine hundred and thir ty-nine, if this Act had not passed.

(7) This section shall not limit any saving in this Act or in the In t e rp re t a t ion Act of 1897.

6. (1) No periodical election of members of the Hun­ te r Distr ic t W a t e r Supply and Sewerage Boa r d under

section fourteen of the H u n t e r Dis t r ic t W a t e r and Sewerage Act, 1892-1928, shall be held af ter the date upon which His Majes ty ' s Assent to this Act is signified

(2) E v e r y person who immediately before the date upon which His Majes ty ' s Assent to this Act is signified is a member of the H u n t e r Dis t r ic t W a t e r Supply and Sewerage Board , or who, on or after such date and before
the day appointed p u r s u a n t to subsection two of section
one of this Act, is appoin ted or elected to fill an extra­
o rd ina ry vacancy in the office of a member of tha t board, shall, subject to the H u n t e r Dis t r ic t W a t e r and Sewerage Act, 1892-1928, as amended by subsequent Acts and as modified by subsection one of this section, continue to hold office as a member of the said board unti l the day appointed pu r suan t to subsection two of section one of

this Act .

P A R T

P A R T I I I .

CONSTITUTION OF BOARD.

(1) The au thor i ty to c a r r y out the provisions of this Act, save where otherwise provided, shall be the

7.

H u n t e r Dis t r ic t Wate r Board .

(2) The board shall be composed of seven mem­ bers to be respectively appoin ted and elected as in this Act provided.

(3) (a) Two members of the boa rd shall be ap­ pointed by the Governor.

(b) Each member so appointed shall, subject

to this Act—

(i)   hold office for seven years or for such shorter period as m a y be specified by the Governor in

the ins t rument of appo in tmen t ; and

(ii)   be eligible for re-appointment on the expiration of his t e r m of office.

(c) The provis ions of the Public Service Act, 1902, or of any Act amending tha t Act, shall not apply to the appoin tment of such m e m b e r s ; and such members shall not, in the i r capaci ty as members of the board, be subject to the provis ions of the said Acts dur ing their t enure of office.

(d) One of the appointed members shall, in and by his appoin tment be the pres ident of the b o a r d , the o ther appoin ted member shall in and by his appoint­ ment be the vice-president of the board.

(e) The two members firstly appointed unde r

th is subsection shall assume office a t the commencement

of th is Act.

(f) Any officer of the Public Service or of the H u n t e r Dis t r ic t W a t e r Supply and Sewerage Boa r d appoin ted as pres ident of the board shall continue to con­ t r ibu te to the S ta te Superannua t ion F u n d and shall be entit led to receive any payment , pension or g ra tu i ty to which he would have been entit led if he bad remained an officer of the Public Service or of the H u n t e r Distr ic t W a t e r Supply and Sewerage B o a r d as the case may be and for such purposes his service as pres ident of the board shall be deemed to be service for the purposes of

the

the Public Service Act, 1902, or of the Acts repealed by this Act or of this Act or of the Superannua t ion Act, 1916-1935.

(4) (a) F ive members of the board shall be elected in accordance with th is Act .

(b) Elected members of the boa rd shall, sub­

ject to th is Act—

(i) hold office for four y e a r s ;
(ii) be eligible for re-election if otherwise qualified.

8. (1) The elected members shall be elected for constituencies which shall each r e t u r n the number of members indicated in the Second Schedule.

(2) E a c h consti tuency shall comprise the a reas grouped there in respectively as set out in the Second Schedule to this Act.

(3) The Governor may by proclamat ion published in the Gazette add the names of other a reas to the names of the a reas ment ioned in the said Schedule, and may include such a reas in any of the constituencies therein named, and may re-group the a reas included in the said constituencies by including or excluding a reas from such constituencies.

(4) Members for constituencies shall be elected by the a ldermen and councillors of the a reas comprised therein.

(5) F o r the purposes of this P a r t and the Second Schedule, " a r e a " shall have the moaning ascribed

there to in the Local Government Act, 1919.
9. Any person shall be eligible for election as a

member of the boa rd if at the t ime of the holding of the

councillor of any of the a reas for the t ime being com­	election he is eligible to be elected as an a lderman oi
pr ised in any consti tuency under this Act.
10. (1) F o r the purposes of the election of members of the board the Governor may appoin t a r e tu rn ing officer. The Governor may also appoin t such deputy r e tu rn ing officers and may establish such polling-places as he m a y deem necessary for the purposes of any such election.
(2) The elections shall be car r ied out and con­ ducted and the resul t thereof certified to the Governor as prescr ibed by the regulat ions .

11.      ( 1 ) (a) The first o rd ina ry election of members of

the board shall be held upon a day to be appointed by the Governor and notified in the Gazet te . The day so appoin ted shall be as ear ly as pract icable after the da te upon which His Majes ty ' s Assent to this Act is signified.

(b) E a c h member elected a t the first o rd ina ry

election re fe r red to in p a r a g r a p h (a) of this subsection shall assume office as a member a t the commencement of this Act and shall, subject to this Act, hold office unt i l the first day of March, one thousand nine hundred and for ty- three.

(2) (a) An o rd ina ry election to fill the vacancies caused by the expira t ion of the t e r m of office of elected members shall be held in the month of F e b r u a r y in the yea r one thousand nine hundred and forty-three, and in the month of F e b r u a r y in every four th yea r thereaf te r .

(b) E a c h member elected a t an o rd ina ry elec­

tion re fer red to in p a r a g r a p h (a) of th i s subsection shall assume office on the first day of March next following h is election.

(3) Any person who, immediately before the com­ mencement of this Act, holds office as a member of the H u n t e r Dis t r ic t W a t e r Supply and Sewerage Board shall not be enti t led to receive any fur ther remunera t ion in respect of such office.

This subsection shall not preclude any such person who becomes a member of the H u n t e r Dis t r ic t wa te r Boa r d const i tuted under this Act, from receiving remunera t ion as such member in accordance wi th this Act.
1.2. ( 1 ) If a candidate a t an election, or any o ther

person, shall, direct ly or indirectly, by himself or h is

considerat ion to induce any person to vote or to abs ta in	agent, offer to pay or give money, food, drink, o r valuable
from vot ing a t the election, he shall be guil ty of a mis­ demeanour .
(2) The election of a candidate shall upon his conviction for an offence under th is section be null and void.

13.      ( 1 ) (a) If a t the t ime appointed for an election

to be held in a consti tuency (other than the F i r s t Con­ st i tuency re fe r red to in the Second Schedule to this Act) there is no candidate , the Governor m a y appoin t a person qualified unde r the provis ions of this Act to be a

member of the board for the consti tuency. (b)

(b) If a t the t ime appointed for an election to be held in the F i r s t Consti tuency, there is no candidate , or an insufficient number of candidates , as the circum­ stances of the election may require , the Governor may appoin t a person or persons , as the case may be, to be a member or to be members of the board for tha t con­ sti tuency. But no person shall be so appointed unless he is qualified under the provisions of this Act to be a member of the board.

(2) Any person appointed under subsection one of this section shall hold office for the t e rm for which the member to be elected would have held office, and shall for the purposes of this Act be deemed to be an elected member.

14. No election under this Act shall be quest ioned by reason of any defect in the appoin tment of any person before whom such election shall have taken place if such person shall have really acted at the election, nor by reason of any formal e r ro r or defect in any publication unde r this Act or the regulat ions (or p u r p o r t i n g so to be) nor by reason of any publication being out of t ime, no r by reason of any election not having been duly held.

15. ( 1 ) Each member of the board, before enter ing upon the duties of his office, shall make and subscribe an oa th of allegiance to His Majesty, and shall make and subscribe the following declarat ion of office: —

I, , having been elected (or appointed)

a member of the H u n t e r Distr ic t "Water Board , do hereby declare tha t I will t ru ly and faithfully fulfil

judgment and ability. the duties of tha t office according to the best of my

(2) If a person neglects to make and subscribe such oath and declarat ion for a per iod of one month af ter the da te of his election or appointment , he shall be deemed to have declined to accept office.

(3) Where the Governor is satisfied tha t the delay in mak ing and subscribing the oath and declarat ion is unavoidable he may extend the t ime for making and subscribing the oath and declarat ion for any period not. exceeding six months .

( 4 )

(4) A n y person declining to accept office shall not

be eligible for re-election to fill the ex t r ao rd ina ry	vacancy
created.

16. The office of any member shall become vacant if

he—

(a)	d ies ;
(b)	resigns his office by writing under his hand addressed to the Governor ;

(c) is removed from office by the Governor ;

(d)	becomes bankrupt, compounds with his creditors or makes an ass ignment of his es ta te for thei r benefit;
(e)	is convicted of a felony or indictable mis­ demeanour ;
(f)	becomes an insane person or patient or an in­ capable person within the meaning of the Lunacy Act of 1898;

(g) declines office or is deemed to decline office;

(h) without permission of the board fails to give his a t tendance a t four consecutive meet ings of the b o a r d ;

(i)   being the president engages in any trade or business or in any pa id employment o ther than the performance of his duties under this A c t ; or

(j) being the pres iden t or the vice-president, a t t a ins the ago of sixty-five yea r s .

17.      (1) A n election to fill an ex t r ao rd ina ry vacancy

shall be car r ied out and conducted as prescr ibed by

regula t ions .

(2) A person elected to fill an ex t r ao rd ina ry

vacancy shall hold office unt i l the t ime when his p re ­ decessor ' s t e rm of office would have expired and no longer, bu t shall be eligible for re-election if otherwise qualified.

18. The expenses incurred in the conduct of an elec­ t ion shall, when certified unde r the hand of the r e tu rn ing officer, be pa id out of the General F u n d of the board .

19. (1) The pres ident of the board shall be pa id an annua l sa la ry to be de termined by the Governor .

(2) The pres ident shall not du r ing his t e rm of office engage in any t r ade , business, or in any pa id employment other than the performance of his duties under this Act.

(3) (a) The vice-president and each of the elected members of the board shall respectively be enti t led to receive as remunera t ion for his services a sum not exceeding one hundred and fifty pounds per annum, to be paid in the form of a fee of such amount as may be prescr ibed by the regulat ions for each meet ing of the board a t tended.

(b) A vice-president who is a member of the Public Service Board , or an officer of the public service shall, no twi ths tanding the provisions of any Act, or of any r ide or regulat ion made under any Act, be enti t led to receive remunera t ion unde r this subsection in addit ion to any remunera t ion to which he is enti t led as a member of the Public Service B oa r d or as an officer of the public; service as the case may be.

(4) The office of an elected member of the board shall not, for the purposes of the Const i tut ion Act, 1902, be deemed to be an office of profit under the Crown.

20.      I n the absence of the pres ident the vice-president

m a y act in his stead, and whilst so act ing shall have the same powers and duties as the pres ident , if present , would have.

The vice-president whilst so act ing may be paid such remunera t ion in addi t ion to the remunera t ion re fer red to in subsection three of section nineteen of this Act as the Governor may determine.

2 1 . (1) I n the absence of the pres ident and vice- pres ident from any meet ing of the board the members of the board then present shall elect from among them­ selves a deputy cha i rman who shall pres ide a t the meet ing and dur ing any continued absence of the presi­ dent and vice-president, and snail have the same powers and dut ies as the pres ident , if present , would have.

( 2 )

(2) If there be an equali ty of votes in the election
of a t e m p o r a r y cha i rman it shall be decided by lot which

of the members of the board having an equal number of

votes shall be t e m p o r a r y chairman.

22 . (1) Subject to the provis ions of section twenty- one hereof the pres ident , or in his absence the vice- pres ident , shall pres ide a t all meet ings of the board, and shall have a cas t ing vote in addi t ion to a deliberative vote.

(2) A n y four members of the board shall be a quorum thereof, and shall have and m a y exercise a n d discharge all the powers , au thor i t ies , duties and functions of the board.

(3) All questions ar i s ing a t any meet ing of the

board shall be decided by the major i ty of the votes of the

members present .

( 4 ) The board shall keep full and accurate

minutes of all i ts proceedings in such manner and form
as may be prescr ibed by the regulat ions.

23 . (1) The board shall be a body corporate , wi th pe rpe tua l succession and a common seal, and may sue and be sued in i ts corpora te name, and shall for the purposes and subject to the provis ions of this Act, be capable of purchas ing, holding, g ran t ing , demising, dis­ posing of or otherwise deal ing with real and personal p roper ty , and of doing and suffering all such acts and things as bodies corpora te may by law do and suffer.

( i ) The corpora te name of the board shall be

" T h e H u n t e r Dis t r ic t W a t e r B o a r d . "

(3) The common seal shall be kept in the

as the board may determine and shall not be affixed to any	custody of the pres ident or of such member of the board
ins t rument or wr i t ing except in the presence of a quorum of the board and two of the members in whose presence the seal is affixed shall a t t es t by their s igna tures the fact a n d date of the seal being so affixed.

( 4 ) All cour ts and persons having by law or con­

sent of pa r t i e s au thor i ty to hear , receive, and	examine
evidence—

(a) shall take judicial notice of the seal of the board affixed to any document ; and

(b)

(b) shall , unt i l the con t ra ry be proved, presume tha t such seal was p roper ly affixed thereto .

( 5 ) No act or proceeding of the board shall be

inval ida ted or prejudiced by reason of any defect or i r r egu la r i ty in the consti tut ion of the board or in the election or appoin tment of any member or by reason of t he r e being any vacancy in the number of members a t t h e t ime of such act or proceeding.

24. Any moneys due to the board, whether for ra tes

o r otherwise, shall, for the purposes of the recovery

thereof, be deemed to be moneys due to His Majesty, and

m a y be sued for and recovered by the board.

25 . (1) No m a t t e r or th ing done and no contract

en te red into by the board, and no ma t t e r or th ing done by a n y member or officer of the board or by any other person whomsoever act ing under the direction of the board shall, if the ma t t e r or th ing was done or the contract was en te red into bona fide for the purpose of executing th is Act, subject them or any of them personal ly to any act ion, liability, claim or demand whatsoever .

(2) Nothing in this section shall exempt any member of the board from liability to be surcharged with t h e amount of any payment which is disallowed by the a u d i t o r or audi tors in the accounts of the board, and which such member author ised or joined in author is ing.

P A R T IV .

FUNCTIONS AND POWERS OF BOARD.

DIVISION 1.—Administration.

26. (1) The board shall appoint and employ a secre­ t a r y and such other officers and workmen to assis t in the •execution of this Act as it may think necessary. The officers and workmen so appointed shall continue in the employ of the board a t the will of the board only.

(2) A member of the board shall not, except with t h e approva l of the Governor, be appoin ted to any posi t ion in the p a y of the board unti l six months have e lapsed from his ceasing to be a member.

D (3)

(3) No officer or workman appointed under this section shall, without the permiss ion of the board, engage in any other employment .

(4) All officers and workmen shall be subject to the control and governance of the board, shall be subject to the provis ions of any by-laws made by the board in tha t behalf, and (where required by the board) shall give such securi ty for the performance of the i r several dut ies a s the board shall require .

27. (1) Any person in any office or employment unde r this Act who, wi thout lawful au thor i ty , demands or receives from any person any payment , g ra tu i ty , o r p resen t in considerat ion of doing or of omit t ing to do any act or th ing per ta in ing to his office or employment shall be liable to impr isonment with or without h a r d labour for a t e rm not exceeding two years .

(2) A n y person who, without lawful au thor i ty ,

offers, makes, or gives to any person in any office or employment under this Act any payment , g ra tu i ty , or p resen t in considerat ion tha t the la t t e r will do or omit to do some act or th ing per ta in ing to his office or employ­ ment shall be liable to impr isonment wi th or without h a r d labour for a t e rm not exceeding two years .

28 . (1) If any officer or workman, when required by the pres ident or secretary, fai ls—

(a)	to render account of moneys which shall have come into his hands or under his control and of his dealings therewith or to p a y to the pres ident or secre tary the balance of any such moneys ; or
(b)	to deliver up within two days to the president

or secre tary all pape r s , p rope r ty , and things in his possession or power re la t ing to the execu­ tion of this Act or belonging to the board,

any s t ipendiary or police mag i s t r a t e or any two just ices may, on the complaint of the pres ident or secre tary , o rder such officer or workman to r ender the accounts, pay the balance, or deliver u p the pape r s , p rope r ty , and things , as the case m a y be, and tha t on non-compliance with the o rder the officer or workman be impr isoned for a per iod not exceeding six months .

(2)

(2) Proceedings under this section shall not affect the liabili ty of any sure ty of any officer, or relieve any officer or workman from being held to answer any cr iminal information, charge, or proceeding.

(3) F o r the purposes of this section "officer or w o r k m a n " shall include a person who has , within twelve months p r io r to any requi rement aforesaid, been a n officer or workman.

29 . Any officer, workman or other person who wil­ fully des t roys any document of or belonging to the board shal l be deemed gui l ty of a misdemeanour .

30.      ( 1 ) Subject to the provisions of this Act the board

is charged wi th—

(a) the conservat ion, preserva t ion , and dis tr ibut ion

of wa te r for domestic and other u s e s ;

(b)	the provision of reticulation and other means for the discharge of sewage and its t r ea tment
and d isposa l ;
(c)	the construction, control, and management of such s to rmwate r channels as a re from t ime to t ime assigned to it by the Governor or a re vested in it by this A c t ;
(d)	the administration and management of all pro­ per t ies from time to t ime vested in i t ;
(e)	the operation and maintenance, and where neces­ sa ry the improvement and extension of all works from time to t ime vested in i t ;
(f)	the construction of any new, additional, or sup­ p lemen ta ry works of water supply, sewerage, or
d r a i n a g e ;
(g)	the extension of i ts services to a reas or dis t r ic ts not served with i ts mains or sewers or d r a i n s ;
(h)	the provision of such offices, stores, warehouses, depots , and other accommodation as m a y be requ is i t e ;

(i)   the exercise of the duties conferred and imposed upon i t by this Act.

(2) The boa rd shall exercise the functions set out in the las t preceding subsection within i ts a rea of opera t ions .

( 3 )

(3) The provis ions of P a r t I I I of the Publ ic W o r k s Act , 1912, shall not extend to works constructed or p roposed to be constructed by the board.

(4) The board may, with the approva l of t he Governor , supply wa te r in bulk to the council of any municipal i ty or shire within or outside its a rea of opera t ions .

DIVISION 2.—Construction.

3 1 .     The board may construct—

(a)	such storage dams, weirs, tunnels, aqueducts,
p ipe lines, canals, reservoi rs , filters, and w a t e r
t r ea tment works, pumping s tat ions, g rav i ta t ion ,

r i s ing and ret iculat ion mains , and d i s t r ibu tory works, and other works as in i ts opinion may be

required for wa te r supply p u r p o s e s ;
(b)	such main and reticulating sewers, pumping: s ta t ions, mains , works for t r ea tmen t and purifi­ cation of sewage, outfall works, vent i la t ing shafts, and other works as in i ts opinion may b e required for sewerage pu rposes ;
(c)	channels and branch channels, cut t ings, d r a i n s , pipes, and other works as in i ts opinion may be
requi red for s to rmwate r d ra inage purposes .

32 .      ( 1 ) F o r the purposes and subject to the p r o ­

visions of this Act the board may—

(a)

enter upon any lands and take levels of the same and set out such p a r t s thereof as it shall think

necessary, and dig, break, and t rench the soil of	such lands and remove or use all ear th , s tone ,
mines, minera ls , t rees , or other th ings d u g	or

obtained out of or from the same ;

(b)	enter upon, take and hold such land as it may from time to t ime deem necessary for the con­ struction, maintenance, repa i r , or improvement
of any w o r k s ;
(c)	from time to time sink such wells or shafts and make, mainta in , a l ter , or discontinue such reser­ voirs , wate rworks , cisterns, tanks , aqueduc ts ,
d ra ins , cuts, sluices, pipes, culverts, engines a n d

other

other works and erect such buildings upon the lands, s t reams, and watercourses au thor ised to

be taken as it shall think p r o p e r ;

(d)	from time to time divert and impound the water from any s t reams as it may think fit and a l ter the courses of the same, and also take such waters as may be found in, under , or on any lands for the purposes of this Ac t ;
(e)	enter upon any Crown or private land, public road, or street , and may erect any vent i la t ing shaft or lay or place therein any water or sewer­ age main, pipe, or dra in , or repai r , al ter , cut off or remove the same ;
(f)	erect, construct, or carry out any works neces­ sa ry or convenient in connection with any works or under tak ings author ised by or under this Act or any other Act, or any Act repealed by this A c t ;
(g)	alter, repair, or renew, pull down or re-erect any works author ised by or under this Act or any other Act, or any Act repealed by this Act ;
(h)	do any act not otherwise unlawful which may be necessary to the p roper exercise and perform­ ance of i ts duties.
( 2 ) The board may cause any vent i la t ing shaft,

pipe, or tube for any sewer to be a t tached to the wall of any building, but the mouth of any such shaft, pipe, or tube shall be a t least six feet higher than the highest point of the roof of the building, and be d is tan t in a horizontal direction not less than th i r ty feet from a door

or window of any building.

(3) W h e r e any land is subdivided into holdings or al lotments the board may make and provide any sewer which it deems necessary for the p rope r d ra inage of such holdings or al lotments without making any compensat ion therefor to pa r t i es in teres ted except in reference to any building or other improvement t ha t may be injured or in ter fered with by the sewer or the making thereof and which the board has not re ins ta ted or repaired, or in respect of any manhole constructed or main vent i la tor erected on the land.

(4)

(4) I n the exercise of any of the powers hereby conferred the boa rd shall inflict as l i t t le damage as may be, and in all cases where i t can be done shall provide o ther water ing-places , d ra ins , and channels for the use of adjoining lands in place of any taken away or in te r rup ted by it, and shall make full compensat ion to all par t ies in teres ted for all damage susta ined by them through the exercise of such powers .

(5) The board shall not be liable to make com­ pensat ion in respect of any damage sustained by reason of the exercise of any of i ts powers unless a claim in wr i t ing shall be made for the compensat ion within six months af ter the damage is sus ta ined ; and in every case where the board cannot agree with the owner or claimant the amount of compensat ion shall be ascer ta ined and the case in other respects shall be deal t with under the pro­ visions of the L a n d and Valua t ion Cour t Act, 1921, as if i t were a case in which a claim for compensation by reason of the acquisit ion of land for public purposes under the Publ ic W o r k s Act, 1912, had been made .

33 .      (1) The board shall cause maps to be p r e p a r e d

showing the a reas served by its wa te r mains and ret icu­ lation, i ts sewer mains and ret iculat ion, and its s torm­ wate r channels and branches .

(2) The m a p s shall indicate the land liable to pay­ ment of r a t e s , the levels of the works of the board a t the road f rontages of all such lands , and where pract icable the distance of the works from the nea res t boundar ies of the lands , and the s i tuat ion of the buildings on the lands .

(3) The m a p s shall be kept revised from time to t ime and shall, within the office hours of the board, be open to the inspection of the owners of the lands and of

licensed p lumbers and d ra ine r s .

34.      (1) The boa rd may make and enter into contracts

or agreements with any person for the construct ion of works , or otherwise for the per formance of services, or for the supply of goods, machinery, or mater ia l , in con­ nection with the discharge or exercise by the board of i ts functions and powers .

(2)

(2) All persons contract ing with the board shall be deemed for the purposes of the Const i tut ion Act, 1902, to be public contractors .

(3) Any contract or agreement author ised by this or any other section of this Act shall be in the name of the board and may be made as follows, tha t is to say—

with respect to any contract which if made between pr iva te persons would be by law requi red to be in wr i t ing and signed by the pa r t i e s to be charged therewith or in wr i t ing and under seal the board may make such contract in wri t ing and under thei r common seal and in the same manne r may v a r y or discharge the same ;

with respect to any contract which if made between pr iva te persons would by law be valid although made by parol only and not reduced into wr i t ing the pres ident of the board may make such con­ t rac t by paro l only without wr i t ing and in the. same manne r may va ry or discharge the same.

35. (1) Subject to this section the works author ised by the Mai t land Dis t r ic t Sewerage Act, 1935, a re ex­ cepted from the control of the board, and the construc­ t ion of such works shall continue to be the function of

the Minister .

(2) The Governor may a t any t ime by proclama­ tion order tha t the construction of the said works shall, f rom a da te to be fixed in the proclamation, be assumed by the board, and the works shall be t r ans fe r red accordingly. The board is hereby empowered to ca r ry out and complete the works so t r ans fe r r ed under the

provisions of this Act.

(3) "Where such an order as in the next preceding subsection is made , such officers of the Public Service employed in connection with the work as the Governor may direct shall be t r ans fe r red to and become officers of the board .

36. Subject to the provis ions of this Act the board shall be the sole au thor i ty for the conduct of water supply and sewerage services, and the construct ion, con­ trol , and management of s to rmwate r channels, within i ts

a r ea of opera t ions .

37. Notwi ths tanding any other provision in this Act contained, the Minis ter may ca r ry out the construct ion of any work of d ra inage including a s to rmwate r channel within the a rea of opera t ions of the board, and the pro­ visions of the Public W o r k s Act, 1912, as amended by subsequent Acts , shall apply in all respects to such con­ struct ion.

DIVISION 3.—General.

38. (1) F o r the purposes and subject to the p ro ­ visions of this Act and the by-laws the board and any person au thor i sed by it m a y enter upon any land or building a t any reasonable hour in the dayt ime and a t any hour dur ing which business is in p rogress or is usually car r ied on in the premises for the purpose of making inspections au thor ised or required to be made, and for tha t purpose may open any ground and remove any flooring and take such measures as may be necessary to ascer ta in the charac ter and condition of the land or building and of any pipe, sewer, dra in , or fitting in con­ nection therewith.

(2) If such pipe, sewer, dra in , or fitting or other works a re found on inspection to be made to the satisfac­ t ion of the board and in p rope r order and condition, it shall cause the same to be re ins ta ted and made good as soon as may be, and except in a case where a breach of th is Act or the by-laws with respect to the pipe, sewer, dra in , or fitting has been committed, the costs and ex­ penses of examinat ion, re ins ta t ing , and making good thereof shall be defrayed by the board.

(3) I n the exercise of the power conferred by this section the board shall do as little damage as possible.

(4) The board may direct and compel all defec­ tive and improper work to be a l tered or r epa i red to i ts sat isfact ion or to be removed. Unless the a l tera t ion, repa i r , or removal be effected within twenty-four hour s a f te r notice given to the owner or occupier of the p re ­ mises , the board may by its officers and workmen, enter a n y land or premises and remove the work or effect the necessary a l te ra t ions or r epa i r s there to . The costs and expenses of removal, a l tera t ion, or r epa i r may be re­ covered by the board from the owner or occupier as a

r a t e . 39 .

39. Any person who wilfully or maliciously h inders or i n t e r rup t s or causes or procures to be h indered or in t e r rup ted the board or any officer or person acting unde r the au thor i ty of the board in doing any work or in the exercise of any power, shall be liable, on summary conviction, to a penal ty not exceeding ten pounds.

40. The board may open and break u p the soil and pavement of the pa ths , roads , s t reets , and br idges within any p a r t of i ts a rea of operat ions , and may open and break up any sewers, dra ins , or tunnels within or under such pa ths , roads , s t reets , and bridges, and lay down and place pipes , vent i la t ing shafts, and other works and fittings, and from time to time repair , al ter , or remove the s a m e ; and for the purposes aforesaid may remove and use all ea r th and mater ia l s in and under such pa ths , roads , s t ree ts and bridges, and do all other acts which the board from t ime to t ime deems necessary.

41 .      ( 1 ) Before the board opens or breaks up the soil

or pavement of any pa th , road, street , or br idge or any sewer, dra in , or tunnel , it shall give to the Public Author i ty unde r whose control or management the same may be, or to the i r clerk, surveyor or other p rope r officer, notice in wr i t ing of i ts in tent ion to open and break up the same.
(2) Such notice shall be given not less than seven clear days before beginning the work, except in cases of emergency ar i s ing from defects in any pipes or other works or fittings, and then so soon as possible af ter the beginning of the work or after the necessity for the same

h a s ar isen.

(3) W h e r e the board proposes to lay a new line of p ipes across a br idge i t shall give to the Public Au thor i ty hav ing control of the br idge twenty-one d a y s ' notice of i ts in tent ion so to do, and shall conform to the requi rements (if any) of the Public Author i ty in relat ion to the laying of the pipe line, communicated to the board within twenty-one days of the notice. Should the board deem the requi rements of the Public Author i ty unreason­ able it m a y refer the dispute to the Minis ter for settle­ men t in accordance with P a r t V I I I of this Act.

42 .      (1) W h e n the board opens or breaks up the soil

or pavement of any pa th , road, s t reet , or br idge, or any sewer, dra in , or tunnel, it shall with all convenient speed complete the work for which the same is broken up and till in the ground and re ins ta te and make good the pa th , road, s t reet , or br idge, or the sewer, dra in , or tunnel so opened or broken up, and ca r ry away the rubbish occasioned thereby.

(2) The board shall a t all t imes whilst any such pa th , road, s t reet , or br idge is so open or broken up cause the same to be fenced and guarded , and shall cause a l ight sufficient for the warn ing of passengers to be set up and kept there th roughout every night dur ing which such path , road, s t reet , or br idge continues open or broken up .

(3) I t shall make such t empora ry and other works

for the convenience of passengers and traffic as the

circumstances m a y require .

(4) I t shall, a f te r replacing and making good the

pa th , road, s t reet , or br idge so broken u p , keep the same

in good repa i r for six months thereaf te r .

(5) A council, if a public road becomes damaged by reason of leakages from the mains of the board, or the burs t ing of any main of the board , whe ther or not such leakage or bu r s t ing is a t t r ibu tab le to the negligence of the board or an officer or se rvan t thereof, may requi re the board to make good the damage .

(6) If the boa rd omits to give notice a s requi red
o r fails to pe r fo rm or makes any unnecessary delay in

pe r fo rming any of the said duties requi red to be pe r ­

formed by it, it shall for every such offence forfeit to t he	Publ ic Author i ty hav ing the control or management of
t h e pa th , road , s t reet , or br idge, sewer, dra in , or tunnel in respect of which the default is made a sum of not more t han five pounds and an addi t ional sum of five pounds for each day du r ing which any delay as aforesaid continues af ter i t has received notice thereof; and the Public Au tho r i t y m a y af te r notice in wr i t ing to the boa rd cause to be executed any work so delayed or not pe r fo rmed ; and the expense thereof shall be repa id to it by the board, and m a y be recovered wi th full costs in any cour t of com­
petent jur isdict ion.

43 . If the hoard at any t ime deems it necessary for the purposes of this P a r t to raise , sink, or otherwise a l ter the posit ion of any gaspipes or gasworks, water , hydraul ic , or s team pipes, electric wires , pneumat ic pipes or tubes, or t r amways laid in or unde r any s t ree t the board may, by notice in wri t ing, require the person to whom the said pipes or works or wires or tubes or t r a m w a y s belong to raise , sink, or otherwise a l ter the s i tuat ion of the same in such manne r and within such reasonable t ime as is specified in such notice.

The expenses a t t endan t upon or connected with such a l te ra t ions shall be pa id by the board.

If such notice is no t complied with the board may make

the a l te ra t ions required.

No such a l tera t ion shall be required or made which will permanent ly injure any such pipes or works or t ram­ ways , or prevent the gas from flowing or vehicles from pass ing as freely and conveniently as usual .

44.      ( 1 ) W h e r e a wa te r or sewer main has been laid

and is available to be connected to, public notice thereof
by adver t isement in the Gazette shall be given.

(2) Subject to the provis ions of this Act, the owners of all lands within the prescr ibed distance shall, in the case of a wa te r main, as from the expirat ion of th ree weeks, and in the case of a sewer main, as from the expi ra t ion of sixty days af ter the publication of the said notice, be liable for payment of water or sewerage ra tes , as the case may be.

(3) The board shall, so far as pract icable, for th­ with give notice in the prescr ibed form to the pe r sons
who appea r by the rate-books of the council of the muni­

cipality or shire to be the owners of the lands who will be liable to be r a t ed under this Act in respect of wa te r ra tes or sewerage ra tes , as the case may be.

(4) Any person desi r ing to connect his premises with a main may, subject to such conditions as may be imposed by law, open up any s t reet or footpath to the extent requi red to make the connection.

(5) All connections shall be made to the sat is­ faction of the board and in the manner prescr ibed by the by-laws.

(6)

(6) If any person fails to connect his premises to a main before he becomes ra table unde r this section, the board m a y of i ts own motion or a t the request of the council of the municipal i ty or shire in which the main is s i tuated, itself make such connection and do all th ings

necessary in t ha t regard .

(7) Any person desir ing to connect his premises to a main may apply to the board to make the connection on a system of deferred payment , and it shall be lawful for the board to enter into an agreement to ca r ry out the work on such t e rms and condit ions as it m a y deem proper .

(8) A n y moneys due to the board under any such agreement to make a connection or for making a connec­ t ion under the power conferred in subsection six of this section, shall become charged upon the premises and may be recovered as a ra te .

45. Whenever default is made by the owner of any land or premises in the execution of any work by this Act or by any regula t ion or by-law required to be executed by him, the occupier of such building or land may, with the approva l of the board, cause such work to be executed, and such occupier may deduct the amount of the expense

thereof, with in teres t thereon a t the r a t e of seven pounds

pe r centum per annum out of any rent from time to t ime due or becoming due from him to such owner, or he m a y recover the same in a cour t of pe t ty sessions as a civil debt recoverable summari ly , or in any court of competent jur isdict ion.

46.      ( 1 ) The board may, on such t e rms as to the

pass ing of examinat ions and the payment of fees as m a y
be prescr ibed by the by-laws, issue licenses to persons

au thor i s ing them to supervise and pe r fo rm works in con­

nection with wa te r supply, sewerage, and dra inage .

( 2 ) The board may in the m a n n e r and subject to

the conditions prescr ibed by the by-laws, suspend or cancel any license issued as aforesaid or any license issued under the provis ions of any Act repealed by th is Act,

(3) No person shall commence or pe r form any
work in connection with wa te r supply, sewerage, or dra in­

age which communicates or is intended to communicate

directly

•directly or indirect ly with the pipes, sewers, or d ra ins of the board unless he is, or is under the immediate super­ vision of, the holder of a license.

(4) Any person act ing in contravention of the provis ions of this section or any person who knowingly •employs another to commence or per form any such work in contravent ion of this section shall be liable on sum­ m a r y conviction to a penal ty not exceeding ten pounds.

(5) No license issued by any au thor i ty other than the board or the H u n t e r Dis t r ic t W a t e r Supply and Sewerage Boa rd shall entitle the holder thereof to com­ mence or pe r fo rm work in connection with wa te r supply, sewerage, or d ra inage , which communicates wi th the p ipes , sewers, or d ra ins of the board.

DIVISION 4.—Special provisions as to water supply.

47.      (1) W a t e r available from works provided by or

ves ted in the board shall be p r imar i ly used and equitably d is t r ibuted for domestic purposes , sewerage flushing, a n d the maintenance of a suitable p ressure for fire ext inguishing.

( 2 ) The board may dis t r ibute the balance avail­

able in accordance with the importance, in the opinion of the board, of the purposes for which the water is to be appl ied.

(3) In cases where works a r e specially constructed
to supply wa te r for purposes other than for human con­

sumpt ion, and where water available is unfit for human

consumpt ion, there shall be no such restr ic t ion.

48.      ( 1 ) The board may supply any person with water

for domestic or other purposes by measure or otherwise a t such ra tes upon such t e rms and subject to such con­ di t ions as m a y be prescr ibed by the by-laws.

( 2 ) The board shall fix ra tes of charge a t which

w a t e r may be purchased from the board if in the opinion
of the board it is available.

(3) The ra tes of charge m a y v a r y according to the purpose for which the wa te r is purchased or the point a t or dis t r ic t in which the water is delivered.

49 . The board shall not be liable to any penal ty o r damages for not supplying wa te r if wan t of such supply ar ises from unusual d rought or o ther unavoidable cause or accident, nor shall the board be compellable to supply wa te r to any person whomsoever.

50. (1) The board shall fix p r o p e r h y d r a n t s in i t s

mains and other p ipes a t such convenient distances and at such places as the board considers p rope r and con­ venient for the ready supply of wa te r for ext inguishing any fire. I t shall renew and keep in effective order every such hydran t , and shall exhibit a conspicuous sign direct­ ing notice to the s i tuat ion of the hydran t . The sign may be pa in ted on or a t tached to any building, fence, or other s t ruc ture , and the board shall not be required to obtain any permiss ion to pa in t or a t tach any such sign nor t o p a y for doing so.

(2) The board may a t the request and expense of the owner or occupier of any building, manufac tory , or works place and main ta in in effective o rder a h y d r a n t (to be used only for ext inguishing fires) in or as nea r a s conveniently may be to such building, manufac tory , or works .

(3) The board shall a t all t imes keep charged with wa te r all i ts p ipes to which h y d r a n t s a re fixed unless prevented by drought or o ther unavoidable cause o r accident or dur ing necessary r epa i r s . W a t e r may be taken without charge by author ised persons for the pu r ­ pose of ext inguishing fires.

51 . (1) The boa rd shall take effective measures t o protec t the supply of wa te r from being illegally diverted,

polluted, misused, or wasted, and to main ta in an adequa te

and pu re supply.

(2) I n the case of d rought or of any accident or unavoidable cause the board m a y regula te the use of wa te r supplied by the boa rd for any purpose , and the consumption and method of consumption of wa te r whether the supply is by measure or otherwise.

52. A n y person who unlawfully and maliciously
des t roys or damages , or a t t empts to des t roy or damage,

any s torage reservoir , main, p ipe , hydran t , p lant , o r

other

other work or s t ruc ture , used for or incidental to the supply of water by the board shall be liable on conviction to penal servitude for a t e rm not exceeding ten yea r s .

53 .     The board may cut off the supply of wa te r to any

(b) If any of such persons pays more than his proportionate part, he may recover the excess by way of contribution from the others.

23. Where a ratable person disposes of his estate or interest in the
land, he shall nevertheless be a ratable person and liable for the rate

to the same extent as if he had not disposed of his estate or interest,

provided that the rate notice i s served either—

(a) before he disposes of his estate or interest; or

(b) before a notice of transfer in or to the effect of the form prescribed by the by-laws is given.

24. If any ratable person, who disposes of his estate or interest in the land, pays any rate in respect thereof which has become payable after he disposes of his estate or interest and before the prescribed notice of transfer is given, he may recover the amount from the person to whom he disposes of his estate or interest.

25. As between a ratable person and any other person from or to

whom he derives or disposes of his estate or interest in the land every

rate shall be considered as accruing from day to day and shall be
apportionable in respect of time accordingly.

26. Where a person by becoming entitled to an estate or interest in the land becomes a ratable person, he shall be liable to the board for the current rate and for all arrears of the rate owing by any previous owner in respect of the land, notwithstanding the fact that he became entitled to the estate or interest after the rate notice was served.

27. If any ratable person who becomes entitled to an estate or interest in the land pays to the board any rate in respect thereof which became payable before he became entitled to the estate or interest, he may recover a proportion of the amount from the person who was liable to the board for the rate at the time when the rate notice was served.

28. Nothing in clauses 26 and 27 of this Schedule shall affect or extend to any person who is the holder of a lease from the Crown or from the board, where the lease is granted after the rate is levied, although the land was previously held under a lease from the Crown or from the board.

29. The proviso to clause 31 of this Schedule relating to a charge for rates shall apply mutatis mutandis to the liability for rates under clauses 26 and 27 hereof.

30. (1) Where rates for the payment of which a ratable person is liable are unpaid at the expiration of one month after the date when they became payable, the board may serve notice upon the occupier (if any) to pay the rates, and the occupier shall thereupon become liable to pay the same.

(2) Where the rates for which the owner is liable are required from and paid by the occupier, the occupier may set off the amount so paid against any rent due from him to the owner.

I f where the rates are so paid no rent is due, or if the amount of the rates so paid exceeds the amount of rent due, the occupier may either set off the amount so paid or the amount of the excess against accru­ ing rent or recover it or part of it by action as for money paid, with full costs as between solicitor and client.

(3) A tenant who pays rates for a period extending beyond his

term shall be entitled to recover from his landlord the amount so paid,

with such costs as aforesaid.

(4) The receipt of the board for such rates shall be a discharge of the rent and conclusive evidence of the payment thereof to the amount specified in the receipt.

31. (1) Every rate under this Act, and any costs awarded to the board by any court in proceedings for the recovery of the rate shall be a charge on the land in respect of which a rate notice is served, in priority to all sales, conveyances, transfers, mortgages, charges, liens, and encumbrances whatsoever:

Provided that—

(a)	no such charge for any rate or costs shall be of any effect as against a bona fide purchaser for value who at the time of purchase made due inquiry, but had no notice of the l iability;
and (b)

(b) a purchaser shall be deemed to have made due inquiry who has obtained a certificate under section one hundred and five as to the amount (if any) due to the board.

(2) The provisions of the preceding paragraph and the proviso thereto shall extend to all sums due to the board and by this Act declared to be charged upon land.

(3) Where the land is owned by the Crown the charge shall not affect or extend to—

(a) the estate or interest of the Crown in the land; or

(b) the estate or interest of any person holding under a lease from the Crown where the lease is granted after the rate is levied, although the land has been previously held under a lease from the Crown.

(i) The charge shall rank pari passu with any charge on the land under any other Act.

•32. In this Schedule the expression ''ratable person" means any owner of land or any holder of a lease who is made liable to pay the rates.