Junee Water Supply Administration (Amendment) Act 1927 (NSW)

JUNEE WATER SUPPLY

ADMINISTRATION

(AMENDMENT) ACT.

Act No. 37, 1927.

A n A c t t o m a k e p r o v i s i o n for t h e f u t u r e a d m i n i s t r a ­

t i o n of t h e w a t e r s u p p l y a t J u n e e ; t o a u t h o r i s e

t h e	c o n s t r u c t i o n	o f	c e r t a i n	a d d i t i o n a l	w o r k s	;
t o	a m e n d	t h e	J u n e e	W a t e r	S u p p l y	A d m i n i s ­
t r a t i o n	A c t ,	1 9 1 5 ,	a n d	c e r t a i n	o t h e r	A c t s ;

a n d	for	p u r p o s e s	c o n n e c t e d	t h e r e w i t h .
[ A s s e n t e d	t o ,	6 t h	A p r i l ,	1 9 2 7 . ]

BE b y and wi th t h e advice a n d consent of t h e Leg i s ­

it enacted by t h e K i n g ' s Mos t Exce l l en t Majes ty ,

la t ive Counci l a n d Legis la t ive Assembly of New Sou th

W a l e s in P a r l i a m e n t assembled, a n d by the au thor i ty of

t he same, as follows :—

1 . This A c t m a y be cited as t h e " J u n e e W a t e r

Supp ly Admin i s t r a t ion ( A m e n d m e n t ) Act , 1927 , " and

shall be read a n d cons t rued wi th t he J u n e e W a t e r

Supp ly Admin i s t ra t ion Ac t , 1915 , wh ich in th is A c t is

(2)

referred to as t h e Pr inc ipa l Ac t .

The P r inc ipa l A c t as ame nded b y th is A c t m a y b e

ci ted as t he " J u n e e Wa te r Supp ly Admin i s t r a t i on A c t s ,

1 9 1 5 - 1 9 2 7 . "

2 . This Act shal l c o m m e n c e and come in to operat ion

on a da te to be procla imed.

(1) Section two of t he P r inc ipa l A c t is amended by o m i t t i n g t he definition of " T h e Commiss ioner " and

3 .

inse r t ing in place thereof—

" C o m m i s s i o n e r s " means t h e Ra i lway Commis ­

sioners for N e w South Wales .

(2) The Pr inc ipa l A c t is f a r t h e r amended—

(a)	by omitting from sections five, six, nine, ten, and th i r teen the word " C o m m i s s i o n e r " wherever there in occur r ing and by inser t ing in lieu thereof the word " Commissioners " ;
(b)	by omitting from section nine the words " he " a n d " his " and by inser t ing t he words " they " a n d " thei r " in l ieu thereof respectively ;
(c)	by omi t t i ng t h e short headings to sections seven
and nine .

4 .     Section three of t h e P r inc ipa l A c t is amended by

inser t ing new subsections as follow :—

(3) The Admin i s t r a to r m a y with t he consent of

t h e Minis te r by wr i t ing u n d e r his band delegate to a n y officer in t h e Pub l ic Service any of t he powers , au thor i t ies , dut ies , or funct ions conferred or imposed upon h i m by th is Act o ther t h a n the power of delegat ion.

(4) The Admin i s t r a to r shal l for t h e purposes of

th i s A c t be a corporat ion sole w i th pe rpe tua l

succession and a seal of office, u n d e r t h e n a m e of

" t he Admin i s t r a to r of t h e J u n e e W a t e r Supp ly , "

a n d in t h a t n a m e may sue and be sued.

(5) W h e r e any proper ty real or personal or

in te res t the re in or cha rge the reon is vested in or is acquired by t h e corporat ion sole the same shall , unless otherwise disposed of by t he corporat ion sole, pass and devolve to and vest in i ts successors.

5 . Sect ion five of t he P r inc ipa l A c t is amended by

o m i t t i n g pa r ag raph (j) and inser t ing t h e following new

p a r a g r a p h s : —

(j) the boost ing p lan t on t he gravi ta t ion m a i n ;

(k) t he addit ional service reservoir ;
(1) any addit ions, amplifications, improvemen t s , or

extensions of works (other t h a n those vested or which m a y hereafter be vested in t he council) for supp ly ing the counci l or t he Commissioners

wi th water .

6 . Section six of t he Pr inc ipa l Ac t is amended by

o m i t t i n g t he words and figures " Count ry Towns W a t e r

and Sewerage Ac t s , 188C-1905, a n d any Acts amend ing

t h e m , "

t h e m , " and i n s e r t i n g in p lace thereo f t he words and

f igures " Local G o v e r n m e n t Act , 1919, and any Acts

a m e n d i n g tha t Ac t . "

7 . The following sections are inser ted n e x t af ter

section six of t he Pr inc ipa l A c t : —

6A. The Admin i s t r a to r m a y a t t he reques t of the

council cons t ruc t a n y extensions of the works n a m e d in section six, a n d in respect of such e x t e n s i o n s t he provisions of P a r t X I V of t h e Local

G o v e r n m e n t Act , 1919, shall app ly .

6 B . I n respect of any works referred to in sections

six and 6A, t h e Admin i s t r a to r m a y direct w h a t

a n n u a l s u m shall be set aside by t h e council ou t of t he revenue derived from such works as a reserve for t he purpose of effecting renewals thereof.

Such sum shal l be paid in to a separate b a n k i n g

accoun t of t he council , and as soon as may be after such paymen t , t he a m o u n t thereof shal l be inves ted

in Commonwea l th or S ta te G o v e r n m e n t loans or

securities, or placed on f ixed depos i t w i th t h e

council 's b a n k .

In t e r e s t acc ru ing from such inves tmen t s shall be

regula r ly added to t he account and invested in l ike

manner .

The reserve so c ;eated shal l no t be d r a w n upon
excep t wi th t he approva l of t h e Admin i s t r a to r , and

for t he purpose of e f f ec t ing r e n e w a l s of the said works .

Any doubt a r i s ing as to t he necessi ty for renewals

shall be decided by t h e Admin is t ra to r , whose decision shall be final.

6c. N o t w i t h s t a n d i n g the prov i s ions of the Loca l

G o v e r n m e n t Ac t , 1919, l ands t h e p r o p e r t y of t h e

Commissioners w h i c h a re s u p p l i e d w i t h wa te r by

t he Admin i s t r a to r t h r o u g h t he Commiss ioners ' me te red supply, shall no t be ra tab le t o a water

s u p p l y local ra te levied by the council .

8 . Sections seven and e igh t of t h e P r inc ipa l A c t

a re repealed, and the following arc i n s e r t e d in place
the reof :—

7. The Admin i s t r a to r sha l l supply to t h e

council every calendar year w a t e r requi red b y t h e counci l a t t he r a t e per t housand gallons fixed by

regu la t ions as here inaf ter men t ioned :

Provided

Provided tha t a m i n i m u m p a y m e n t of Two

thousand five hundred pounds per a n n u m shal l be paid by the council in every year i rrespective of

t h e q u a n t i t y of water supplied.

8. (1) The Governor shall from l ime to t ime by
regula t ion fix the price per thousand gallons to be

paid by the counci l and the Commissioners, h a v i n g

regard to t h e a m o u n t necessary to	p rov ide—
(a)	the cost of operating the works for the time
be ing under the adminis t ra t ion of t h e
Admin i s t ra to r ;
(b)	the cost of maintenance, repair, and renewal
of t he w o r k s ;
(c)	instalments in repayment of the capital cost of the works toge ther wi th in teres t on t he said capi ta l cost.

(2) The Admin i s t r a to r shall as soon as m a y

be after the first day of each m o n t h render to t he counci l and the Commissioners an account of the q u a n t i t y of water supplied du r ing the n e x t pre­ ceding month and the council and the Commissioners shall pay half year ly to t he Admin i s t ra to r t he s u m

which the quan t i t y so supplied would equal a t	the
price per thousand gal lons fixed by regula t ion.

9 .     Section n ine of t he Pr inc ipa l Act is amended by

omi t t i ng the words " o v e r and above the quan t i t y to be

supplied to the council u n d e r section seven."

1 0 .     Section ten of t he Pr inc ipa l Ac t is amended by

add ing the words " t h e council may supply wa te r to

a n y person outs ide the munic ipa l i ty of J u n e e . "

1 1 .     Section twelve of the Pr inc ipa l Act is amended—

(a) in subsec t ion o n e —

(i)   by omitting the words " and by the

c o u n c i l " ;
(ii)	by omi t t ing the words " e i g h t y - f o u r
t housand e ight hund red and seventy-

four pounds t h r ee shi l l ings and n ine - pence " and by i n s e r t i n g in l ieu thereof t he words " one h u n d r e d and four

t housand six hund red and th i r ty - three

pounds and e igh tpence " ;

(iii)

(iii)   by omi t t i ng t he word " s u b s e c t i o n " a n d b y inser t ing in l ieu thereof t h e Words " fol lowing subsect ions " ;

(b) by inser t ing a new subsect ion as follows :—

(1A) U p o n asce r t a inmen t of t he a m o u n t of

l iabil i t ies incurred in provid ing a n y works referred to in subsect ion one of th is section, t h e cost of which has not been included in t h e declared capi ta l cost, such a m o u n t shal l be

certified by t h e Minis ter , and the to ta l a m o u n t ,

toge ther w i th in te res t a t t he ra te de te rmined in accordance wi th subsect ion two of th is section, shall be added to and become p a r t of t h e capi ta l cost, and shal l be repayable over such period or periods as t h e Minis ter shal l fix, h a v i n g due regard to t h e n a t u r e a n d

durabi l i ty of such w o r k s ;

(c) in subsect ion two by omi t t i ng t he words " a n d

w h e t h e r " a n d by in se r t ing in l ieu thereof t h e

word " u n l e s s " ; and by omi t t i ng t h e words " o r of the Commissioner , or for t h e benefit of b o t h , " a n d add ing t h e words " a n d shal l be repayable over such period or periods as t h e Min is te r shall fix, hav ing due regard to t h e

n a t u r e and durabi l i ty of such w o r k s . "

1 2 . Section t h i r t e e n of t he P r inc ipa l A c t is

amended—

(a) by repea l ing subsect ion one and s u b s t i t u t i n g

t h e following new subsect ion :—

(1) A special account shall be k e p t in t h e Special Depos i t s A c c o u n t in t h e Treasury , to b e

called t he " J u n e e W a t e r Supply Admin i s t r a t i on

A c c o u n t , " and the re shall be credi ted to such

accoun t any p a y m e n t s m a d e to t he Admin i s ­

t ra to r in pu r suance of th i s A c t and the re shal l be annua l ly debi ted to t h a t accoun t the cha rges fo l lowing :—

(a) The cost of the admin i s t r a t ion , opera­

t ion, ma in t enance , repair , and renewal of t h e works t h e control of which is b y t h e Pr inc ipa l Act or th i s A c t vested

in t he Admin i s t r a to r , exclusive of t h e

B e t h u n g r a D a m and Gravi ta t ion Main .

(b)

(b) A s u m sufficient to d i scbarge t o t h e

Treasury t h e capi ta l cost of the works referred to in subsect ion one of section twelve of t he P r inc ipa l Ac t , exclusive of t h e B e t h u n g r a D a m a n d Grav i ta t ion Ma in , w i th in a period to he fixed by the Governor, not be ing more t h a n fifty years from the c o m m e n c e m e n t of th i s

Ac t ,	by	equa l	half-yearly	i n s t a l m e n t s
of	pr inc ipal	and	in teres t	combined ,
in te res t be ing a t	t h e	ra te	of	th ree and!

one-half per c e n t u m per a n n u m ; a n d such fu r the r sums as may be necessary to discharge to t h e Treasury t he cap i ta l cost of any addi t ional works, referred to in subsect ions 1 A and two of sect ion twelve of t he Act , by equa l hal f -year ly i n s t a lmen t s of pr incipal and in te res t combined, in te res t be ing a t the average ra te payable by t h e Governor for loan moneys . All p a y m e n t s of p r inc ipa l made unde r th i s section shal l be paid to the Genera l S ink ing Fund cons t i tu ted

unde r the S ta te Debt and S ink ing Fund

Act , 1901 , a n d all p a y m e n t s of interest- on such principal shal l be carr ied to t h e

Consolidated R e v e n u e Fund.

(c) A sum to provide for the renewal of any pa r t of t he works which in t h e opinion of t he Admin i s t ra to r will r e q u i r e r ep lacement du r ing the period in wh ich

t h e capi tal cost of t he said p a r t of t h e

works is be ing repaid. The a m o u n t
so debited shall be paid in to an account in t he Special Deposits Accoun t in t h e Treasury, to be called the " J u n c e W a t e r

Supply Renewa l A c c o u n t . " In t e re s t may

be paid from the Consolidated R e v e n u e

Fund to such Renewa l A c c o u n t on t h e

a m o u n t to t he credi t of t h a t accoun t at, such r a t e or ra tes and subject to such conditions as the Colonial Treasurer m a y from t ime to t ime direct .

(b)

(b) by inse r t ing a new subsect ion as fo l lows:—

(1A) "Where in a n y year as a resul t of t he pr ice per thousand gal lons hav ing been fixed too h igh or too low t h e r e is a surp lus or a deficiency of revenue, such surplus or deficiency shall be credited or debited as t he case m a y be to t he counci l a n d the Commissioners in p ropor t ion to t he p a y m e n t s made by each

respect ively in such year , and the	Admin i s t r a to r
m a y , whe re in his opinion t h e	c i rcumstances

so wa r r an t , m a k e such a d j u s t m e n t s as he m a y

deem necessary and p r o p e r ;

(c)

in subsection three by deleting the words

"Colonia l T r e a s u r e r " and subs t i t u t i ng therefor

t h e word " A d m i n i s t r a t o r . "

1 3 .

Section

four teen

is a m e n d e d

by omi t t i ng

sub­

sections one a n d two and subs t i t u t i ng t h e following :—

" N e i t h e r t h e counci l nor t h e Commissioners shal l be ent i t led to any deduct ion or credi t in respect of any failure of t h e Admin i s t r a to r from wha teve r cause ar is ing to supply water , nor shal l t hey have any c la im for compensat ion or damages for any loss ar is ing from

a n y such fa i lure ."

1 4 . The Principal A c t is fu r the r a m e n d e d —

(a) by repealing section seventeen and inserting new section seventeen as follows :—

17. The Admin i s t r a to r m a y m a k e such

charges for wa te r suppl ied unde r t he las t

p receding section as he m a y t h i n k proper , a n d

may en te r in to cont rac ts and ag reemen t s for

t h a t purpose and for secur ing the p a y m e n t of

such charges .

A l l receipts from such charges shal l be carr ied in to a special a ccoun t to be kep t in t he Special Deposits Accoun t in the Treasury to be called t he " B e t h u n g r a "Water Supp ly A c c o u n t . "

A n y expense incur red in t he admin is t ra t ion ,

opera t ion , ma in t enance , and repai r of t he service shal l be debi ted to t h e accoun t and t h e ne t t proceeds shall be carr ied to t h e

Consolidated R e v e n u e F u n d .

(b)

(b) by omi t t ing section nineteen a n d by inser t ing

the following section in lieu thereof : —
19. For t he purpose of the const ruct ion or ma in tenance of any works referred to in sections five or 6A of th is Act, the Admin i s t r a to r shall have all the powers of a Cons t ruc t ing

A u t h o r i t y unde r t h e Pub l i c W o r k s Act , 1912,

and	of a council unde r the Local	G o v e r n m e n t
Ac t ,	1919.

The counci l shall no t in respect of such
works exercise any of the powers or funct ions

which are by th is Ac t conferred or imposed on

the Admin i s t r a to r .

(c) by omi t t i ng section twen ty ;

(d) by	omi t t i ng	from	section	twen ty - two	the
words	and	figures	" C o u n t r y	Towns	W a t e r
and	Sewerage	Acts ,	1 8 8 0 - 1 9 0 5 , "	and	by

inser t ing in l ieu thereof t h e words and

figures	" Local	G o v e r n m e n t	Act ,	1919,	or
a n y	Acts	a m e n d i n g	t h a t	A c t	" ;

(e) by inserting the following section next after section twen ty - two of the Pr incipal A c t :—

23. (1) No twi th s t and ing the t e rms of any

ag reemen t heretofore made, the provisions of P a r t X I V of the Local Governmen t Act , 1919, shall he deemed to apply and to have appl ied to any works or services re la t ing to water supply carried out by t he Minis te r or t he Admin i s t r a to r prior to the passing of this A c t a t t h e reques t of or for and on. behalf of the council .

(2) F o r the purpose of g iv ing effect to t h e las t p receding subsection all necessary steps may be t aken after the passing of this A c t in relat ion to any such work or service inc lud ing certifying the cost, and not i fying the capital debt , t h e period for r epaymen t , and the ins ta lments and ra te of in teres t payable by the council .
(f)	by omi t t ing t he words " i n t o t h e Treasury " in section twen ty - two and inse r t ing the words
" to the A d m i n i s t r a t o r " in lieu thereof.

1 5 .      (1) The ca r ry ing out of t h e works described in

t h e Schedule of th i s A c t is he reby sanctioned, a n d the

Secre tary for Pub l i c W o r k s is empowered to ca r ry ou t

t h e said works u n d e r t he provisions of the Publ ic	W o r k s
Ac t ,	1912.

(2) The said works shal l be deemed to be

au thor i sed works w i th in t h e m e a n i n g of t he P u b l i c

W o r k s Ac t , 1912.

1 6 .     The ca r ry ing out of t h e said works described in

t h e Schedule , exclusive of l and resumpt ions , is es t imated a t one h u n d r e d and e ighty-seven thousand pounds

(£187 ,000) , and such es t imated	cost shal l no t ,	unde r
a n y	c i rcumstances , be exceeded by more t h a n t e n	per

c e n t u m .

1 7 .     The p l an of t he works set ou t in t he Schedule

is t h e p l an m a r k e d " J u n e e W a t e r Supp ly " s igned b y

t h e Secre tary for Pub l i c W o r k s and counters igned by

t h e Chief E n g i n e e r for Water Supply a n d Sewerage

a n d deposited in t he office of t h e said Secre tary .

S C H E D U L E .

1. New pumping station with electrically-driven pumps ;

2. New rising main ;
3. Additional gravitation main ;

4. Additional service reservoir ;

5. Alumino-ferric treatment plant,

and all works incidental thereto.

I N D U S T R I A L