Kapunda Waterworks Act 1877 (SA)

ANNO QUADRAGESIMO ET QUADRAGESIMO PRIM0

VICTORIAE REGINE.

No, 66.

An Act to provide for the Water Supply of the Tow% qf Kapunda.

[Assented to, 21st December, 1877.1

HEREAS it is expedient that provision should be made Preamble.

f ir introducing a supply of pure water for the use of

the inhabitants of the Corporate Town of Kapunda: And

whereas a plan showing the reservoir and works connected there- with, the direction of the main pipe, and the lands, streets, and grounds through which the branch pipes are to be laid, dated 13/@/77, has been deposited in the office of the Surveyor-General -.Be it therefore Enacted by the Governor of the Province of South Australia, with the ad~ice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

aupply the Corporate Town of Kapunda with pure water by mcans watem0rk9. of

1. In the construction of this Act, when not inconsistent with Interpretation olaure.

the context, the expression The Principal Act " shall mean ' T h e

Adelaide City, Port, and Suburban Waterworks Act."

2. This Act and ' T h e Principal Act " shall be incorporated and, Inoovoration.

subject to the provisions hereof, be read and construed together as forming onc Act accordingly; and the Corporate Town of Kapunda shall be and be deemed a water area within the meaning of the Principal Act.

3. From and after the passing of this Act, the Commissioner may Power to conatru~t

2 40" & 41" VICTORIB, No. 66.

The Kapunda Waterworks Act.-1877.

of water-pipes connected with an impounding reservoir, as shown in such plan, and may enter upon all lands shown in the plan afore- said, and upon such other lands as he shall think necessary for the purpose of laying such water-pip, and may construct the under- taking and may exercise all the powers and authorities conferred upon him by this Act for thc purpose of carrying out the under- taking.

cOmm'dOnmmQ

purchase land, &c. 4. For the purpose of carrying out the said utldertaking the Cornmissioncr may purchase, kake, or acquire any lands and other hereditaments, go6di, and chattels, and things, and contract and agree for the same, and become a party to any instrument for giving effect to such purchase, taking, or acquisition, or for the per- formance or construction of any works, or delivery: or removal. of any materials, and may take security by may of bond or obligation, or otherwise by such name as aforesaid, and by that name may implead and be impleaded, dcfcnd and be defended, answer and be ahswered.

The Commissioner	5. The Commissioner may exccutc ar~y	of the following works
may execute the work

hmin named. for constructing the undertaking, that is to say-

He may enter upon any lands required for the purpose of this Act and take levels of the same, and set out such parts thereof as he shall think necessary, and dig, and break up the soil of such lands, an2 trench, and plough the same, and remove or use all earth, stone, mines, minerals, trees, or other things dug or gotten ont of the same:

He may from time to time sink such wells or shafts, and make, maintain, alter, or discontinue such watcrworks, cisterns, tanks, aqueducts, dmins, cuts, sluices, pipes, culverts, engines, and other works, and erect such buildings upon the lands and streams (if any), hereby authorized to hc taken by him as he shall think proper for supplying the inhabitants of the said Town with water:

He may from time to time divert and restrain the water from the said streams, and alter the works of any such streams, and also take such waters as may bf: found in and under, or on the lands to be taken for constructing t,he said undertaking.

Errore a d omissions 6. If any omission, misstatement, or wrong description shall

h plans, &C., map be

corrected bv Justices. have been made of any lands, or of the owners? lessees, or occupiers

the same. shau certify of any lands described-in the plans aforesaid, the Commissioner, ifter

giving ten days' noticc to the owners and occupiers of the lands affected by any proposed correction, may apply to Justices for thc correction thereof; and if it shall appear to such Justices that such omission, misstatcment, or wrong description arose from mistake, they shall certify the same accordingly, and shall in such certificate state the particulars of any such omission, misstatement, or wrong description, and such certificate with the documents to which it

relates, shall be deposited with the othex documents to wl-lich they

relate

40" & 41" VICTORIB, No. 66. 3

The Kapunda Waterworks Act.-1877.

relate in the office of the Surveyor-General, and thereupon such plan shall bc deemed to be corrected according to such certificate, and the Commissioner may make the works in accordance with such certificate, and as if such omission, misstatement, or wrong descrip- tion had not been made.

7. The powers and authorities, duties, rights, liabilities, and pri- Powers of Commis.

him, and he shall be lkdble thereto in respect of all or any of the following matters-

vileges conferred, imposed, and given by the Principal Act to the 'ioner.

The construction and completion of the undertaking hereby

authorized:

The protection to, and secure enjoyment of, the said under-

taking:

The appointment and dismissal of officers:

The regulation and management of the said undertaking:

The regulation of the supply of the water to the said Town:

The making and enforcing of any assessment:

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

any such assessment:

The right of appeal:

The protection of officers:

And the exercise and enjoyment of, and liability to, all other powers, authorities, duties, rights, liabilities, and privileges conferred, im- posed, and given by the Principal. Act, so far as the same may be requisite or necessary for fulPy carrying out and giLving effect to the objects of this Act, and so far as the same, or any of thcm, are not inapplicable to, or inconsistent with, this Act.

8. All powers and authorities, duties, rights, liabilities, and Powem and liabdltiea

privileges conferred, imposed, and given by the Principal Act to any others.

of persons rated and

person or persons liable to be assessed and rated in respect of water supply, shall and may be exercised, enjoyed, and enforced, by any person or persons liable to be assessed or rated by virtue of this Act: And any person or persons committing any offence or offences against the subject matter of this Act, or against the undertaking hereby authorized to be constructed, or any part or parts thereof, similar to any offence or offences created by the Principal Act, shall be deemed to be guilty of such first-mentioned offence or offences, and shall bc liablc to the punishment or penalty therefor imposed by the Principal Act, notwithstanding the clause or clauses enacting such offence or offences, and imposing such punishment or penalty, has or have not been in terms re-enacted by this Act.

9. The Treasurer shall, in each year, cause an account in ab- Annualacoo&

stract

I ' ., , , ,.

2% Waterworks Act.-1 877.

stract to be prepared of the whole receipts and of the expenditure of all moneys advanced to him for the purposes of this Act, for the year pending, under the seven1 distinct heads of receipt and oxper,- diture, with a statement of the balance of such account, duly audited and certified by the Auditor-General; and a copy of such account shall, OR cr before the thirtieth day of June in each year, be pub- lished in the Government Gazette.

Governor in Council

may make by-law. 10. For the better enforcing the observance of all or any of the provisions of this Act, or of the Principal Act, it shall be lawful for thc Governor, with the advice and consent of the Executive Council, from tiux to time to makc by-laws, and from time to time to repeal or alter such by-laws; and cvcry person oEending zgainst any such bylaws shall forfeit and pay for every such offenre such sum. not exceeding Ten Pounds, as may be by any such by-laws imposed; and every such finc or penalty may be recovered in a summary way by and before two tJusticea of thc Peace for the said Province, in the same manner as if the same had been imposed by this Act, or by the Principal Act.

Proof of b y - l m ~. 11. The production of a printed paper purporting to be a Go- vernment Gazette shall bc prima &ie evidence that any such by-laws printed thcrcin, purporting to be made under the provisions hereof, have been so made.

Short title. 12. This Act may be cited for all purposes as K The Xapunda Waterworks Act, 1877."

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUNMONI) JERVOIS, Governor

P -

&delaide: By authority, TV. C. Cox, Governmeat Printer, R'oith-terrace.