Manufacturing Districts Act 1881 (SA)

ANNO QUADRAGESIMO QUARTO ET QUAL)RAGESIMO

QUINTO

VICTORIB REGINB.

A.D. 1881.

No. 212.

An Act to authorise the Establishment of Manufacturing

Districts, and for other purposes.

[Assented to, Nove9~6er 18th, 1881.:

HEREAS it is expedient to make provision for the Establish- l'ramble.

rnent of Manufacturii~g Districts-& it therefore Enacted

by the Governor of the Provincc of South Australia, with the advicc and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. This Act shall be called, and may be cited as, '' The Manufac- short title.

turing Districts Act."

of a Manufacturing District within or CO-extensive with the limits o f

2, For the purpose of assessing the compensation to be paid to Defiuitious.

the persons, and in the cases hereinafter set out, the Ordinance No. 6 of 1847 shall be read as part of this Act, and the words C pro- ' moters of the unclertaking7' in the said Act, No. G of 1847, shall include all persons from whom compensation is recoverable under this Act; and the expressions '' the worlrs" and '' thc undertaking" in that Ordinance shall include everything done under this Act for

which compensation can be claimed. The word LLmanuf'iict~~re"

shall, for the purposes of this Act, include every business and

process as well as every manufacture which the Governor shall by

Proclamation direct to be included within its meaning.

3. Ratepayers of any corporate city or town, or of a district Procedure toobtain

constituted or being a district under " 'rhr District Councils Act, ~ ~ ~ ~ ~ ~ ' ~ ~ ~ &

1876," desiring the establishment, or an alteration of the boundaries trict.

2 44" & 45" VICTORIW, No. 212.

The: Manuf~cturing Dkikiots Act.--1881,

of such corporate city, or town, or of such district under the (g Dis- trict Councils Act, 1876," may, by petition addressed and presented

to the Governor, pray him to establish in such corporate city or

town, a Manufacturing District, or to alter the boundaries thereof,

or to add to the manufactures to be carried on in any existing

M a n u f a c t u ~ g District established under this Act.

Householders desiring the establishment, or an alteration of the boundaries of a Manufacturing District in a place other than a cor- porate city ar town, or an addition to the manufactures authorised to be carried on therein, or than a district constituted, or being a district under " The District Councils Act, 1876," and dwelling in houses situated within the boundaries of the proposed or existing Manufacturing District may, by petitiou addressed and presented to the Governor, pray him to establish a &Ianufacturing District

in such place, or to alter the boundaries thereof, or to add to the

manufactures to be carried on in any existing Manufacturing

District.

Whenever there is not any inhabited house situated within the boundaries of a proposed or existing Manufacturing District, any persol? may by petition, signed by himself, and addrcssed and pre- sented to the Governor, pray him to establish a Manufact.uring District within such boundaries or to alter such boundaries, or to add to the manufactures to be carried on in any existing Manufac-

turing District.

Cntont~ md &P-	. 4, In every petition praying the establishment of a Manufacturing
turea of petitions.	District shall be specified the proposed boundaries thereof, the manufactures which it shall be lawful to carry on within it, and the laws, orders, regulations, and by-laws, exemption from which is sought.
In every petition praying an alteration of the boundaries of a Manufacturing District shall be specified the desired alterations; the boundaries of the district, or additions to the manufactures to be carried on in such district, after the desired alterations or additions 5hall have beeu effected; and the reasons why the alterations are
desired.
In every petition presented undcr this Act shall also be specified all other ~x~rticulars which the Governor shall, by order or rc.gula- tion, require or direct to he stated therein, and each pctition shall contain a prayer specifying the relief which the netitioners wish to obtain.

& ~ t ~ o f ~ e t i t i o ~.

Every petition by ratepayers shall be signed by not less than three-fourthe of the ratepayers of the corporate city, or town, or of the district under '-The District Councils Act, 1876," named in the petition, and every petition by householders shall be signed by not less than three-fourths of the householders dwelling in houses situated within the boundaries of the proposed or existing Manufacturing District, and if there is not any inhabited house situated within

m ~ h boundaries, the signature of the petitioner shall suffice.

S. No

44' & 45' VICTORIW, No. 212. 8

The Munqfac turn Districts Ac t.-188 1.

5. No part of the relief prayed for in such petition slldl be ~ ~ $ ~ ~, " ~ $ ~ ~ b r t h d

granted until one week aftcr the eti it ion shall have been uublished ~ubbcution the

gy the petitioners for t l~ree successive weeks in thc ~ ~ a c r n n m t btition.

Gazette, and shall also during such three weeks have been published by them in such other newspapers (if any) and so often as the &wernor may direct, and shall also have been laid before both Houses of Parliamcn t for one month after the presenting t licreof,

if Parliament be then sitting, or if not, within one month after the

commermment of the then ensuing Session, and if an ttddress be presented to the Govcrnor by oithcr House of Parliament within such month, praying that such petition ma;y be refused, the Governor shall th&upon rcfuse the same. The first publication in the Gouemment Guxette of each such petition shall take place not later than fourteen days from the date of the presentation thereof to the Governor.

6. Any person may, by memorial addrcsscd and presented to the came may be

Governor not later than one week after the third successive publi- gmnting

cation in the Govemnwnt Gazette of m y such petition, show cause I'ddication of

why some or a11 of the rclief prayed for it shonld not be granted. ,	,~	,~	,	.
In each such memorial shall he specified the objections t o the grant-
ing of the relief pvayed for, or of snch part thereof as the memo-
riilists object to, the grounds on which the objections are based,
and all other particulars which the Governor may by order or
regulation require or direct to bc stated therein. Each memorial shall bc published by the memorialists for two successive weeks in the Govwnrnmt Gnxette, and shall also, during that time, be pub- lishcd by .them in such other newspaper (if any), and so often as the Governor may direct, and the first publication thereof in the Gouejw- meat Gurettc &~ll take place not later than fonrtcen days &er the third publication therein of the petition to which it relates,

7. After the second publication of the memorials rehting to any Governor require

be

petition, or if therc be no snch memorial, one week aftcr the last proved.

pablicntion of the pctit,ion as aforesaid, xntl after the said petition	shall have been laid before both Houses of Parliament, and not
refased, as hereinbefore provided, the Governor may by I)rocla- mation in the Gouemment G'crx~tte, grant or refuse all or some of the relief p r a y ~ ~ l for, and with or without such alteration or rnodifi- cation as to him may appear necessary or expedieiit; and before granting or refusing it, may requirc that the statements in the petitions and n~e~uorials respectively, or either of them, shall be substantiated by such proof and wit1;in such time as 11c may direct,
or may appoint some person to inquirc into ard report upon the
matter of any petition and of the memorials relating thereto.

8. The r*overnor may by such Yroclanlation exempt such Manu- Go.vernor mngehb.

f ae turing District, or auy part thereof, from such of the enactmen ts ~ t ~ ~. u b c t u t i n ~

of 'C The Public Health Act," and of a 'L'he Public IIealth Amelzrt- ment Act," and any other ,4ct now or hereafter in force rclating to ~mhlic health, and of any regulations made under them, or eithrr

of'

4 44" & 450 VICTORIg, No. 212. -

The Huntfacturing Districts Act.-1881.

of them; and also from such of the enactments of '' The Municipal Corporations Act, 1880," aild of C' The District Councils Act, 1876," and of any other Act relating to Corporations 3r District Councils, and of any by-laws made under them, or either of them, as he shall think proper. I n every Proclamation establishing a Manufacturing District, or altering the boundaries thereof, or altering or adding to the manufactures which may be carried on in such district, the boundaries of such district as so established or altered shall be defined; and the manufactures which Inay be carried on there shall also be specified in the Proclamation.

1l.oclamation to

specify provisions 9, From and after such Proclamation all thc orders, regulations,

from which ni8trict by-laws, and enactments specified in such Proclamation shall cease

be exempted. to have effect within and with respect to that Manufacturing Uis- trict, or such part thereof; and no subsequent order or regulation of the Central Board of Health, or of any Local Board of Health, and no subsequent by-law made under The Municipal Corporations Act, 1880," or The District Councils Act, 1876," OS such other Act as aforesaid, which is inconsistent with or contrary to, or which abrogates or lessens any right, privilege, or benefit conferred by or resulting from such exemption, shall have any effect or force within such Manufacturing District, or such part thereof; but whenever the boundaries of any Manufacturing District are altered so that any portion thereof ceases to be within the boundaries of such Manufacturing District then (unless and until such portion has become part of another Manufacturing I )istric;t) all statutes, laws, by-laws, and regulations, which, but for such exemption, would have been in force within the limits of such Manufacturing District, shall thenceforward have the same force and eff'ect in every place which has ceased to be or to form part of such district as they would have had if such exemption had never been made.

Pwer to carry on 10, Subject to the provisions and restrictions contained in this

manufactures, BC.	Act, and in the enactments incorporated with it, any person may, within a Manufacturing District, erect, execute, make, construct,	maintain, and use all such buildings, works, and machinery as he	shall require, and may do all acts necessary and proper for carrying
on, and may carry on any manufacture authorised by Proclamatinn to be carried on there.
Lidtation of powers

of Corporations and 11, Every Manufacturing District which is situated within the

~i~~~~~~~~~~~~~~~~ limits of a corporate city or town, or of a district under	The
Manufacturing Dk-

tricts.

District Councils Act, 1876," shall, save as hereinafter mentioned, be subject to the jurisdiction of the Corporation, Town Council, or (as the case may be) of the District Council thereof, and to the jurisdiction of the Local Board of Hcalth (if any) thereof, and of the Central Board of Health; but no such Corporation, Town Council, District Council, or Local Board of Health, or Central Board of Eealth shall exercise within or over any Manufacturing District, or the part thereof to which such exemption extends, any

right or power which they or it might have exercised, or do, or

cause L

44' & 45" VICTORIA?, No. 212.

The Manufacturing Districts Act-1881.

cause to be done there any act which they or it might have done or caused to be done in pursuance or by virtue of the enactments, orders, regulations, and by-laws, or any of them from the operation of which such Manufacturing District, or such part thereof is exempted.

12, Every person who shall be seized or posseased of or entitled Persons entitled to compensation and

modeof settlingit.

to any lands, or any estate, or interest in lands which shall be settled in the manner provided by the sixty-eighth section of- the

damaged or injuriously or prejudicially affected or deteriorated in

marketable value by the erection, execution, construction, or

making of any buildings, works, or machinery, erected, executed,

constructed, or made for the purpose of or to be used in carrying

on any manufacture authorised by Proclamation to be carried on

within a Manufacturing District, or by the subsequent use of such

buildings, works, or machinery, or any of them, or by the carrying

on there of such manufacture, or by any immediate consequence

resulting from the erection, execution, co~istruction, making, or

use of any such buildings, works, or machinery, or from the

carrying on in such district of any such manufacture, shall be

entitled to compensation for such damage, injury, prejudice, or

deterioration: Provided always that compensation shall not be

given in respect of land bought by thc claimant after the establish-

ment of thc Manufacturing District, unless the purchase shall

have been made in fulfilment of a valid agreement subsisting when

the district was established: Provided also that all claims for

compensation under this clause shall be made and prosecuted

within three years from the time when the manufacture which is

alleged to have caused the injury was first carried on. All compen-

sation, where the amount claimed is less than Fifty Pounds, may be

recovered in a summary way before a Special Magistrate or two

" Lands Clauses Consolidation Act."

persons by whom the damagc, injury, or prejudice in respect of to any proceedings for the settlement and recovery thereof, all 13, Claimants of compensation under this Act may make parties Parties.

which the compensation shall be claimcd has been done or per- mitted, or who have contributed thereto, and at any time after the commencement of any proceeding under this Act to obtain com- pensation the Court or a Judge may, of its own motion, or on the application of any party to the proceeding, order the claimant to make a party defendant to such proceeding any pmon whom the Court or Judge shall think ought to be a party thereto in order to effect complete justice in one and the same proceeding, and may by subsequent ordkr stay all further proceedings until such formcr ordcr has been obeyed, or may make such other order as shall seem to such Court or Judge proper to effect cornpletc justice. Every person from whom compensation shall be claimed under this Act may join as parties to any proceeding for the settlement and recovery thereof ail persons who have contributed to the damage, injury, or

prejudice

44' & 45O VICTORIW, No. 212.

prejudice compl&ed of, and the burden of proving that the persons

EK) joined to the proceedings have contributed to such dama~e, injury, or prejudice shall lie on the person who made them parties to the proceedings. The jury, or other persons by whom the amount of compensation to be paid in any case to a claimant shall be deter- mined, shall also fix the portion of such amount which is to be paid

by each person liable to make compensation in that case, and each

such person shall be liable for that portion, and for n proportionate

amaunt of the costs of the proceedings, but for no morc.

No liabilit for 14. The carrying on within a Manufacturing Distrid. of any

nuisarm iBm&n~fac-

manufacture authorised bp Proclamation to be carried on within

on.

such district, shall not be deemed a nuisance, or, save as aforesaid, subject any person engaged in carrying on the same to any proceed-

ing, civil or criminal: Provided, however, that such persons shall

not be entitled to the protection of this Act if i t be proved that the

said mandacture was not conducted and carried on in a proper

manner to prevent the same bccoming a nuisance.

Power to make 16. The Governor may make general rules, orders, and regula-

@"8d*BB~Bco~	tions for the effectual execution of this Act and of the intention and objects thereof, and may thereby prescribe, define, and fix the forms of all such Proclamations, petitions, and memorials, and the mode of substantiating the statements therein, and the mode, time, and place of conducting any inquiry into the matter of any such petition or memorial, and the procedure to be adopted at such inquiry, and the mode and time of using for any such manufacture the buildings and machinery being in any Manufacturing District, and the mode and time of carrying on any such manufactnre, so that the damage, injury, prejudice, and annoyance created thereby or arising there- from may be as little as reasonably may be, and may also thereby prescribe, define, and fix the ~roceedings and forms and modes of procedure for ascertaining arid recovering the price of land pur- chased or taken otherwise than by agreement, and for obtaining compensation under this Act in anv particular ill which the proceed-	ings or forms and modes of procedure for such purposes under the	mid Ordinance are wholly or in part inapplicable, or are not
sufficiently prescribed, defined, or fixed, and may also make all such other general rules, orders, and &ulations as shall be in his judgment proper or necessary for carrying out all or any of the purposes of this Act, and for accomplishing all or any of the afore- said purposes; and (whether such general rules, orders, and regulations shall have been made or no) in any case under this Act in which suitable or adequate proceedings, forms, or modes of procedure have not been provided, it shall be lawful ior the Supreme Court or a Judge thereof to make such rules, orders, or regulatious for that particular case or occasion as to such Court ox
Judge shall seem necessary or proper to effect justice.

Rde8 and w M Q ~ ~

to be laid before 16. All general rules, orders, and regulations made by virtue of

Parliament, the authority of t h b Act, or copies thereof ~haH be laid before both Housea

44" & 45" VICTORIW, No. 212.

The 'Many factztrz'ng Districts Act,-188 1.

Houses of Parliament not later than one month from the making thereof, if throughout such month Parliament shall be in Session, and if Parliament shall not be in Session throughout such month, then within one month after the commencement of thc next ensuing Session thereof, and if not disallowed by express resolution of either House of Parliament within one month after being so laid before both Houses of Parliament, all such general rules, orders, and regulations shall, after the expiration of such lastly-mentioned month, be conclusively deemed to be valid, and shall have the force of law, and shall be judicially noticed, but until the expiration of such lastly-mentioned month shall not have any validity. All such general rules, orders, and regulations shall, as soon as conveniently may bc aftcr the making thereof, be published in the Government Gazette, and the production of a paper being or purporting to be a copy of the Government Gazette, in which all or any general rules, orders, and rcgulations shall be published shall, after such general rules, orders, and rcgulatioiw respectively have obtained the force of law as aforesaid, be conclusive evidence that all the provisions of

this Act in respect thereto have been complied with.

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

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

Adelaide : By authority, E. SPILLER, Government Printer, North-terrace.