Menindie Irrigation Act (1894 No mia) (NSW)
ANNO QUADRAGESIMO SEPTIMO
V I C T O R I A E R E G I N A E .
An Act to enable and authorise the Menindie Irrigation Settlement (Limited), a Com- pany duly incorporated under the Com- panies Acts of 1874 and 1888 of the Colony
of New South Wales, to establish a system of Irrigation and Water Supply within the
counties of Menindie, Tandora, and Yanco- winna,in the said Colony; to acquire lands; to establish Irrigation Works; to authorise the sale and supply of water for irrigation and domestic use; and to construct, make, and lay dams, weirs, or hood-gates upon or across the Menindie Creek and Lake, and the other creeks mentioned herein, and to take water therefrom and from the river Darling, and for all other purposes which may be incidental thereto. [29th
March, 1894.]
| WH E R E A S it is expedient and would be to the advantage of the inhabitants of the counties of Menindie and Tandora, | and of the public generally, to establish a system, whereby the waters |
| of lake Menindie and of the Darling River, in the Colony of New | |
| South Wales, may be conserved and utilised for irrigation and domestic use, and for watering stock, and for other purposes : And whereas certain Crown lands situated in the parishes of Hume, Ears, Maiden, and Bellar, in the county of Tandora aforesaid, and more particularly described in the Second Schedule hereto, are suitable for agricultural and horticultural purposes, if provided with a permanent |
a supply supply of water : A n d whereas t he Minis te r for Lands , as notified in
t h e Gazette of t h e twen ty - th i rd day of J u l y , one thousand e igh t h u n d r e d and n ine ty- two, has reserved from lease for I r r iga t ion purposes p a r t of t he lands described in t h e Second Schedule here to : Be i t therefore enacted by t h e Queen ' s Mos t Exce l l en t Majesty, by and wi th t he advice a n d consent of t h e Legislat ive Council and Legis la t ive Assembly of N e w Sou th Wales in Pa r l i amen t assembled, and by the au tho r i t y of t h e same, as follows :—
P A R T I .
Preliminary Provisions.
1. This Ac t may for all purposes be cited as t he " Menindie
I r r iga t ion A c t . "
2. N o t h i n g conta ined in t h e " Municipal i t ies Ac t of 1867 ," or
t h e " Coun t ry Towns W a t e r and Sewerage A c t of 1880," shal l be con s t rued to control , l imit , or restr ict t h e operat ion of this Act , or to interfere w i th i ts provisions in respect of t h e const ruct ion or ma in t en ance of works , or t h e s torage, d is t r ibut ion, or supply of water , or in respect of t h e bor rowing of money, or t he fixing or levying of ra tes
for water .
3. I n t h e const ruct ion of th is Act , unless t h e contex t requires
a different mean ing , t h e expression—
" C o n s t r u c t " means , w h e n used wi th reference to any i r r iga t ion work, to bui ld , erect, m a k e , lay, form, place, excavate , or embank , or to per form any other operat ion or work in con nect ion wi th t h e ca r ry ing ou t of t he i r r iga t ion works
author ised by th is Ac t .
" Crown Lands " means Crown Lands as defined by t h e " Crown Lands Ac t of 1884 . "
" D o m e s t i c u s e , " w h e n employed wi th reference to water , means use for household and all o ther purposes, save for i r r iga t ion
of gardens or land.
" Gazette " means t h e Government Gazette. " Governor " means the Governor w i t h t h e advice of t he Execu t ive
Counci l .
" I r r iga t ion " means the use of wa te r for flooding, mois ten ing , or
wa te r ing lands for ag r i cu l tu ra l and hor t i cu l tu ra l purposes .
" I r r iga t ion W a t e r Conservat ion A r e a " means t he Lake , Creeks,
and Lands n a m e d and described in t h e First Schedule to th is Act .
" I r r iga t ion W o r k s " means and includes all or any engines , p u m p s ,
boilers, mach inery , p lan t , canals , channels , ducts , flumes, pipes, wa te r -gauges , water -meters , stop-cocks, ball-cocks,
bridges, reservoirs, cisterns, dams, weirs, wells, flood-gates, filter-beds, culver ts , tunne ls , drains , acqueducts , sluices, stops,
water- locks , out le ts , cu t t ings , e m b a n k m e n t s , bu i ld ings , sheds, i n s t rumen t s , appara tus , appliances, works inc identa l there to , and other works of every description for t h e purpose of obta ining, conserving, storing, lifting, conveying, measu r ing , d i s t r ibu t ing , or del iver ing wa te r for i r r igat ion or domest ic
use, or otherwise sui table to t h e purposes of an i r r iga t ion se t t lement .
" I r r iga t ion Cul t iva t ion A r e a " means t he lands and he red i t aments described in t h e Second Schedule to this Act .
" J u s t i c e " means any Jus t i ce or Jus t ices of t h e Peace .
" M i n i s t e r " means t he Minis te r charged w i t h t h e admin i s t ra t ion
of th i s Ac t .
" O w n e r "
" O w n e r " includes lessee or occupier and lessee or licensee unde r
t h e Crown.
" P e r s o n " means any individual as well as any Corporat ion,
Munic ipa l i ty , Borough, or other local au thor i ty .
" P r e s c r i b e d " means by this Ac t or b y the regula t ions the reunde r .
" Pr iva te l a n d " means any land which is no t Crown land or which is hereinaf ter express ly referred to as p r iva te land.
" R o a d " means a publ ic road so const i tu ted by reservation, pro clamation, dedication, or otherwise, howsoever.
The in tervent ion of a road or water -course (not be ing a p e r m a n e n t r iver) shall not prevent holdings or lands be ing held to he;
" ad jo in ing ."
" Regu la t ions " means t h e regula t ions m a d e unde r th is Ac t .
" S t o c k " means and includes cat t le , horses, sheep, and all o ther
domest ic animals .
" T h e P r o m o t e r s " means the said " Menindie I r r iga t ion Se t t lement (L imi ted) , " and the Assignees of t he said Company for the
t ime being.
A n d the P a r t s a n d sections of this Act are a r ranged in the order following, namely :—
P A R T I .—Pre l iminary provisions.—ss. 1-3.
P A R T I I . — P o w e r s , duties, and liabilities of the Promoters.—
ss. 4 - 4 5 .
P A R T I I I . — T h e reservation as an Irrigation Water Conserva tion Area of the Lake, Creeks, and Lands described in the
First Schedule hereto.—ss. 4 6 - 5 7 .
P A R T I V . — The occupation and acquisition by the Promoters of
the Crown Lands described in the Second Schedule hereto.— ss. 5 8 - 6 1 .
P A R T V . — The ascertainment and payment of compensation in
respect of lands resumed and taken.—ss. 62 -74 .
P A R T VI.—Miscellaneous p rov i s ions -Lega l procedure-ss. 75-S7 .
P A R T I I .
Powers, duties, and liabilities of the Promoters.
4. Subjec t to t h e provisions of th is A c t i t shal l be lawful for
THE P romote rs to exercise any of t h e following powers, t h a t is to say :—
(i) To construct, upon and across the channels between Lake Menind ie a n d the Dar l i ng River , and the channel be tween L a k e Cawndil la and L a k e Menindie , or any of t hem, dams , weirs , flood-gates, or water- locks, or other i r r igat ion works, for t he purpose of conserving water in L a k e Menind ie , wi th t h e necessary offtakes and works , and to a l te r and ma in t a in
t h e same. ( i i )
To const ruct a n d place i r r iga t ion works wi th in or w i thou t t he Areas described in t he F i r s t and Second Schedules here to for t he purpose of conserving, raising, or otherwise deal ing wi th any wa te r authorised by this A c t to be t aken and used.
( i i i ) To t ake or divert water from L a k e Menindie , or from any creek, channel , or water-course leading to or from t h e said Lake , or from the river Dar l ing , and to convey to and dis t r ibu te the same within the I r r iga t ion Cul t ivat ion Area or
elsewhere
elsewhere as hereinaf ter provided, in quant i t ies not exceeding an average of one eubic foot per m i n u t e for every five acres of land in tended to be i rr igated under t he provisions of th i s A c t : Provided, nevertheless, t h a t no th ing contained in th i s A c t shall au thor ise t he use of wa te r from the said r iver for any purpose , so as in any way to diminish t he quan t i t y to such an ex ten t as to interfere w i th t h e navigat ion of t h e r iver , or reduce the discharge of t he wa te r of t he said r iver below such m i n i m u m as t h e Governor shall from t ime to t ime prescribe by notification to be publ ished by t h e Minis ter
i n t h e Gazette. (iv) After payment of compensation as hereinafter provided to widen or deepen, and use for d ra inage or any o ther purpose , any exis t ing creek, lagoon, swamp, or water-course w i th in or leading to or from the areas described in t he F i r s t and Second Schedules h e r e t o ; and also to enter upon, t ake , and hold a n y Crown or pr ivate lands, s t reets , roads, or thoroughfares , and to cons t ruc t the re in any i r r iga t ion works, and to ma in t a in , repair , a l ter , cut off, or remove t h e same, and enter upon a n y such lands, s treets , roads, or thoroughfares for t h e pur
pose of repa i r ing any i rr igat ion or o ther works be ing the i r
p roper ty or unde r the i r control .
(v) A n d w i t h o u t such compensat ion to enter in to and upon any lands and t ake , lay down, and set ou t levels of t he same for t h e purpose of cons t ruc t ing i r r igat ion works : Provided t h a t
t he n a t u r a l supplies of water received unde r exis t ing c i rcum stances by L a k e Specula t ion and L a k e Cawndil la from t h e r iver Dar l ing shall not be diminished or rendered less useful, and t h a t the P romote r s shal l have no r i g h t to t h e waters
stored in L a k e Speculat ion and L a k e Cawndil la .
5. N o t h i n g in th is A c t shal l be cons t rued to l imit or in any
way interfere wi th t he r igh t s of the Crown to t h e general control of n a t u r a l supplies of w a t e r ; a n d the provisions of th i s A c t shal l be subject to the provisions of any general legislat ion to deal wi th water conservat ion t h r o u g h o u t t h e Co lony ; and whenever it shall be deemed necessary in the publ ic in teres t t he Governor may on giving t h e P romote r s six m o n t h s ' not ice in wr i t ing of his in ten t ion so to do t ake possession and control of t he whole or any p a r t of t h e lands , works , goods, chat te ls , and funds a t t he t ime belonging to or vested in t h e P romote r s , subject to all l iabilities and obligations a t t ach ing to t he
same, and wi th all t he powers hereby c rea ted ;
and on publ ica t ion of a
not ice in t he Gazette, such lands, works , goods, chat te ls , and funds shall vest in t he Crown. The c la im of t he P romote r s to compensat ion, and all proceedings consequent thereon, and t h e assessment of compensa t ion shal l be made and ascer tained in t he m a n n e r provided in t he
" L a n d s for Pub l ic Purposes Acquis i t ion A c t , " and any A c t amend ing or repeal ing it.
0. The P romote r s shal l m a k e p a y m e n t to t h e Crown of such
a m o u n t in each year in n a m e of charges for wa te r r igh t s as t h e Governor m a y from t ime to t ime prescribe, h a v i n g regard to t h e cost of t he P romote r s ' i r r igat ion works and m a i n t e n a n c e thereof, and in t h e event of any general legislat ion in reference to i r r iga t ion be ing here- after enacted t he a m o u n t of such charges shall be in accordance w i t h t he ra tes , if any, fixed in or appoin ted by any such genera l legislat ion, b u t not exceeding one p e n n y for every thousand cubic feet of wa te r supplied by the P romote r s to the I r r iga t ion Cul t iva t ion Area or else where from L a k e Menindie , or from any creek, channe l , or water-course leading to or from that lake, and not exceeding twopence for every thousand cubic feet of wa te r supplied as aforesaid from the r iver
Dar l ing . 7,
7. A n y person author ised by the Min i s te r in t h a t behalf may
a t any t ime , except Sundays , be tween t h e hours of six in the morn ing a n d six a t n igh t , en ter the lands of t he Promote rs a n d view and inspect the i r r igat ion works thereon, and a n y i r r iga t ion works be longing to t h e Promoters , and may take such steps as he m a y deem necessary to g a u g e the discharge and flow of wa te r at any pa r t of t h e works , and the P romote r s shall afford to such person every facili ty for m a k i n g such inspection.
8. W h e n e v e r any person employed by t h e Promote rs in pur
suance of this Ac t shall , whi le in t he execut ion of his duties, cause in jury to land, fences, or o ther proper ty , or shall cause loss or damage to a n y owner of l and or o ther proper ty , t he person suffering such in jury , loss, or damage shall be ent i t led to be compensated by the Promoters .
| 9. The plans of any dams, weirs, culverts , br idges, or o ther works which may interfere in any way wi th | t h e flow of a n y n a t u r a l |
| channel , and a detai led descript ion of all i r r iga t ion works shal l | be |
| submi t t ed to t he Minis ter , and m u s t receive his sanct ion before | such |
| works can be entered upon . |
10. W h e n any person claims compensat ion from t h e P romote r s ,
on accoun t of a n y injury, loss, or damage, and such claim is d isputed by the Promoters , t h e compensat ion claimed shall be set t led in m a n n e r provided in P a r t V of th i s Ac t in respect of c laims for compensat ion made the reunder : Provided always t h a t in t h e exercise of any of the powers hereby conferred t he P romote r s 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 the r watering-places, drains , and channels for the use of adjoining lands in place of any t aken away or in te r rup ted by t h e m , a n d shall m a k e full compensat ion to all part ies in teres ted for all ac tua l damage sustained by t h e m t h r o u g h the exercise of such powers.
11 . The Promote rs may open a n d break u p the soil and p a v e m e n t
of any streets, roads, and bridges, and m a y open and break u p sewers, drains , or tunne l s wi th in or under such streets and bridges, and lay down and place wi th in t he same or o ther l imits , pipes, condui ts , service pipes, and o ther works , and from t ime to t ime , repair , alter, or remove the same, and for t he purposes aforesaid may remove and use t he ear th and mater ia ls in and under such streets , roads, and bridges, and do all o ther acts which the P romote r s shal l from t ime to t ime deem necessary for t h e cons t ruc t ion and ma in t enance of i r r igat ion works as author ised
| by this A c t : | Provided nevertheless t h a t permission be obtained from |
| respect ive munic ipa l councils when such streets are outside t h e | I r r i ga | |
| t ion | Cul t iva t ion | Area . |
12. W h e n t h e Promote rs shall open or b reak u p t h e road or p a v e m e n t of any street or bridge, or any sewer, drain, tunne l , or waterpipe, they shall w i th all possible speed comple te the work for the doing of which the same shall be b roken u p , and fill in the ground and re ins ta te and m a k e good the road or p a v e m e n t or the sewer,
| drain, t unne l , or water -p ipe | so opened or b roken u p , and carry away |
t h e rubb i sh occasioned thereby. A n d shall a t all t imes, whi ls t any such road or pavement shall be so open or b roken u p , cause the same to be fenced or guarded, and shall cause l ight sufficient for t he wa rn ing of passengers to be set u p and kept t he re for every n i g h t du r ing which such road or pavemen t shall be cont inued open or broken up .
13 . The Promoters may, w i t h i n t he areas described in t he :
F i r s t and Second Schedules here to from t ime to t ime , divert or al ter , t emporar i ly or pe rmanen t ly , any par t of t he course of any creeks or water-courses, roads, streets, or ways, in order t he more convenient ly to exercise any of the powers conferred on the Promoters , and may subject to t he proviso contained in section four hereof, c u t drains and
deliver
deliver wa te r into, dam, embank , widen, or deepen any creek, water course, lagoon, or swamp wi th in such area, and m a y purchase or take on lease a n y exis t ing water-works , and erect or cons t ruc t thereon all
necessary i r r iga t ion works .
14. The Promoters m a y supply any person, e i ther wi th in or
wi thou t the I r r iga t ion Cul t iva t ion Area, w i th wa te r for i r r igat ion and domest ic use, by measure or otherwise, a t such ra tes , upon such te rms , and subject to such conditions as may be agreed upon by the
P romote r s wi th such person. 15 . The Promote r s shall not be l iable, in t h e absence of express s t ipula t ion unde r a n y ag reemen t for the supply of water , to any pena l ty or damages for no t supply ing or con t inu ing to supply such water if the want of such supply arises from u n u s u a l d rough t or o ther unavoidable cause, or from accident, or from necessary repairs .
16. The Promote r s m a y let for hire to any person suppl ied wi th water by measure any meter , water -gauge, or other i r r igat ion work, for such r emunera t ion and upon such t e rms as may be agreed upon by the Promoters ; and such agreement shall and may be enforced in
any Cour t of L a w or E q u i t y . 17. Such meters , water-gauges , or other i r r igat ion works shal l not be subject to distress for r en t of the premises where the same are used, or be liable to be a t t ached or t a k e n in execu t ion u n d e r any process of any Cour t of Law or Equ i ty , or u n d e r or in pursuance of a n y sequest ra t ion or order in insolvency, or other legal proceedings agains t or affecting the person us ing such water, or t he occupier of t he premises, or other the person in whose possession t h e meters ,
water -gauges , or o ther i r r iga t ion works may be. 18. Every person who shal l have agreed with the P romote r s for a supply of water by measure, shall at his OWN expense, unless he h i re a me te r or water-gauge from the Promoters , provide a mete r or water-gauge, and keep and ma in ta in the same in good working condit ion to the satisfaction of such officer as m a y be appoin ted by the Promote r s ; and in the event of a n y repairs be ing required , notice in wr i t ing shall be immedia te ly given by such person to the Promoters , and registration of the quan t i ty used shall be t aken before such repairs are effected.
19. The Promoters or their officers or servants may enter in and upon any lands, houses, or bui ldings, and w i th or wi thou t horses or carr iages, may en ter in and upon any lands to, t h rough , or into which water is supplied or carr ied by the P romote rs to inspect the
meters , or other i r r igat ion works, or for t he purpose of ascer ta in ing the quantity of water suppl ied or consumed, or to examine if the re be any waste or misuse of w a t e r ; and may from t ime to t ime en te r any house, bui ld ing, or lands, for t he purpose of r emov ing or a l te r ing
any meter , or o ther i r r iga t ion work, upon or affecting t h e proper ty of
t he Promoters . A n d if any person h inders any such Promoter , officer, or servant f rom en te r ing or m a k i n g such inspect ion or alteration or effecting such removal, he shall for each such offence be liable to a penalty no t exceeding five pounds , but except with t h e consent of a Jus t i ce a power of en t ry shall be exercised only be tween the h o u r s of six in t h e forenoon and six in t he af ternoon.
20. Subject to t he precis ions of th i s A c t t he P romote r s may,
from t ime to t ime , m a k e , amend , and repeal regula t ions for or r e l a t ing to all or a n y of the fol lowing subjects :—
(i) The supply and sale and distribution of water to any person
wi th in or w i t h o u t the I r r iga t ion Cul t ivat ion Area . (ii) The assessment of the rate and price at which water shall be supplied, and the t ime of paymen t for the same, whe ther in advance or otherwise , and t h e order in which appl icants may
be served. ( i i i )
( i i i ) T h e de te rmina t ion and ad jus tmen t of the interest , if any,
of t he various landowners and others wi th in t he I r r iga t ion Cul t ivat ion Area to and in t he i r r igat ion works .
(iv) The m a n a g e m e n t and ma in t enance of t h e i r r igat ion works, and t h e p a y m e n t of t h e a n n u a l work ing expenses, and the appo in tmen t of W a t e r Managers or Trustees to supervise and control all or any ma t t e r s referred to in this section.
(v) The prevent ion and remedying of waste , u n d u e consumpt ion , theft, fouling or con tamina t ion of t he water contained in or supplied from any p a r t of" the I r r iga t ion W a t e r Conservation
A r e a or I r r iga t ion W o r k s . (vi)
The protect ion of-the water and every p a r t of t he i r r igat ion and other works from trespass or in jury .
(vi i ) The protect ion, m a n a g e m e n t , and use of places for wa te r ing
stock, a n d for b a t h i n g and wash ing purposes. (v i i i ) The imposing of penalt ies for any breach of any regula t ion b y th is act authorised to be made by the Promoters , no t exceeding t h e sum of fifty pounds , and t h e enforcement of
t h e s a m e ; and
(ix) General ly for du ly adminis ter ing and ca r ry ing out the
powers given to t h e Promote rs .
A n d such regula t ions shall , upon being approved by the Governor and
| publ ished in t he Gazette, | be valid in law. |
2 1 . The price to be charged by the Promoters for wa te r sold to
any person for domestic use or for wa te r ing stock wi th in t he I r r iga t ion Cul t ivat ion Area shall in no case exceed one shi l l ing and sixpence per one thousand gal lons.
22. If any person suppl ied with wa te r by t he P romote r s wrong fully does, or causes or permi ts to be done, a n y t h i n g in contravent ion of any of t he provisions of this A c t or of t he regula t ions of the Promoters , or wrongful ly fails to do a n y t h i n g which unde r any of those provisions ough t to be done for t he prevent ion of the waste, misuse, u n d u e consumpt ion, or contamina t ion of t h e wa te r of the Promote r s , such person shall be l iable for t he value of t he water wasted or misused, and the Promoters may (wi thout prejudice to any remedy against t h e m in respect thereof) cut off any of t he pipes, canals , or other i r r igat ion works, by or t h r o u g h which water is supplied to such person or for his use, and may cease to supply such person with wa te r so long as the cause of injury remains or is no t remedied.
23 . I f any person th row, convey, or cause or pe rmi t to be
| t h rown or conveyed any rubbish , dirt , filth, or o ther noisome ti l ing |
into any such lake , s t ream, drain , reservoir, aqueduc t , or o ther water works as aforesaid, or wash or cleanse the re in any cloth, wool, leather , or skin of a n y an imal , or any clothes or other th ing , he shall for each such offence forfeit a s u m not exceeding twen ty pounds .
24. If any person wilfully and after due not ice cause the wa te r of any sink, sewer, or drain, or other filthy water be longing to h im or unde r his control to r u n or be b r o u g h t into a n y such lake, s t ream, drain , reservoir, aqueduc t , or o ther water -works belonging to t h e Promote r s , or over which they have any r ights or control, or shal l do any other act whereby t h e water of t h e Promote rs shall be fouled, such person shal l for each such offence forfeit a s u m not exceeding twen ty pounds , and a fur ther sum of t w e n t y shillings for each day (if more
| t h a n one) t ha t such offence | cont inues . |
25. A n y person wilfully po l lu t ing t he water supplied or to be supplied by the P romote r s (onus of proof t h a t wa te r is pol luted res t ing w i t h Promoters) shall forfeit a s u m not exceeding twenty pounds , to be recovered wi th full costs of suit for each day d u r i n g which such pollut ion shall cont inue after t he expira t ion of twenty-four hours from the t ime w h e n notice of t h e offence has been served on such person by
| t h e | P romote r s . | 20. |
26. A n y person who shall , w i thou t t he au tho r i t y of t h e Promoters , establish or re-establish, or pe rmi t to be established or re established any connect ion which has not been authorised, or which m a y have been cu t off, removed, or severed by the Promoters , or who shall in any m a n n e r wilfully injure or t a m p e r wi th any i rr igat ion work which m a y have been approved by t h e Promoters , so as to destroy, diminish, or endanger i ts efficiency, m a y be summoned for such offence before two Jus t ices , and, on convict ion thereof, shall be adjudged to pay the P romote r s the amoun t of t he charges and expenses which t h e P romote r s m a y have incur red (and which they a re hereby author ised to incur) in repa i r ing or restoring the same to a s ta te of efficiency. E v e r y such offender shal l also forfeit and pay a pena l ty not exceeding t en pounds .
27. The charges for water and all sums due to t he Promote rs shall be paid by and be recoverable from the owner of t he premises , or t h e occupier or person requ i r ing , receiving, or us ing the water . "When water is supplied by measure , all ra tes or charges for the same shall be paid a t such t ime a n d in such m a n n e r as shall be provided for b y the regula t ions of the Promote rs . The r e n t payable for me te r s shall be payable in advance as and from the first day of J a n u a r y , Apr i l , J u l y , and October in each year.
28. If any person refuse or neglect to pay on demand to the Promote rs any ra te , charge , or sum due by such person unde r th is Act , t h e Promoters m a y recover t he same wi th costs in any Cour t of compe ten t jur isdict ion, and a n y such person may be sued in any such
Cour t s i t t ing wi th in t he Police Dis t r ic t of Mitchel l .
29. If any person wrongfully t ake or use any w a t e r be longing
to t h e Promoters , or supplied by t h e m for t he use of any o ther persons, he shall for every such offence be liable to a pena l ty not exceeding fifty pounds .
30. If any person fix or refix any water -meter , wa te r -gauge ,
or o ther i r r igat ion work upon any pipe or o ther i r r iga t ion work t h e
proper ty of the Promoters , w i thou t hav ing first obta ined au thor i ty from the Promoters , he shall forfeit a sum not exceeding ten pounds .
3 1 . I f any person remove or a l ter t he posit ion of, or in any way
interfere wi th , any i rr igat ion work w i t h o u t hav ing obtained au thor i tyas aforesaid, he shall for each such offence forfeit a s u m not exceeding
t w e n t y pounds .
32. E v e r y person requ i r ing to remove or a l ter t he posit ion of or to open any i r r igat ion work shall leave twen ty -one days not ice in
wri t ing to t h a t effect a t t he local office of t he Promoters , s i tuated upon
• the I r r i ga t i on Cul t ivat ion Area, A n d if any person refuse or delay to
have any i r r iga t ion work proper ly repaired and p u t in correct w o r k i n g order after h a v i n g been requi red by any officer of t h e P romote r s so to do, t h e Promote rs may shu t off the supply of wa te r from the l and or premises of such person, e i ther by c u t t i n g t h e service-pipe or other wise, u n t i l such i r r iga t ion work shall have been properly repaired and certified by some officer of t he P romote r s as be ing in proper work ing order.
33 . Eve ry person who shall wilfully obs t ruct any person ac t ing
u n d e r t he au thor i ty of t he P romote r s in se t t ing out the l ine of a n y i rr igat ion works unde r t ak en unde r t he au thor i ty of th is Act, or pu l l u p or remove any poles or s takes dr iven into t h e g round for t he purpose of se t t ing ou t the l ine of such works , or destroy or injure any works so unde r t aken as aforesaid shall incur a pena l ty not exceeding t w e n t y pounds for every such offence.
3 1 . If any person unlawfully and maliciously destroy or
damage , or a t t e m p t to destroy or damage , any i r r igat ion work, road way, or o ther pa r t wha tever of the mach ine ry or works of t he Promoters , such person shall be l iable to be imprisoned for any t e r m not exceeding
four years. 35 .
35. I t shal l he lawful for t he Promoters , and all persons by t h e m author ised, to en te r upon any lands, no t being a garden, orchard, or p lan ta t ion a t t ached or belonging to a house, nor a park , planted walk, avenue or g round ornamenta l ly p lanted , and not being nearer to the dwelling house of the owner of any such lands t h a n one hundred yards therefrom, and to occupy the said lands so long as m a y be necessary for t he const ruct ion or repair of any works author ised by this Ac t , or t he accommodat ion works connected the rewi th , hereinaf ter ment ioned , and to use the same for any of t he following purposes, t h a t is to say—
For the purpose of t ak ing ea r th or soil by side cu t t ings theref rom; For t he purpose of deposit ing soil thereon ;
For t he purpose of ob ta in ing mater ia ls therefrom for t h e con
s t ruc t ion or repair of t he water-works, or such accommodat ion works as aforesaid ; or For t h e purpose of forming roads the reon to or from or by the side of t h e said works.
A n d in exercise of such powers it shall be lawful for t he P romote r s and all o ther persons employed therein to deposit , and also to manufac tu r e and work upon such lands, mater ia l s of every kind used in cons t ruc t ing the; said works, a n d also to take; from any such lands any t imber , and also to dig and take from or out thereof any clay, s tone, gravel , sand, or o ther th ings t h a t may be found the re in useful or proper for con s t ruc t ing t he said works, or any such roads as aforesaid, and for t he purposes aforesaid to erect thereon workshops, sheds, and other build ings of a t emporary n a t u r e : Provided always t h a t no th ing in this Ac t conta ined shal l exemp t the Promoters from a n act ion for nuisance or o ther in jury (if any) done in t he exercise of the powers hereby conferred to t he lands or habi ta t ions of any pa r ty other t h a n the p a r t y whose lands shall be so t aken or used for any of the purposes aforesaid : Provided also t h a t no stone or slate quar ry , brick-field, or o ther l ike place which, a t t he t ime of en t ry on the lands shal l be commonly worked or used for ge t t i ng mater ia ls therefrom for the purpose of sell ing or disposing of the same, shall be t aken or used by the P r o m o t e r s ei ther whol ly or in pa r t for any of t h e purposes las t ly hereinbefore ment ioned, and tha t t h e Promoters shall pay to t h e owner of t he land a fair price for any t imber , clay, stone, gravel , sand, or other th ings t aken the re f rom: Provided also t h a t where such lands so entered upon are Crown Lands , n o t h i n g in this Ac t contained shall e x e m p t t he Promoters from the provisions of P a r t V I of t h e
| " Crown L a n d s A c t of 1884 ." |
36. If any such lands shall be used for any of t h e purposes
aforesaid, t he Promoters shall , if required so to do by the owner
thereof, separate the; same by a sufficient fence from the lands
adjoining there to with such gates as m a y be necessary for t he convenient occupat ion of such lands, a n d in case of any difference be tween the owners of such lands a n d the P romote r s as to t he necessi ty for such fences and gates, t hen with such fences and gates as t he Minis ter shal l deem necessary for t h e purposes aforesaid.
37. I n any of t h e cases aforesaid where t he P romote r s shal l
t ake t empora ry possession of lands by v i r tue of t he powers herein granted , it shal l be i n c u m b e n t on t h e m wi th in one m o n t h af ter the i r en t ry upon such lands , upon being required to do so, to pay to t h e occupier of the said lands t he value of any crop or dressing t h a t m a y be thereon, as well as full compensat ion for any o ther damage of a t empora ry n a t u r e which he may sustain by reason of t he P romote r s so t a k i n g possession of his lands.
38 . If in t h e exercise of t he powers hereby granted it be found
necessary to cross, cu t t h rough , raise, sink or use any pa r t of any road,
whe the r
w h e t h e r carriage-road, horse-road, or tram-road, or rai lway, e i ther publ ic or pr ivate , so as to render i t impassable for, or dangerous, or more t h a n usually inconvenient to passengers, or carriages, or to t he persons entitled to t h e use thereof, the P romote rs shall, before t he commence m e n t of any such operat ions, cause a sufficient road to be m a d e instead of t he road to be interfered wi th , a n d shal l a t their own expense, maintain such substituted road in a state as convenient for passengers and carr iages as t he road so interfered wi th , or as near ly so as m a y be.
39. If t he road so interfered with can be restored compat ib ly w i t h t he due completion of any works authorised under this Act , t h e same shall be restored to as good a condition as i t was in a t t he t ime when t h e same was first interfered w i th by the P romote r s , or as near thereto as m a y be, and if such road c anno t be so restored, t h e Pro moters shall cause the new or substituted road, or some o ther sufficient substituted road, to be put into a permanently substantial condition equa l ly convenient as the former road, or as near the re to as c i rcum stances will allow, and the former road shall be restored, or t h e substituted road put into such condition as aforesaid as t he case m a y be, with all reasonable expedi t ion.
40. If any irrigation work shall cross any h ighway , o ther than a public carriage-way, on the level, t he Promoters shall m a k e and a t all times maintain convenient ascents and descents, and o ther con venient approaches with hand-rails or o ther fences, and shall, if such highway be a bridle-way, erect and a t all t imes maintain good and sufficient gates, and if the same shall be a footway, good and sufficient gates or stiles on each side of works where t h e h ighway shall com
m u n i c a t e the rewi th .
4 1 . The Promote r s shall make and a t all times thereaf ter main
tain t h e following works for t he accommodat ion of t h e owners of lands adjoining any irrigation works authorised under this Act , t h a t is to say—
Such and so many convenient gates, bridges, arches, culverts, and passages over, under, or by the side of, or leading to or from such i r r igat ion works as shall be necessary for the purpose of making good any in te r rup t ions caused the reby to t he use of t he lands t h r o u g h which t he same shal l be made , and such accommodat ion works shall be made forth with after t he pa r t of the irrigation works passing through or over such lands shall have been laid down or formed or during t he format ion
thereof.
Also sufficient posts, rails, hedges, di tches, mounds , or other fences for separa t ing t he land, t aken for t h e use of such i r r igat ion works from the adjoining l ands not taken, and p ro tec t ing such lands from trespass, or t h e ca t t l e of t h e owners thereof from straying thereout by reason thereof, toge the r w i th al l necessary gates made to open towards such adjoining lands and not towards t h e said irrigation works , and a l l necessary stiles, and such posts, rails, and o ther fences shall be m a d e for thwi th after the taking of any such lands, if t h e owners thereof shall so require. Also all necessary arches, tunnels, culver ts , drains, or other passages, either over or under, or by t he sides of such irriga tion works , and of such dimensions as will be sufficient a t all times to convey the natural wa te r from the l ands ly ing near or affected thereby.
Provided always t h a t t he P romote r s shall not be requi red to m a k e such accommodation works in such a m a n n e r as would prevent or obstruct the using of any irrigation works authorised by th is Act , nor to make any accommodation works w i t h respect to which t he Owners of t h e lands shall have agreed to receive and shall have been paid compensation.
42. If any difference arise respect ing t he k ind or n u m b e r of
any such accommodat ion works or the dimensions or sufficiency
thereof, or respect ing t he ma in t a in ing thereof, the same shal l be deter
mined by t h e Minis ter , who shall also appoin t the t ime wi th in which
such works shal l be commenced and executed.
43. I f any of t h e owners of lands affected by any irr iga t ion work shall consider t h e accommodat ion works made by t h e P romote r s , or directed b y the Minis ter to be made by t h e P romote r s , insufficient for t he commodious use of the i r respective lands , it shall be lawful for any such owner or occupier, at any t ime a t his own expense, to m a k e such fur ther works for t h a t purpose as he shall t h i n k necessary, and as shall be agreed to by t h e Promoters .
44. If the Promote rs so desire, all such las t -ment ioned accom modat ion works shall be cons t ruc ted unde r the super in tendence of t h e Promoters ' Engineer , and according to plans a n d specifications to be submi t t ed to and approved by t h e Promoters . B u t the Promote rs shal l not be ent i t led to requi re either t h a t p lans shall be adopted, wh ich will involve a greater expense t h a n t h a t incurred in the execu t ion of similar works by t h e Promote r s , or t h a t t h e p lans selected should be
| executed in a more expensive m a n n e r | t h a n | t h a t | adopted | in similar |
| cases by the Promoters . |
45. I f any person omit to shu t and fasten any gate set u p for t he accommodat ion of the owners of the adjoining lands, or of t h e Promote rs or the i r tenants , as soon as he and t h e carr iages, catt le , or other animals under his care have passed t h r o u g h the same, he shall forfeit for every such offence any s u m not exceeding t en pounds .
P A R T I I I .
| The reservation | as an Irrigation | Water | Conservation | Area | of | the |
Lake, Creeks, and Lands described in the First Schedule hereto.
46. On t h e passing of this Act , i t shal l be notified by the
| Governor, | by publ icat ion | in t he | Gazette, | t h a t t h e Lake , Creeks, |
| and Lands men t ioned and described in the F i r s t Schedule here to have been set a p a r t as an I r r iga t ion "Water Conservat ion Area for | i r r igat ion |
| purposes a n d domest ic use wi th in | t he count ies of Menind ie , | Tandora , |
| and Yancowinna. |
47 . U p o n the publ ica t ion of t h e notification in t he Gazette
| declar ing t h a t t he | Lake , Creeks, | a n d | L a n d s | there in | described arc so |
required and set apar t , t h e P romote r s shall have t h e r igh t to use for t he purposes of th is Act , t he wa te r in, over, or upon such Lake , Creeks, and Lands, b u t t he Governor shal l have t he r igh t to use or to author ise t h e use of t he water , in, over, or upon t h e said Lake , Creeks, and L a n d s ; b u t if for i r r iga t ion purposes subject to due provision
| being made for the proper irr igation of the I r r iga t ion | Cul t ivat ion |
| A r e a : | Provided, also, t h a t | no th ing in th i s | section | conta ined | shall |
| interfere w i th any r igh ts already | exis t ing. |
48. U p o n the publ ica t ion of t he said notification t he Promote rs
| shall | be ent i t led to fence off any | por t ion of t he | I r r iga t ion | W a t e r |
Conservat ion Area on which I r r iga t ion W o r k s are const ructed or erected : Provided a lways t h a t w h e n such fencing shall p reven t access to any lake or creek previously in use by any owner of adjoining lands for wa te r ing stock or domestic use the P romote r s shall provide, in l ieu thereof, o ther convenient wa te r ing places for t he use of such owner for t he l ike purposes .
49. For so m u c h only of t h e I r r i ga t ion W a t e r Conservat ion Area as shall he fenced off unde r t he au thor i ty of the preceding section, t h e
owners thereof shall he ent i t led to claim compensat ion.
50. After the const ruct ion b y the Promote rs of all such I r r iga
t ion W o r k s upon the Areas described in t he First and Second Schedules here to as they m a y consider necessary for t he i r r igat ion of t he I r r iga
t ion Cul t ivat ion Area, i t shal l be lawful for any owner of land in the Count ies of Menindie , Tandora, and Yancowinna to apply to the P romote r s for t he supply and delivery of water from t h e I r r iga t ion W a t e r Conservat ion Area upon such land for i r r igat ion and domestic use for a t e r m of years, a t a price by measu re or otherwise ; and the P romote r s shall supply such wa te r on t he conditions af terment ioned : Provided always t h a t by so doing they shall no t endanger due provision
for, and the proper i r r iga t ion of, t he I r r iga t ion Cult ivat ion Area . 5 1 . Every such appl ica t ion for a supply of water on land
s i tua ted outside t he I r r iga t ion Cul t iva t ion Area for irr igation or domestic use shall be accompanied by a p l a n of any special i r r igat ion works necessary therefor, and a m a p or p lan of t h e lands through wh ich such special works are i n t ended to pass, showing t h e posit ion of such proposed works the reon and the names of the owners of such lands , toge ther wi th a n es t imate by a competen t engineer of the cost of ca r ry ing ou t such special works.
52. Before any p a r t of such special i rr igat ion works as may be carr ied out unde r this p a r t of th is A c t shal l be commenced, t he plans and const ruct ion thereof shall be approved and author ised by the Minister , and such owner shall be obliged to prove to t h e satisfaction of t he P r o m o t e r s t h a t such works will yield a reasonably p e r m a n e n t r e t u r n a t a r emunera t ive ra te upon the total cost thereof; a n d any such special works shall be const ructed only unde r wr i t t en ag reemen t be tween the P romote r s and such owner, and such agreement , whether u n d e r seal or not, shal l be deemed a covenant r u n n i n g wi th such land, and t h e successive owners thereof, during t h e t e rm of such agreement .
53 . Al l such special irrigation works as may be cons t ruc ted unde r
this p a r t of this Act shall be const ructed by the Promoters , and unde r t he super in tendence of the Promote rs ' engineer , unless t he Promote rs shal l otherwise agree wi th such owner, wi th in a reasonable t ime after the approval and au thor i ty of t he Minis ter as aforesaid shall have been obtained. B u t t he Promote rs shal l not be ent i t led to requi re e i ther t h a t p lans shall be adopted which will involve a grea ter expense t h a n t h a t incur red in t he execut ion of similar works by the Promoters , or t h a t t he plans selected should be executed in a more expensive m a n n e r
t h a n t h a t adopted in similar cases by t he Promoters . 54. The Promote rs shall be ent i t led to charge and recover from such owner in each year in n a m e of water rates, payable half-yearly, such sum as may be approved by the Minister , or as m a y be agreed upon by the P romoters w i t h such owner, and such s u m shall include; a fair and reasonable proportion of t he following i tems of outlay and expense in respect of t he i rr igat ion works on the I r r iga t ion W a t e r Conservat ion Area, namely : —
(i) Provision for a s ink ing fund for t h e ma in t enance and r enewal of t he irrigation works.
(ii) Annual cost of working and supervision of the irrigation works.
( i i i ) In t e re s t a t the ra te of t en per c e n t u m per a n n u m upon t he to ta l cost of t he irrigation works, including the a m o u n t of compensation paid in respect thereof and the cost of lands acquired therefor.
55. I n addition to such charge in name of water ra tes pe rmi t t ed
by t h e last-preceding section i t shall be in the option of the Promote rs
ei ther
ei ther to cha rge and recover from such owner the to ta l cost of special i r r igat ion works cons t ruc ted on the appl icat ion of such owner, or to charge , and recover from such owner, in each year, in n a m e of special wa te r ra tes , such s u m as m a y be approved by the Minis ter , or as m a y be agreed u p o n by the Promoters wi th such owner, to cover t h e cost of such special works .
56. Subjec t to t h e provisions of th is Act , it shall be lawful for t h e P romote r s to enter in to an ag reemen t in wr i t ing wi th t h e owner of any land wi th in t he Counties of Menindie , Tandora , or Yancowinna , for the supply and delivery of wa te r upon such land for a t e r m of years, or from year to year, a t a price, by measure or otherwise, to be stated in such agreement , and in every such ag reemen t t he owner of such l and shall agree to pay such price for t h e t e r m l imited in t he agreement , a n d to pay t h e P romote r s for no t less wa te r in any year
| t h a n t h e m i n i m u m | quan t i t y | in | such | agreement | specified, | and | such |
ag reemen t by such owner, w h e t h e r u n d e r seal or not , shall be deemed a covenant r u n n i n g wi th such land, and shall b ind such land and the successive owners thereof du r ing the said t e rm . B u t no t h ing in such agreement shall be const rued to create any obl igat ion on t h e pa r t of t he Promote rs to supply any s tated quan t i ty of wa te r in t he event of t he re being a t t h e disposal of t he P romote r s an insufficient quan t i t y
| of wa te r as in th i s pa r t of this A c t | provided. |
57. If a t any t ime t h e supply of wa te r obtainable from t h e I r r iga t ion W a t e r Conservation Area , shall , in t h e opinion of t he Promoters , be insufficient to supply to any such owner the whole of the water to which such owner would otherwise have been ent i t led and l iable to t ake , w i t h o u t endanger ing the due provision for, and the proper irr igation of, t he I r r iga t ion Cul t iva t ion Area, t h e Promote rs shal l deliver to such owner, and such owner shall receive, such quan t i t y only as t h e I r r iga t ion W a t e r Conservat ion A r e a can, in t h e opinion of t h e Promoters , supply ; and if the re be several such owners t h e Promote rs shall in such event deliver to such owners respectively, and such owners shal l respectively be liable to t ake from t h e Promoters such a m o u n t of water only as t he I r r iga t ion W a t e r Conservation Area can,
| in the opinion of t he Promoters , | properly supply in quan t i t i e s in pro |
por t ion to t he quant i t ies which such owners would, had t he r e been sufficient water available w i thou t endanger ing the due provision for, and the proper i r r igat ion of, t h e I r r iga t ion Cul t ivat ion Area , have respectively been ent i t led and l iable to t ake from the P romote r s ; b u t in such case such owner shall only pay for t he water ac tual ly provided for
| h i m ; and in no case shall any action, claim, demand, or o ther pro | ceedings for not supply ing wa te r to any such owner be main ta inab le | ||
| in any form in any case where i t has been de te rmined by t h e Minis te r t h a t t h e P romote r s have been, wi thou t negl igence or wilful | |||
| |||
| to supply such wa te r in v i r tue of any provisions of th is Ac t . |
P A R T I V .
| The occupation | and acquisition | by the Promoters | of the Crown | Lands |
described in the Second Schedule hereto.
58. On t h e passing of this Ac t , i t shall be notified by the Governor , by publ ica t ion in t he Gazette, t h a t the lands described in t h e Second Schedule here to are requi red and have been set apa r t as an I r r i ga t ion Cul t ivat ion A r e a for t h e use of t h e Promoters , a n d tha t t he same shall be held by t h e m upon the conditions specified in this Act ,
59. The effect of such publ ica t ion shal l be to wi thd raw the lands described in t he Second Schedule here to from any lease or license or promise thereof, to cancel any dedicat ion or reservation of t h e said l and m a d e unde r t h e au thor i ty of t he " Crown Lands Al ienat ion A c t
of 1 8 6 1 , " or a n y Act or Ac ts a m e n d i n g or repeal ing t he same. 60. Subject to t he performance by t h e m of t he condit ions specified in th i s A c t the P romote r s shall, on t he publ ica t ion of t h e said notice, hold t h e lands described in t he Second Schedule hereto, or t h e ba lance thereof f rom t ime to t ime , under t he provisions of th is Act , as lessees from the Crown, and shall pay to t h e Crown an a n n u a l s u m in n a m e of ren t , at a ra te to be fixed as provided by t h e exis t ing L a n d s Acts or any future a m e n d m e n t thereof. A n d t h e P romote r s shal l be ent i t led to a lease, t he t e r m of which shall be for a period of twen ty -e igh t years , wi th t he opt ion to t h e lessees of a renewal of such lease for a fur ther period of twen ty -e igh t years ; and such Promote rs shall be ent i t led to g ran t sub-leases of any p a r t of t h e lands described in t h e Second Schedule here to , or t he balance thereof from t ime to t ime .
6 1 . The condit ions upon which t h e I r r iga t ion Cul t ivat ion A r e a
shall be held and acqui red by the P romote r s shal l be as follows,
n a m e l y : —(i) They shall expend upon or in connection with the Irrigation
Cul t iva t ion Area , and wi th in the period of t w e n t y years from
t h e passing of th is Act , in t he construct ion of i r r iga t ion works ,
a n d p e r m a n e n t improvements , a s u m of n o t less t h a n t h i r t y t housand pounds in t he following manne r , t h a t is to s a y : — D u r i n g the first period of five years t he s u m of t e n thousand pounds ; before or du r ing the second period of five years t h e further sum of seven thousand pounds ; before or dur ing the th i rd period of five years t h e fu r ther s u m of seven thousand p o u n d s ; and before or du r ing t h e four th period of five years t he balance of six thousand p o u n d s ; a n d t h e said s u m of t h i r t y thousand pounds shal l be expended as aforesaid, in addi t ion to such sums of money as m a y be expended upon or in connect ion with t h e l and described in t he Second Schedule here to in p r epa r ing and p lan t ing and
cu l t iva t ing t h e same.
( i i ) They shal l keep and m a i n t a i n al l i r r igat ion works, and
p e r m a n e n t improvements u p o n or in connect ion wi th t h e
I r r iga t ion Cult ivat ion Area in good condit ion and repair . ( i i i ) They shall not sub-lease any land in parcels exceeding e ighty
acres, if the land shal l be prepared and p lan ted for frui t growing, or one h u n d r e d and sixty acres if prepared for g rowing other produce, or sub-lease more t h a n one h u n d r e d
and s ixty acres of l and to t he same person.(iv) They shall not at any time hold in their own possession, or in t h a t of the i r agents , more t h a n five t housand acres of cul t ivated i r r igated land, out of the lands described in t he t h e Second Scbedule here to .
(v) They shall use all reasonable efforts to establish within the
period of five years from the passing of th i s Act , u p o n t h e
I r r iga t ion Cul t iva t ion Area t h e business and indus t r ies of
fruit growing, frui t d ry ing , preserving, and c a n n i n g . (vi) They shall take all reasonable measures to destroy all such
animals and birds wi th in a n d upon t h e I r r iga t ion Cul t iva t ion Area as m a y be proclaimed to be ve rmin .
(v i i )
They shall , wi th in t h e period of five years from t h e pass ing of th is Ac t , use all reasonable means to effect t h e remova l of al l t imber growing wi th in t h e h i g h wa te r -mark of t he L a k e specified in the First Schedule here to , and m a y cu t u p , use , and dispose of t he same.
(VIII)
( V I I I ) The Governor m a y resume w i t h o u t compensat ion, except
for bui ld ings and o ther p e r m a n e n t improvements , a n y port ion
of t he I r r iga t ion Cult ivat ion Area for Gove rnmen t rai lways, t r amways , roads, schools, and other public purposes.
( ix) For the purpose of ascer ta in ing t h e ac tua l cost of bond fide
i r r iga t ion works and p e r m a n e n t improvements unde r th is Act , the Promoters shal l from year to year , u n t i l t he said s u m of t h i r t y thousand pounds shall have been expended as aforesaid, submi t to t h e Minis te r accounts and proper vouchers of all
i r r igat ion works , and p e r m a n e n t improvements expended by t h e m u p o n or in connect ion wi th t h e I r r iga t ion Cult ivat ion Area , and t h e a m o u n t of t h e accounts as passed by t h e Minis ter shal l be deemed to be t he ac tua l expendi tu re by the P romote r s upon or in connect ion wi th such i r r igat ion works
a n d p e r m a n e n t improvement s .
(x) T h e accounts of t h e Promote rs in a n d abou t t he const ruct ion of t he i r r igat ion works and p e r m a n e n t improvements shall be subject to all t he provisions of t h e " Aud i t A c t of 1870, " so far as m a y be in t he same m a n n e r in all respects as if such accounts had been specifically ment ioned there in .
Prov ided always t h a t if t he Promoters should a t any t ime fail to comply wi th t h e foregoing condit ions or a n y of t h e m , all thei r r igh t , t i t le , and in teres t in or to t h e lands in this pa r t of the A c t ment ioned or referred to shall , subject to t h e provisions of this Act , absolutely
| cease and | de te rmine . |
P A R T V.
The Ascertainment and Payment of Compensation in Respect of Lands Resumed and Taken.
02. W h e r e t he l and described in any notification unde r th i s Ac t , a n d resumed and t aken for any of t he purposes thereof, consists whol ly or par t ly of l and al ienated by, or n o t t he proper ty of, t he Crown, or is no t Crown L a n d as defined by th is Act , or is held under a n y lease or license from the Crown, t h e owners, lessees, or licensees thereof shall be ent i t led to receive such sum of money, by way of compensat ion, for the land so described, as shal l be agreed upon, or
| otherwise ascertained, u n d e r t h e provisions hereinafter | contained. |
63 . The estate and interes t of every person ent i t led to lands requi red unde r this Act , or any port ion thereof, a n d whe the r to t he legal or equi table estate there in , shall, upon due p a y m e n t of t h e a m o u n t of compensat ion tendered by t h e Promoters , or assessed by t h e j u r y or arbi t ra tors as hereinaf ter provided, be deemed to have been as fully and effectually conveyed to t he P romote r s as if t h e same had been conveyed by the persons legally or equ i tab ly ent i t led there to by means of t he most perfect assurances in t h e law. A n d every person shall , u p o n assert ing his c laim as hereinaf ter provided, and m a k i n g o u t his t i t le in respect of any port ion of t he said resumed lands , be ent i t led to compensat ion on account of such r e sumpt ion in m a n n e r
| hereinaf ter | provided. |
64. Every person c la iming compensat ion in respect of any land so required, or in respect of any work or o ther m a t t e r done unde r t he au thor i ty of th is Act , shall , wi th in n ine ty days from the publ icat ion of such notification, or a t any t ime af terwards w i th in such extended t ime as a j udge of t h e Sup reme Cour t shall, upon the applicat ion and at the cost of t h e c la imant appoint in t h a t behalf, serve a notice in wr i t i ng
upon
u p o n t h e Promoters , which not ice shall set fo r th t h e n a t u r e of t h e
estate or in te res t of t he c la imant in such land, toge ther w i t h an abs t rac t of his t i t le , and if he claims in respect of damage , t he n a t u r e of t he damage wh ich he has sustained or will sustain by reason of t h e t a k i n g of his land, or of such work or m a t t e r as aforesaid, and such
notice m a y be in t h e form of t he Third Schedule hereto, b u t wi th a n y modifications requi red by t h e na tu r e of t h e claim. 65 . W i t h i n s ixty days after the receipt of every such not ice of
claim, t h e Promote rs shall cause a va lua t ion of t he land or of t he estateor in teres t of t he c la imant therein to be made by a compe ten t valuator ,
and shal l inform the c la imant as soon as pract icable of t he a m o u n t of such va lua t ion by notice in t h e form of t he F o u r t h Schedule here to .
66. If w i th in n ine ty days after the service of not ice of c la im
t h e c la imant and t h e Promoters shall no t agree as to t h e a m o u n t of
compensat ion, t h e c la imant shall he at l iber ty to proceed to a rb i t ra t ion unde r the " Arb i t ra t ion A c t of 1892 ," or ins t i tu te proceedings in t he Supreme Cour t in t he form of an act ion for compensat ion against t he Promoters ; and any such action m a y be tr ied before a J u d g e of t h e said Cour t , or in any Circuit Court , and a special j u r y of four persons : Provided always t h a t upon proper application, e i ther of the P romote r s or of the c la imant , a special j u r y of twelve m a y be s u m m o n e d for the t r ia l of such act ion : Provided also t ha t wi th t h e consent in writing of the Promoters and the c la imant , any such act ion may be so tr ied a t any t ime (to be men t ioned in such consent) before t h e expira t ion of n ine ty days from service of the notice of c laim for compensat ion, b u t not w i th in four teen days from service of t he not ice
of va lua t ion on such c la imant . 67. The issue to be tr ied in any such act ion shall be w h e t h e r the c la imant is ent i t led to a l a rger s u m by way of compensat ion t h a n the a m o u n t of t he valuat ion so made by the Promoters and notified to t h e c la imant as aforesaid ; and if so, to w h a t sum. A n d if upon t h e t r ia l of t he said act ion t h e verdict shall be for a greater sum t h a n t h e a m o u n t of t he said valuat ion, t he costs of t h e action shal l be borne by t h e Promote r s , b u t if t h e verdic t shall be for a s u m equa l to or less
than such valuat ion, t h e n the costs shal l be borne by the c la imant .
63 . Al l moneys payable u n d e r th i s A c t by way of compensat ion
to any cla imant , whe the r unde r t h e verdict of a j u r y or otherwise, shall be paid toge ther wi th costs (if any) and interest a t t h e r a t e of six pounds per c e n t u m per a n n u m , reckoned from the date of t h e notifica
t ion aforesaid wi th in one m o n t h after t h e de te rmina t ion of such com
pensa t ion to t h e person lawfully ent i t led the re to , or to his agen t duly au thor ised in t h a t behalf in wr i t ing , b u t t h e c la imant shall be b o u n d to m a k e out his t i t le to the es ta te or in teres t claimed by h i m in al l cases where t he claim is in respect of t he depr ivat ion of some estate or in teres t in land : Provided t h a t in t h e case of land unde r t h e surface t a k e n for the purpose of cons t ruc t ing a sub te r ranean t u n n e l for wa te r supply, no compensat ion shal l be allowed or awarded unless t h e surface of t h e over lying soil be d is turbed, or t he suppor t to such surface be destroyed or injuriously affected by the cons t ruc t ion of such t u n n e l , or unless any mines or u n d e r g r o u n d work ings in or adjacent to such land be the reby rendered unworkab l e or be so affected as aforesaid.
69. A Dis t r ic t Court shall, no twi ths t and ing a n y t h i n g conta ined
in t he " D i s t r i c t Courts A c t of 1858 , " or any a m e n d m e n t thereof, have jur isdict ion to t r y any such action of compensat ion a t t he Dis t r ic t Cour t holden wi th in the distr ict where in any land in respect of which a n y c la im has arisen u n d e r this Ac t (or t he grea te r por t ion of such
land) is s i tuated in any case where t h e whole a m o u n t of t he c la im
in
in respect to such land served in pur suance of section sixty-five of this Ac t does no t exceed two hund red pounds, or if exceeding t h a t a m o u n t in any case where the P romote r s and the Cla imant b y a m e m o r a n d u m signed by the Promoters ' A t to rney and t h e Cla imants '
| A t to rney agree there to . | F o r t h e purposes of | this | Act | t h e | provisions |
of t h e said Dis t r ic t Courts Act , and of any Ac t amend ing the same, t oge the r wi th all rules made or to he made thereunder , shall be deemed to apply to all proceedings t aken in any Dis t r ic t Cour t hereunder .
70. I n es t imat ing or assessing the compensat ion, if any, to be
| pa id unde r th is Act , regard shall be h a d b y the valuators a n d by | the |
j u r y (on a n y issue), or by t he arbi t ra tors and their ump i r e to, and they are hereby author ised and empowered to apply t h e following principles so far as t he same m a y be applicable in each case, n a m e l y :—
(c) Regard shall be had not only to the value of the land taken by the P romote r s , b u t also to t h e damage , if any , to be sus ta ined by the c la imant by reason of t h e severing of the lands t a k e n from other lands, or o ther injuries suffered by h i m by reason of t he exercise of t he powers expressed or incorporated in this A c t ; and the valuators , j u ry , or arbi t ra tors shall assess t he same according to wha t they shall find to have been t h e value of such lands, estate , or in teres t a t t he t ime notice was given of such lands be ing requi red or having been taken . (ii) No compensation shall be awarded in any case where the in ju ry for which compensat ion is claimed appears to have been the resu l t of t he execut ion of works which were incom plete a t t h e t ime of such in jury , if i t shall appear t h a t such works arc be ing bond fide prosecuted to complet ion.
71 . No twi ths t and ing a n y t h i n g hereinbefore contained, it shall
be lawful for t he Promoters , if t hey t h i n k fit, to agree wi th the owners of any lands , t h e acquisi t ion of which is author ised by this Ac t , and wi th all part ies having any estate or in teres t in such lands, or by this A c t enabled to sell and convey the same, for t h e absolute purchase for a considerat ion in money of any. such lands or such pa r t s thereof as shall be t h o u g h t proper, and of all estates and interests in such lands
| of w h a t k ind | soever. |
72. No twi ths t and ing a n y t h i n g hereinbefore contained, it shall
be lawful for t h e Promoters , if they t h i n k fit, to en ter into an ag reemen t in wr i t ing wi th any person c la iming compensat ion in respect of any land required, or in respect of any works or other
m a t t e r done u n d e r t h e au thor i ty of th i s Ac t , to refer such claim to
t h e decision of two arbi t rators and the i r umpi re , and in such event
any such ag reement shall be read and construed as a submission of
| such | claim | wi th in | t he | m e a n i n g | of | t h e | " A r b i t r a t i o n | Act , | 1892 ." |
73. I t shall be lawful for all par t ies be ing seized, possessed of, or ent i t led to any such lands , or any es ta te or in teres t there in , to sell and convey or release t h e same to t he Promoters , and to enter in to all neces sary agreements for t h a t purpose, and par t icular ly i t shal l be lawful for all or any of t he fol lowing par t ies so seized, possessed, or ent i t led as aforesaid so to sell, convey, or release, t h a t is to say, all corporations, t enan t s in ta i l or for life, marr ied women seized in the i r own r igh t or ent i t led to dower, guardians , commit tees of lunatics and idiots, t rus tees or feoffees in t rus t for char i table or other purposes, executors and adminis t ra tors , and all part ies for t h e t ime-being ent i t led to t h e receipt of the rents and-profi ts of any such lands in possession or subject to a n y es ta te in dower, or to any lease for life or for lives and years or for years , or any less in teres t ; and the power so to sell and convey or release as aforesaid may lawfully be exercised by all such par t ies other t h a n marr ied women ent i t led to dower or lessees for life or for lives and years or for years, or for a n y less interest , not only on behalf of themselves
b and and their respective heirs, executors , adminis t ra tors , and successors, b u t also for and on behalf of every person ent i t led in reversion, remainder , or expectancy after t h e m , or in defeasance of t he estates of such part ies , and as to such marr ied women, whe the r t hey be of full age or«not as if t h e y were sole and of full age, and as to such guardians on behalf of the i r wards , and as to such commit tees on behalf of t he lunat ics and idiots of w h o m they are t he commit tees respectively, a n d t h a t to t h e same ex ten t as such wives, wards, lunat ics , and idiots respect ively could have exercised t he same power unde r t he au tho r i t y of th is A c t if they b a d respectively been unde r no disability ; and as to such t rus tees , executors , or adminis t ra tors on behalf of the i r cestui
que t rus ts , whe the r infants , issue unborn , luna t ics , feme covert, or
o ther persons, and t h a t to t he same extent as such cestui que t r u s t s respectively could have exercised t he same powers unde r t he a u t h o r i t y of th i s Ac t if they had respectively been under no disability ; and t h e power hereinafter given to release lands from any ren t - cha rge or i ncumbrance , and to agree for the appor t ionment of any such ren t - charge or i n c u m b r a n c e shall ex tend to , and may lawfully be exercised by, every pa r ty hereinbefore enabled to sell, and convey, or release lands to t he Promoters .
7 1 . The several sections of the Gove rnmen t Rai lways Act ,
twenty-second Victoria n u m b e r n ineteen, hereinaf ter specified, toge ther w i th t he respect ive powers, author i t ies , dut ies , liabilities, obligations, and o ther t h e provisions there in contained, are hereby declared, no twi th s t and ing t h e repeal of the said Act , to be incorporated wi th , a n d embodied in, this Ac t , to the in t en t t h a t t h e same m a y be applied as fully and effectually to t he lands t aken under t he au thor i ty of th is Ac t as if t h e said sections had been specifically enacted herein . A n d t h a t wheresoever in a n y section so incorporated t h e word " Commissioner " occurs, there shall , for the purposes of th i s Ac t , be subs t i tu ted in l ieu of such word the expression " t h e P romote r s . " A n d whenever t h e word " ra i lway," or words imply ing works connected wi th a ra i lway, occur, the re shal l be subs t i tu ted such words respectively as denote the n a t u r e of t h e work, unde r t ak ing , or purpose in respect of which
t h e land in ques t ion has been appropriated or resumed. The following are t he sections so declared to be incorporated wi th th is A c t : —
(i) As to the determination of compensation to absent parties. Sections for ty- two to forty-four bo th inclusive,
(ii) As to the deposit of compensation money in certain cases wi th the Mas te r in E q u i t y and t h e applicat ion and invest m e n t thereof. As to p a y m e n t of such money in ce r ta in cases
to t rus tees or to t he part ies themselves, and the exonera t ion
of t h e Promote rs in respect thereof after payment . Sections forty-seven to fifty-two, bo th inclusive,
( i i i ) As to t h e deposit and applicat ion of compensat ion money on refusal of t he owner to accept t h e same or on his fail ing to m a k e out a satisfactory t i t le, and as to presumpt ion of ownership. Sections fifty-three to fifty-six, bo th inclusive.
(iv) As to the procedure by the Promoters in case the owner or occupier of any lands resumed under th is A c t shall refuse to give u p possession thereof or h inder t h e Promote rs from enter ing upon or t a k i n g possession of t he same. Section s ixty-one.
(v) As to the purchase or redemption of the interests of mor tgagees , and the deposit of pr incipal and interest clue on mor tgages wi th the Master in E q u i t y , t he procedure to be observed when the mor tgaged lands are of less value t h a n the mor tgage debt , and where pa r t only of lands in mor tgage
are t aken . Sections sixty-five to seventy, both inclusive.
( V I )
(vi) As to the release of lands from rent-charges and other
i ncumbrances , and procedure thereon. Sections seventy-one to seventy-four, b o t h inclusive.
( v i i ) As to t h e appor t ionment of ren t where lands t aken are unde r lease, and as to compensat ion to t enan t s .
Sections
seventy-five to seventy-eight , bo th inclusive.
P A R T V I .
Miscellaneous provisions—Legal procedure.
75. One-half of any pena l ty recovered unde r th i s A c t shall b e :
pa id to t h e informer ; and where any distress is m a d e for any s u m of money to be levied u n d e r th is Act , t h e distress itself shall no t be un lawfu l , nor t h e persons m a k i n g t h e same be deemed trespassers, on accoun t of any defect or w a n t of form in t he informat ion, summons , convict ion, wa r r an t of distress, or other proceedings re la t ing there to ,
| no r shall t h e persons d is t ra in ing be deemed | trespassers on account of |
| a n y i r regula r i ty t h a t | shall be af terwards | done by the persons dis |
| t ra in ing , b u t t he persons aggrieved | b y such | irregulari t ies m a y | recover |
satisfaction for t he special damage in an action on t h e case.
76. If i t shall be proved to t he satisfaction of any two Jus t ices in :
P e t t y Sessions assembled, t h a t the Promote rs or any of the i r officers have been gui l ty of any defaul t unde r th is Ac t not otherwise provided for, they shall be l iable for each and every such default to a penal ty no t exceeding five pounds , to be recovered in a s u m m a r y w a y : Provided t h a t t h e recovery of such penal ty shall no t release t h e Promoters from such other consequences of such defaul t as are imposed by th is Act .
77. E v e r y penal ty , forfeiture, charge , or s u m of money imposed:
by or m a d e payable unde r th i s Act , t he recovery of which is no t other- wise provided for, m a y be recovered by s u m m a r y proceedings before
| t w o Jus t ices , under | t h e provisions of t he Ac t or Acts in force for t h e |
t i m e be ing regu la t ing s u m m a r y proceedings before Jus t i ces . A n d where any such penal ty , charge, or s u m be no t paid, e i ther immedia te ly after conviction or adjudication, or wi th in t h e t ime appointed thereby, t h e same m a y be enforced by distress and sale of t h e offender's or defaulter 's goods and chat te ls , in t h e m a n n e r provided by the said A c t s .
78. If any pa r ty shall feel aggrieved b y any determinat ion or:
| adjudicat ion of any Jus t i ces wi th respect to any pena l ty or forfeiture u n d e r t h e provisions of th is Act , such pa r ty m a y appeal to the | nearest Qua r t e r | Sess ions; b u t no such appea l shall be | enter ta ined |
unless i t be m a d e wi th in four mon ths n e x t after t he m a k i n g of such determinat ion or adjudication, nor unless t en days not ice in wr i t ing of such appeal , s t a t ing t he n a t u r e and grounds thereof, be given to t h e pa r ty against w h o m the appeal shall be b r o u g h t ; nor unless t h e appel lan t for thwith after such notice enter in to recognizances w i th two sufficient sureties before a Jus t ice , conditioned duly to prosecute such appeal , a n d to abide t h e order of t he Cour t thereon. A t t h e Q u a r t e r Sessions, for which such notice shall be given, t he Court shall proceed to de te rmine t h e appeal in a s u m m a r y way, or t hey may , if they t h i n k fit, adjourn i t to t he following Sessions, and u p o n t h e hea r ing of such appeal , t h e Cour t may , if t hey t h i n k fit, m i t i ga t e any pena l ty or forfeiture, or t hey m a y confirm or quash t h e adjudication, and order any money paid b y t h e appel lant , or levied by distress upon his goods, to be r e tu rned to h im, a n d also m a y order such fur ther satisfaction to be made to the pa r ty injured, as t hey m a y judge reason able ; and they m a y m a k e such order concerning the costs, bo th of t he
| adjudicat ion and of t he appeal , as they m a y t h i n k | reasonable. |
79. If t h r o u g h a n y wilful act , neglect , or default , on accoun t whereof any person shall have incurred any pena l ty imposed by th is Ac t , any damage to any conduit , ma in , pipe, sewer, or o ther p roper ty of t h e Promoters , used in connect ion the rewi th , shall have been commi t t ed b y such person, he shall be liable to m a k e good such damages as wel l as to pay such pena l ty , and t h e a m o u n t of such damages shall, in case of dispute, be de te rmined by t h e Jus t i ces by w h o m the pa r ty i ncu r r ing such pena l ty shal l have been convicted, and on non-paymen t of such damages on demand, t he same shall be levied by distress, and such
Jus t ices , or one of t hem, shall issue the i r wa r r an t accordingly.
80. A n y notice required by th is Ac t , or b y any regula t ion
made t he r eunde r to be served on, or given to, any owner or occupier of any bui ld ing , land, or premises, or on or to any person, m a y be in wr i t ing , or pa r t ly in wr i t ing a n d pa r t ly pr in ted , or m a y be whol ly pr in ted . A n d i t shall be sufficient for all purposes of th i s Ac t , unless t he said A c t in any case prescribes a different course to be pursued, if a n y such not ice is sent by post to t he owner by regis tered le t ter addressed to his l as t -known place of abode or of business, or is served on the owner or occupier of such bui ld ing , land, or premises, or left w i th some i n m a t e apparen t ly over t h e age of four teen years l iv ing a t t h e place of abode of such owner or occupier, or if the re be n o occupier, if such not ice be posted on some conspicuous par t of such bui ld ing or land. A n d any not ice requi red to be served or given in respect of a n y publ ic street , road, or lane m a y be served on or sent by post as aforesaid to t he Council Clerk of the Borough or Munic ipa l Dis t r ic t wherein such street , road, or lane , or a port ion thereof affected
by t h e not ice is s i tuated. 8 1 . I n t he event of t he wrongful exercise of a n y powers given
by this Act , no th ing in th is A c t conta ined shall be construed to p reven t any person from indict ing, or otherwise proceeding, ei ther civilly or cr iminal ly against t h e P romote r s or the i r officers, for nuisance or otherwise in respect of t h e works , or means used or employed by the Promote r s in t he exercise of t h e privileges he reby conferred on t h e Promoters , or to p reven t t h e Promoters , or any person recovering any s u m of money, or otherwise proceeding in any Cour t of competen t ju r i sd ic t ion ; b u t t he Promote rs or any person, to whom any penal ty or s u m of money may , by t h e provisions of th is Act , be awarded, m a y elect c i ther to proceed in m a n n e r in th is Ac t provided, or to proceed for and recover damages or otherwise, in any Cour t of competent jur isdict ion.
82. F o r any of t he purposes of the Promoters author ised by th i s
A c t t h e Promoters m a y f rom t ime to t ime borrow money in such sum or sums as t he Promote rs may t h i n k f i t ; a n d for secur ing the repay m e n t of t he money so borrowed, wi th interest , i t shall be lawful for t h e P romote r s to issue debentures , to be charged and secured u p o n t h e P romote r s lands, i r r igat ion works, r igh ts , powers, authori t ies , privileges, and revenues or to mor tgage t h e same.
83 . The Promote r s shal l assign and t ransfer to each and every sub-lessee of land wi th in t he I r r iga t ion Cul t iva t ion Area such a water- r i g h t to a t t a ch as an easement to t h e land so sub-leased as the Promote r s m a y de termine , b u t subject to p a y m e n t b y the sub-lessee of such water ra te as m a y be fixed by assessment or by ag reement as hereinbefore provided, and such wate r - r igh t , When assigned or t r ans ferred to such sub-lessee shall be expressed in or endorsed upon t h e sub-lease of such l a n d ; and in all cases such wate r - r igh t shall , dur ing t h e t e r m of t he sub-lease a t t a ch to t h e l and to which the same has been assigned, and shall be held by and be long to t h e sub-lessee of such l and for the t ime being : Provided always t h a t such wa te r - r igh t shall in no case be inconsistent w i th t h e r igh t s conferred on t h e
P romote r s unde r th is Act .
8 4 I t shall be lawful for t he Promoters , a t any t i m e after the
pass ing of this A c t and after t he execut ion of works u n d e r th is Ac t to t h e value of five t housand pounds , to assign, transfer, convey, and release to a n y person, or to any company duly incorporated for t h a t purpose, and registered and incorporated in N e w South Wales , all or a n y of t h e r ights , powers, author i t ies , privileges, liabilities, a n d obliga t ions conferred and imposed by th is Act , toge ther wi th all or any of t h e lands , t enements , heredi taments , estates, chat te ls , and effects of every k ind acquired under or in pu r suance thereof, and occupied, or used in connection wi th t he same, and upon and after t h e complet ion of such ass ignment , t ransfer , conveyance, and release such person or company their officers, agents , and servants a lone m a y lawfully exercise and enjoy all t he r ights , powers, au thor i t ies , and privileges, and shall be and cont inue alone to be subject to all t he liabili t ies, obliga t ions, penal t ies , a n d forfeitures to which the said P romote r s , the i r officers, agen ts , or servants would have been ent i t led or subject had no such ass ignment , t ransfer , conveyance, and release been comple ted : Provided, however , t h a t no th ing here in contained shall pre judice or affect any r igh ts accrued, act ion or proceedings t aken against , or liabilities, obligations, penal t ies , or forfeitures incur red by the said P romote r s before t he completion of t he said ass ignment , transfer, conveyance, and release, and for wh ich the said assignees shall be as fully liable as t he Promoters would have been if no such ass ignment , transfer, conveyance, and release had been executed.
85. I n t he event of any dispute , question, or difference ar is ing
be tween the Promoters and the Minis ter , t he same shall be referred to two arbi t ra tors , one to be appointed b y the Governor and the other by t h e Promoters , and in such event th is section shall be read and con s t rued as a submission wi th in t h e m e a n i n g of t he " Arbi t ra t ion Act , 1892 ," of such dispute, question, or difference, to such arbi t ra tors .
86. The Governor may, by proclamation, al ter t he boundar ies
of t h e I r r iga t ion Cul t iva t ion Area, b u t so t h a t t he ex ten t thereof shall no t be increased or decreased.
87. This A c t shall become n u l l and void unless :—
(a) The construction of irrigation works be commenced by the P romote r s wi th in six mon ths after t he pass ing of th is Act . (b) The sum of two thousand five hundred pounds be expended upon or in connect ion wi th t h e i r r igat ion works and p e r m a n e n t improvements contempla ted in th i s Ac t wi th in one year after
t h e passing of t h e Act . (c)
The sum of five thousand pounds be expended upon or in connect ion wi th t h e i r r igat ion works and p e r m a n e n t improve men t s contempla ted in this A c t w ithin two years after the passing of t he Ac t .
Provided t h a t t he Minis te r shall have power to extend the t ime in each of t he aforesaid cases for a further period of six months , if reasonable cause be shown by the Promoters .
S C H E D U L E S .
S C H E D U L E S .
F I R S T S C H E D U L E .
The Irrigation Water Conservation Area.
A L L t h a t land in t he Counties of Menind ie and Tandora , being t h e area covered by L a k e
Menindie , and the Creeks leading into and from the same.
S E C O N D S C H E D U L E .
The Irrigation Cultivation Area, about 25,000 acres.
W E S T E R N Div is ion—Land Dis t r ic t of Wi l lyama , within t h e resumed area of Kinchcga
H o l d i n g N u m b e r two h u n d r e d and forty-four, notified thirty-first J u l y , one
t housand eight h u n d r e d and eighty-five.
N o . 16,083. C o u n t y of Tandora , parishes of H u m e , K a r s , Maiden , and Bellar , con
ta in ing an area of abou t twenty-five thousand acres. The Crown lands within the following
boundar ies : Commencing on the no r the rn shore of L a k e Menindie , at t h e south-eas te rn
corner of Ra imondo Pedro ja ' s homes tead lease th ree hundred and for ty , of t e n t h o u s a n d
two h u n d r e d and forty acres ; and bounded thence by t h e n o r t h e r n shore of t h a t lake eas ter ly to t h e in tersect ion of the south-wes tern boundary of t ravel l ing s tock reserve n ine thousand eight hundred and sixty-seven, notified twelfth October , one t housand e ight h u n d r e d and e igh ty -n ine ; thence by a l ine nor th -wes te r ly to the south-wes tern corner of camping and wa te r reserve sis hundred a n d n ine ty -n ine , notified twenty-s ix th November , one thousand eight hundred and eighty-four ; thence by t h e wes tern and n o r t h e r n boundar ies of t ha t reserve and the eas te rn prolongat ion of t he la t te r boundary bear ing respect ively nor ther ly and eas ter ly to t h e south-western boundary of homestead lease two hundred and twenty-n ine , Will iam B u r n s ' t en t housand two hundred and for ty acres ; thence by pa r t of t h a t boundary , t he nor th -wes te rn boundary of t h a t homestead lease, and t h e nor th -wes te rn boundary of George Maiden ' s homestead lease ninety-five of t e n thousand two hundred and forty acres bear ing respectively nor th-wester ly and nor th-eas te r ly to t h e nor the rnmos t corner of the las t -ment ioned homestead lease; thence by the nor th-wester ly pro longat ion of t he nor th -eas te rn bounda ry of t h a t homestead lease bear ing nor th -wes t t h r ee miles ; thence by a direct line to the sixty-fifth mile peg on t h e road from Silverton to Menind ie bear ing south-wester ly to the nor th-eas te rn boundary of t ravel l ing stock reserve n ine thousand eight hundred and sixty-seven aforesaid ; thence by t h a t bounda ry south-eas ter ly to t he n o r t h e r n boundary of wate r and camping reserve six hundred and ninety-eight , notified twenty-s ixth November , one thousand eight h u n d r e d and e igh ty - four ; thence by the no r the rn and p a r t of t he eas tern boundar ies of t h a t reserve bear ing respectively eas ter ly and souther ly to t he nor th eas te rn boundary of t ravell ing stock reserve n ine thousand eight h u n d r e d and sixty-seven aforesaid ; thence by tha t boundary south-easter ly t o t he western boundary of homestead lease th ree hundred and forty aforesaid; and thence by pa r t of the western , t he nor the rn ,
and the eas tern boundar ies of t h a t homestead lease bear ing respectively no r th , east, and south, to t he poin t of commencement .
T H I R D S C H E D U L E .
Notice of Claim and Abstract.
To the P romote r s of the Menindie I r r iga t ion Act . I N pu r suance of t h e " Menindie I r r i g a t i o n A c t " I (or we) hereby give you not ice t h a t
I (or we) claim compensat ion for laud he reunde r described which has been resumed under
t he said Act . T h e amoun t of such claim and o the r t he par t icu lars r equ i red by the said
A c t are s ta ted in t h e subjoined abst ract . Abstract.
Particulars of | Names of persona
Names of occupiers, Dates and having the custody
Names and Quit rents pay- claim, specifying
Situation distinguishing other short of documents, and
descriptions of ble if leasehold, separately the
and whether tenants-at- particulars place or places where
parties claiming, and nameof landlord, amount claimed
description will or under lease, of docu the same may he in
nature of their erm of lease, and for value of
of property. rent reserved, ments of spected, and name of
interests. rent reserved. property and for
terms, (fee. title. claimant's solicitor
compensation. or agent. (Signature) (Address) (Date)
F O U R T H
McQuade JSstate.
FOURTH SCHEDULE.
Notice of Valuation.
To A.B., claimant in respect of the land hereunder described resumed under the
" Mcnindie Irrigation Act."
TAKE notice that the land hereunder described, being that in respect of the resumption
whereof under the authority of the aforesaid Act your claim or compensation has been
lodged, has been valued at the sum of £
The Menindie Irrigation Settlement, (Limited),
Promoters of the Menindie Irrigation Act.
Description of land in respect of lohich claim has been made.
A L L that piece or parcel of land &c, &c, &c.
0
0
0