Metropolitan and Ipswich Water Supply and Sewerage Acts Amendment Act of 1918 (9 Geo v No. 18) (Qld)

8668 WATER SUPPLY. Metropolitan, &ic., Water Supply, &ic., Act. 9 GEO. V. No. 18, 9 Geo. V. An Act to Amend "The Metropolitan Water Supply No. 18. THE METRO- and Sewerage Acts, 1909 to 1915," in .POLITAN AND certain particulars. . IpSWICH WATER [ASSENTED TO 18TH NOVEMBER, 1918.] SUPPLY AND SEWERAGE BE it enact.ed by the King's Most Excellent Majesty, A~ ~ - :ENT by and with the advice and consent of the Legis- ACT OF 1918.1ative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows ; - . 1. In the title of *" The M etropolitan Water Supply ~ : ~ rt tIUe and Sewerage Act of 1909" the words "and its Suburbs" construction are repealed and the words" and of the City of Ipswich of Act. and their environs" are inserted in lieu thereof. In the short title of the last-mentioned Act and in the short title of t" The Metropolitan Water Supply and Sewerage Act Amendment Act of 1915" and in the collective short title of the said last-mentioned Acts, after the word " Metropolitan" the words "and Ipswich" are inserted. This Act may be cited as "The Metropolitan and Ipswich Water Supply and Sewerage Acts Amendment Act of 1918," and shall be read as one with *"The . 7 . 1{ etropolitan and Ipswich Water Supply and Sewerage Acts, 1909 to 1915" (herein collectively referred to as the Principal Act). Poll to be tThe Governor in Council shall cause a poll to be taken. taken of all persons whose names appear on the voters' roll (or such roll revised to the latest practicable date consistent with the due taking of the poll) of any Local Authority in respect of land comprised within the Ipswich Water Area constituted under §" The Water Authorities Act of 1891" (and for this purpose shall, if necessary, cause such roll to be compiled) upon the following question; "Is the Ipswich Water Area to be combined with the Metropolitan Water Supply and Sewerage . District?" in accordance with the provisions of this Act. Such poll shall be taken on a day to be fixed by the Governor in Council, not being later than the thirtieth * 9 Edw. VII. No. 12,3 Geo. V. No. 10, and 6 Geo. V. No. 32, supra, page 7281. t 6 Geo. V. No. 32, supra, page 7l42. t The poll was taken on Dee. 14th, 1918, and the question was answered in the negative. § 55 Vie. No. 11, supra, page 3536.

WATER SUPPLY. 86,69 1918. MetropoWan j, &c., Water Supply, &c., Act. day of November, one thousand nine hundred and eighteen, but if for some unforeseen reason such poll can- not be taken on the day so fixed, then upon some later day to which the taking of such poll has been postponed by the Governor in Council. The poll shall be taken as nearly as practicable in the manner providedby section llA of *"The Local Authorities Acts, 1902-1917," for the taking of a poll of ratepayers, with such modification, if any, as the Governor in Council may deem necessary. If upon such poll being taken the number of votes given in the affirmative is greater than the number of votes given in the negative, this Act shall forthwith come into full operation; but if otherwise, the Ipswich Water Area shall not be deemed to be combined in any way or for any purpose with the Metropolitan Water Supply and . Sewerage District, and this Act shall in all respects be deemed to be amended accordingly, and any provision therein for the abolition or dissolution of the Ipswich Water Area and the Ipswich Water Authority,respectively constituted as such under t" The Water Authoritie8 Act of 1891," shall have no force,efiect,or operation whatsoever. 2. Section four of the Principal Act is amended as Amendment follows:- of s.4. In the definition of " Board," after the word" Metro- politan" the words " and Ipswich" are inserted. In the definition of "District," after the word " Metropolitan" the words" and Ipswich" are inserted. In the definition of " Stream," after the word "sluice" the word" ditch" is inserted. In the dt:'finition of "Waterworks," after the word "machinery" the word" pipe" is inserted. In the definition of " Works," after the words "sewerage works" the words "and all other works which the Board under this Act is authorised to under- tg,ke, construct, or maintain," are inserted; also the word "therewith" is repealed and the words "with any works" are inserted in lieu thereof. 3. In section six of the Principal Act, after the word Amendment "Metropolitan" where it twice occurs the words "and of s. 6 Ipswich" are inserted. 4. In section seven of the Principal Act, all words Amendment from and including the word "Cities" to and including of s. 7. * 2 Edw. VII. No. 19 and amending Acts, 8upra, pages 1860 et seq., 5653, 5918, and 8304. t 55 Vic. No. 11, supra, page 3536.

8670 WATER SUPPLY. MetropolJitan, &ic., Water Supply, &ic., Act. 9 GEO. V. No. 18, the' word "Toombul" are repealed, and the words "electoral districts (or parts of electoral districts) follpwing, that is to say:- Brisbane Division of the District- Brisbane Fortitude Valley Ithaca Merthyr, and Paddington South Brisbane Division of the District- Bulimba (Wynnum and Bulimba electoral divi- sions only, and exclusive of the Islands of Moreton Bay) Bumnda Kurilpa Logan (Coorparoo electoral division only) Maree, and South Brisbane Suburban Brisbane Division of the District- Enoggera Nundah Toombul Toowong, and Windsor And Ipswich Division of the District*- Bremer Fassifern (Ipswich electoral division only) Ipswich Oxley, and Rosewood (Ipswich electoral division and part of Lo- wood electoral division only) Schs. VI. and VU. the boundaries of which are described in the Sixth Schedule to this Act and delineated on the mttp in the Seventh Schedule to this Act" are inserted in lieu thereof In the last paragraPh of the said section seven, after the word "Metropolita.n" the words " and Ipswich" are inserted. Amendment 5. Section ten of the Principal Act is repealed, and of 8. 10. the following sections are inserted in lieu thereof :- Elected [10.] The ratepayers of the District shall elect eight members. ratepayers to be members of the Board. Each division of the District shall return two members of the Board. For the purposes of the election of members by the ratepayers, the following provisions shall apply:- Qualification (1.) Subject to this Act, any male ttttepayer shall of members. be qualified to be elected a member of the Board. * The Ipswich Water Area is excluded owing to the result of the poll; Bee sectio~ 1, 8upra.

WATER SUPPLY. 8671 1918. Metropolitan, &0., Water Supply, &c., Act. (2.) Every ratepayer who is enrolled on the voters'Qrlification roll for a. division of the District shall be qualified to vote 0 voter. at any election of a member or members for such division. (3.) Every ratepayer shall be entitled to give one One vote vote only at a.n election. only. (4.) A fresh election of a.ll members of the BoardFreB~ shall be held on Sllch da.y in the month of February, one :~: ~:! ~! rs thousand nine hundred and twenty-two, and at such in 1922. places within the District, as the Governor in Council sha.ll appoint. . At such election two members for each of the divisions of the District shall be elected by the rate- payers of ea·ch such division, respectively. At the conclusion of such election a11 the existing members of the Board other tha.n the .President shall go out of office. (5.) Subject to this Act, all members elected shallnurationof hold office for four years, except in the case, of the fresh office. election referred to in 'the last preceding subsection hereof, in which case one of the two members for each division of the District then elected shall go out of office at the end of two years; and the member who shall so go out of office shall be that member who received the least number of votes for his division at such election. If two members elected for the same division have received the same number of votes, then the question which of them shall go out of office shall be decided by lot. ' (6.) An election of members for each such divisionBie1l!lial shall be held in the year one thousa.nd nine hundred and electIons. twenty-four and in every second year therea.fter, on such day in the month of February and at such places within the District as the Governor in Council shall from time to time appoint. At every such election one member shall be elected for eachdivision of the District, and at the conclusion of every such election one member for each division shall go out of office; and, subject to this Act, the member for each division respectively who shall then go out of office shall be the member for that division who has been a member for four years. (7.) Every election of members sha.ll be held by and Returning before such returning officer as the Governor in Council officer. shall from time to time a.ppoint. . . ~

8672 WATER SUPPLY. Metropolitan, &c., Water Supply, &c., Act. 9 GEO. V. No. 18, Voters' rolls (8.) For the purposes of every election, it shall be the duty of the Secretary, when and so often as he is required by the returning officer so to do, to compile a voters' roll for each division of the District, or one or more of such rolls, as the case may require, consisting of the ratepayers of the several divisions of the district. The rolls when so compiled shall, subject to this Act, be conclusive evidence of the qualification of any person whose name therein appears to be elected a member or to vote at an election for a division of the District, as the case may be; and such rolls shall remain in force until new rolls are compiled under this Act in substitution for them respectively. At any time up to but not on or a.fter the day preceding the day fixed for the nomination of candidates, any such roll may be amended by the Secretary so as to conform with any amendments in the ratebook made since the roll was compiled. Rules. (9.) With respect to every election, the rules set forth Sch.lI. in the Second Schedule to this Act shall be observed. Vacancies. (10.) If at any time a vacancy in the Board is caused by death, resignation, or otherwise, such vacancy shall be filled as soon as may be, in manner hereinbefore provided,. by the election of another member for the division con- cerned, who shall hold office for the period during which the previous member would have held office if no vacancy ( had arisen: Provided that, if any such vacancy occurs within three months before the time when the previous member would have gone out of office, such vacancy need not be filled up. Declaration (H.) Every member of the Board before entering o S f ch o . ff V ic . e. f.1. upon the duties of his office shall make and subscribe before the Minister a declaration in form number one of the Fifth Schedule to this Act. Temp?rary [lOA.] Notwithstanding anything contained in the rperOpVreIsSeIonntaf- or 1ast preceding sect'IOn 0 f th' IS. Act, the f 0 11owm. g t· emporary. tion of provisions shall have effect :-- Ipswich , • Division (1) As soon as may be after the passmg of thIS until 1922. Act, two members of the Board shall be appointed in addition. to the eight sitting elected members of the Board, that is to say:- , One member shall be appointed by the

WATER SUPPLY. 8673:, 1918. MetropoUtan, &c., Water Supply, &c., Act. Governor in Council, and one member shall be appointed by the Council of the City of Ipswich. The two members so appointed shall be deemed to represent the Ipswich division of the District, and shall remain in office until the conclusion of the general election of memberE! in the ye~ r one thousand nine hundred and twenty-two. Until such election, the Board shall consist of ten members, exclusive qf the President. (2) The two members of the Board so appointed as last aforesaid shall be entitled to receive the rem'uneration provided for members under section twelve of this Act, and the sum of one thousand five hundred pounds per annum in lieu of the sum of one thousand two hundred pounds per annum therein provided for shall, for that purpose, be made available accordingly.. 6. The following provision is added to section Amendment· nineteen of the Principal Act :- 01 s. 19. Provided further that all storage reservoirs and catchment areas vested in the Board shall not be so deemed to be rateable land. 7.* (1.) Subsection two of section twenty-seven of Amendment the Principal Act is repealed. oI s. 27. (2.) (i.) Forthwith upon the appointment of the Dissolution additional members of the Board under section lOA of of Ipswich this Act, the Ipswich Water Area and the Ipswich Water : : t~ ~ rity Authority respectively constituted as such under t" The and transfer Water Authorities Act 0 'J ' 1891" shall be abolished and & of c. property, dissolved, and thereupon the following provisions shall be applicable : - (ii.) All the waterworks and all lands vested in or under the control of such Water Authority, and all interests, rights, benefits, and advantages appurtenant to, connected with, or related to all such waterworks an~ lands, and all other works, structures, plant, machinery, pipes, and all other appliances, fittings, and apparatus (other than service pipes laid within any private land at * As the proposal for amalgamation of the Ipswich Water Area was negatived at the poll under section 1. the Ipswich Water Area and Ipswich Watar Authority are to remain as heretofore ; Bee section 1, supra. . t 55 Vic. No. 11. 8Uprq.. page 3536. ,

8674 WATER SUPPLY. M~ tropoUtan, &c., Water Supply, &c., Act. 9 GEO. V. No.1B, the cost of any owner or occupier of such land), and 8111 personal property whatsoever of such Water Authority, shall, without any conveyance, assignment, or transfer. be vested in the Board for the pttrposes of this Act. All such waterworks constructed or in course of construction shall continue and be completed and shall be maintained ,and managed by the Board under and subject to this • tAhcet aiuntahlol rrietyspheecrtesoaf. s if they had been constructed under ~ ig~ ! " , . and (iii.) All rights, liabilities, obligations, contracts, and babilltles,&c. engagements of such Water Authority then existing, including the liability of the Council of the City of Ipswich in respect of any loan from the Treasurer in respect of waterworks and water supply, shall be and continue to be vested in, and shall devolve upon and attach to, and may be enforced by or against the Board under this Act. Rates,&c., (iv.) All rates and other moneys which are then due due. or payable to or leviable by such Water Authority shall be, and continue to be so due, payable, and leviable, and · may be paid to, and received, levied, and recovered by the Board under this Act. Actions,&c- (v.) All actions and proceedings then pending by or against such Water Authority may be carried on and prosecuted by or against the Board under this Act, and no such action or proceeding shall abate or be discon- tinued or prejudicially affected by anything in this Act contained. 1!1xisting (vi.) All licenses, registrations, and permits duly ~ c; : : ! tions. issued, m~ d~ , or granted ?y sl~ ch Water Authority:. an? and permits. then subslStmg, shall contmue m force for the penod, if any, specified in such licenses, registrations, or. permits unless the same are sooner suspended, cancelled, or revoked under or in pursuance of this Act.. ' By-laws. (vii.) All subsisting By-laws of such Water Authority · shall be and be deemed to have been valid, and shall · remain in force for the locality to which they relate, until they are repealed or superseded by By-laws or otherwise under this Act. Amendment 8. In subparagraph (d) of paragraph (lii.) of sub- of s. 28. section one of section twenty-eight of the Principal Act, after the word "drained" the words H or otherwise affected " are inserted.

WA1'ER. SUPPLY. 86;5 1918. Metropolitan~ wc., Water Supply, wc., Act. 9. In the first paragraph of section thirty-three of Amendment the Principal Act, after the word "storage" the words of s. 33. ~ , distribution, or supply" are inserted. 10. (L) After subsection eight of section thirty-four Amendment of the Principal Act, the following subsection is in- of s. 34. serted: ~ [8A.] The Board may, within its District or any Power as to &c reserve or catchment area under its control, contract for :a~:: ;s or it~ elf lmdertake- ' . (i.) The dredg{ng, deepening, and widening of any river, stream, watercourse, or other water or source of water supply; . (ii.) The removal from any river, stream, water- course, . or other water or· source of water supply, or from the bed or banks of the same, of weeds and other growth driftwood logs trees branches and other timber rock sand stone and gravel or other obstructions, and may dispose of the same towards recouping the cost of removal; (iii.) Construct and maintain any work necessary to prevent floods or damage from floods of rivers, streams, or watercourses, and all walls, embankments, and works necessary for rendering such work effective; (iv.) Construct and maintain works for thepreser- vation of the bed and banks of any river, stream, or watercourse from erosion or other damage or injury from any cause; (v.) The filling up, levelling, grading, and reclama- tion of low-lying or flooded lands: Provided that nothing herein shall authorise the Board to interfere with the banks, bed, or stream of any tida1 water at any place subject to tidal influence without the consent of the Governor in Council. (2.) In the second paragraph of subsection nine of the said section, after the word" innocuous" the words " in its effects" are inserted. 11. After section thirty-four of the Principal Act the following section IS inserted:- [34A.] Notwithstanding anything contained in *" The Works by s T h r a a 1 m 1 w ap ay p s 1 y A w ct h s e , re 18 a 8 n 2 y to co 1 m 89 p 0 a , n " ythwel.tfhom. llowt hinegmperaonvm. isgion 0 sf ctroammpwanayy. * 46 Vic. No. 10 and 54 Vic. No. 16, Bupra, pages 2945 et 8eq.

8676 WATER SUPPLY. Metropolitan, ru-c., Water Supply, ru-c., Act. 9 Goo. V. No. 18, those Acts proposes at any time to exercise or exercises .its powers under the said Acts by doing any work which would alter the position of, or in any manner or to any extent endanger or interfere with, any of the works of the Board:- (1.) The company shall give to the Board fourteen days' previous notice in writing of the intention to begin the work, accompanied by a plan and section of the work. (2.) If within fourteen days after service of such notice the Board so directs, the company shall make such reasonable modifications in the plan of the proposed work as are requisite for the proper protection of the Board's works. (3.) The work as so modified (where any modifica- tion is so directed) shall be carried out at the cost of the company under the superintendence and to the reasonable satisfaction of some competent person appointed by the Board. (4.) All works of the Board shall, notwithstanding that they may have been executed or altered wholly or in part by the company, remain under the sole control of the Board and shall be thereafter maintained by the Board in the same manner as if the tramwav had not been constructed. v (5.) If any dispute shall arise between the Board and the company wIth respect to any matter arising under this section, such dispute shall be referred to the Minister in manner prescribed by the By-laws (which By-laws the Board is hereby empowered to make), and the Minister shall determine such dispute, and his decision thereon shall be final and binding upon the parties. Amendment 12. In paragraph (a) of subsection six of section of s. 35. thirty-five of the Principal Act, after the word "operations" the words "All such surplus materials and rubbish shall be the property of the Board and may be carried away in such manner as in the opinion of the Board will occasion the least expense" are inserted. Amendment 13. The following provision is added to section' of s. 37. thirty-seven of the Principal Act:- Provided that, if any dispute shall arise between the Board and the owner of or person controlling such tram- way, line, or works as aforesaid with respect to .any matter arising under this section, such dispute shall be referred

WATER SUPPLY. 8677 1918.. Metropolitarn,. ru-c., Water Supply, ru-c., Act. to the Minister in manner prescribed by the By-laws (which By-laws the Board is hereby empowered to make), and the Minister shall determine such dispute, and his decision tl?-ereon shall be final and binding upon the parties. . 14. The following provision is added to subsection Amendment two of section forty-one of the Principal Act :_ of s. 4l. Ipswich General Hospital, two million gallons. 15. After section forty-two of the Principal Act the following section is inserted:- . [42A.] (1.) Upon application by any Water Supply Water Board constituted under *"The Rights in Water and Water; ~ f~ ~ to Conservation and Util1;zation Acts, 1910 to 1915," and Supply having jurisdiction in a Water Supply Area constituted Board. ,under those Acts through which any stream or pipe of the Metropolitan and Ipswich Water Supply and Sewerage Board passes or in which any of its waterworks have been constructed, that Board may supply water to such Water Supply Board by measure and on such terms and condi- tions as may be agreed on between them. (2.) For the purposes of the last-mentioned Acts, any such stream, pipe, or waterworks as aforesaid shall be deemed to be a soarce of water supply. 16. The following subsections are added to section Anendment forty-five of the Principal Act :_ of 8. 45. (3.) The price charged for water supplied for any Price to be purpose other than domestic purposes shall be the same uniform. to every person for the same quantity of water supplied, but the cost of conveying the water to the lands of the consumer shall be borne and paid by him in addition to such price. When the water is conveyed from the works in pipes or streams, the property of the Board, the cost to the Board of conveying the water shall be charged in proportion to the distance over which it is so conveyed. (4.) An agreement as aforesaid with such owner or Agreements occupi~r may be for the supply of water for a term not : t: ~ : ~ ers exceedmg fourteen years, and at a price by measure to for supply. be specified in the agreement, such price not being less than the current price, at the time of making the agree· ment, of water supplied or to be supplied by measure by the Board. * I Geo. V. No. 25 and 6 Geo. V. No. 15, supra, pages 3587 and 7129.

8678 WATER SUPPLY•. Metropolitan, &c., Water Supply, &c., Act. 9 Gm. V. No. 18, In every such agreement the owner or occupier of the land shall agree to pay the agreed price for the term therein limited, and to take not less water in any year than the minimum quantity therein specified, and to pay a minirp.um amount for water therein fixed. Any such agreement made by the owner or occupier, whether under seal or not, shall be deemed to be a covenant running with the land, and shall bind the land and the successive owners and occupiers t.hereof during the term: Provided that in the case of land held under *" The Real Property Acts, 1861 to 1887," a caveat notifying the terms of the agreement shall be lodged in the office of the Registrar of Titles. No such caveat shall be removed except upon the order of the Supreme Court or a judge thereof, which may be made upon petition or summons in a summary way upon proof that the agreement has ceased to have effect. Nothing in any such agreement shall be construed to create any obligation on the part of the Board to supply any fixed quantity of water in the event of an insufficiency of water requiring, in the opinion of the Board, a discon- tinuance or lessening of the supply as hereinafter provided. Power to regulate order of supply in case of deficiency. (5.) In the event of the water available to the Board for supply for purposes other than' domestic purposes falling short of the quantity necessary to supply water in sufficient quantity to be of practical service to all con- sumers for such purposes, the Board may, whenever and as often as it is satisfied of the actual or approaching insufficiency of such supply, from time to time, make orders regulating the order of priority in which and the quantities with which the various consumers shall be entitled to be supplied. . ~ { ~ : ~ ~ ; : ,nof (6.) When it is necessary to construct a pipe or strea~ improved for conveying water for purposes other than domestIC land. purposes through improved or 'occupied land, the shortest and most direct route reasonably practicable shall be taken upon which the pipe or stream can be constructed with an appropriate grade, so as to discharge the water at a point where it can be conveyed to and used upon the land where it is required. * 25 Vic. No. 14 and I.I-mending Acts, supra, pages 2984 et seq.

w ~ TE: a SUPPLY. 1918. Metropolitan, &;c.• Water Supply, &;c., Act~ No improved or occupied land shall, without the written consent of the owner, be subjected to the burden of two Or more pipes or streams for conveying water across the land when the same purposes can be reasonably effected by conveying in one pipe or stream all the water required to be so conveyed: . Provided that when a pipe or stream has been con- structed for the said purpose, and it is desired to convey a larger quantity of water across the land, the owner of the land shall be bound to allow it to be enlarged and used by any other person or the Board. 17. After section fifty-eight of the Principal Act, the following section is inserted : - . [ 58~ . ]. (1.) Sub~ ect to any general Act in force for the Electricity tIme beIng regulatIng such matters or any of them, and motive the Board may- .power. (i.) Enter upon and continue the manufacture of electricity and the conservation of hydraulic or other power and the manufacture of all materials arising from such manufacture or conservation, by means of any apparatus or other appliances, and by any process, art, or invention now or hereafter to be known or used, and from any substance that now is or may hereafter be used for such purposes; (ii.) Whenever necessary take and use water from any river, stream, watercourse, or other source of supply in the District, or in any water reserve or catchment area, for the afore- said purposes, and for using and supplying light or electric or hydraulic or other power; (iii.) In addition to the powers conferred by this . Act on the Board in relation to the construc- tion and maintenance of works, erect, make, construct, and :fix all appliances, apparatus, works, matters, and things of such construc- tion and in such manner as the Board thinks necessary or proper; and do all such acts and things as the Board from time to time thinks necessary or proper for carrying into effect the purpose and meaning of this section; (iv.) Erect and tb; posts, pillars, pilasters, lamp- irons, lamps, and other apparatus in and upon

B680 WATER SUPPLY. Metropolitan, &;e., Wa.ter'Supply, &;e., Aet. 9 GEO. V.No.IS, any road or land under the control of the Board or against any structure abutting on any road or any such land; (v.) Dig trenches and drains, and fix meters, mains, and pipes, and put stopcocks, syphons, plugs, or branches from such pipes in, under, across, and along any road or such land, and also, with the consent of the owners or occupiers thereof, in, under, across, and along any structure, premises, or land in such manner as the Board thinks necessary or proper; (vi.) Erect and fix any machine or other apparatus necessary for securing to any structure, pre- mises, or land a proper and sufficient supply of light or electric or hydraulic or other power, or for measuring and ascertaining the extent of .such supply; (vii.) Use light or electric or hydraulic or other power in or in connection with any works or lands the property of the Board or under its control; (viii.) Contract with any person for the supply of light or electric or hydraulic or 'other power to him or to any structure, premises, or land of which he is the owner or occupier, in such manner and under such stipulations as the Board thinks proper. (2.) Any authorised officer may, at all reasonable' times and as often as he thinks necessary- . (i.) Inspect and examine all appliances, apparatus, and works in or on any structure,premises, or land owned or occupieq by any person with whom the Board has contracted for the sale or suppty of light or electric or hydraulic or other power; (ii.) Repair, renew, and alter the same; (iii.) Take account of the amount of electricity or hydraulic or other power consumed or used under such contract; (iv.) Compare the amount so ascertained to be con- sumed or used with the terms of such contract, and regulate the supply in accordance there- with; and

WATER SUPPLY. 1918. Metropolitan, &c., Water Supply, &c., Act. (v.) Enter any such structure, premises, or land for any other purpose consistent with and-relating to such contract. Any such officer may inspect and examine a,t all reasonable times any appliances, apparatus, or works which have been made, erected, or set up by any person with whom the Board has so contracted. If such officer considers any such appliances, appa- ratus, or works to be incomplete or otherwise defective, the person who erected and put up the same shall not be entitled to call on the Board for the fulfilment of such contract until all such appliances, apparatus, and works .have been altered or removed, and other appliances, apparatus, and works have been substituted therefor, to the satisfaction of such officer. The provisions of this subsection shall be in addition to and not in derogation of any powers conferred on the Board by this Act or any other Act. . (3.) Any person who, without the permission in writing of the Board so to do- (i.) Lays or fixes any pipe or wire to communicate . with any pipe or wire belonging to the Board, and fixed for the pu.rposes aforesaid; or (ii. ) Uses burners or lamps of larger dimensions or in any other manner than such contract as aforesaid permits; or (iii. ) Supplies any other person with any part of the light or electric or hydraulic or other power supplied to him by the Board; shall be liable to a penalty not exceeding forty shillings for every day during which such pipe or~ire so remains, or such excess is committed, or such supply is furnished. (4.) If any person having contracted with the Board uses any light or electric or hydraulic or other power and refuses or neglects, for twenty-one days after demand made, to pay to the Board the sum of ~ oney then due under the contract, the President may, by warrant under his hand, direct an officer of the Board to levy such sum of money by distress and sale of the goods and chattels of the person so refusing or neglecting, rendering the surplus (if any) to such person after the necessary charges of making such distress and sale are first deducted. 8681

8682 WATER SUPPLY. Metropolitan, &c., Water Supply, &c., Act. 9 GEO. V. No. 18, The Board may also cut off and take away the supply 'of light or electric or hydraulic or other power from the premises of every person so refusing or neglect- ing, and thenceforth discontinue the supply. Amendment 18. In paragraph (a) of section one hundred and of s. 120. twenty of the Principal Act, the words "for a distance of two miles" .are repealed. 19. Section one hundred and twenty-three of the Principal Act is repealed and the following section is inserted in lieu thereof :- Interfering [123.] (1.) Any person who, except under the with works. authority of an Act or by the authority of the Board (the proof of which shall be upon him)-. (a) Takes up, removes, demolishes, or otherwise interferes with any works of the Board; or (b) Wilfully damages any work or thing the property of the Board, or does any act by which the water supply or sewerage or drain- age of the District or any part thereof may be obstructed or injured; or (c) Knowingly erects or places any structure or any obstruction, annoyance, or encroachment in, upon, over, or under any main, main pipe, sewer, or drain of the Board; or (d) Obstructs, fills in, or diverts any main, main pipe, sewer, or drain of the Board; shall be liable to a penalty not exceeding fifty pounds, and in addition toa daily penalty not exceeding five pounds for each day on which such offence is committed after notice by the Board. (2.) Nothing herein contained shall extend to prevent or impede the maintenance, repair, or renewal of any structure under which a main, main pipe, sewer, or drain has beE:;n constructed, but so nevertheless that the same does not injure or obstruct the main, main pipe, sewer, or drain. (3.) The Board may, at the expense of the offender, cause any structure erected in contravention of this section to be altered, pulled down, or otherwise dealt with as it thinks fit.

WATER SUPPLY. 8683 1918. MetropoZitan y &c., Water Supply, &c., Act. 20. After section one hundred and forty-five of the Principal Act, the following section is inserted :- [145.A..] (1.) The Board, by its authorised officers, Right of may, in the exercise of its jurisdiction under this Act entry to over the water in the District or in any water reserve l: : e~ : ; ence or catchment area under its control, or for the purpose with of preventm. g the ' ImprOper use or waste 0 f wat er, ent er watercourse. upon any land and take such measures as may be thought fit for the conservation and regulation of such water and for its preservation from pollution, and for the protection of the bed, banks, channels, and works over or within which it flows or is contained, and may interfere summarily to prevent the undue, excessive, or illegal use, diversion, pollution, or waste of such water or'interfer- ence with such bed, banks, channels, or works; and it shall not be necessary for the Board to obtain an injunc- tion or other order of a court to entitle it to make such entry or to take such measures. (2.) Any person who obstructs, impedes, or interferes Penalty. with any such officer in entering upon any land or in taking any measures for any of the' purposes aforesaid shall be liable to a penalty not exceeding fifty pounds or to imprisonment for any period not exceeding three months. (3.) The Boa-rd shall be entitled to institute and Bot~t d t mai~tain, by any authorised officer, any proceeding in ~ : s; it~ t~ 0 a~ y court of justice, whether such proceeding is for any proeeedmgs. civil remedy or for the recovery or enforcement of any penalty, agai:qst any person or corporation for illegally diverting, taking, or polluting the water in the District or in any water reserve or catchment area under its con- trol, or for unlawfully interfering with the bed, banks, or channels of any river, stream, or watercourse, or any works of the Board. (4.) In such proceedings it shall not be necessary for the Board to show that the Board or any person has sustained damage by such diversion, taking, pollution, use, wasting, or interference, nor that the Board is a riparian owner or otherwise entitled to the use or to the protection of the river, stream, watercourse, works, or water in question. (5.) But the Board shall be entitled to judgment in its favour if it is proved that the water has been illegally Q

8684 WATER SUPPLY. Metropolitan, &0., Water Supply, &c., Act. 9 GEO. V. No. 18, diverted or taken or polluted or improperly used or wasted, or that the bed, banks, channels, or works have been unlawfully interfered with. (6.) And the Board shall in the discretion of the court be entitled to the costs and expenses of the pro- ceedings against the defendant. Competition 31. Nothing in this Act or the Principal Act con- :t: !1~ ~t' ;: l tained shall empower or be construed to empower the Board to compete with a Local Authority or an Electric Authority which has been duly authorised to supply electricity. n. Amendment. 22. Schedule of the Principal Act is amended as f Seh n. follows:- (i.) In paragraph (i.) of subsection four the words "ratepayers entitled to. vote" are repealed, and the words "ratepayers of the division of the District for which the election is being held" are inserted in lieu thereof. In the form in the said paragraph the word "ratepayer" is repealed, and the words "ratepayers of the Brisbane [or South Brisbane or, Suburban Brisbane or Ipswich] division of the Metropolitan and. Ipswich Water Supply and Sewerage District" are inserted in lieu thereof; also after the word "Board" the words "for the said division" are insertea.. In the form in paragraph (iv.) of subsection four, after the '\Vord "Metropolita.n" the words "and Ipswich" are inserted. (ii.) In paragraph (iii.) of subsection six the words "a ratepayer"· are repealed, and the words "a ratepayer for .the division for which a' candidate is being nominated" are inserted in lieu thereof. (iii.) In paragraph (i.) of subsection sixteen, after the words" voter's' roll" the words "for the proper division of the District" are inserted. Amendment 23. Schedule IV. of the Principal Act is amended of Seh. IV. as follows :_ (i.) In subsection eight, after the word" works," the words "and other works" are inserted;

WATER SUPPLY. 8685 1918. Metropolitan,. &;c., Water Supply, &;c., Act. (ii.) In subsection nine, after the word" works," the words "and other works" are inserted. In subsection twenty-four, after the word" condi- tions," the words" (including guarantees and securities for payment)" are inserted. The following provisions are added to the said sub- section:- In snch cases- (a) Fixing a scale of charges for water supplied by measure and a minimum charge to be paid as a water rate for su<~ h water in all cases where water is so supplied, and varying and altering the same; (b) Determining the tim? at which any charges for water are to be payable, whether in advance or otherwise; (c) Determining the quantity, time, order, and manner of delivery of water. Such by-laws may be applicable gene~ally or to any particular cases or circumstances. After subsection forty-one the following subsections are inserted :- [41A.J Regulating and controlling the exercise of rights for the Riparian purpose of securing the transmission of water in part or wholly owners. supplied frc·m any ~orks of the Board to owners or occupiers of land adjoiniJ gthe banks of any river, stream. or watercourse who may have purch!1.sed or who may herea,fter purchase water from such works, and to all other purchasers d water frllm fluch works, without any diversion or interference by any inkrmdiate owner or occupier of lands adj0ining such banks: Prcvided that. such by-laws shall b.' so fmmed as to preserve the right>! d such interm?diate owners or occupiers to so much water as they wou:d have been entitled to but for tht· existence of the works of the Board. [41B.] The supply and di.tribution of light or electric or hydraulic Electricity, or other power and the making, levyLig, and collection of charges there- &c. for by consumers in cases where the works have been constructed and I1.re under the m~ ,nagement and control of the Board. 24. In the formA in the Fifth Schedule of the Amendment P tl · nC . lpa 1 A c t , a f ter t h e Wor d " M etropo l J O an t" w h erever I ·t o S f ch fo e r d m u q leiV n . occurs, the words" and Ipswich" are inserted. 25. The Schedules hereunder set forth shall he New Schs. imerted in the Principal Act a'3 the Sixth and Seventh VI. and VII. Schedules thereof.

8686 WATER SUPPLY. Metropolitan, &c., Water, &c., Act. 9 Giro. V. No. 18, 1918. SCHEDULE VI. *METROPOLITAN AND IPSWICH WATER SUPPLY AND SEWERAGE . DrSTRIOT. Commencing on the shore of Moreton Bay at the mouth of the Pine River, and bounded thence by the northern and western boundaries of the Nundah and Rosewood Electoral Districts westerly and southerly to the north-western corner of the parish of North, by the Brisbane River downwards to the western corner of portion 175 parish of North, by the south-western boundary of that portion, by the western and southern boundaries of portion 211, by the western boundary of portion 214, by the northern boundary of portion 201, by the western boundaries· of portions 201 and 192, by the south-western and western boundaries of the Ipswich Electoral Divi- sion of the Rosewood Electoral Di'3trict, by the western ap.d southern boundaries of the Ipswich Electoral Division of the Fassiferr. Electoral District, by the southern and eastern boundaries of the Oxley Electoral District and ot the Coorparoo Electora.l Division of the Logan Electoral District, by the eastern boundary of the Wynnum Electora.l Division of the Bulimba Electoral District to the western shore of Moreton Bay, and thence by that shore north· westerly to the point of commencement. * Owing to the result of the poll, the JpEwich Water Area is excluded; Bell section 1, 8upra.