Metropolitan Water and Sewerage Act 1904 (WA)

WESTERN AUSTRALIA.

ANN() TERTIO

EDWARDI SEPTIMI REGIS,

XXIX.

**** **************** **************S..****************

No. 14 of 1904.

AN ACT to constitute the Metropolitan Water and Sewerage Area; to establish the Metropolitan Board of Water Supply and Sewerage ; to define the Powers and Duties of the Board; and for other purposes incidental thereto.

[Assented to 16th January, 1904:]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by and

with the advice and consent of the Legislative Council Parliament assembled, and by the authority of the same, as follows :—

PART I.—PRELIM IN A RY.

Sewerage Act, 1904, and shall come into operation on a day to be commencement. 1. THIS Act may be cited as the Metropolitan Water and short title and

fixed by proclamation.

1904, No. 14.1 Metropolitan Water and Sewerage. [3 EDW. VII.

Division. 2. THIS Act is divided into Parts as follows:

PART	I.—PRELIMINARY, SS. 1-5.
PART	11.—THE AREA AND DISTRICTS, SS. 6-7.

PART III.—ADMINISTRATION, SS. 8-30—

(i .) The Board, ss. 8-24 ;

(2.) Officers of the Board, ss. 25-30.

PART IV.—WATER RESERVES, ss. 31-36.

PART V.—THE CONSTRUCTION AND MAINTENANCE OF

WORKS, ss. 37-55.

PART VI.—WATER SUPPLY, SS. 56-77-

(1.) The Supply and Distribution of

Water, 56-66;

(2.) The Protection of Works and the

Prevention of Waste, 67-77.

PART VII.--DRAINAGE, Ss. 78-91.

PART VIII.—RATES AND SALE OF WATER, SS. 92-129-

(1.) Rate Books, 92-104 ;

(2.) Appeals, 105-109 ;

(3.) The making of Rates, 110-115;

(4.) Payment of Rates and for Water,

116-129.

PART IX.—FINANCE, ss. 130-146.

PART X.—ACCOUNTS AND AUDIT, SS. 147-157-

(1.) Books of Account and Inspection,

147-150;

(2.) Special Audit, 151-155;

(3.) Powers of Special Auditors, 156 ;

(4.) Examination by Auditor General,

157.

PART XI.—BY-LAWS, ss. 158-160.

PART XII.—GENERAL PROVISIONS, ss. 161-179.

Repeal. 3. THE Acts mentioned in the First Schedule are hereby

repealed:

But such repeal shall not affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any such Act, or any act, deed, matter, or thing lawfully done thereunder ;

Ana, notwithstanding such repeal :

All proceedings and things lawfully had or done by the proper

authority under or in pursuance of any of the said Acts shall be and continue of the same force and effect, to all intents and purposes, as if no repeal had taken place.

3 EDW. VII.] Metropolitan Water and Sewerage. [1904, No. 14.

All by-laws lawfully made under any of the said Acts, and in force at the commencement of this Act. within the Area or any part thereof, shall continue in force and be deemed to have been made under this Act.

All rate books and lists of ratepayers made under any of the said Acts, and in force at the commencement of this Act, shall be deemed to have been made under this Act, and this Act shall apply to the same accordingly.

All rates and other moneys which, at the commencement of this Act, are due and payable, or accruing due under any of the said Acts, shall be and become due and payable to, and shall be received and may be recovered by the Board constituted under this Act.

All penalties and forfeitures imposed under any of the said Acts, and incurred before the commencement of this Act, may be enforced by the Board constituted under this Act.

All rights, liabilities, contracts, and engagements of any authority constituted under any of the said Acts, and existing at the commencement of this Act, shall be vested in and shall attach to and may be enforced by or against the Board constituted by this Act.

All actions and proceedings pending at the commencement of this Act by or against any authority constituted under any repealed Act may be carried on and prosecuted by or against the Board con- stituted by this Act.

All books and documents made evidence under any of the said Acts shall continue evidence to the same extent as if this Act had not been passed.

Except so far as there is anything in this Act inconsistent therewith, this Act shall apply to all matters and things made, clone, or commenced under any of the said repealed Acts, as if this Act had been in force at the time, and the Board had been duly constituted thereunder.

4. IN this Act, unless the context otherwise indicates, the Interpretation.

following terms have the meanings set against them respectively,

that is to say :—

" Authorised," means authorised by the Board ;

" By-laws "—By-laws made by the Board under the authority

of this Act ;

" Chairman "—The chairman of the Board, and includes acting

chairman ; " District "—.A water district or sewerage district constituted

under this Act ;

" Fittings "—A pipe, meter, or other apparatus used for or in

connection with the supply of water ; and cocks, valves,

cisterns, water pipes, traps, syphons, manholes, ventilators,

1904, No. 14.1 Metropolitan Water and Sewerage. [3 Enw. VIL

and other apparatus connected with and requisite to secure

the safe and proper working of any sewer or drain ;

" Land "—Messuages, lands, tenements, and hereditaments of any tenure, and the houses, buildings, and structures thereon ;

" Local Authority "—The Council of a Municipality or the Board of a Road District ;

" Minister "—The Minister of the Crown charged for the time being with the administration of this Act ;

" Occupier "--The person in actual occupation of land, or if there is no person in actual occupation, the person entitled to possession of the land ;

" Owner "—The person other than His Majesty who for the time being is entitled to receive the rent of land, whether on his own account or as trustee, attorney, or agent for any other person, or who would be entitled to receive the rent if the land were let at a rent ;

Pipe "—A main, main-pipe, pipe, stop-cock, water-cock, syphon, plug, branch, or other apparatus used for or in connection with the supply of water ;

Prescribed "—Prescribed by this Act or by-laws made

under it ;

Rateable land"—All land, with the exception of the following :—Land belonging to the Crown and not used or occupied otherwise than for public purposes ; land vested in or in the occupation or under the control of a local authority, and not in the use or occupation of any private person ; land used exclusively for religious or charitable purposes ; land used exclusively as a public hospital, benevolent asylum, orphanage, public school, public library, miners' or mechanics' institute ; public reserves, and cemeteries ; land belonging to any religious body, and occupied only as a convent, nunnery, or monastery, or by a religious brotherhood or sisterhood, or as a place of residence of a minister of religion ;

" Ratepayer "—A person named in the books of a Board as a

person liable to pay rates ;

" Reservoir "—A reservoir, dam, tank, cistern, or well ;

" Sewer "—Any sewer or drain of any kind whereby any

refuse or water shall be carried off ;

" Stream "—A river, creek, brook, spring, aqueduct, conduit,

tunnel, sluice, or other running water ;

" Street "—A road, street, lane, thoroughfare, or other public highway, or a public passage or place, or a public wharf, jetty, or bridge ;

3 En w. VII.] Metropolitan Water and Sewerage. F1904, No. 14. "The Board "—The Metropolitan Board of Water Supply and

Sewerage ;

" Watercourse "—The bed of a river, creek, or other channel in which water flows either ordinarily, intermittently, or occasionally ;

" Waterworks "—Any reservoir, well, bore, tank, aqueduct, tunnel, building, engine, pipe, or other work constructed or erected before the passing of this Act, or by this Act authorised to be constructed or erected, with the appur- tenances.

5.      ON the commencement of this Act and the appointment of Metropolitan Water

Works Board to

the Board— cease to exist.

( .) The Metropolitan Water Works Board shall cease to exist ;

and (2.) The waterworks described in the Second Schedule shall,	works vested in
Existing water-

by force of this Act, without any conveyance, transfer,

Board.

or assignment, be transferred to and vested in the Board,

subject to the debts and liabilities affecting the same.

PART II.—THE AREA AND DISTRICTS.

THE area defined in the Third Schedule is hereby constituted a water and sewerage area for the purposes of this	Constitution of
Area.
Act, by the name of the Metropolitan Water and Sewerage Area.

6.

7. THE	Governor may, from time to time, by Order-in-	Power to alter
boundaries and

Council define districts.

(I.)	Alter or extend the boundaries of the Area.
(2.)	Divide the Area into water districts and sewerage districts and define, alter, or extend the boundaries of districts.

PART III.—ADMINISTRATION.

(I.) The Board.

8.      THE Governor may from time to time appoint three persons The Board.

who shall constitute a Board by the name of the Metropolitan Board of Water Supply and Sewerage, and shall be the authority empowered to carry this Act into execution.

9.     THE Board shall be a body corporate with perpetual Incorpor 0

succession, a common seal, and power to acquire, purchase, hold, and

enjoy real and personal property of every kind.

10.      JUDICIAL notice shall be taken of the incorporation and Seal.

common seal of the Board, and of the signature of the chairman,

1904, No. l4.] Metropolitan Water and Sewerage. [3 En w. VII.

and every deed, instrument, or writing, when sealed or signed, shall be admissible in evidence on the mere production thereof, without any other or further proof of the making of such deed, instrument, or writing.

ONE of the members of the Board shall be appointed by the Governor as chairman.

Chairman. 11.

Acting chairman. 12.

IN the case of the illness or absence of the chairman, the Governor may temporarily appoint a member of the Board acting chairman, who, while so acting, shall have the powers and may perform the duties of the chairman.

THE chairman shall hold office for the term of three years, and the other members of the Board shall hold office for the term of one year, from the date of their respective appointments, and every member shall, at the expiration of his term of office, be eligible for reappointment.

Term of office. 13.

Remuneration of 14.

EACH member of the Board, except the chairman, shall receive a fee of three guineas for every ordinary meeting of the Board at which he attends, but not exceeding the sum of two hundred pounds in any year.

members.

Salary of chairman. 15. THE chairman shall receive such salary as the Governor

may determine, not exceeding seven hundred and fifty pounds a year

Removal from

office. 16. THE Governor may remove a member of the Board from

his office

( I .) For misbehaviour or incompetence ; or

(2.) If he becomes bankrupt, or applies to take the benefit of

any Act for the relief of bankrupt or insolvent debtors ; or

(3.) If he absents himself from three consecutive meetings of

the Board (except on leave granted by the 'Minister), or

becomes incapable of performing his duties ; or

(4.) If he becomes concerned or interested in any contract made by or on behalf of the Board, or participates or • claims to be entitled to participate in the profits thereof, or in any benefit or emolument arising therefrom:

But this subsection. shall not extend to an interest as a shareholder in an incorporated company of at least twenty members ; or

(5.) If, being the chairman, he engages in any employment out- side the duties of his office, or absents himself from duty for a period of fourteen consecutive days. except on leave granted by the Governor ; or

(6.) For any other cause the Governor may deem sufficient.

3 EDW. VII.] Metropolitan Water and Sewerage. [1904, No. 14.

The Minister shall cause to be laid before Parliament a full statement of the grounds of removal within seven days after such removal, if Parliament is sitting, and, when Parliament is not sitting, within seven days after the next sitting.

17.

IN the case of illness or absence of any member of the Board, the Governor may appoint some person to act as the	Deputy members of
Board.
deputy of such member during such illness or absence, and until such appointment is terminated by notice in the Government
Gazette. Every person so appointed shall, while so acting, have all
the powers and perform all the duties of a member of the Board.

office of a member of the Board, the Governor may appoint a person vacancies. 18. ON the occurrence of any extraordinary vacancy in the Extraordinary

to the vacant office, whose term of office shall be for his predecessor's

unexpired term of office.

NO act or proceeding of the Board shall be invalidated or prejudiced by reason only of the fact that at the time when such

Acts of Board not

invalidated by

vacancy.

proceeding or act was taken, done, or commenced, there was a

vacancy in the office of any member of the Board.

19.

FOR the conduct of business, any two members of the Board shall be a quorum, and shall have all the powers and authorities vested in the Board. Quorum.

20.

IF, at any meeting at which two members of the Board only are present, such members shall be equally divided in opinion, the determination of the matter in difference shall be postponed until all the members of the Board are present.	difference of opinion.
Procedure on

21.

THE Board may enter into contracts for the purposes of

this Act, and every such contract may be made, varied, or discharged

as follows, that is to say

into contracts.

Method of entering

22.

Any contract which, if made between private persons, would by law be required to be in writing and under seal may be made in writing and under the common seal of the Board, and may be varied or discharged in the same manner.

(2.) Any contract which, if made between private persons, would by law be required to be in writing may be made in writing, signed by the chairman, acting by the direction and on behalf of the Board, and may be varied or discharged in the same manner.

(3.) Any contract which, if made between private persons, would be by law valid, although not reduced into writing, may be made without writing by the chairman, acting by the direction and on behalf of the Board, and may be varied and discharged in the same manner.

1904, No. 14.] Metropolitan Water and Sewerage. F3 Enw. VII.

Minutes of proceed- 23. THE Board shall keep minutes of their proceedings in such

ings.

manner and form as the Governor shall direct.

Annual report. 24.

THE Board shall make an annual report to the Minister of

their proceedings, and such report shall be laid before both Houses

of Parliament.

(2.) Officers of the Board.

THE Board shall from time to time appoint such officers and servants as may be necessary for the execution of this Act, and may pay such salaries and allowances as to the Board may seem fit, and may dismiss any such officer or servant.

Appointment of

officers and ser- 25.

vants.

Certain officers to 26.

BEFORE any officer or servant, entrusted with the custody of money or other property, shall enter upon the duties of his office, the Board shall take from him sufficient security for the faithful execution thereof.

give security.

Chairman may sus-

pend officers.	THE chairman may suspend from office any officer or servant of the Board who, in his opinion, is guilty of misconduct or neglect, and may, if necessary, temporarily appoint another person in his place. The chairman shall report the matter to the Board, and if the officer or servant suspended is dismissed by the Board, no salary or wages shall be due or paid to him from the date of his suspension.
Every officer or servant so temporarily appointed shall hold office and receive remuneration (which shall in no case exceed that paid to the officer or servant suspended) only until the Board decide whether the person suspended shall be reinstated, or whether he shall be dismissed.

EVERY officer or servant employed by the Board who exacts or accepts, on account of anything done by virtue of his office, or in relation to any matters to be done under this Act, any fee or reward, other than the salary or allowance by way of salary allowed by the Board, or who is in anywise concerned or interested in any bargain or contract made by the Board, shall be liable to a penalty not exceeding one hundred pounds.

Officers exacting or 28.

accepting fees.

Officers failing to IF an officer or servant of the Board fails, when

render accounts or 29.

to pay balance and	required by the Board so to do
deliver up prop-

erty of Board.

(i.) To render accounts of any money received by him for or

on behalf of the Board, and of his dealings with them ; or

(2.) To produce and deliver up the vouchers and receipts relating to the money in his possession or power ; or

(3.) To pay the balance of the money when so required ; or

8 EDW. VH.1 Metropolitan Water and Sewerage. [1904, No. 14. (4.) To deliver up to the Board or to any person appointed by them to receive the same, within five days after being so required, all papers and writings, property, matters, and things in his possession or power, relating to the execution of this Act or belonging to the Board,

any two Justices of the Peace may hear and determine the matter in a summary way, and may order the officer to render such accounts, or to deliver up such vouchers and receipts, or to pay over the balance owing by him, or to deliver up all such pipers, writings, property, matters, and things ; and if such officer neglects or refuses to obey such order, he may by any Justice of the Peace be committed to prison for any period not exceeding six months.

30. SUCH proceedings against an officer may be had and taken Proceedings after office r as ceased to

and enforced against him after he has ceased to hold his office : And hold offihce.

no such proceedings against an officer shall deprive the Board of

any remedy which they might otherwise have against a surety of that

officer.

PART V.—WATER -RESERVES.

THE Governor may from time to time, by Order-in-Council, constitute and define the boundaries of any water reserve or catch-

be placed under con-

Water reserves may

trol of Board.

ment area for the purposes of this Act, and place any such-reserve or

catchment area under the management and control of the Board.

31.

TIIE Hoard may divert, intercept, and store all water coming from the streams, watercourses, and other sources within any such	intercept, and store
Power to divert,
water.
reserve or catchment area, and alter the course of any stream or watercourse, and may take any water found on or under such land.

32.

33.    (r.) THE Board may take any alienated land within a Power to take land.

catchment area under the provisions of the Public Works Act, 1902.

(2.) Compensation shall be paid by the Board to any person for any actual damage sustained by him by the exercise of the powers conferred by this Part ; and every claim for compensation, unless settled by mrreement, shall be made and determined in the manner Compensation.

prescribed by the last-mentioned Act. b

34. ANY person who, without the authori • y of the Board, Penalty for divert- in water.

diverts water from any stream, watercourse, or source of supply within any water reserve or catchment area, or does any act whereby such stream may be diverted or diminished in quantity or injured in quality or purity shall be liable to a penalty not exceeding five pounds for every day during which such supply or water shall be diverted or diminished by any act clone by or by the authority of such person.

1904, No. 14.] Metropolitan Water and Sewerage. [3 EDW. VII.

Board may exercise 35.

FOR preventing the pollution of water within a water reserve or catchment area, the Board shall have all the powers and authority of a Local Board of Health, including the power to make and enforce by-laws under any Act relating to public health.

powers of Local

Board of Health.

All the provisions of the Health Act, 1898, and of all Acts amending the same or incorporated therewith, shall apply to every water reserve and catchment area as if the same were the district of a Local Board of Health.

Artesian bores not

AFTER the commencement of this Act it shall be unlawful existing artesian bore, within the Area without the authority of the Governor, and the Supreme Court may, at the suit of the Board, restrain any person by injunction from so doing.

to be sunk without 36.

approval of	for any person to sink an artesian bore, or increase the depth of any
Governor.

PART V.—THE CONSTRUCTION AND MAINTENANCE OF WORKS.

Works may be

THE Minister for Works may, before or after the con- stitution of the Board, exercise all or any of the powers conferred by this Act on the Board in and for the construction of waterworks or sewerage works within the Area or any district thereof.

constructed by 37.

Minister.

Board to be advised	38. (	BEFORE authorising any expenditure in the con-
of the Minister's

intention tostruction of such works the Minister. for Works shall cause the

construet works. Board to be advised of his intention, and of the estimated cost of the

works, and shall give the Board such other information and par-

ticulars as he may deem necessary.

(2.) The Board, upon receipt of such notice, shall report

upon the matter, and make such recommendations to the Minister

as the circumstances may require.

(3.) The Minister shall, after consideration of such recom- mendations, decide thereon, and his decision shall be final.

ferrea to Board on completion thereof, be repaid to the Minister by the Board, andpayment of cost. Works to be trans- 39. ANY moneys expended on such works shall, on the

thereupon the works shall be transferred to the Board.

Board may con- 40. SUBJECT to the provisions of this Act, the Board shall

struct works. have power to maintain, alter, and repair, and, with the approval of the Governor, to construct and extend waterworks and sewerage works, and for such purposes may exercise the powers and shall be subject to the liabilities of a local authority under the Public Works Act, 1902.

Preliminaries to

41. THE Board shall, before undertaking the construction of

(I.) Cause to be prepared plans, sections, specifications, books

of reference, and an estimate of-the cost of the proposed

construction. such works, do the following acts and things, that is to say :—

3 EDW. VII.] Metropolitan Water and Sewerage. [1904, No. 14.

works, together with a statement showing the net earnings estimated to be derived from them, and a statement showing the value of the rateable property to to be benefited by them, and cause the same, or certified copies thereof, to be deposited in the office of the Minister, and also in the office of the Board.

(2.) Cause an advertisement to be published in the Government Gazette, and in one or more newspapers generally

circulating in the Area, specifying :-

(a.) A description of the proposed works ;

(b.) The localities at which they will be constructed ;

(e.) The purposes for which they are to be constructed,

and the parts of the Area which are intended to

be supplied with water or drained ;

(d.) The times when, and places at which the plans, sections, specifications and books of reference may be inspected.

THE plans, sections, specifications, books of reference, and interested at all reasonable times.	Plans, etc., open to
inspection.

42. estimates so deposited shall be open to inspection by any person

43. reference, and estimates in the office of the Minister, the Minister	ON the deposit of the plans, sections, specifications, books of	plans, etc., to be
Minister may cause
examined.

may cause them to be examined and reported on by an engineer.

44. ANY local authority or person interested may object in Objections.

writing to the construction of the whole or any part of the proposed

works.

Every such objection shall be lodged with the Minister within one month from the date of the publication of the advertisement hereinbefore prescribed.

45. the Minister is satisfied	IF, at the expiration of one month after such publication, ( I .) That the provisions of this Act have been complied with; (2.) That the revenue estimated to be derived from the	Governor may
authorise construc-
tion of works.
proposed works is sufficient to justify the undertaking ; (3.) That the works if carried out in the manner designed will

be for the public benefit ; and

(4.) That the objections, if any, lodged are not sufficient to require the approval of the Governor to be withheld from the proposed scheme,

he shall submit the plans, sections, books of reference, and estimates to the Governor for approval ; and, if they are approved, the Governor

1904, No. 14.] Metropolitan Water and Sewerage. [3 EDW. VII.

may forthwith make an Order empowering the Board to undertake the construction of the works, and such Order shall be notified in the

Government Gazette.

Powers of Board. 46. FOR the construction, extension, maintenance, repair,

alteration, or improvement of any works the Board may

Enter upon any land and make surveys and take levels of the same, and set out such parts thereof as they may think fit, and may dig or break up the soil of such land, and trench and fence in the same, and remove or use any earth, stones, trees, and other things taken therefrom ;

Enter upon, take, and acquire such lands as they may from time to time deem necessary, under and subject to the provisions of the Public Works Act, 1902 ;

(3.) Sink or acquire wells, bores, or shafts, erect buildings,

pumping stations and pumping machinery, and make,

maintain , alter, or discontinue reservoirs, drains, culverts, aqueducts, flumes, or other waterworks, upon the lands authorised to be taken ;

(4•) Construct and maintain under any street, and through, across, or under any land, aqueducts, flumes, pipes, or other works necessary for conveying water ;

(5.) Construct and maintain sewers or drains under any street,

and through, across, or under any land ;

(6.) Open and break up the soil of any street or land, and excavate and sink trenches for the purpose of laying down, making, and constructing pipes, sewers, and drains therein.

(7,) Cause any sewers to discharge upon such land as may be acquired by the Board for that purpose, or to com- municate with the sea or any arm thereof, or with any river or water-course, either within or without the limits of a district.

(8.) Open, cleanse, and repair such pipes, sewers, and drains,

or alter the position or construction thereof.

(9.) Make any sewers or drains from any main sewer of the Board laid in any street, into any dwelling-house, public or private building, or other premises for the purpose of cleansing and draining any such house, building, or premises by means of such sewers or drains.

( o.) Do all such other acts, matters, and things as they may from time to time deem proper for making, repairing, completing, or improving any such waterworks sewers and drains or other works to be made, done,' and provided for the purposes of this Act :

3 EDW. VII.] Metropolitan Water and Sewerage. [1904, No. 14.

Provided that in the exercise of the powers conferred by this Act, the Board shall do as little damage as may be, and shall make to every person interested compensation for any damage actually sustained by him through the exercise of those powers, and such compensation, if not agreed upon between the parties, shall be made in the manner provided in the Public Works Act, 1902 :

Provided, also, that nothing herein contained shall authorise the Board to make or use any sewer, drain, or ()tidall for the purpose of conveying any sewage or filthy water into any river, natural stream, water-course, lake, or pond until such sewage or filthy water is freed from all excrementitious or other foul or noxious matter as would affect or deteriorate the purity and quality of the water in such river, stream, water-course, lake, or pond.

47, BEFORE the Board open or break up the soil of any Notices to be served

street, they shall give to the local authority notice, in writing, of ou Local Authority before breaking up

shall be given as soon as conveniently may be after beginning the work, or after the necessity for it has arisen.

their intention not less than forty-eight hours before beginning the streets.

work, except in cases of emergency, which, in the opinion of the

48. WHENEVER a notice is required to be given, a street

Street not to be

broken up except

shall not, except in cases of emergency, be opened or broken up	under superinten-
except under the superintendence of the local authority having	dence of local
control thereof :	authority.
Provided that if an officer of the local authority, after such notice, fails to attend at the time fixed for the opening or breaking up of the street, or if the local authority or its officer refuses or neglects to superintend the work, the Board may perform the work specified in the notice without such superintendence.

49. WHEN the Board open or break up the soil or pavement Streets broken up to be reinstated

of a street, they shall— without delay.

(1.) With all convenient speed complete the work for which it is broken up, and fill in the ground, and reinstate and make good the street or pavement so opened or broken up ; and

(2.) While any such street or pavement continues to be opened or broken up, cause it to be fenced or guarded, and a sufficient light to be kept there at night.

50. (1.) EVERY local authority shall, when requested by the Local authorities to give particulars as

Board, give particulars of any ascertained levels of any street in to levels. which it is proposed to lay any pipe, sewer, or drain.

1904, No. 14.] Metropolitan Water and Sewerage. [3 Enw. VII.

(2.) The local authority shall give to the Board at least forty- eight hours' notice, in writing, of its intention to alter the level of any street in which any pipe, sewer, or drain is laid down.

Thereupon the Board may lower any pipe, sewer, or drain, and may raise or lower the fittings thereof, and the cost of so doing shall be a debt due by the local authority to the Board.

Any local authority failing to give the notice required by this subsection shall be liable to a penalty not exceeding fifty pounds.

IF the Board at any time deem it necessary to raise, sink, or otherwise alter the situation of any tram rails, gas pipes, or gas works, hydraulic steam or other pipes, electric or telephonic lines, pneumatic pipes or tubes, or other works laid in or under any street, they may, by notice in writing, require the person to whom the works belong to raise, sink, or otherwise alter the situation of the same in such manner and within such reasonable time as shall be specified in such notice, and the expense attendant upon or connected with any such alterations shall be paid by the Board, and if such notice shall not be complied with the Board may make the alterations required.

Gas pipes, etc., to be 51.

altered when neces-

sary.

THE Board may open the ground and change the level of or otherwise amend or enlarge any sewer lying under any public or private street or place within the district for better communicating with the main sewers :

Altering sewers. 52.

Provided that no person shall, by means of any such alteration, amendment, or enlargement, be deprived of the use and enjoyment of any private sewer or drain which he shall be entitled to use ; but the Board shall, at their own costs and charges, so construct and alter any such private sewer or drain as to render the same as effectual for the purposes for which it was intended as any such sewer or drain may be at the time of such alteration.

Board to keep 53.

THE Board shall cause all sewers and drains which shall at any time be vested in them to be constructed, covered, and kept so as not to be a nuisance or injurious to health, and to be properly cleared, cleansed, flushed, and emptied, and for the purpose of such clearing, cleansing, flushing, and emptying the Board may construct or place, either above or underground, such reservoirs, sluices, engines and fittings as they may think necessary, and may cause all or any of such sewers and drains to communicate with and be emptied into such places as they may think proper, and may cause the sewage and refuse therefrom to be collected for sale, or for any purpose whatsoever, but not so as to create a nuisance.

sewers cleansed.

As to ventilators,

(t.) THE Board may cause any ventilating shaft, pipe, or tube for any sewer or drain to be attached to any wall of any building within any sewerage district; but the mouth of every such shaft, pipe,

etc. 54.

:3 EDW. VIE] Metropolitan Water and Sewerage. [1904, No. 14.

or tube shall be at least six feet higher than the highest point of the roof of such building, and be distant in a horizontal direction not less than fifteen feet from any door or window of the same or any other building.

(2.) The Board shall defray all expenses in the exercise of the powers conferred by this section, and in the exercise of such powers shall do as little damage as possible, and shall make com- pensation to all persons interested for any actual damage sustained by them by reason of the exercise of such powers.

55.     ON the constitution of any district the Board shall Maps of water and

cause to be made a map thereof, on such scale and with such sewerage districts.

indications of levels and particulars of mains, sewers, and other works as the Hoard may think expedient, and shall cause such map

to be from time to time revised, and such additions made thereto as

may show the new mains, sewers, drains, and works, and the date of every revision shall be expressed therein. Every such map shall be kept in the office of the Board, and the same or a copy thereof shall be open, at all reasonable times, to the inspection of the owner or occupier of any land within the district.

PART VP—WATER SUPPLY.

.) The Supply and Distribution of Water.

56.      THE owner or occupier of land rated under this Act shall, Supply to rated

as far as practicable, and subject to the provisions of this Act, be land'

supplied by the Board with the quantity of water for domestic

purposes to which he is entitled in respect of the rates, and. on pay-

ment of the prescribed charge, with such further quantity as he may

take for domestic and other purposes by measure.

57.       ON receiving from the owner or occupier of any land rated Request for supply

under this Act a written request for a supply of water, the Board to rated land.

shall provide, lay down to the boundary of the land, and fix the com-

munication pipe and fittings necessary for complying with such

request.

58.      THE owner or occupier of land not rated under this Act Supply to land not

may, in writing, request the Board to supply water.	rated,
In such case the Board may, if they think fit, comply with the request, and, on such terms as may be agreed upon, provide, lay down, and fix all necessary pipes and fittings for supplying water to such land.

59.      THE Board may cause a meter to be attached to any pipe The Board may

supply meter and

on any land supplied with water under this Act. charge by measure.

1904, No. 14.] Metropolitan Water and Sewerage. [3 EDW. VII

When a meter is so attached, the owner or occupier shall not receive a supply of water except by means of the meter, unless the Board consent to its removal, or to a supply of water to a part of the land otherwise than by means of the meter.

The Board may charge the prescribed rent for the use of the meter, and the cost of fixing, removing, or replacing it and its fittings whenever in the opinion of the Board necessary.

Record of meter to WHENEVER a meter is used —

be prima facie evi- 60.

dence of water sup- The quantity of water shown by the index or register

plied.	( I .)	shall be taken prima facie to be the quantity of water which has actually passed through the meter and has been supplied; and
A certificate purporting to be signed by an officer of the Board stating the quantity so shown shall, in any proceeding in which the quantity of water is in question, be prima pcie evidence of the quantity of water sup- plied.
off from unoccupied

Water may be cut 61. THE Board may turn or cut off the water supply—

premises. (I .) If the land to which water is supplied is unoccupied ; or (2 ) When any rates or moneys due for water supplied, or

agreed to be supplied, or any rent or charges for any meter or other fittings remain unpaid for seven days after they become due ; or

If the occupier refuses to permit a meter to be attached

to any pipe on his land ; or

If the occupier commits or permits any breach of any of

the provisions of this Act or the by-laws thereunder.

Turning or cutting off the water shall be a cumulative remedy for enforcing payment of water rates or other moneys due, and shall not relieve the owner or occupier from liability in respect thereof.

Provision for sup- THE Board may supply a group of dwelling-houses by means of a stand-pipe or other prescribed fittings, and the Board shall be entitled to receive and recover water rates from the owners thereof in the same manner as if the supply had been distributed in each of the dwelling-houses in the ordinary manner.

plying groups of	62.
houses.
Supply to persons
outside Area.	63.

THE owner or occupier of land not situated within the Area may request the Board to supply water to such land.

In such case the Board may, with the approval of the Minister, comply with such request on such terms as they may think fit, and. if they comply, may construct all necessary works for supplying water to such land:

3 EDW. VII.] Metropolitan Water and Sewerage [1904, No. 14.

Provided that any land to which the Board supply water under this section, and the owner or occupier of such land, shall thence- forth be subject to the provisions of this Act, as modified by such terms as aforesaid, in the same manner as if such land were situated within the Area:

Provided further that the nature, size, and description of the works, pipes, and fittings for supplying the laud with water shall be entirely in the discretion of the Board.

64.      THE Board shall fix upon the main or other pipes within Fire plugs.

the Area, at the request and at the expense of any local authority,

fire plugs for the supply of water for extinguishing fire.

65. THE Board shall, at the expense of the local authority, Repair of fire plugs.

keep such fire plugs in effective order, and shall deposit the keys

thereof at such stations as may be directed by the local authority.

66.      IT shall not be compulsory on the Board to supply or Supply of water not

continue to supply water to any person, and the Board shall not be "minilsory.

liable to any penalty or damages for not supplying or continuing to

supply water.

(2.) 'Ike Protection of Works and Prevention of Waste.

keep the service or communication pipe and all prescribed fittings fittings in repair. 67. EVERY person supplied with water under this Act shall Duty to keep

within or attached to his land in good repair, so as to effectually

prevent the water from running to waste.

68. NO person shall— Fittings not to be connected or diseon-

.) Connect a meter, pipe, or other fitting through which /meted without

water is or is intended to be supplied; or notice.

(2.) Disconnect a meter, pipe, or other fitting from any other

meter, pipe, or other fitting through which water is or

is intended to be supplied,

unless he has given the prescribed notice of his intention so to do, and has received the consent, in writing, of the Board, or of an authorised officer in that behalf.

(i.) ANY officer of the Board may, at all reasonable times, enter upon any land to which water is supplied under this Act, and

Power to enter and

examine whether

water is wasted, etc.

may examine and ascertain

69.

What quantity of water has been consumed there;

Whether there has been or is any waste, misuse, fouling,

or contamination of the water ; and

1904, No. 14.] Metropolitan Water and Sewerage. [3 ED iv. VII.

Whether all fittings, with the materials and mode of arrangement thereof, used or intended to be used are in accordance with the by-laws, and in proper order and repair.

(2.) When a fitting is not in accordance with the by-laws, or is out of proper order and repair, the officer of the Board may repair or remove it, and if necessary substitute others in its stead, or may alter the mode of arrangement, as the case requires.

Any expense incurred by the Board in that behalf shall, on demand, be repaid by the owner or occupier of the land, and if not repaid on demand may be recovered by the Board in the same manner in which water rates may be recovered.

Protection of 70. NO person shall remove, alter, repair, renew, or uncover any

fittings.	pipe or other fitting which is the property of the Board until the prescribed notice has been given to the Board, and the consent of the Board, in writing, obtained.
No such pipe or fitting shall be subject or liable to be seized or taken in execution by process of law, or under distress for rent.

ANY person authorised by the Board may at all reasonable supplied under this Act, and may place and fix thereon and attach thereto, wherever the Board think proper, such fittings as the Board may think expedient, and may do all other acts and execute all other works which the Board may think fit.

Power to enter on 71.

laud and fix	times enter upon any land to which water is or is intended to be
fittings.
Any person so authorised may at all reasonable times enter upon such lands and examine, remove, repair, alter, or replace all or any of such fittings.

Penalty for using 72. IF any person supplied with water by the Board does any

unauthorised	of the following things for the purpose of taking water in a manner
fittings.	not authorised by this Act, that is to say

(1.)	Uses in, places upon, or attaches to the land, or permits to be so used, placed, or fitted, any fitting, instrument, or thing not authorised by the Board ; or
(2.)	Alters, misuses, injures, or removes any authorised fitting,

except for the purpose of necessary repair,

he shall forfeit and pay to the Board a sum not exceeding fifty pounds, and shall, in addition, be liable to pay to the Board any damages sustained by the Board in respect of any injury done to their property, and the value of any water wasted, misused, or unduly consunied.

Penalty for not re- 73. IF any person supplied with water by the Board causes or

pairing fittings. suffers any pipe, receptacle, fitting, or other apparatus used in con- nection with water supplied to him by the Board to be out of repair

3 EDW. VII.] Metropolitan Water and Sewerage. [1904, No. 14.

without repairing it within a reasonable time, or to be so used or contrived that the water supplied to him by the Board is, or is likely to be wasted, misused, unduly consumed, or contaminated, or so as to allow the return of foul air or any noisome or impure matter into a pipe belonging to the Board, or connected with any such pipe, he shall forfeit and pay to the Board a sum not exceeding ten pounds.

74. IF any person, not being authorised by the Board	itig, valves, etc.
Penalty for destroy -

(t.) Wilfully or. carelessly breaks, injures, opens or shuts, or wilfully permits to be broken, injured, or opened or shut, any lock, sluice, cock, valve, pipe, or other authorised fitting, or any work belonging to the Board ;

OF

(2.) Flushes or draws off the water from any waterworks

of the Board ; or

(3.)	Does any other wilful act, or wilfully permits to be done
any act whereby such water is wasted,

he shall forfeit and pay to the Board a sum not exceeding fifty pounds, and shall, in addition, be liable to pay to the Board any damage sustained in respect thereof, as well for the value of the water wasted as in repairing the fittings or other parts of the works ; and the amount of such damage shall be ascertained, determined, and recovered in the same manner as such forfeited sum.

75. 1F any person uses or consumes, or permits to be used or Penalty for taking,etc., water in con-

consumed, any water belonging to the Board, contrary to the	travention of this
provisions of this Act and the by-laws thereunder, he shall forfeit	Act.
and pay to the Board a sum not exceeding fifty pounds.

76. ANY person who fraudulently takes, or procures to be	of water.
Fraudulent taking

taken, any water belonging to the Board from a reservoir main or pipe belonging to or vested in the Board, or from any pipe leading to or from any such reservoir main or pipe, is guilty of a misdemeanour, and liable to imprisonment, with or without hard labour, for any term not exceeding two years.

77. IF any person supplied with water by the Board Other consequencesof contravening this

(I.) Does, or causes or permits to be done, anything in Act or the by-laws.

contravention of the provisions of this Act or of the

by-laws; or

(2.) Omits to do, or prevents being done, anything which under any of those provisions ought to be done for the prevention of the waste, misuse, undue consumption of water,

the Board may (without prejudice to any other remedy against such person) cut off any of the pipes by or through which water is supplied by the Board to him or for his use, and may discontinue

1904, No. 14.1 Metropolitan Water and Sewerage. [3 Enw. VII.

the supply of water to him so long as the cause of injury remains or is not remedied ; but such cutting off shall not affect or take away his liability to payment of rates

PART VII.—DRAINAGE.

Owners and

occupiers to wake 78. AS soon as any sewer, or any part thereof, is completed and

drains to public	ready for use, the Board may, by notice in writing, demand that the
sewers.	owner or occupier of any land situated within the district and capable, in the opinion of the Board, of being drained into such sewer, shall construct such drains and fittings from and in connection with such land to communicate with such sewer, as the Board may determine.
Such drains and fittings shall be made and attached and be supplied with water according to such plans and directions as the Board -shall deem proper for effectually carrying off all impurities from the said land.

Board way make	79. (I.) THE Board may, after giving the prescribed notice to
drains and attach

ventilators in	the owner or occupier of any land, require such drains and fittings
default of com-	to be constructed by such owner or occupier within such time as
pliance with orders.	they may limit in that behalf ; and may require ventilating shafts, pipes, or tubes to be attached to any building, or erected apart from or otherwise than attached to any building, and to be connected with the drains.
(2.) If the same shall not be constructed within such time, or according to such plans and directions as the Board shall deem proper, the Board may construct, and attach the same ; and for that purpose may enter into or upon the land of any such owner or occupier, and excavate the ground, and make, construct, and attach such drains and fittings, and may attach and connect such ventilating shafts, pipes, or tubes as aforesaid.
(3.) The Board may in any such case recover from every such owner or occupier, by the like proceedings and with the like remedies as if such expenses were a sewerage rate, the full amount of the expenses of making such drains or fittings, or attaching or connecting such ventilating shafts, pipes, or tubes.

Cost of drains by 80. THE cost of providing, laying down, constructing, and

whom payable. fixing in readiness for use such drains and fittings shall, as between the owner and occupier of the land, be payable by the occupier, if the land is held by such occupier for a term whereof a period of more than five years remains unexpired at the time of such cost being incurred ; and when the unexpired term shall at such time be less than five years, one moiety only of such cost shall be payable by such occupier, and if such occupier shall have paid the full amount of such cost, he shall be entitled to recover one moiety thereof from the owner, or may deduct such moiety from the rent clue or to accrue due under his lease.

3 EDW. VII.] Metropolitan Water and Sewerage. [1904, No. 14.

If the owner of any land shall have paid any such cost or moiety thereof which should have been paid by such occupier, such owner shall be entitled to recover from such occupier the amount of such cost or moiety thereof as the case may be, or may recover the same by distress in the same manner as rent is recoverable :

Provided that the provisions of this section shall not invalidate or affect any contract between the owner and occupier of any land.

81. WHERE ally owner or occupier of any land becomes Persons liable for

liable to the Board for the expenses of making drains or	payment forcompulsory drain-
fittings, or attaching or constructing ventilating shafts, pipes, or	age may agree to
tubes, the Board may, upon the application of such owner or occupier,	pay by deferredpayments.
enter into an agreement with such owner or occupier for the payment of such expenses and any costs incurred by the Board in relation to such works, in not more than twelve quarterly instalments from the date of the completion of the work.
Interest at five per centum per annum on the amount remaining to be paid shall be added to each instalment, and such payments shall be charged upon the land in respect of which such works have been carried out, and may be recovered from any owner of such land with costs.

82.       NO person shall, without having previously given one week's No private drain or

written notice to the Board, construct or alter any drain or fittinu sewer to be made	b without notice.
communicating with any sewer, and no person shall, under any circumstances, construct or alter any such drain or fitting, except according to such plans as the Board may approve, and in such manner as they may direct. Any person contravening the provisions of this section shall, on conviction, forfeit and pay a penalty not exceeding fifty pounds.

83.      ALL drains and fittings communicating with any sewer Drains to be

shall from time to time be repaired and cleansed, under the inspection cleansed.

or direction of the Board, at the expense of the occupiers of the

land in respect of which the said drains shall have been

constructed; and in case any such occupier shall neglect to repair

or cleanse any such drain according to the direction of the Board,

lie shall, upon conviction for every such offence, forfeit and pay a

penalty not exceeding ten pounds.

(i.) THE owner or occupier of any land in or on which it is proposed to construct or alter any closet or urinal or work of a

Notice to be given to the Board before

commencing or

sanitary nature, communicating with the sewers of the Board, shall,

continuing sanitary

before the commencement of the work, give notice thereof ill writing

work.

to the Board, and furnish the Board with a plan of the proposed

work.

The Board shall, within seven days after the receipt of the plan,

return it with such directions indorsed thereon as may be thought fit.

84.

1904, No. 14.] Metropolitan Water and Sewerage. [3 Few. VII. If the owner or occupier

(a.) Commences or causes to be commenced the construc- tion or alteration of any work as aforesaid without giving such notice' or without furnishing the plan as aforesaid ; or

(b.) Having given the notice and furnished the plan com- mences or causes to be commenced the construction or alteration of the work before the expiration of the seven days above mentioned, and before the plan has been returned by the Board ; or

(c.) Fails to follow the directions indorsed on the plan,

he shall be liable to a penalty not exceeding twenty pounds, and any work constructed or altered contrary to or not in accordance with the said directions may be removed by the Board, and the expenses of the removal may be recovered by the Board from the owner or occupier :

Provided that the above provisions of this section shall not apply in a case where the chairman of the Board declares in writing under his hand that he is satisfied that an emergency had arisen which rendered it necessary or desirable that the work should be constructed or altered before the directions of the Board could be obtained, and that notice was given and a plan was furnished as soon as practicable.

(2.) If the construction or alteration of a work to which this section applies is suspended for a month, two clear days' notice of the resumption thereof shall be given by the owner or occupier to the Board.

If the owner or occupier resumes the construction or alteration of a work as aforesaid, or causes it to be resumed, without giving notice as aforesaid, or before the expiration of the time hereinbefore mentioned, he shall be liable to a penalty not exceeding ten pounds.

ister. sewer, any engineer, surveyor, or other person authorised by the Inspection by Min- 85. WHERE any drain is made to communicate with any

Board may enter upon any house, tenement, or land and inspect such drain ; and in the event of the same being found to be improperly laid, the Board may cause the same to be properly laid at the expense of the owner of such drain. Such expense shall be recoverable in like manner as penalties are recoverable under this Act.

Penalties on	86. (1.) EVERY person who shall erect, construct, or place
persons encroach-

ing on sewers. any building, wall, fence, or obstruction in, upon, over, or under any sewer, so as to interfere with or injuriously affect such sewer in the carrying away of sewerage or drainage, and every person who

3 EDW. VW] Metropolitan Water and Sewerage. [1904, No. 14.

shall obstruct, fill in, close up, or divert any sewer without the previous consent in writing of the Board, shall, in addition to any other penalty to which he may be liable, forfeit and pay a sum not exceeding twenty pounds for every such offence, and in case of a continuing offence, a further penalty not exceeding five pounds for each day after notice shall have been given by the Board to such person.

( 2 .) The Board may demolish and remove any such building,

wall, fence, or obstruction, and perform any works necessary for restoring or reinstating such sewer ; and the person erecting such building, wall, fence, or causing such obstruction, or obstructing, filling in, closing up, or diverting such sewer, as the case may be, shall also pay the expense of removing such wall, fence, or obstruction, or of re-opening, restoring, repairing, or re-instating such sewer.

ANY person acting under the authority of the Board may at all reasonable times enter into or upon any land having a drain	Inspection of enin-
municating drains.
communicating with the sewers of the Board, to examine if there is any communication with any other drain or sewer into any land ; and if such person is at such time refused admittance or on being admitted is obstructed or prevented from making such inspection and examination as aforesaid, the occupier shall be liable to a penalty not exceeding ten pounds.

87.

IF any person supplied with a drain in pursuance of this Act, or having any drain or sewer which may communicate with the	Penalty for giving
use of drain without
permission.
sewers of the Board, permits any other person not having the authority or consent of the Board to use any such drain or any branch into the same, every person so offending shall forfeit for every such offence a sum not exceeding ten pounds over and above the full amount of the damage sustained by the Board by the acts or means in respect of which such penalty shall be incurred, and the Board shall be at liberty to cut off from the main sewer the drain of every such person so offending.

88.

EVERY person who, not being authorised by the Board, wilfully or carelessly breaks, injures, or opens, or permits to be	ing sewers and
Penalty for destroy-
fittings.
broken, injured, or opened, any sewer, drain, or fitting, or any other work, shall for every such offence be liable to a penalty not exceeding fifty pounds, besides the amount of the expense to which the Board may be put in respect thereof in repairing such sewer, drain, fitting, or work, and the amount of such expense shall be ascertained, determined, and recovered in the same manner as such forfeited sum.

89.

WHERE several properties in the separate occupation of several persons are drained by one common drain, such several	Where separate
properties are

90.

by

properties shall be liable to the payment of the same sewerage	mon drain, each to
be liable.
rates as they would have been liable to if each of such. several

1904, No. 141 Metropolitan Water and Sewerage. [3 EDw. VII.

properties had been connected with the sewer of the Board by a separate drain, and the costs and charges of repairing and cleansing such common drain by or under the direction of the Board shall be equally borne by and between each of the owners or occupiers of such several properties.

Agreement with 91. THE Board may, by agreement with and at the expense of

Board. the owner or occupier of any land within the sewerage area, execute any drainage works which such owner or occupier may be desirous to have executed.

PART VI1I.—RATES AND SALE OF WATER.

( I .) Rate Books.

THE Board shall cause rate books to be kept in the form or to the effect of the Fourth Schedule, and shall enter therein all rateable land in the Area, or any district thereof, as the case may be, with the several particulars indicated in the said schedule, and in the appropriate column shall state the estimated net annual value or unimproved capital value of such laud.

Rate books. 92.

Valuation. 93. SUCH annual value may, at the option of the Board, be

either

(I .) The current value of the local authority in whose district the land is situated; or

The yearly rent at which the land might reasonably be

(2') expected to let, free from all usual tenant's rates and taxes, and deducting therefrom the probable annual average cost of insurance and other expenses (if any) necessary to maintain such property in a state to command such rent ; or

An amount not exceeding seven pounds ten shillings per

(3•) centum on the capital value of the land in fee simple.

The valuation shall be made on the assumption (if necessary to be made) that the sub-letting of the land is authorised by law.

THE Board may adopt , a general system of valuation In such case the unimproved capital value of rateable land shall be inserted in the rate book in place of the annual value thereof.

Assessment on 94.

unimproved values.

on the basis of the unimproved value of land instead of a valuation

as prescribed by the last preceding section.

"Unimproved value" means the sum which the land in fee simple, unencumbered by any mortgage or charge, and if no improvements existed thereon, might be expected to realise at the time of valuation if offered for sale.

3 EDW. VII.] Metropolitan Water and Sewerage. F1904, No. 14.

EVERY rate book shall be made up as early as may be in each year, and notice thereof shall forthwith be published in the	Rate book to be
open to inspection.
Government Gazette and in at least one newspaper circulating in the
Area.
The rate book shall at all reasonable times be open to inspection by any ratepayer.

95.

ANY person authorised by the chairman, in writing, may, as of right, at all reasonable times inspect, free of charge, all	rate books of local
Board may inspect
authorities.
valuations, lists, and rate books of any local authority relating to any land situate in the Area, and may take copies or extracts from them.

96.

97.       ALL persons having the custody of such valuations, lists, Access to be given.

or rate books shall, at all reasonable times, and without any fee or charge, afford to the Board, and all persons authorised by the chairman, free access to the same.

EVERY person having the custody of a valuation list or Pen; y for not per-

rate book of any local authority which a person authorised by the nutting inspection. 98.

Board is entitled to inspect, who neglects or refuses to permit any such person to inspect the same free of charge, or to make or take copies or extracts therefrom, shall be liable to a penalty not exceeding twenty pounds.

99. (i .) THE town clerk or secretary to the council or board Clerks of local apinytheoorpiy tieosf es n p-

of every municipality and road district in which any main-pipe or	gate
sewer is laid down, shall, as soon as practicable after the third book. month thereafter, deliver to the Board a copy of the rate book of such local authority.

Board for such copy at the rate of one penny per folio of seventy-two copy rate book. (2.) Every such local authority shall be entitled to charge the Board to pay for

words for everything written therein, but not to exceed the sum of

fifty pounds.

book the same shall be forthwith notified to the Board by the amendments. 100. IF any alteration or amendment is made to any such rate cleric to notify

town clerk or secretary, and the copy of the rate book shall he

altered or amended accordingly.

101.      THE net annual value or unimproved capital value set Rateable value.

against all rateable land in the rate book shall, subject to appeal as hereinafter provided, be the rateable value thereof for the current year.

102.      THE Board may from time to time amend the rate book Rate book may be

by adding the particulars of any property that may have become amended.

rateable, and by inserting the particulars of any rateable, property

1904, No. 14.] Metropolitan Water and Sewerage. E3 EDw. VII.

Omitted therefrom, or by substituting for the name of any person erroneously inserted as the owner or occupier of any land the name of the true owner or occupier, and by correcting any error that may need rectification, and otherwise amending the same.

Notice of amend- 103. WITHIN fourteen days of any such amendment, the Board

ment to be given.

shall cause notice to be given to every person affected by the same, and every such person shall have the same right of appeal from such amendment as he would have had if the amendment had appeared in the rate book as made up.

Board may use

previous year's rate 104. THE Board may, instead of causing a new rate book to

book.

be made up in any year, use the rate book of the last or any previous

year, with such alterations and additions as may appear necessary.

(2.) Appeals.

Grounds of appeal	105.	ANY person may appeal against any valuation in the rate
against assessment.

book, or any alteration thereof or addition thereto ; but no appeal shall be allowed when the valuation does not exceed the current valuation of the same land by the local authority.

Appeals, how made. 106. APPEALS shall be made to the Board, and from the

decision of the Board there may be a further appeal to the Local Court having jurisdiction within the district, as hereinafter provided.

Appeals to the

Board. 107. EVERY appeal to the Board shall be by notice setting

out the grounds of appeal, in the form or to the effect of the Fifth

Schedule.

The notice of appeal shall be given to the Board within one month after publication of notice of the making up of the rate book, or of the receipt by the appellant of notice of an amendment thereof.

No appeal shall be entertained unless the appellant deposits with the Board the amount of the rates then due and payable in respect of the valuation complained of.

Notice of the day appointed by the Board for the hearing of such appeal shall be given to the appellant six days at least before the day of hearing, in the form or to the effect of the Sixth Schedule.

Appeals to the Local

Court from decisions 108. EVERY appeal to a Local Court from the decision of the

of the Board.

Board shall be commenced by notice setting out the grounds of the

appeal, in the form in the Seventh Schedule or to the like effect.

The notice shall, within ten days after the decision appealed from, be served on the Board and the clerk of the Local Court.

The appeal shall come on for hearing at the sitting of the Local Court next after ten days from the service of such notice on the clerk of the Local Court.

3 Enw. VII.] Metropolitan Water and Sewerage. [1904, No. 14.

109. (i.) ON the hearing of all appeals, the rate book or a Hearing of appeal.

copy or extract therefrom certified by the chairman shall be produced; and the Board, or the Local Court on appeal from the Board, on the day of hearing, or at any adjournment thereof, may make such order as shall be just, and shall direct any alterations or additions occasioned by such order to be made in the rate book.

(2.) On any appeal to the Local Court, the Court may make such order as may seem just for the payment of the costs of the appeal, and may determine the amount of such costs; and payment of the same may be enforced in the same manner as a judgment of the Local Court.

(3.) The decision of the Local Court on any appeal shall

be final.

(3.) The Making of Rates.

water rates in respect of all rateable land within the Area or an y water rates. 110. THE Board shall, from time to time, make and levy Land subject to

district thereof, whether actually occupied or not, situated within sixty yards of any main pipe, although the land may not be actually supplied with water.

111. THE Board shall make and levy sewerage rates in respect Land subject to of all rateable land within a sewerage district, whether actually sewerage rates. occupied or not, situated within two hundred and twenty yards of

any sewer, although the land may not be actually connected with

the sewer.

112. NO rate shall in any one year exceed— Amount of rate.

(i.) One shilling in the pound on the annual rateable value of

the land rated ; or

(2.) Two pence in the pound on the unimproved value of the land rated where the valuation is on the basis of the unimproved value of land:

But the Board may make and levy a minimum rate of the prescribed amount upon any land the annual rate of which would not exceed one pound.

113.          IENEVER any rate is ordered by the Board to Manner of making

be made and levied, the chairman shall, on a vacant page of the rate.

rate boo'. , to be left blank for the purpose, enter a memorandum of

such order, and shall sign the same, and cause notice thereof to be

published in the Government Gazette and a newspaper usually

circulating in the Area.

On the publication of such notice, the said rate shall, subject to

any by-law as to the time and mode of payment, become clue and

payable by the occupier or owner of the land rated as hereinafter

provided.

1904, No. 14.] Metropolitan Water and Sewerage. [3 EDW. VII.

Rate for unexpired

portion of year in114. WHENEVER a main pipe or sewer is laid down or

case of new main or extended after a rate has been struck for the year, and notice thereof

sewer. is published in the Gorernment Gazette, a proportionate part of the

rate shall thereupon become payable in respect thereof for the

unexpired portion of the year from the date of such notice.

Gazette evidence of

striking of rate. 115. THE production of a copy of the Government Gazette con- taining a notice of the striking of a rate shall be conclusive evidence in all Courts of the due striking, making, and publication thereof.

(4 .) Payment of Rates and for Water.

Rates, when Pay 116. ALL rates shall be payable in advance in accordance with

-able.

the by-laws for the time being, and shall cover and be paid in respect of the period of twelve calendar months from the first day of January next following the striking thereof if struck in the month of December, or if struck after December, then in respect of the twelve calendar months from the first day of January next preceding the striking thereof.

Payment for water

supplied by 117. PAYMENT for water supplied or agreed to be supplied

measure.

by measure shall become due and shall be made at the times and in

manner prescribed.

Payment by 118.

WHERE water is supplied by measure to the owner or occupier of land rated under this Act, all water in excess of the prescribed quantity which the owner or occupier is entitled to receive in respect of the rate shall be paid for by him at the prescribed price.

measure when land

rated.

Supply to local

authorities. 119.

THE Board shall supply water by measure to any local authority within the Area or to any Government department at one-half of the charge made, for the time being, to private consumers.

Recovery of rates

by distress. 120. IF any person liable to pay money due for water rates,

sewerage rates, or for water supplied by measure, fails to pay the same for the space of fourteen days after demand thereof made, in writing, by the secretary or any authorised collector, the chairman may issue his warrant for levying the amount with costs, by distress and sale of the goods and chattels found on the land in respect of which the money is due, in accordance with the law for the time being relating to distress for rent.

A warrant of distress may be in the form or to the effect of the Eighth Schedule.

The chairman may include in any one warrant ally number of persons liable to pay rates.

The fees prescribed in the Ninth Schedule shall be payable on

every distress.

3 Eow. VII.] Metropolitan Water and Sewerage. [1904, No. 14.

121. ANY person appointed by the Board as their bailiff for the Dailiff may sell by

purpose of levying rates, or money due for water supplied, by	auction without
license.
distress and sale, shall have power and authority to sell by public auction any goods and chattels seized under warrant of distress without taking out a license as an auctioneer.

122. INSTEAD of proceeding by distress and sale, or in case Recovery by action

no sufficient distress can be found on the premises, the Board may,

or complaint.

fourteen days after demand thereof, in writing, by the clerk or secretary, or any authorised collector, and notwithstanding any change of occupation or ownership, recover any money due for rates or for water supplied by measure from the occupier or owner for the time being of the land in respect of which the money is due, by complaint before- two Justices of the Peace, or by action in any Court of competent jurisdiction.

123. IN any action or other proceeding against the owner of In action against owner, proof of

land for the recovery of Money due for water rates, sewerage rates,	demand on occupier
or for water supplied, it shall not be necessary to prove service upon	not necessary.
the occupier of any demand for payment.

124.	ANY unsatisfied judgment or order of any Court against	be resorted to in
Persons liable may

any person for the recovery of money due for water rates, sewerage	succession.
rates, or for water supplied shall not be a bar to the recovery thereof from any other person liable under the provisions of this Act to the payment thereof.

125. IN any proceeding to levy and recover, or consequent on Rate books to be

the levying or recovering of any rate under the provisions of tins

evidence.

Act, the rate book of the Board, and all entries purporting to be made therein, by the production thereof alone, or a certified copy thereof or extract therefrom, purporting to be signed by the chairman and sealed with the seal of the Board, shall be prima fade evidence of such rate and of the contents thereof, without any evidence that the notices required by or other requirements of tins Act have been given or complied with.

(1.) WHEN the owner of any land has paid any money due for water or sewerage rates or for water supplied which, as	Recovery of rates paid by owner from
occupier.
between the owner and occupier, should have been paid by the occupier, the owner may recover the sum so paid, on demand, from the occupier as arrears of rent could be recovered from the occupier by the owner.
(2.) When the occupier of land has paid money due for water rates, sewerage rates, or for water supplied, which, as between	Recovery of rates
paid by oteoic..cuper

126.

.

such occupier and the owner should have been paid 'by the owner, the occupier may deduct the amount paid from any rent due or to become due to the owner, or may recover the amount from the owner in any Court of competent jurisdiction.

1904, No. 14.] Metropolitan Water and Sewerage. [3 Enw. VII

Apportionment of

rates between 127. WHEN an occupier or owner ceases to be the occupier

successive owners or	or owner of the land in respect of which a rate is made, before the
occupiers.	end of the period in respect of which such rate was made, such occupier or owner shall, as between himself and the succeeding occupier or owner, be liable to pay a portion only of the rate payable for the whole of such period proportionate to the time during which he continued to be the occupier or owner.
Any person who is the occupier or owner of the land during the remainder of the period shall, as between himself and the preceding occupier or owner, be liable to pay a portion of such rate in propor- tion to the time during which he is such occupier or owner :
But any rate made in respect of such property, and any money due for water supplied, shall continue in force, and may be recovered by the Board from the owner or occupier for the time being, without regard to any change in the occupation or ownership.
Promises may be

sold for arrears of 128. (i.) IF money due for water rates, sewerage rates, or for

rates, etc., remain-	water supplied remains unpaid for the term of twelve months in
ing unpaid for
twelve months.	respect of any land, the Board may cause a notice, in the form of the Tenth Schedule, to be published in the. Government Gazedr, and in a newspaper usually circulating in the Area, three times, at inter- vals of not less than one week between any two publications
(2.) If the money due and expenses are not paid at or before the expiration of the time specified in such notice, the Board may present a petition to the Supreme Court, stating the imposition of the rate on the said land, or the supply of water, and amount due for the same, the non-payment thereof, and the publication of the notices aforesaid.

(3.) Any Judge of the Supreme Court, on being satisfied of

the proof of such circumstances, shall order the said land or such part thereof as may be deemed sufficient to satisfy the money due, expenses, and costs to be sold by some person to be named in such order by public auction, and the proceeds of such sale (after deduct- ing the expenses thereof) to he paid to the Master of the Supreme Court

(4.) The Master, on receiving the same, shall, out of such moneys, pay to the Board ;the amount due as aforesaid, and of all rates imposed on such land and due in respect thereof up to the day of such sale, and all expenses and costs incurred by the Board in the proceedings, and shall hold the surplus (if any) in trust for such person as may prove himself entitled to the same.

(5.) The Judge may, at the time of making any such order, give any directions that he may deem proper touching the time and place of such sale, and the notices to be given thereof.

(6.) No neglect of any of such directions shall in anywise

invalidate any such sale, but the person or persons neglecting the

3 Eo w. VII.] Metropol itan Water and Sewerage. [1904, No. 14.

same may be ordered by the Judge to make compensation, to be assessed as the Judge may direct, to any person injured by such neglect.

(7.) A certificate of sale of any rateable land, according to the form in the Eleventh Schedule, made out by the person directed in the order of the Judge to sell the same, shall be given to the purchaser ; and the Registrar of Titles, on production of the said certificate, and of an office copy of the said order, and on payment of the proper fees, shall register the certificate of sale in like manner as a transfer of the land, and issue to such purchaser a certificate or other instrument of title free from all encumbrances.

129. ANY person ordered to sell any such land as aforesaid Person ordered tosell need not have

may act as an auctioneer in respect of any such sale, without any	auctioneer's license.
license authorising him so to act.

PART IX.—FINANCE.

130. A Lt, the property, debts, and liabilities of the Metropolitan 'transfer of liabili- ties of Metropolitan

Water Works Board shall, on the constitution of the Board under	Water Works
this Act, by force of this Act alone be transferred to and become	Board.
the property, debts, and liabilities of the Board.

131. H E Minister shall, on the constitution of the Board Outstanding debts

under this Act, cause a statement to be prepared of such water-	for other works.
works and sewerage works as are transferred from the control of the Minister for Works, and shall determine the amount expended upon such works, and such amount shall be deemed a liability of the Board to the Colonial Treasurer, and interest shall be chargeable thereon at such rate (not exceeding four pounds per centum per annum) as the Colonial Treasurer may determine.

132. ALL moneys received by the Board from rates, charges, Revenue, how

rents, or otherwise under this Act, shall be applied in manner	applied.
following, that is to say :--

(l.) In defraying the expenses incurred in the maintenance

and management of the works, and the conduct of the

business of the Board ;

In payment of the interest and contributions to the sinking fund of any loan, the liability in respect of which is transferred to the Board, or of any loan raised by the Board ;

In the payment of any interest or instalments of principal or contributions to the sinking fund due in respect of any liability of the Board to the Colonial Treasurer ;

In the construction, extension, and improvement of works.

1904, No. 14.] Metropolitan Water and Sewerage. [3 EDW. VII.

Power to borrow 133. THE Board may, with the approval of the Governor, (i.) For the construction of waterworks or sewerage works ; (2.) For payment of the cost of waterworks or sewerage works

money. borrow money

constructed by the Minister for Works, under this Act ;

(3.) For payment of the cost of works charged against the

Board under section one hundred and thirty one ;

(4.) To discharge the principal money of any existing loan or for the consolidation of the debts of the Board ;

(5.) For any other purpose approved by the Governor.

Money to be bor-	134. ALL money borrowed by the Board may be raised by the
rowed on deben-

tures. issue of debentures payable to bearer, with interest coupons attached, to be charged and secured upon the works constructed by or vested in the Board under this Act, and upon the revenues of the Board.

Provisions relating 135. THE following provisions shall apply to debentures issued (i.) Every debenture shall be in the form or to the effect set

to debentures. tinder this Act :-

forth in the Twelfth Schedule.

(2.) Every debenture shall be sealed with the common seal of the Board, and the debentures shall be numbered consecutively, beginning with the number one and pro- ceeding in an arithmetical progression, whereof the common difference shall be one.

Every debenture, with the interest coupons annexed

(3) thereto, and every interest coupon, after being detached therefrom, shall pass by delivery and . without any assignment or indorsement.

(4.) The bearer of every debenture or detached interest	coupon shall have the same rights as if he were expressly
named as payee therein.

(5.) No interest shall be payable in respect of any debenture except to the holder of the coupon representing the interest claimed, and upon delivery of the same.

created. for the repayment thereof by the creation of a sinking fund, and for

such purpose may, with the approval of the Governor, permanently

appropriate any part of the revenues of the Board.

Sinking fund to be 136. BEFORE raising any loan the Board shall make provision

Investment of sink- 137. ALL moneys so appropriated as a sinking fund, and all

ing fund. interest accruing thereon, shall be invested by the Board in the joint

names of the Colonial Treasurer and the Board in such securities as

the Colonial Treasurer may think fit.

3 EDW. VIE] Metropolitan Water and Sewerage. [1904, No. 14.

138.      THE accumulated • sinking fund shall be applied in Accumulated sink-

payment of the principal of the loan when the sanie becomes einigelfitlecildhthebee, e t payable, or may be applied from time to time in the redemption of of loan. n debentures issued.

139.       THE Board shall keep, or cause to be kept in one or more Register of del en-

books, a register of debentures, and within a reasonable time after tares.

the date of any debenture shall cause to be made an entry in the

register specifying the number, date, and amount of the debenture ;

and the register may be inspected at all reasonable times by any

person on payment of one shilling for each inspection. Such

register shall be evidence of any matters required, or authorised by

this Act to be inserted therein.

140.       ANY person shall be entitled to obtain from the Board Copies 'Li be

copies or extracts, certified by the officer in whose custody the register "IPPlied•

is kept to he true copies or extracts of such register, upon payment

for each copy or extract of a fee of two shillings and sixpence, and

two pence for every folio of seventy-two words, and any copy or_

extract so certified shall be admissible in evidence.

141. NO notice of any trust, expressed, implied, or constructive Notice of trust not

shall be received by the Board, or by any officer of the same, in	receivable.
relation to any debenture issued under this Act.

142. A PERSON advancing money, and receiving in considera- Owners of securities not responsible for

tion of such advance any debenture under this Act, shall not be

application of

bound to inquire into the application of the money advanced, or be

moneys.

in any way responsible for the non-application or mis-application

thereof.

143.	IF, at the expiration of three months from the time when	Receiver may be ap-
pointed in certain

any principal money or interest has become due on any debenture,

eases.

and after demand in writing, the same is not paid, the holder thereof may, without prejudice to any other mode of recovery, apply to the Supreme Court or any Judge thereof for the appointment of a receiver, and the said Court or any Judge thereof may, after hearing the parties, appoint as receiver some person to collect and receive the whole or a competent part of the rates, debts, funds, rents, fines, or other property of the Board upon which the principal moneys or interest mentioned in such debenture is charged, until such principal or interest, or both (as the case may be), together with the costs of the application and of collection, shall be fully paid.

144.      EVERY such receiver shall be deemed an officer of and Receiver an officer

shall act under the direction of the Supreme Court.

of court, etc.

The Supreme Court or any Judge thereof may from time to

time remove any such receiver, and on the death, resignation, or

1904, No. 14.1 Metropolitan Water and Sewerage. [3 Easy. VII.

removal of any such receiver may appoint some other person in his

place.

Such receiver shall be entitled to receive the whole or such competent part of the rates, debts, funds, rents, fines, or other property of the Board as aforesaid, and to be paid such commission as renumeration for his services as the Supreme Court or a Judge thereof may think fit.

Application of 145. EVERY such receiver shall hold all moneys received by

assets by receive' him, after payment of costs and expenses of collection and of his commission, in trust for the purpose of paying to all holders of debentures issued by the Board of any moneys secured thereby and owing to them according to their respective priorities and subject thereto for the Board.

Board may obtain 146. FOR the temporary accommodation of the Board, they may

bank overdraft. obtain advances by overdraft of current account in any bank or

banks, but so that the principal moneys owing on overdraft do not

at any time exceed the sum of five thousand pounds.

PART X.—ACCOUNTS AND AUDIT.

(1.) Books of Account and Inspection.

Books of account 147. THE Board shall cause books to be provided, and accounts

and inspection by	to be entered therein of all sums of money received and paid on
persons interested.	account of the business of the Board, and of the several purposes for which such sums of money are received and paid ; and such books shall, at all reasonable times, be open to the inspection of any person appointed by the Minister and of any ratepayer or of any creditor of the Board, any of whom may, at all reasonable times during office hours, and without payment of any fee, make a copy thereof or take extracts therefrom.
Every person having the custody of any such book who does not, on the reasonable demand of any such member, ratepayer, or creditor, permit him to inspect such book, or to make or take such copy or extract, shall be liable to a penalty not exceeding five pounds.

Yearly balance and 148. THE Board shall, at the end of every financial year, cause

audit.

their accounts to be balanced, and shall cause such accounts to be audited by competent auditors as soon as conveniently may be. The accounts so balanced shall be produced to the auditors with all vouchers in support of the same, and all books, papers, and writings in the custody of the Board relating thereto.

If the auditors, after due inquiry, are satisfied that all moneys

received have been duly accounted for, and that all payments charged

have been duly authorised and made, they shall sign the accounts in

3 EDW. VII.] Metropolitan Water and Sewerage. [1904, No. 14.

token of their allowance thereof, but if they disapprove of any part of the accounts, they may disallow any parts of the accounts so disapproved of.

149.      THE yearly accounts of the Board, so balanced and tguiinneattiocni and

audited as aforesaid, and either allowed or disallowed by the auditors, accolenitsliby Hoard.

shall be produced at the first ordinary meeting of the Board there-

after, or at some adjournment thereof, and shall be then finally

examined and settled by the Board, and if the same are found

correct, they shall be allowed by the Board and certified accordingly

under the hand of the chairman of such meeting.

After such accounts have been so allowed and signed by such chairman and the auditors, the same shall (except in the case of an audit by a special auditor or special auditors appointed by the Governor) be final as against all persons whomsoever.

150.       AS soon as possible after the accounts arc so allowed and Certified statement

certified, the Board shall publish in the Government Gazette, and in of receipts and ex- penditure to be

newspapers circulating in the Area, a true statement of the receipts published.

and expenditure of the Board for the financial year then last past,

and such statement shall be signed by the chairman and certified as

correct by the auditors.

(2.) Special Audit.

151. THE Governor may, from time to time, appoint a special Audit by authority

auditor or auditors to examine the accounts of the Board, and the	of Governor.
chairman and secretary shall, on being requested so to do, produce and lay before the auditor or auditors so appointed all books and accounts of the Board for such period, and all vouchers in support of the same, and all books, papers, and writings in the power of the Board relating thereto.
Seven days' notice in writing shall be given to the chairman and clerk of any such intended examination.

after the examination of the accounts of the Board, report to the auditors. 152. THE special auditor or special auditors shall forthwith, Report of special

Minister the result thereof, and if it appears to the Minister that any money has been wilfully or corruptly misapplied to purposes to which it was not lawfully applicable, or that any member has wilfully, or by culpable negligence, misapplied or connived at or concurred in the misapplication of such money, he shall certify accordingly ; and the Governor may, by Order in Council to be published in the Government Gazette within three months from the date of such certificate, wholly or in part confirm or disallow the same.

153.      THE special auditor or special auditors, before certifying special auditors to

as aforesaid, shall, by public notice or otherwise as may seem to him hear explanations.

1904, No. 14.] Metropolitan Hater and Sewerage.. VII.P3 ED NV

or them reasonable, appoint a time and place for hearing such explanations as may be offered by or on behalf of the Board or any member thereof.

c'nfirmation of 154. EVERY such order of confirmation of a certificate shall

Proceedings on

certificate.

be conclusive evidence in all Courts, and for all purposes whatsoever, of the facts of the misapplication of the moneys therein mentioned, of the amount so misapplied, and of the liability of the member or members named in such order as having so misapplied the same or connived at the misapplication thereof to pay the same.

Any sum of money mentioned in any such order of confirma- tion as having been so misapplied may be recovered in any Court of competent jurisdiction ; together with full costs of suit, from any one or more of the members mentioned in such order as liable to pay the same, at the suit of the Board, or at the suit of any ratepayer, or at the suit of any of the creditors of the Board ; and any sum or sums so recovered shall be paid into the funds of the Board.

Costs of special 155. THE Governor may direct that the costs and expenses of

audit. and connected with any such examination shall be paid, either wholly or partly, out of the funds of the Board, and may direct that the amount thereof shall be deducted from and retained out of any moneys payable to the Board by the Colonial Treasurer.

(3.) Powers of Special Auditors.

General powers of 156. FOR the purpose of any such examination the special

special auditors.	auditor or special auditors may take evidence upon oath (which oath every special auditor is hereby empowered to administer), and may by summons, under his or their or either of their hands, require all such persons as he or they may think fit to appear personally before him or them, at a time and place to be fixed in and by the summons, and to produce to him or them all such books and papers as may appear necessary for the examination :
And any person so required who, without just excuse, neglects or refuses to comply with the tenor of the summons, or who, having appeared before the special auditor or special auditors, refuses without j ust excuse to be examined on oath or affirmation concerning thepremises, or to take such oath or affirmation, or, having taken such
oath or affirmation, to answer such questions concerning the premises as are put to him, shall and may be dealt with by the special auditor or special auditors in the same manner in all respects in which by any Act in force for the time being relating to Justices persons so refusing or neglecting in cases in which Justices have summary jurisdiction may be dealt with.

3 EDW. VII.] Metropolitan Ifrater and Sewerage. [1904, No. 14.

(4.) Examination by Auditor General.

157.       THE Auditor General, or such officers of his staff as he from Auditor General

time to time directs, may, at such times as he may think fit, examine may examine book

the books and accounts of the Board, and the Auditor General shall annually.

report thereupon to the Colonial Treasurer.

The Colonial Treasurer may, if he thinks fit, require such books and accounts to be kept by the Board in such form and manner as may be prescribed by the Auditor General.

PART XI.—BY-LAWS.

158.      THE Board. may, subject to the provisions of this Act, Board may make

make by-laws with respect to the following matters, that is to By-laws.

say :—

( .) The general conduct of their business and proceedings, Regulating bus:

the control, supervision, guidance, and duties of their ness• -and

officers and servants.

(2.) For the prevention of the pollution of water within any Water reserves.

water reserve or catchment area.

(3.) Regulating and controlling the use by any person of Regulating bores.

artesian bores sunk before or after the commencement

of this Act.

The due management and use of the water and other

Managing works.

property of the Board and of any water under their

jurisdiction or authority.

Protecting and preventing and remedying the waste,

Preventing waste,

misuse, undue consumption, fouling, or contamination

etc.

of water contained in or supplied from the water works

or otherwise under the control of the Board.

The construction, maintenance, cleansing, repair, manage- Construction and

ment, and use of the water works, sewerage works,	use of works.
sewers, drains, pipes, and other property of the Board.

Protecting the water works, sewerage works, sewers, drains, Protecting water

pipes, and fittings from trespass and injury. and works.

Regulating the purposes for which any pipes, drains, or The use of pipes,

sewers shall be used or applied. drains, etc.

Regulating the dimensions, material, form, construction, Ventilators.

and arrangement of, and the maintenance or alteration

of ventilators for pipes, drains, or sewers.

Regulating the disinfection and cleansing of or otherwise Disinfection,

dealing with any substance or matter before the dis-

charge thereof into any drain or sewer.

Prescribing the fees payable for tapping the mains or

Fees for tapping

mains or connecting

connecting with the sewers of the Board. with sewers.

1904, No. 141 Metropolitan Water and Sewerage. [3 En w. VII. (1 2.) Making, levying, and collecting water rates and sewerage rates and fixing a minimum rate to be paid in respect of land under a prescribed value.

Rates.

Quantity of water.	(13.) Prescribing the quantity of water which a consumer may take in respect of any rates paid for any given period.
Domestic purposes.	( 14 .) Prescribing the purposes which shall be and shall not be

domestic purposes for the use of water.

Scale of charges for	(15.) Prescribing scales of charges for water supplied by
water supplied by

measure.

measure, and the minimum quantity of water to be

charged for, and the rent for the use of meters.

Specifying pur-	(16.) Specifying the purposes for which, and the persons or classes of persons to whom, water may be supplied under agreement, and the general and special terms and conditions upon which water shall be so supplied.
poses.
Prescribing quan-	(17.) Prescribing the quantity of water a consumer may take or
tity for specified

purposes.

consume for any specified purposes; and the price to be

paid for water supplied for any specified purposes.

Fixing levels of

(18.) Fixing the level beyond which water supplied from the

works may not be allowed to rise at any particular place

within the Area or any district.

water.

Repair of fittings.

(19.) Compelling persons using water supplied by the Board to keep their pipes and fittings in proper repair.

Prohibiting altera-

(20.) Prohibiting any alteration of or interference with any meter, pipes, drain, or fittings, without the consent of or notice to the Board ; and prohibiting the sale by any person to whom water is supplied by the Board of water so supplied, except with the authority in writing of the Board.

tion of fittings.

Enabling Board to

(21.) Enabling the Board to repair such pipes or fittings so as

repair fittings at

cost of consumer.

to prevent waste of water, and to recover the cost of such

repairs from the owner or occupier of the land.

Arrangement of	(22.) Prohibiting any mode of arrangement, and the use of any fittings which may, in the opinion of the Board, cause or tend to cause waste, misuse, undue consumption, fouling, or contamination of the water.
fittings.
Inspection.	(23.) 'f he inspection of all pipes, sewers, drains, fittings, and

meters.

Licensingplumbers.	(24.) Regulating the examination and licensing of persons to perform work in connection with meters, pipes, sewers, drains, and fittings; the cancelling of such licenses, and prohibiting any other than licensed persons from fixing, altering, or repairing meters, pipes, sewers, drains, or fittings connected with the works of the Board.
(25.) Prescribing fees or charges for or in respect of licenses.
Foes.

3 EDW. Vu.] Metropolitan Water and Sew rage. [1904, No. 14.

(26.) Prescribing forms to be used for the purposes of this Act, Forms.

and modifying any of the forms contained in the

Schedules.

(27.) And for any other purposes relating to the administration Generally.

of this Act and the exercise of the powers vested in the

Board.

159. EVERY by-law Penalties for breach of by-laws.

(r.) May impose a penalty not exceeding twenty pounds for the breach thereof, and in the case of a continuing breach, a further penalty not exceeding five pounds for each day the offence continues after notice thereof has been given by or on behalf of the Board to the offender ; and

(2.) May provide that, in addition to the penalty, any expense incurred by the Board in consequence of the breach of such by-law shall be paid by the person committing such breach.

160. EVERY by-law shall, upon approval by the Governor By-laws to be approved by the

and publication in the Gore) nntent Gazette, have the force of law,

Governor and

and shall be laid before Parliament within fourteen days after such

published in

publication if Parliament is then in session, and if not, then within

Government Gazette.

fourteen days after the commencement of the next ensuing session.

In any proceeding in any Court the production of the Govern- ment Gazette containing any by-law purporting to have been made

and approved under this Act shall be conclusive evidence of such

by-law having been so made and approved.

PART XIL—GENERAL PROVISIONS.

161.      ALL notices and demands under this Act may be in Notices.

writing or in print, or partly in writing and partly in print.

162. (r.) ANY notice or demand required by this Act to be Notices and de- mands, how served.

given to or made upon any person may be served—

(a.) By delivering the same to such person ;

(b.) By leaving the same at his usual or last known place

of abode;

(c.) By forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of abode.

(2.) A notice or demand forwarded by post shall be deemed When deemed ti to have been given or made and to have been received at the time have been given when, by ordinary course of post, the letter would be delivered.

1904, No. 14.] Metropolitan Water and Sewerage. [3 Emir. VII.

•

When name of	(.) When a notice or demand under this Act is required to be given or made to any owner or occupier whose name or address is unknown to the Board, it shall not be necessary to name such owner or occupier, and such notice or demand may be served by placing it on some conspicuous part of the land of such owner or occupier, and by publishing it three times, at intervals of not less than a week between any two publications, in a newspaper usually circulating in the district.
owner or occupier
unknown.

Services on corpora- (4.) A notice or demand may be served on a corporation, or

tions. incorporated company, or the members of a partnership, by being delivered, left, or posted in a prepaid letter, the notice or demand being addressed in each case to the corporation, company, or partner- ship at the principal office or place of business thereof in the State.

ALL notices and demands duly given to or made upon

Notices binding on	163.
persons claiming

under owner or	any owner or occupier shall be binding upon all persons claiming
occupier.	by, from, or under such owner or occupier.
Notices may be

authenticated by 164. EVERY order, summons, notice, or other document

signature of chair-

requiring authentication by the Board may be sufficiently authenti-

man without seal.

cated, without the common seal of the Board, if signed by the

chairman.

Service on Board. 165. ANY summons or notice, or any writ or other proceeding

requiring to be served upon the Board, may be served upon the

chairman or secretary of the Board.

Saving of civil 166. THE institution of any proceedings, or the conviction of

remedy.	any person for any offence against this Act, shall not affect any remedy which the Board or any person aggrieved may be entitled to in any civil proceedings.
Recovery of value
of water misused,	-‘167.15 WHEN any water supplied under this Act has been
etc.	wasted, misused, or unduly consumed, the Board may recover the value thereof, as`:a debt due to them by the person who wasted, misused, or unduly consumed the same, and the remedy given by this section shall be additional to any other remedy which the Board may possess, and to the liability to any penalty which such person has incurred.
Obstructing Board

or officers in per- 168. EVERY person who obstructs the Board or any member

formance of duty. thereof, or any person employed by the Board, in the performance of any act or thing which they are respectively authorised or required to do in the execution of this Act or any by-law made thereunder, shall be liable to a penalty not exceeding twenty pounds.

to give Up posses-	Penalty for refusing 169. ANY. person having charge of any works, the property of
sion of works. the Board, who refuses, on lawful demand, to give up peaceable and

quiet possession of the same to any person entitled to possession

3 EDW. VII.1 Metropolitan Water and Sewerage. [1904, No. 14.

under the provisions of this Act, shall be guilty of a misdemeanour, and shall be liable to a penalty not exceeding two hundred pounds and to be imprisoned for any period not exceeding twelve months.

any person found committing an offence against this Act or any arrested. 170. ANY officer of the Board may, without warrant, arrest Offenders may be

by-law thereunder, if the offender refuses to give his name and

address.

171. ALL penalties and forfeitures incurred under this Act, or Summary proceed-

any by-law made thereunder, may be recovered summarily before and recovery for off"ocf"

any two or more Justices of the Peace in the manner provided by penalties.

the Justices Act, 1902, on the complaint of the Board or any officer

or servant of the Board.

or any by-law thereunder, shall be paid to the Board, and the penalties. 172. ALL penalties and forfeitures recovered under this Act, Application of

proceeds are hereby appropriated for the purposes of this Act.

173. IN any proceeding in any Local Court, or before Justices	sented by secretary
Board may be repre-

of the Peace, the secretary or any other officer of the Board may

or other officer.

represent the Board in all respects as if he were the party

concerned.

person, for anything done or purporting to have been done under Board or officers. 174. (1.) ALL actions to be brought against the Board, or any Actions against the

this Act shall be commenced within six months after the act

complained of was committed.

(2.) Notice, in writing, of the intended action, and the cause

thereof, shall be served upon the Board, or the person against whom the action is to be brought, at least one month before any process is issued, with the name and place of abode of the party intending to bring such action.

(3.) If

(a.) 'fender of sufficient amends has been made before

such process is issued ; or

(b.) The matter complained of appears to have been done under the authority and in the execution of this Act ; or

(c.) Such action is brought after the time limited for

bringing the same ; or

(d.) Such notice is not given as aforesaid,

judgment shall be given for the defendant with costs.

175. ANY person appointed under the hand of the chairman Books of Land Titles and other offices may

of the Board may, for the purposes of this Act, search the public be searehed without

fee.

1904, No. 14.] Metropolitan Water and Sewerage. [3 EDW. VII.

registers of the office of Land Titles and Registry of Deeds, or any

office of the Department of Lands, without payment of any fee.

Property of Board 176. ALL lands and works vested in or under the management

not to be taxed. and control of the Board shall be exempt from any rate, tax, or imposition which any local authority might, but for this section, lawfully levy and impose.

Proof of ownership 177. IN any legal proceedings under this Act, in addition to (l.) Evidence that the person proceeded against is rated as

or occupancy. any other method of proof available,

owner or occupier of any land ; or

(s.) Evidence by the certificate, in writing, of

(a.) The Registrar of Deeds, or his deputy, that any person appears from any memorial of registra- tion of any deed, conveyance, or other instrument to be the owner of any land ; or

(b.) The Registrar of Titles, or any assistant or deputy registrar, that any person's name appears in any register book kept under the Transfer of Land Act, 1893, as proprietor of any land ; or

(c.) The Under Secretary for Lands that any person is registered in the Department of Lands as the owner, occupier, or lessee of any land,

shall, until the contrary is proved, be evidence that such person is

the owner or occupier, as the case may be, of such land.

Minister may	178. TH E Minister for Works may exercise all the powers of
exercise powers of

Board until trans-

the Board with respect to any waterworks and sewerage works

fer of works.

constructed by him under this Act, until such works are transferred

to the Board.

Provisions 64 Viet.,

No. 8, relating to 179. ON and after the commencement of this Act, the pro-

water and sewerage

visions of the Municipal Institutions Act, 1900, relating to water

not to apply to area

supply and sewerage, shall cease to have effect within the Area

constituted by this Act.

3 EDW. VII.] Metropolitan hater and Sewerage. [1904, No. 14.

SCHEDULES.

First Schedule. Section 3.

Date. Title. Extent of Repeal.

53 Vict., No. 13	...	The Waterworks Act, 1899	The whole.
60 Vict., No. 19	...	The Metropolitan Water Works Act, 1896	The whole.
62 Vict., No. 22	...	The Metropolitan Water Works Act, 1896,	The whole.

Amendment Act, 1898

63 Vict., No. 34	...	The Metropolitan Water Works Act, 1899	The whole.
63 Viet., No. 53	...	The Fremantle Water Supply Act, 1899	The whole.

1 & 2 Ed. VII., No. 27 The Metropolitan Waterworks Amend- The whole.

ment Act, 1902

Second Schedule. Section 6.

All waterworks which, at the commencement of this Act were vested in or under the control of the Metropolitan Water Works Board under the Metropolitan. Water Works Act, 1896.

All waterworks within the Area and which, at the commencement of this Act, were vested in, maintained by, or under the control of the Minister for Works.

Third Schedule. Section 6.

Boundaries of the Area.

Hounded by lines starting from a point on the seashore situate West from the North-West corner of Perthshire Location Aw, and extending North-Easterly to the North-West corner of Location Ap ; thence East., partly along the South boundary of Location An, to the North-East boundary of Swan Location Z; thence South-East along part of the said boundary to the South corner of Reserve 3720; thence East-North-Easterly to the North-West corner of Location Q 2; thence North to the North boundary of Location 0 I.; thence East along part of that Location's North boundary to the centre of the Swan River ; thence North- Easterly along the said centre of the river to a point situate West from the South- West corner of Location 14x; thence East partly along that Location's South boundary to its South-East corner ; thence South to the centre of the Smith's Mill Branch of the Eastern Railway ; thence North-Westerly along the said centre of the Railway to a point situate North from the North-West corner of Reserve 2101; thence South to the South boundary of Location 16; thence West along part of that Location's South boundary and onwards to the East corner of Location 8; thence South-Westerly to the North corner of Canning Location 2; thence South-East along part of that Location's North-East boundary to the centre of Brockman Road; thence South-West along the centre of Brookman Road to the centre of Welshpool Road ; thence Westerly along the said centre of Welshpool Road to the centre of the Perth-Albany Road ; thence South-Easterly along the said centre of the Perth-Albany Road to a point situate North-East from the North corner of Canning Location 328; thence South-West to the said corner ; thence Westerly to the North-East corner of Location 37; thence West

along part of that Location's North boundary to the centre of the road from Perth

to Fremantle via the Lower Canning Bridge; thence South-Westerly along the

said centre of the road to a point situate North from the North-East corner of

1904, No. 14j Metropolitan Tatar and Sewerage. [3 En. VII.

Fremantle Suburban Lot 49; thence South to the North boundary of Cockburn Sound Location 10 ; thence West along part of that Location's North boundary to

its North-West corner ; thence South partly along the West boundaries of

Locations 10, 3, and 84 to the South boundary of Location 109; thence West to the Sea-shore; and thence Northerly along the Sea-shore to the starting point, and excluding the Fremantle Jetties and the North and South Moles.

Section 92. Fourth Schedule.

THE METROPOLITAN WATER AND SEWERAGE AREA.

Water [or Sewerage] District.

RATE BOOK.

Description

Oo tlfieprerNsoanmses Trade or

surname of person Name of and situation Net Annual Amount o

rated. Occupation. Owner. of rateable value. rate.

rated.

property.

Section 107. Fifth Schedule.

THE METROPOLITAN WATER AND SEWERAGE AREA.

Water [or «Sewerage] District.

NOTICE OF APPEAL.

To the Chairman of the Metropolitan Water and Sewerage Board,

Perth.

Take notice that I appeal against the valuation in the Rate Book in respect

of the undermentioned property, on the grounds stated.

Land Rated:

Grounds of Appeal.

Dated the day of ,19

(Signed)

Name

Address

3 EDW. VII.] Metropolitan Water and Sewerage. [1904, No. 14.

Section 107.

Sixth Schedule.

THE METROPOLITAN WATER AND SEWERAGE AREA.

Water [or Sewerage] District.

Notice is hereby given that the Metropolitan Water and Sewerage Board

have appointed the day of , 19 , at

o'clock in the noon, at , to hear the under-

mentioned appeals from the valuation iu the Rate Book for the year 19

APPEALS.

Dated day of , 19

Chairman.

Seventh Schedule. Section 108,

THE METROPOLITAN WATER AND SEWERAGE AREA.

Water [or Sewerage] District.

NOTICE OF APPEAL FROM THE BOARD TO THE LOCAL COURT AGAINST

VALUATION.

To the Chairman of the Metropolitan Water and Sewerage Board, and the Clerk

of the Local Court, holden at

Take notice that it is my intention to appeal from the decision of the Board

in the matter of the valuation of the undermentioned land, to the Local Court

holden at on the day of , 19 .

Description of Land:

Grounds of Appeal:

Dated the day of ,190 .

(Signed)

Name

Address

1904, No. 14.] Metropolitan Water and Sewerage. [3 Enw. VII.

Section 120.

Eighth Schedule.

THE METROPOLITAN WATER AND SEWERAGE AREA.

Water [or Sewerage] District.

WARRANT OF DISTRESS.

To and his assistants.

Whereas the persons whose names appear in the schedule are liable to pay to the the amount of rates or for water supplied set opposite their names, in respect of the land stated, and demand for payment thereof has been made in accordance with "The Metropolitan Water and Sewerage Act, 1904," and default has been made in payment : These are therefore to authorise you to make distress of the several goods and chattels in the first place of the persons named in the schedule, if resident on the land and having any goods and chattels there, and in case of change of occu- pation then upon the goods and chattels of any person who is the occupier in possession of the premises at the time of the execution of this warrant, and if, within five days next after the making of any distress under this warrant, the several sums so distrained for, including any lawful charges for levy, inventory, sale, commission, and delivery of goods in each case are not paid, then that you do sell the said goods and chattels so by you distrained, and out of the

money arising by such sale you retain the respective sums so due and owing

according to the said schedule, and render to the parties respecting whose goods you have sold the surplus (if any), and that you certify to me on or before the day of what you have done by virtue of this warrant.

Schedule.

' Amounts payable for

Names of Ratepayers. Description of Lands rated. Rates or water

supplied.

£

Given under my hand this day of , 1 9 •

Chairman.

Section 120. Ninth Sol edule.

•-

SCALES OF FEES ON DISTRESS FOR RATES.

Warrant (each person)	One shilling.
Levy...	Five shillings.
For man in possession	One shilling an hour for first three hours, and if longer detained, eight shillings a day or part of a day, together with actual travelling expenses.

For inventory, sales, commission, and delivery of Not exceeding One shilling

goods

in the pound on proceeds

of sale.

:3 Enw. VII.] Metropolitan Inter and &linage. [1904, No. H.

Section 128.

Tenth Schedule.

THE METROPOLITAN WATER AND SEWERAGE AREA.

Water [or Sewerage] District.

NOTICE.

By virtue of the provisions of the Metropolitan Water and Sewerage Act, 1904, notice is hereby given to all persons interested that the sum of .2

has now been due and unpaid for twelve months in respect of water [or sewerage] rates made and assessed [or for water supplied] by the Metropolitan Water and Sewerage Board, upon [or to] [here describe the land], and payment of the said

sum is now required; and the owner of the said property, and all other persons interested therein are hereby warned that in default of payment of the said sum of £ , together with all expenses caused by the non-payment

of the same, on or before the day of , 19

to [the person appointed by the Board to receive the same], a petition will be

presented to the Supreme Court, praying the said Court to order the said property, or a competent part thereof, to be sold, pursuant to the provisions of the said Act.

Dated this day of , 19

(Signed)

Chairman.

Eleventh Schedule. Section 128.

THE METROPOLITAN WATER AND SEWERAGE AREA.

Water [or Sewerage] District.

CERTIFICATE OF SALE.

Whereas, by an order of the Supreme Court, dated the day

of , 19 , it was ordered that [here describe the property ordered to be sold]

should be sold by public auction by me, the undersigned, and the proceeds of such sale be dealt with as in the said order mentioned: Now I, the undersigned, do hereby certify that the said property was put up for sale by public auction on the day of , 19 , and that of became the purchaser thereof for the sum of £

In witness whereof I have hereto set my hand this day

of , 19 .

(Signed)

1904, No: 14.] Metropolitan Water and Sewerage. [3 EDW. VII.

Section la Twelfth Schedule.

THE METROPOLITAN WATER AND SEWERAGE ACT, 1904.

No. Debenture £

(Total Issue £

Issued by the Metropolitan Water and Sea erage Board of Perth, Western Western Australia.

TRANSFERABLE BY DELIVERY.

This Debenture was issued by the Metropolitan Water and Sewerage Board,

of Perth, Western Australia, and is to secure to the bearer the principal sum

of pounds, payable on the day

of , 19 .

Interest on such principal sum at the rate of pounds per

centum per annum is payable in the meantime by half-yearly payments on the day of , and the day of in every year, and a coupon is annexed for each payment, which entitles the bearer of such coupon thereto.

Such principal sum and interest are payable at , and are charged ou the property and revenues of the Metropolitan Water and Sewerage

Board, and are not otherwise secured.

Dated the day of , 19

[SEAL]

(Signed)

Chairman.

Member.

Secretary.

By Authority : ALFRED WATSON, Government Printer, Perth.