Metropolitan Water and Sewerage Act Amendment Act of 1889 (NSW)
No. XVI.
An Act to make further provision for carry ing out and completing the Approved Scheme of Sewerage authorized by the "Metropolitan Water and Sewerage Act of 1880"; to provide for the valuation and crediting of Sewerage Works constructed by Municipal Councils in certain cases; to make special provision in the case of the Municipality of Redfern ; and to amend the said Act in certain respects for the better carrying out of the Approved and other Schemes of Water Supply and Sewerage thereby authorized; for the making of fresh assessments, and for
providing for appeals therefrom in certain
cases; for simplifying the recovery of rates and other moneys by the Board; for increasing the rate of remuneration paid to the Board; and for other purposes.
[30th September, 1889.]
| BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legis | lative Assembly of New South Whales in Parliament assembled, and |
| by the authority of the same, as follows :— |
| "Presc r ibed" means "Prescribed by by-laws or regulations made | under |
P A R T I . Preliminary.
1. This Act may be cited as the " Metropolitan Water and
| Sewerage Act Amendment Act of 1889 ." | I t s provisions are arranged |
| under the following Parts, viz. :— |
P A R T I . — P r e l i m i n a r y . P A R T II .—Sewerage. P A R T
I I I . — Water Supply. P A R T
I V . — General and Miscellaneous Provisions.
I n this Act the expression " Principal Act" means the " Metropolitan
Water and Sewerage Act of 1880" ; " Metropolitan "Water and Sewer age Acts, 1880-1889 , " whether used in this or any other Act, or in any by-law or regulation, or in any proceedings in any Court, means and includes the said Principal Act together with the " Metropolitan
Water and Sewerage Act Amendment Act of 1888" and this Ac t ;
" Board" means the " Board of Water Supply and Sewerage;"
u n d e r due s ta tu tory au tho r i t y ; " Min i s t e r " means t h e " Minis ter for Pub l i c W o r k s . " A n d all o ther expressions used in th is A c t shall have t he respective mean ings which they have in t he Pr inc ipa l Act .
2. The one hund red and t h i r t y -n in th section of the Pr inc ipa l
Ac t is he reby repealed.
P A R T I I . Sewerage. 3. U n t i l the Approved, or a n y other Scheme of sewerage, or a n y
works connected t he rewi th author ized b y the Pr inc ipa l A c t or th i s
Ac t , shall have been repor ted complete pu r suan t to t h e said firstmen- t ioned Act , or shall have been transferred to t he Board, t h e Governor shall , in respect to such Scheme or works, have all t h e powers of f raming by-laws conferred b y section th i r ty- four of t h e Pr inc ipa l Ac t , in relat ion to sewerage, as if he had been expressly empowered t h e r e b y ; and t h e provisions of t h a t section shall be read as if t he word " G o v e r n o r " were the re in subs t i tu ted for t he word " B o a r d , " b u t only in respect to t he f raming of by- laws re la t ing to sewerage, as expressed in sub-sections th i r t een to s ixteen of section th i r ty- four of t h e said Act , bo th inclusive. The powers conferred by th is section shal l no t prejudice t h e powers of the Board in respect to any sewerage works vested in t he Board.
4>. The Minis te r m a y cause a n y vent i la t ing shaft, pipe, or t u b e
for any sewer or dra in to be a t tached to any wal l of any bu i ld ing w i th in any Sewerage Distr ict , b u t t h e m o u t h of every such shaft, pipe, or t u b e shall be a t least six feet h igher t h a n the h ighes t po in t of t h e roof of such bui lding, and be d i s tan t in a horizontal direction not less t h a n t h i r t y feet from any door or window of t he same or a n y other
bui ld ing . The Minis ter shall defray all expenses in t he exercise of
t h e powers conferred by th is section wi th regard to m a i n and b r a n c h
sewers and drains const ructed b y h i m under t h e au tho r i t y of t h e
Pr inc ipa l or th is Act , and in t h e exercise of such powers t h e Minis te r
shall do as l i t t le damage as possible and shal l m a k e full compensat ion
to all persons in teres ted for airy damage sustained b y t h e m by reason of t h e exercise of such powers. 5. As soon as a n y sewer, in a n y s treet or o ther place w i th in
any Sewerage Distr ict , shall be completed so as to be ready for receiving
sewage, a n d shall have been t ransferred to t h e Board, t h e Board m a ydemand t h a t the owners or occupiers of any house, t enemen t , or lands dra ined or capable in t h e opinion of t h e Board of being drained in to any such sewer, shall cons t ruc t such drains , c is terns, and fitt ings from, and in connection wi th , such house, t enemen t , or lands to commu nica te wi th such sewer, as t h e Board m a y de te rmine ; and such demand m a y be made by giving the prescr ibed not ice thereof to a n y such owner or occupier, or by leaving or exh ib i t ing t h e same a t or on such house , t enement , or l a n d s ; and such drains, cisterns, and fitt ings shall be m a d e and a t t ached a n d be supplied wi th wa te r according to such plans and directions as t he Board shall deem proper for effectually ca r ry ing off all impur i t ies from t h e said house , t enemen t , or lands .
0. (i) The Board may , after g iv ing t h e prescribed notice to t he owners or occupiers of any house , t enement , or lands, requi re such drains, cisterns, and fittings to be made , constructed, and a t tached by such owners or occupiers wi th in such t i m e as they m a y l imi t in t h a t
behalf, and m a y requ i re vent i la t ing shafts, pipes, or tubes to be a t tached
to the wall of any bui ld ings and to be connec ted wi th t he par t s
of
of such buildings or premises or the drains thereof from which, in the Board's opinion, any impurities ought to be carried off. And if the same shall not be made within such time, or according to such plans and directions as the Board shall deem proper, the Board may make, construct, and attach the same; and for that purpose may enter into or upon the house, tenement, or lands of any such owner or occupier, and excavate the ground, and make, construct, and attach such drains, cisterns, and fittings in, along, over, or against such house, tenement, or lands, and may attach and connect such ventilating shafts, pipes, or tubes as aforesaid.
(ii) 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 Bate, the full amount of the expenses of making such drains, cisterns, or fittings, or attach ing or connecting such ventilating shafts, pipes, or tubes; hut no proceedings for the recovery of the said amount shall be taken until default shall have been made in payment thereof for twenty-one days after the prescribed demand by the Board for such payment shall have been given to the owner or occupier in default, or shall have been posted on the house, tenement, or lands in respect of which any such drain, cisterns, or fittings, or such ventilating shafts, pipes, or tubes shall have been made, constructed, attached, or connected.
7. "Where any drain has been made or shall hereafter bo made to communicate with any sewer constructed by the Minister or with any sewer communicating with such last-mentioned sewer, or with any other sewer whatsoever, any engineer, surveyor, or other person duly authorized by the Minister may, at any time between sunrise and sunset, 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 Minister shall cause the same to be properly laid at the expense of the owner of such drain, such expense to be recoverable in like manner as penalties are recoverable under the Principal Ac t ; but if the said drain shall be found to have been properly laid, the expense of inspection shall be borne by the Minister.
8. (i) Every person who shall erect, construct, or place any building, Avail, bridge, fence, or obstruction, in, upon, over, or under any sewer or drain, so as to interfere with or injuriously affect such sewer or drain in the carrying away of storm water, sewerage, or drainage, and every person who shall obstruct, till in, close up, or divert, any sewer or drain without the previous consent in writing of
| be liable, forfeit and pay a sum not exceeding twenty pounds for every | the Minister, shall, in addition to any other penalty to which he may |
| 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 Minister to such person, to be recoverable in like manner as penalties are recoverable under the Principal Act. | |
| (ii) The Minister may demolish and remove any such building, wall, bridge, fence, obstruction, or encroachment, and perform any works necessary for restoring or reinstating such sewer or drain; and the person erecting such building, wall, bridge, fence, or causing such obstruction, or making such encroachment, or obstructing, filling in, closing up, or diverting such sewer or drain, as the case may be, shall also pay the expense of removing such wall, bridge, fence, or abating such obstruction, or encroachment, or of reopening, restoring, repairing, or reinstating such sewer or drain. |
( I I I ) Nothing in this section contained shall prevent or
impede the maintenance, repair, or removal of any buildings or works under which a sewer or drain has been or may be constructed, but so, nevertheless, that such buildings or works shall not injure or
| obstruct such sewer or drain. | 9. |
9. Al l cont rac ts , assessments, ra tes , and charges heretofore made or s t ruck for or in respect of sewerage by t h e Munic ipa l Counci l of t he city of Sydney or Redfern, or by the Counci l of any Munic ipa l i ty s i tua ted w i th in t he coun ty of Cumber land , shall, to all i n t en t s and purposes , be as b ind ing on all par t ies there to or affected the reby as if t h e same had been made by t h e Board, a n d all such ra tes shall be recoverable as Sewerage B a t e s p u r s u a n t to section one h u n d r e d a n d five of t h e P r inc ipa l Act . Provided tha t no such contracts , agreements , or ra tes shal l be b ind ing on t h e Board after t he thirty-first day of December ,
one thousand e ight h u n d r e d and e igh ty-n ine .
10. No twi ths t and ing a n y t h i n g in t h e Pr inc ipa l or th i s Act , any
works for sewerage which t h e Board are empowered to car ry out , p u r s u a n t to P a r t V of t h e Pr inc ipa l Ac t , m a y be carried out by t h e
Minis ter , or b y any au thor i ty empowered b y s t a tu t e to carry ou t any P u b l i c W o r k ; b u t t h e provisions for t h e t ransfer of a n y such works w h e n complete to a local au thor i ty contained in such P a r t shal l no t be carr ied out , unless t h e Board, by wr i t ing addressed to t h e Governor ,
r ecommend such t ransfer . 1 1 . If, i n car ry ing out the sewerage of any Munic ipa l i ty , o ther
t h a n the ci ty of Sydney, s i tuated w i th in t h e county of Cumber land , in , connect ion wi th t he Apj)roved or a n y other Scheme, t h e Minis ter shal l be of opinion t h a t any sewerage works heretofore cons t ruc ted by t h e Counci l of such Munic ipa l i ty m a y be beneficially worked in and used in connect ion wi th such scheme he may direct t h a t t he Council of such Munic ipa l i ty shall be credited, on accoun t of t he cost of t h e works to be const ructed by h i m in connect ion wi th such Scheme, by such a m o u n t as he shal l consider the works constructed by such Counci l shall lessen such cost. A n y sums so credited may be paid in l iquida t ion of a n y s u m or sums of money borrowed by such Counci l on secur i ty of t he sewerage works const ructed by t h e m and t aken over by t h e Minis ter , or m a y be paid to such person or persons, corporation, or o ther body, in such m a n n e r and subject to such t e rms and condit ions as t h e Minis ter shall require .
12. I n respect to t he sum of t h i r t y thousand pounds raised by t h e Mun ic ipa l Council of Redfern and agreed to be t aken over by the Minis ter for t he purpose of ca r ry ing out , u n d e r his direct ions, t he sewerage of t h e Munic ipa l i ty of Redfern in connection w i t h t he said Approved Scheme, t he liabilities of t he said Council for a n d in respect of all p a y m e n t s for in teres t and pr incipal due and to become
of t h e said Counci l upon which t h e said s u m was borrowed, shal l be due by such Council to t he holders of t he debentures or o ther securit ies t ransferred to and be a charge on t h e Consolidated R e v e n u e B u n d , to be discharged from t ime to t ime as t he same shall accrue by paymen t s to be made by the Colonial Treasurer to the Council of t he said Munic ipa l i ty , for which p a y m e n t s t h e receipts of t he proper officer of such Council shall be a sufficient d ischarge to the said Treasurer , and a sufficient compliance wi th t he r equ i r emen t s of this section, so far as such p a y m e n t s shall ex tend. B u t no twi ths t and ing a n y t h i n g in
this section to t h e cont rary , the Governor m a y author ize t he conversion of t he debentures or o ther securit ies for t he p a y m e n t of t h e pr incipal and interest of such sum of th i r ty t housand pounds by t h e Counci l of t he Munic ipa l i ty of Redfern, in to debentures or o ther publ ic securit ies of t he G o v e r n m e n t of th i s Colony, upon such t e rms and condit ions as he m a y impose, provided t h a t such converted debentures or securit ies do no t bear in teres t exceeding four per c e n t u m per a n n u m . U p o n such author iza t ion be ing publ ished in t he Gazette, effect shal l be given to t h e same as in t he case of a loan for publ ic purposes sanct ioned by
the Legis la ture .
1 3 . W h e n e v e r t h e Governor , by proclamat ion in t he Gazette,
shall declare t ha t t he provisions of th is section shall come into force in respect of any works in such proc lamat ion ment ioned or any por t ion thereof, which shall have been reported comple te to h i m by the Minis te r the re shall be t ransferred to and be vested in t h e Board absolutely, b u t on behalf of H e r Majesty—•
(a)
The proper ty in, and control and m a n a g e m e n t of, all sewers, gu t te rs , drains , and storm wate r connections, inc lud ing all gul leys heretofore vested in t h e Munic ipa l Counci l of t he city of Sydney or Redfern or in any Borough or Munic ipa l Dis t r ic t or Corporat ion wi th in t h e coun ty of Cumber land , toge the r wi th all bui ld ings , works , mater ia l , plant, books of account , documents , and papers , and all other proper ty whatsoever connected therewi th and unde r t h e control or custody of such Counci l , Borough, Munic ipa l Distr ict , or Corporation, or of any officer thereof or other person, and used for, wi th , or in relat ion to t he sewerage of such City, Borough, Munic i pal Distr ict , or Corporat ion. Provided t h a t n o t h i n g here in contained shall pre judice or affect the obligations of the said Mun ic ipa l Council of the city of Sydney or Redfern, or the Council of any such Borough, Munic ipa l Dis t r ic t , or Corpora tion, wi th regard to const ruct ion, repair , ma in tenance , renewal , or c leansing any such gut te rs , drains, storm wate r connect ions, or gulleys, b u t such obligations shall a t t a ch to every such Council and be a charge upon i ts munic ipa l rates and revenues as fully and effectually as if th i s A c t had no t been passed.
(b) Al l real and personal proper ty , of w h a t k i n d soever, be ing wi th in t h e l imits of any Munic ipa l i ty or place other t h a n the city of Sydney or Redfern, and acqui red or used for the purposes of sewerage which, before t h e pass ing of th is Act , was vested in or unde r the control and m a n a g e m e n t of the Council of such Munic ipa l i ty or of the Mun ic ipa l Council of
t h e ci ty of Sydney or Redfern.
(i) All lands acquired, resumed, granted, or dedicated for or in connect ion wi th sewerage purposes , toge ther with al l works , bui ld ings , drains , pipes, p lan t , machinery , and all ma te r ia l Avhat- soever used therewi th , and all personal proper ty Avhatsoever be ing on any such lands or on any other lands , and used in con nect ion wi th scAverage purposes (save and except such service-
pipes as have been laid at the cost of any OAvner or occupier of
p remises ) ; and all t h e es ta te or in teres t of t he Mun ic ipa l Council
of t he said ci ty of Sydney or Bedfcrn or of any other Council or A u t h o r i t y AvhatsoeArer in any such real or personal p roper ty shall be t ransfer red to and be absolutely A r ested in t he Board.
(11) The Avhole a m o u n t of moneys and securities for money be ing to t he credit of, or available for, t h e SeAverage F u n d according to t h e books of t h e Mun ic ipa l Council of t h e city of Sydney or Bcdfe rn or of a n y other Counci l or Au thor i ty shall , upon such proclamat ion, bo t ransferred to, and b e c o m e t h e proper ty of t he Board on behalf of H e r Majesty : A n d all debentures issued by the Counci l of t he said ci ty or of any Munic ipa l i ty for scAverage purposes, toge ther wi th all obligations annexed thereto, and the b u r t h e n and beneii t of all laAvful contracts entered into by a n y such Council for or in connection the rewi th , or wi th seAvcragc or d r a i n a g e , shall , respec
t i v e l y , be a c h a r g e on t h e Consolidated B e v e n u c Bund , and a t t a c h to t h e Board.
14. NotAAdthstanding a n y t h i n g in this or t he Pr inc ipa l Act ,
t h e Governor m a y author ize and empower t h e Minis te r to carry out any Avorks for t h e seAvering of any Munic ipa l i ty or place wi th in the
county
county of Cumber land , whe the r such works shall be connected wi th t h e Approved Scheme of sewerage or not . A n d t h e Minis ter , when
so author ized shall , for t h e purposes of th is Act , have all powers for purposes of construct ion or au thor iz ing t h e const ruct ion of works and r e sumpt ion of land as are vested in h i m by the Pr inc ipa l Act as amended and ex tended by th is Act .
15. (i) W h e n any work or port ion of a work const ructed u n d e r
t he au tho r i t y of t h e Minis te r shall be t ransferred to t h e Board, all powers of m a k i n g , collect ing, and enforcing sewerage rates a n d all powers conferred on the Minis te r by t he Pr incipal or th i s A c t in relat ion to any sewer, dra in , bui ld ing, or work connected wit l i the Approved Scheme or any other Scheme or W o r k , or a n y port ion thereof, and all o ther adminis t ra t ive powers in connect ion wi th t he said work or por t ion so t ransferred, save as hereinaf ter provided, b u t inc lud ing t h e power conferred on t h e Minis te r by section t en hereof, shall be exercisable by t he Board and no t by t he Minis ter . Provided tha t un t i l the Approved Scheme, or any o ther Scheme or W o r k , or any such port ion thereof as aforesaid, shal l have been reported complete , p u r s u a n t to t he Pr inc ipa l Act , the Minis ter shall be empowered to exercise all powers in relat ion to such work or por t ion thereof vested in h i m by the Pr inc ipa l A c t as amended and ex tended by this Act , so far as such powers relate to construct ion, repair , ma in ta inance , or renewal . Provided, fur ther , t h a t t h e Minis ter m a y author ize a n d empower t h e Board to carry out a n d exercise all such powers as last aforesaid, or any por t ion or por t ions thereof which he may t h i n k fit, and the reupon all t h e powers and author i t ies vested in t h e Minis te r in connect ion w i t h t h e same shall be vested in and exercisable by t h e Board as well as by the Minis ter .
( n ) U p o n the Approved Scheme, or any o ther Scheme or W o r k , or any such por t ion thereof as aforesaid, being so repor ted complete , all powers conferred on the Minis te r by t h e Pr inc ipa l or th i s A c t in re la t ion to any sewer, dra in , bui ld ing, or work connected w i t h such Scheme, or such other Scheme or W o r k , or port ion thereof as aforesaid, shal l cease to be exercised by t h e Minis ter , and shal l be exercised by the Board.
( i n ) Al l t ransfers authorized by this section shall be notified in the Gazette, and the Gazette notification con ta in ing a description of any work or por t ion of a work t ransferred to the Board shal l be conclusive evidence of the fact of such work or port ion thereof
hav ing been lawfully transferred pu r suan t to this section. P A R T I I I . Water Supply.
16. As soon as any wa te r m a i n shall be ready to d is t r ibute
wa te r to any s treet or place w i th in a n y W a t e r Distr ict , t h e Board m a y demand t h a t the owners or occupiers of any house, t enement , or lands shal l cons t ruc t such connections and fittings from and in con nect ion wi th such house , t enemen t , or lands , to c o m m u n i c a t e w i t h such main , as t h e Board m a y d e t e r m i n e ; and such demand m a y be made by giving t h e prescr ibed not ice thereof to such owners or occupiers, or by leaving or exh ib i t ing t h e same a t or on such house, t enemen t , or lands ; and such connections and fittings shal l be m a d e a n d a t t ached according to such plans and directions as t he Board shall
deem proper .
1 7 . The Board, w i th t h e approval of t h e Governor, m a y sell,
t ransfer , and convey any lands or o ther proper ty t rans fe r red ' to or vested in t h e m by or unde r t he " Metropol i tan W a t e r a n d Sewerage Acts , 1 8 8 0 - 1 8 8 9 , " and any lands now or hereafter to be resumed or acquired by or on behalf of the Crown for or in connect ion wi th the Approved Scheme of W a t e r Supply (not be ing required for such Scheme, nor be ing lands s i tuated wi th in t he Ca tchmen t Area) for such sum, upon such t e r m s and conditions, and general ly as t he Governor m a y approve. A n d may , w i th t he l ike approval , and upon the l ike t e r m s and condit ions as aforesaid, lease any such lands as aforesaid. Al l moneys , rent , and royalt ies payable in respect of any l and so sold or leased shal l he subject to the provisions of t h e thirty-first section of
| t he Pr incipal | Ac t . |
1 8 . The powers to cut off water conferred on the Board by
section seventy- three of the BrincipalAcfc may , in addit ion to the cases in such section ment ioned, be exercised by the Board in any case where any person shall refuse or neglect to pay to t h e Boai'd on demand any ra te , charge , or s u m due to t h e Board for or in connect ion wi th W a t e r Supply or Sewerage.
B A B T I V .
General and Miscellaneous Provisions.
1 9 . No twi ths t and ing a n y t h i n g in t he " Met ropol i tan "Water
| and | Sewerage Acts , 1 8 8 0 - 1 8 8 9 , " the Governor shal l by | proc lamat ion , |
to be publ ished in t he Gazette, de f ine t he boundaries of the Metropol i tan "Water Distr ict for t he purpose of ca r ry ing out the author ized scheme of AVater Supply for t he ci ty of Sydney and its suburbs , and such proclamat ion shall, w h e n so publ ished, have the same force and effect in all respects as if t h e same had been made pu r suan t to t he Pr inc ipa l Act . A n d it shall be lawful for the Governor, from t ime to t ime , by a l ike proclamat ion, to alter or amend t h e boundaries of any "Water or Sewerage Dis t r ic t .
2 0 . I n addi t ion to t he lands and t enemen t s ment ioned in t he
Pr inc ipa l Act , all houses, t enemen t s , or lands vested in t he Crown, or in any Corporation, person, body of persons, or o ther au thor i ty on behalf of t h e Crown, and all houses , t enements , or lands in t h e
| persons , or au thor i ty as aforesaid, shall be deemed to be ra table | occupat ion of t he Crown, or of any such Corporat ion, person, body of | |
| proper ty Avithin t he m e a n i n g of t h a t Act , and shall be in all o ther respects subject to t he provisions of t he " Met ropo l i t an AVater and Sewerage Ac t s , 1 8 8 0 - 1 8 8 9 " ; and t h e exempt ion from rates , taxes , and assessment conta ined in t h e seventeenth section of t h e " Govern m e n t Ra i lways A c t of 1 8 8 8 " shall no t apply to AArater ac tua l ly supplied b y the Board to t he Commissioners for Ba ihvays for t h e use of or in connect ion wi th t h e rai lways and t ranrways vested in t h e said | ||
|
2 1 . I f t h e Minis ter shall a t any t i m e deem it necessary to raise,
sink, divert , or o thenvise al ter the position or l e v e l of any wa te r or gas pipes, mains , p lugs , or o t h e r Avater-Avorks or gas-works laid in or u n d e r a n y street , he may , by notice in wr i t ing , requi re t h e person or persons, corporation, or o ther au thor i ty in AAIIOUI such Avater-Avorks or gas-Avorks are vested, to raise, sink, divert , or o t h e n v i s e a l ter t he posit ion or l e v e l thereof in such manner , and wi th in such reasonable t i m e as shall be specified in such notice, and the expenses incurred in respect of any such a l tera t ion shall be paid by t h e Minis ter . I f
such
such not ice shal l no t be complied wi th , t h e Min is te r m a y cause t h e
requ i red al terat ions to be made , b u t no such al terat ion shall be made
w h i c h will pe rmanen t ly injure such pipes, mains , p lugs , or works , or impede or affect t h e flow of t he water or gas.
22. F o r t h e purpose of ca r ry ing out any work author ized by t h e
" Met ropol i tan W a t e r and Sewerage Acts , 18S0-1889 ," t he Min is te r shall by himself, or a n y officer or person author ized b y h im, have power to enter on any house, t enement , or land, a t any t ime be tween sunrise a n d sunset for t he purpose of inspect ing any sewer, drain, or work constructed, or in course of cons t ruct ion , or about to be con
s t ruc ted by t h e Minis ter .
23 . I n any case where , p u r s u a n t to sections one h u n d r e d and
e ighteen, one hund red and nineteen, and one hund red and twen ty of t h e P r inc ipa l Act , t h e Board are authorized to enter upon cer ta in
lands , t h e Minis ter may enter upon any lands whatsoever , w h e t h e r a
garden, orchard, p lan ta t ion , park , p lan ted walk , avenue , or g round ornamenta l ly p lanted, and w h e t h e r such lands be wi th in a dis tance of one h u n d r e d yards of t h e mans ion house of t h e owner of such lands or not , and m a y t ake such lands on lease wi th or wi thou t t he r igh t of purchase , for t he purpose of cons t ruc t ing or pro tec t ing a n y author ized
work . If t he Minis ter a n d t h e owner of such lands cannot agree w i th in n ine ty days from t h e da te of en t ry by t h e Minis te r on such lands as to the t e r m of, or t he r en t to be reserved upon , such lease, t h e a m o u n t of purchase money to be paid in case a r i gh t of purchase is there in s t ipulated for, and a n y o ther t e rms and conditions to be there in contained, t h e m a t t e r shall be finally de termined by the Chief J u d g e in E q u i t y , u p o n an application by e i ther p a r t y to h im, and subject to such condit ions as he shall impose, and such de te rmina t ion shall be b ind ing on b o t h part ies, and all persons c la iming t h r o u g h or u n d e r
t h e m , and m a y be enforced in every respect as a j u d g m e n t of t he
Supreme Cour t . 24. W h e r e a n y author ized work occupies t h e site of, or is cons t ruc ted on or a long, any portion of a road or publ ic thoroughfa re , i t shal l be lawful for t h e Minis te r to m a k e in sections, as t h e work proceeds, a road or roads, thoroughfare or thoroughfares sufficient for t h e traffic, in subs t i tu t ion of any such first-mentioned road or
thoroughfare , a n y t h i n g to t h e cont ra ry in section one h u n d r e d a n d
twen ty -one of t he P r inc ipa l A c t no twi ths tand ing . 25 . Al l informat ions , complaints , or o ther legal proceedings
u n d e r the " M e t r o p o l i t a n W a t e r and Sewerage Acts 1 8 8 0 - 1 8 8 9 , "
or unde r any by- law made unde r any of t he said Ac t s , m a y be laid, made , a n d t a k e n in t h e n a m e of t he Board of W a t e r Supply and Sewerage, by t h e Secretary, for t h e t ime being, of such Board, or any other du ly appoin ted officer of such Board.
26. The n i n t h section of t h e Pr inc ipa l Ac t is hereby amended ,
to t h e i n t en t and in order t ha t , instead of t h e year ly s u m of One
h u n d r e d and fifty pounds the reby made payable to every m e m b e r of t he Board o ther t h a n t h e Pres ident , t h e s u m of Two hundred and fifty
pounds shall , af ter t h e pass ing of th is Ac t , be t he yearly r e m u n e r a t i o n au thor ized to be paid to every such member .
27. I n addi t ion to t h e purposes for which by-laws may be m a d e ,
ment ioned in section th i r ty- four of the Pr inc ipa l Ac t , the Board m a y
m a k e , al ter , and repeal by-laws (i) For regulating the purposes for which any pipes, drains, or sewers shal l be used or appl ied—
( n )
F o r r egu la t ing t he dimensions , mater ia l , form, const ruct ion,
and a r r a n g e m e n t of, and t h e ma in t enance or a l t e ra t ion of vent i la tors for pipes, drains, a n d sewers—
( i n )
(iii) For regulating the disinfection and cleansing of, or otherwise dealing with any substance or matter before the discharge thereof into any drain or sewer—
(iv) For determining, making, and levying the rate or extra rate or scale of charges to be paid in respect of lands or premises on which any one or more head of horses or cattle shall be kept or maintained, whether such lands or premises are actually supplied with water from the main or are otherwise ratable or not—
(v) For determining, making, and levying, the rate to be paid in respect of lands, tenements, and hereditaments to be supplied with water as provided in section number thirty-four of the Principal Act, where such lands, tenements, or hereditaments are not included in any valuation by the Municipal Council of the city of Sydney, or Redfern, or of any Borough or Municipal District, or where such lands, tenements, or hereditaments have been for the time being valued by the said Municipal Council of the city of Sydney, or Redfern, or by such Borough or Municipal District respectively at a sum less than the true value thereof.
(vi) For regulating the mode in which water shall be supplied to premises, and whether by meter or not.
28. Notwithstanding anything in the Principal Act to the con trary it shall be lawful to make any conditional or other sales of Crown Lands situated within any Water or Sewerage District, not being portion of any catchment area already proclaimed, or hereafter to be proclaimed under the Principal Act as amended by this Act.
29. Notwithstanding anything contained in section thirty-four of the Principal Act, the by-laws of the Board published in the Gazette on the twelfth day of October, one thousand eight hundred and eighty- eight, and the twenty-fifth day of July, one thousand eight hundred and eighty-nine, respectively, shall have the same force and effect for the recovery of all rates, charges, and sums thereby imposed and made payable to the Board as if the same had been published in the Gazette before the first day of July, one thousand eight hundred and eighty- eight. Provided that nothing herein contained shall prejudice or affect any legal proceedings taken before the passing of this Act.
30. Notwithstanding anything contained in the Principal Act
or in the " Small Debts Recovery Act," tenth Victoria, number ten,
all rates and charges for water or for sewerage and all charges for work
done by the Board in accordance with the " Metropolitan Water and
Sewerage Acts, 1880-1889," or any by-law made thereunder, and in connection with water supply or sewerage, where the amount sought to be recovered does not exceed the sum of ten pounds may be sued for and recovered under the provisions of the " Small Debts Recovery Act," tenth Victoria, number ten, in addition to the mode of recovery pro vided by section one hundred and forty-nine, or any other section of the Principal A c t : Provided that for all purposes of prohibition and appeal every decision or judgment given under the authority of this section shall be deemed to be an order made by Justices in their summary jurisdiction.
31. I n any case in which any lands, tenements, or heredita
ments, which would be liable for the payment of rates under the provisions of the Principal Act, if the same had been included in any valuation by the Municipal Council of the city of Sydney, or Redfern, or of any Borough or Municipal District, are not included in any such valuation, and in any case in which any valuation of such lands or tenements during the same, or the previous year, by the Municipal
Council
Counci l of t h e c i ty of Sydney, or Bedfern, or of t he Borough or Mun ic ipa l Dis t r ic t respect ively in wh ich such lands or t enement s are s i tuated, is no t t h e t rue va lue thereof a t t h e t ime of t he va luat ion thereof by t he Board as hereinaf ter ment ioned , by reason of t h e same hav ing been incomplete , or otherwise of less va lue a t t h e t i m e of t h e
va lua t ion thereof by such Munic ipa l Counci l of t h e city of Sydney,
or Bedfern , or Borough, or Mun ic ipa l Distr ict , t h e Board m a y cause a va lua t ion of such lands , t enemen t s , or he red i t amen t s respect ively to be m a d e from t ime to t ime and for such t ime as t h e same shall be va lued a t less t h a n t h e t r u e va lue thereof as aforesaid, and m a y
f rom t ime to t ime de termine , m a k e , and levy t h e ra te to be paid in respect of such lands, t enements , or he red i taments : Provided t h a t such r a t e and the powers hereby conferred upon the Board shall be in all o ther respects subject to t h e provisions of t h e Pr inc ipa l A c t : Provided fur ther , t h a t if in a n y case a Borough or Munic ipa l Dis t r ic t shall be incorporated d u r i n g any cu r ren t half-year for wh ich a r a t e has a t such t ime been determined and made by the Board unde r this section, t h e assessment of t h e Board shall be t he ra te u n t i l t h e end of such cu r r en t half-year . The enac tmen t s conta ined in t he six following subsect ions shal l be appl icable in respect to any such a s s e s s m e n t : —
(i) The Board shall, as soon as practicable, cause notice of the a m o u n t of any such assessment of t he Board to be served upon t h e respect ive premises assessed whe the r occupied or not .
(II) A n y occupier or owner of such premises may , wi th in fourteen days after t h e service of such not ice as aforesaid appeal aga ins t such assessment, and shal l for such purpose and before t he expira t ion of such fourteen days, serve a t t h e office of t h e Board a notice in wr i t ing of his in ten t ion to appeal , s ta t ing t h e grounds of such appeal .
( i n ) Such appeal shall be heard before two or more Jus t i ces in P e t t y Sessions held within t he P e t t y Sessions Dis t r ic t in or neares t to which t h e proper ty is s i tuated on some day to be f ixed by the Board. Not ice of t he day a n d place of t h e hea r ing of which appeal shall be publ ished b y adver t i sement in the Gazette, a n d in one or more Sydney newspapers , and in some newspaper publ ished or c i rcula t ing in or neares t to such P e t t y Sessions District a t least seven clear days before t h e hea r ing of such appeal , and such Jus t i ces shal l have power
t h e premises as t he just ice of t he case m a y require , and such to hear and de termine the same, and to award such relief in decision shal l be final and conclusive as regards the m a t t e r of such a p p e a l ; and t h e Assessment Book of t he Board shall, if necessary, be amended in accordance wi th such decision. (iv) N o appeal shall be en te r ta ined unless such not ice shall have been given as aforesaid; and , if on t he hea r ing of any such appeal , t h e Jus t i ces shall be of opinion t h a t t he same is frivolous or vexat ious , t hey m a y award such costs, no t exceeding two pounds , as they m a y th ink fit against t h e appel lant , which may be recovered by t h e Board in t he same
m a n n e r as costs in any proceedings before Jus t i ces . (v) After the expiration of the fourteen days so prescribed as aforesaid wi thou t any not ice of appeal , or u p o n the decision of any such appeal , and the necessary al terat ions (if any) be ing made in t he Assessment Book of t he Board, t h e same shall be confirmed by the Board, and signed by t h e Pres ident or Vice-Pres ident for the t ime being, and shall t he r eupon be
t h e
t h e Assessment Book of the Board un t i l a new ra te he m a d e and new Assessment Books be completed and confirmed in
m a n n e r aforesaid. (vi) A n y occupier of proper ty who, on t h e reques t of a n y valuer appointed by the Board to m a k e such va lua t ion as aforesaid (who is hereby author ized to m a k e such inquiries) refuses or wilfully omits to disclose, or wilfully missta tes to such valuer t h e n a m e of t he owner of such proper ty , or of t he person receiving or author ized to receive t he rents of t h e same, or a n y t h i n g required for or calculated to affect such assessment as aforesaid, or any owner of p roper ty who, on the request of such valuers as aforesaid, shall refuse or wilfully omit to disclose, or wilfully miss ta te , a n y t h i n g required for or calculated to affect such assessment as aforesaid, shall for every such offence be liable to a penal ty not exceeding five pounds .
32. The copy of or ex t rac ts from any va lua t ion , ra te , or assess m e n t for t h e ci ty of Sydney, or Bedfern , or for any Borough or Munic ipa l Dis t r ic t w i th in t he coun ty of Cumber land , made by any Officer of t he Board, as provided by section fifty-two of the Pr incipal Act , shall be entered in t h e Assessment Book of t he Board, and such en t ry shall , w h e n complete, be signed by the President or Vice- Pres ident of the Board, and all entr ies made in such Assessment Book as herein provided upon product ion thereof by any officer author ized in t h a t behalf by t h e Board shall, w i thou t any other evidence t h a t t he requ i rements of t he '"' Met ropol i tan W a t e r and Sewerage Acts 18S0-1889 , " have been complied wi th , be received in all Courts as prima facie evidence of t he facts therein conta ined.
33 . No twi th s t and ing t h e proviso to t he s ix ty- four th section of
t he Pr inc ipa l A c t t he costs of t he fire-plugs and notices there in ment ioned , and the expenses of fixing a n d ma in t a in ing the same in repair , shall be defrayed by the Board and no t by t h e Counci l of the City, Borough , or Munic ipa l Distr ict wi th in t he boundar ies of which such p lugs are fixed.
3 1 . I n addit ion to t he officers and o ther persons ment ioned in
| section twen ty -e igh t | of the | Pr inc ipa l Ac t , i t shall be lawful for the |
| Board by wr i t ing u n d e r the i r common seal | to author ize | and | appoin t |
any B a n k i n g Company . Munic ipa l Council , or o ther corporation, person, or persons w h o m they m a y th ink fit to collect any ra tes , charges ,
| or sums of money due to t h e Board, subject t o such bonds, guaran tees , and o ther conditions be ing given or entered in to as the Board m a y | prescribe, and to allow such remunera t ion by a pe rcen tage on the |
| amoun t s collected or otherwise as t he Board m a y t h i n k lit and the Minis te r may approve of. |
No . X V I I .
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