Metropolitan Water and Sewerage Act of 1880 No 18a (NSW)
No. XXXII.
An Act to provide for the Water Supply and Sewerage of the City of Sydney and its Suburbs. [IQth June, 1880]
| T T T H E R E A S | it is expedient to m a k e adequa te provision for supply- |
| V V | i ng wi th W a t e r t he City of Sydney and its Suburbs and | for |
the Sewerage thereof Be it therefore enacted by the Queen ' s Most Exce l l en t Majes ty by and with the advice and consent of t he Legislal ive Council and Legislat ive Assembly of N e w South W a l e s in P a r l i a m e n t assembled and by the au thor i ty of the same as follows t h a t is to say :—
P A R T I .
| Introductory | Provisions—Constitution | powers and duties of the | Board |
of Water Supply and Sewerage— Water and Sewerage Districts—
Appointment of Officers—By-laws SfC.
1. This Ac t may be cited as t he " Met ropol i tan W a t e r and
| Sewerage Ac t of 1880" | I t s provisions are a r r anged unde r Seven Pa r t s |
ss 111-153.
embrac ing the following subjects viz. :—•
P A R T I .— In troductory Provisions—Constitution powers andduties
of Board of Water Supply and Sewerage—Water and
Sewerage Districts—Appointment of Officers—By-laws— SS. 1-38.
P A R T I I . — Water Supply—ss. 39-90.
P A R T I I I . — S e w e r a g e — s s . 91-110.
P A R T I V . — General provisions as to the acquisition and occupation
of Bands for the purposes of Water Supply or Sewerage—
Compensation for damage or injury how ascertained—ss. 117-133.
P A R T V.—Appl ica t ion of Act to certain Boroughs and
Municipal Districts—ss. 131-130.
P A R T VI .—Prov i s ions for contingent transfer of Water and
Sewerage Works—ss. 137-110.
P A R T VI I .—Misce l l aneous Provisions as to Begat Procedure
2. I n t h e cons t ruc t ion of th is A c t t h e following words a n d
expressions in inver ted commas shall unless there be someth ing in t h e subject or contex t r e p u g n a n t the re to or inconsis tent therewi th bear
t h e mean ings and inc lude t h e persons or t i l ings he reby respect ively set agains t such words and expressions t h a t is to say—
" C a t c h m e n t area " — T h e dra inage area of t he s t reams and o ther sources of wa te r supply included wi th in boundar ies to be procla imed unde r th i s Act for t h e purpose of providing wa te r for any wa te r district .
" Condui t " — T h e canals t u n n e l s aqueduc t s cu t t i ngs or pipes to be constructed unde r t he provisions of th i s A c t by means of which t h e m a i n s t ream of water is supplied to t he City and Suburbs of Sydney.
" Governor " — T h e Governor wi th t he advice of t h e Execu t i ve Council .
" Jus t i ce " — A n y Jus t i ce of t he Peace .
" Minis ter " — T h e Secretary for Pub l i c W o r k s or o ther Responsible Minis ter "of t he Crown charged wi th t he adminis t ra t ion of
th is Act .
" Owner " — A n y person who is in t h e receipt of t h e r en t s a n d profits of any house manufac to ry or bui ld ings of whatsoever
k ind or of any land.
" Sewer " — A n y sewer or dra in of w h a t k ind soever whereby any l iquid refuse or any wa te r shall be carr ied off.
" Sewerage Distr ic t " — T h e area to be procla imed from t ime to t ime unde r this Ac t w i th in which the construct ion and ma in t enance of sewerage or dra inage works for sewerage or dra inage is the reby authorized.
" Street " — A n y square cour t al ley h ighway lane road tho rough fare or publ ic passage.
" The Board " — T h e Board of W a t e r Supply and Sewerage.
" W a t e r Dis t r ic t " — T h e area to be proclaimed from t ime to t ime u n d e r th is Act wi th in which water is author ized to be supplied
to the inhab i t an t s of such distr ict . 3 . This A c t and t h e several pa r t s thereof shal l come in to force
unde r a n d subject to t h e qualifications and l imitat ions following viz. :— The whole A c t shall come in force on t h e da te of the passing thereof so far as i t provides for t he const i tu t ion of t h e Board of W a t e r Supply and Sewerage and for t he construct ion ma in tenance and general admin is t ra t ion of woi'ks and t h e acquis i t ion of l and for wa te r supply or
for sewerage outside t he boundr ies of the City of Sydney
t h a t for the purposes of ca r ry ing out and comple t ing t he approved Providedschemes of wa te r supply and sewerage for which execut ive au thor i ty shall have been or be given the powers author i t ies dut ies and obliga t ions respect ively conferred and imposed on the said Board by Par t s I I I I I V I and V I I shall bo th wi th in and wi thou t t he boundar ies of t he said Ci ty be exercisable by and be held to be imposed on t h e Minis te r u n t i l t h e said works shall in each case be reported complete
to Pa r l i amen t as hereinaf ter provided B u t t he exercise of such powers by the Minis te r w i th in t h e boundar ies of t h e said City shall not interfere wi th t he exis t ing works for water supply or sewerage nor prejudice or affect t he proper ty r igh t s powers and obligations of t h e Mun ic ipa l Council of t he said City in respect of "such works or of any proper ty whatsoever in connect ion the rewi th now vested in or u n d e r t h e control of t he said Council un t i l and unless t h e transfer of such works and p roper ty shall be carr ied ou t and publ i shed as in t he n e x t following section provided Provided t h a t upon such publ icat ion as aforesaid b u t not sooner t he said las t -ment ioned powers author i t ies duties and obliga t ions shal l be exercisable by and be imposed u p o n t h e Board.
Metropolitan Water and Sewerage.
4. U p o n publ ica t ion in t he Gazette of a not ice signed by the
Colonial Secretary declar ing t h a t t he proper ty powers and obligations of the Munic ipa l Council of the Ci ty of Sydney in respect of Wa te r Supply and Sewerage has been t ransferred to t h e Board const i tuted by this A c t a n d t h a t t he sewerage and water works referred to in the two hund red and four teen th section of t he " Sydney Corporation Act of 1 8 7 9 " have been vested in t he said Board const i tu ted by this Act
| t h e enac tmen t s specified in t h e F i r s t | Schedule | here to | to t he | extent |
| the re in expressed shall be repealed | Provided a lways | t h a t |
(1.) Eve ry resumpt ion or reservat ion of land contract purchase conveyance ac t m a t t e r proceeding and t h i n g al ready m a d e done executed commenced or ins t i tu ted by v i r tue or in pursuance of any Ac t whol ly or pa r t ly repealed by the said Corporat ion Act or by this Act shall be and t h e same is hereby declared to be good valid and effectual to all in tents and purposes whatsoever
(2.) N o act ion sui t prosecut ion or o ther proceeding whatsoever commenced or carried on before th i s section shall t ake effect e i ther by or aga ins t t he Munic ipa l Council of the City oi Sydney shall aba te or be discont inued or be prejudicially affected by such repeal b u t t he same shall cont inue and take effect bo th in favor of and against t h e Board hereby consti t u t e d and all j udgmen t s decrees and orders made in favor of or aga ins t the said Council and all fines and penalt ies imposed and incur red respectively unde r any of t h e said repealed enac tmen t s shal l be enforced levied recovered a n d proceeded for by and agains t and wi th reference to and in t he n a m e oi the said Board in such and the l ike m a n n e r as they could have been enforced levied recovered and proceeded fo rbyand against and wi th reference to and in t h e n a m e of t h e said Council if t h e said Corporat ion Ac t or this A c t had not been passed.
5. The au tho r i t y empowered to carry out t h e provisions of this A c t except as to such P a r t s thereof as empower t he Minis ter ex clusively to cons t ruc t and ma in t a in works for water supply or sewer age shal l be " The Board of W a t e r Supply and Sewerage " A n d such Board shal l he composed of seven persons to be respect ively elected and appointed as hereinafter provided—
(1.) The Governor shall by Commissions unde r his h a n d and the seal of t he Colony appoint three persons to be members of t he said Board who shall be designated " Official Members " and one of such persons shal l in and by such Commission be
appoin ted to be Pres iden t of the Board.
(2.) The Munic ipa l Council of t he City of Sydney shal l elect two
m e m b e r s of t h e said Board who shal l be designated " City M e m b e r s . "
(3.) The Mayors and A lde rmen of t h e several Boroughs and
Munic ipa l Dis t r ic ts now or hereafter to be established s i tuated wholly or in par t w i th in the c o u n t y of Cumber land shall elect two member s of t he said Board who shall be designated
" Suburban M e m b e r s . " 6. Such seven persons so to be elected and appointed shall be
| a body corporate unde r t he n a m e of t he " Board of W a t e r | Supply and |
| Sewerage " and by t h a t n a m e shall | have pe rpe tua l | succession and a |
c o m m o n seal and shal l sue and be sued A n d shall and m a y accept purchase hold and enjoy to t h e m and the i r successors as member s of t h e said body corporate and for t he uses thereof any real and personal
| estate or p roper ty of w h a t k ind | soever. |
7. The members of t h e said Board shal l hold office for four
years P ro Aided that of the first members appoin ted or elected unde r
t he provisions of this A c t th ree shal l be so appointed and elected for a
period
period of two years only viz. one official one ci ty a n d one subu rban m e m b e r A n d the elected members so to hold office for a period of two years only shal l be those w ho received t h e least n u m b e r of votes a t t he i r election if t h e same shall have been a contested election and if no t or in case of an equal i ty of votes t h e n the de te rmina t ion shall be
by lot The official m e m b e r so to hold office for the l ike period of two years shal l ba de te rmined by t h e Governor, B u t all such m e m b e r s whe the r official or elective shall if qualified be eligible for re-appoint m e n t or re-election respectively.
8. I t shall be lawful for the Governor to appoin t some m e m b e r of t h e Board to be Pres ident and for t h e Board to elect one of the i r n u m b e r to be Vice-Pres ident thereof A n d such Vice-Pres ident m a y dur ing the absence of t he P res iden t ac t as P res iden t and whilst so ac t ing shall have the same power as t he Pres ident if present would have A n d the Pres ident or in his absence t h e Vice-Pres ident of t h e said Board shall preside a t all meet ings thereof and shal l have a cas t ing in addit ion to his or iginal vote.
9. The Pres iden t of t he Board shall dur ing his t enu re of office be ent i t led to be pa id such salary as t h e Governor m a y
de te rmine
and
as m a y be voted by Pa r l i amen t A n d every o ther m e m b e r of t h e B o a r d shal l be ent i t led to receive as r emunera t ion for his services a s u m no t exceeding one h u n d r e d and fifty pounds per a n n u m to be paid to h i m in t h e form of a fee for each m e e t i n g of t h e Board a t which
ho shall have been present u p to t he t ime of t h e t e rmina t ion thereof
a n d of such a m o u n t as t h e Governor may appo in t and t h e office of a n elected M e m b e r of t he Board shall no t for t he purposes of the e igh teen th
section of t h e A c t conta ined in Schedule (1) to t h e I m p e r i a l A c t e igh teen th a n d n ine t een th Victoria chap te r fifty-four and commonly
ci ted as t he " Cons t i tu t ion A c t " be deemed to be a n office of profit
unde r t h e Crown.
10. A n y m e m b e r of t he Board m a y res ign his office by wri t ing
u n d e r his h a n d addressed to t he Governor in which case or in case of t h e dea th or removal of a n y m e m b e r t he appo in tment or elect ion to supply t h e vacancy so ar is ing shall be for the residue of t he t e rmfor which such m e m b e r so res igning dying or removed was appoin ted or elected.
1 1 . Any th ree members of t he Board (of w h o m t h e Pres ident
or Vice-Pres iden t for t he t ime being shall be one) shal l be a q u o r u m thereof and shal l have and m a y exercise all t he powers and au thor i t ies wh ich by th is A c t are conferred on the Board and all quest ions a t any mee t ing of t h e Board shall be decided by the major i ty of the members present .
12 . Every m e m b e r of t h e Board before en te r ing upon the dut ies
of his office shall m a k e and subscr ibe before t h e Execu t ive Council a declarat ion in t he form conta ined in the Second Schedule here to .
1 3 . The first elections of city and subu rban members of the
Board unde r this A c t shal l t a k e place on a day to be appointed by t h eGovernor and publ i shed in t h e Gazette w h e n the re shall be elected by
t h e Mayor a n d A lde rmen of t h e Munic ipa l Council of t h e City of
Sydney two m e m b e r s and l ikewise by t h e respect ive Mayors a n d
Aldermen of t he Boroughs and Munic ipa l Dis t r ic ts s i tuated whol ly or
pa r t ly w i th in the county of Cumber l and and hereinafter te rmed
" Elec tora l M u n i c i p a l i t i e s " two m e m b e r s of the " Board of W a t e r Supply and Sewerage " cons t i tu ted by th is A c t A n d on the corres ponding day and m o n t h in every second year thereaf ter the l ike elections shal l t ake place of two member s one ci ty and one s u b u r b a n
to serve on the said Board in l ieu of those re t i r ing by ro ta t ion a n d a t all such elections t h e vo t ing shall be by bal lot .
1 1 . F o r t he purpose of conduc t ing all elections unde r th is A c t
the re shall be a r e t u r n i n g officer for t h e Citv of Svdney and one for
the
| the Elec tora l Munic ipa l i t ies which officers shall for | t h e city | elections |
| be t h e Mayor for t h e t ime be ing for the said ci ty or some A l d e r m a n | to |
| be appoin ted by h i m | and for t h e said Munic ipa l i t ies such person as |
| t he Governor | m a y appoin t | The r e t u r n i n g officer shal l in every case be |
a m e m b e r of t h e Munic ipa l Counci l of t he said Ci ty or of t he Council of one of t h e Elec tora l Municipal i t ies respectively and .shall have a cas t ing vote only A n d subject to t h e provisions of th i s A c t and the
| regula t ions to be made t he r eunde r t he place | a n d | t ime for | ho ld ing all |
| elections shall be appointed by the Governor and notified in t h e | Gazette |
| thir ty-five days before t he dote of t h e holding thereof. |
15. Al l expenses incurred in the conduct of any such election shal l if certified u n d e r t h e h a n d of t h e r e tu rn ing officer of t h e City or of the said Municipal i t ies in and for wh ich such election shall res pect ively have been ho lden be paid out of t h e Consolidated l l e v e n u e
| E u n d by w a r r a n t u n d e r t he | h a n d | of t he | Governor | addressed | to | t h e |
| Colonial | Treasurer . |
16. Eve ry person shall be eligible for election as a member
of t he Board
(1.) As a city member—if a t t h e t i m e of t he holding of a n y election he shall possess t h e qualification and no t be w i th in any disqualification respectively prescribed and imposed by law in respect of elections to t he office of A l d e r m a n of t he Munic ipa l Council of t he City of Sydney.
(2.) As a suburban member—if a t the t ime of t h e ho ld ing of a n y election for t h e said Municipal i t ies h e shall possess in and for any one or more of such Municipal i t ies t he qualification and n o t be wi th in any disqualification respectively prescribed and imposed in respect of t he office of A lde rman b y t h e " Munic ipal i t ies A c t of 1867 " or any A c t amend ing the same.
17. Twenty-e ight days before t he hold ing of any election u n d e r th is Ac t each r e t u r n i n g officer shall by adver t i sement in t he Gazette and in or more daily newspapers c i rcu la t ing in t he City of Sydney give publ ic not ice of such election requ i r ing the names of all candi dates and the i r proposers to be forwarded to h i m wi th in seven days from t h e g iving of such notice A n d any person duly qualified as an elector desirous of nomina t i ng a candida te ei ther as a city or suburban m e m b e r shal l wi th in such las t -ment ioned t ime forward to such r e t u r n ing officer in wr i t ing t he chr is t ian and su rname of such candida te and such wr i t ing shall s ta te whe the r t he candida te is proposed as a ci ty or as a subu rban m e m b e r and shall be signed by such nomina tor A n d no person shall be capable of be ing elected a t any such elect ion unless
| he shall have been proposed in m a n n e r above-ment ioned a n d his n a m e | as a candidate shall have been publ ished for a t least seven days before |
| such election in some newspaper c i rcu la t ing in the said City. |
18 . All elections to supply ex t raord inary vacancies shall be
| conducted as near ly as m a y be in t h e same m a n n e r | as t h e | periodical |
| elect ions | A n d every person appointed to fill 'any such vacancy shall |
| hold office u n t i l t he t ime when his predecessor 's t e r m | of office | would |
have expired and no longer b u t may be re-elected if still qualified.
19. I f any candidate at any such election or a n y o ther person shall direct ly or ind i rec t ly by himself or his agen t offer pay or give a n y money food d r ink or va luable consideration to induce any person to vote or to abs ta in from vo t ing a t such elect ion he shall be gui l ty of a misdemeanour A n d the election of any such candidate shall upon any convict ion for such offence be nu l l and void.
20. I f a t t h e t ime appointed u n d e r t he provisions of th is A c t
for any election to be holden the reunder the re shall be no candidates or a less n u m b e r of candidates t h a n the re are members of t h e Board to b e elected t h e Governor m a y appoint any persons no t disqualified
F u n d e r u n d e r t h e provisions of th i s A c t t o he m e m b e r s or a m e m b e r of t h e said Board and all such persons so appo in ted shal l hold office as and be member s of t h e Board as fully and effectually to all i n t en t s and purposes as if they bad been du ly elected.
2 1 . N o election unde r this A c t shall be quest ioned by reason of
a n y w a n t or defect of t i t le of any person by or before w h o m such election shall have t aken place if such person shall have real ly ac ted a t such election nor by reason of any formal error or defect in any publ ica t ion unde r th i s Ac t or pu rpor t ing so to be nor by reason of a n y publ icat ion
being out of t ime nor by reason of a n elect ion no t h a v i n g b e e n d u l y holden.
22. Eve ry r e t u r n i n g officer shall w i th in twen ty- four hours after
t h e official declarat ion by h i m of t h e poll or in t h e even t of t h e election no t h a v i n g been contes ted wi th in twenty- four hours after t h e expi ra t ion
of t h e t ime al lowed for t h e nomina t ion of candidates as t h e case m a y
be certify t h e resul t of such election by wr i t ing u n d e r his h a n d
addressed to t h e Governor .
23. I f any m e m b e r of t he Board shal l w i t h o u t t h e permission
of t he Board fail to give his a t t endance a t four consecutive mee t ings of t he Board or shall become insolvent wi th in t h e mean ing of any A c t re la t ing to insolvency in force for t he t ime be ing or be convicted of felony per jury or any infamous offence or become insane his seat shal l
t he reby become vacant . 2 1 . The common seal of t he Corporat ion cons t i tu ted b y th is A c t
shall be k e p t in t h e cus tody of such m e m b e r of t h e Board for t he t ime be ing as t he Board shal l de t e rmine and shall no t be affixed to any ins t ru m e n t or wr i t i ng except in t he presence of a q u o r u m of t he Board a n d t h e m e m b e r s in whose presence such seal shal l be so affixed shall a t tes t b y the i r respect ive s ignatures t h e fact and date of such seal be ing so
affixed A n d all Courts J u d g e s and persons ac t ing judic ia l ly shal l t a k e
judic ia l not ice of t h e c o m m o n seal of t h e Board affixed to a n y such i n s t r u m e n t or wr i t ing and shall p resume t h a t such seal was properly
affixed there to .
25. The Board shall keep full and accura te minu te s of all the i rproceedings in such m a n n e r and form as t he Governor m a y f rom t i m e to t ime direct.
26. After t h e pass ing of th is A c t i t shal l no t be lawful to m a k e
any condi t ional or o ther sales of any Crown lands s i tua ted wi th in any
ca t chmen t area or W a t e r or Sewerage Dis t r ic t proclaimed u n d e r th is Ac t ,
27. W i t h i n th i r ty-one days after t he passing of th i s A c t t h e
Governor shall by Proc lamat ion to be publ ished in t h e Gazette define
t he boundar ies of t h e met ropo l i t an c a t c h m e n t area for t he purposes
of car ry ing ou t t h e author ized scheme of wa te r supply for t he Ci ty of Sydney and its suburbs and shall in l ike m a n n e r define t h e bound
aries of t h e Metropol i tan Sewerage Dis t r i c t wi th in which it is in tended
to cons t ruc t works for t h e sewerage of t h e said Ci ty a n d suburbs A n d i t shall be lawful for t h e Governor f rom t i m e to t i m e by a l ike
P roc lamat ion to define t h e ca t chmen t area of any W a t e r Dis t r ic t and
the boundar ies of any W a t e r or Sewerage Dis t r ic t for t he purpose of
s u P P l y m o wi th wa te r a n y one or more Boroughs or M u n i c i p a l Dis t r ic ts
w i th in the Coun ty of C u m b e r l a n d or for t he sewerage thereof res
pect ively. 28. I t shal l be lawful for t he Board by wr i t ing u n d e r the i r c o m m o n seal to appoint a secre tary and staff of c lerks a n d so m a n y engineers surveyors or inspectors accoun tan t s collectors clerks rangers a n d such other officers and servants a s t h c y m a y requi re for t he purposes of th i s Act a n d for the clue admin is t ra t ion thereof A n d such persons so to be appoin ted shall be paid by a n n u a l salaries to be voted b y P a r l i a m e n t and shal l hold office du r ing the p leasure of the Board be
subject
subject to t h e sole control a n d governance thereof and (where requi red by the Board) shall give such secur i ty for t he per formance of thei r several duties as t h e Board shall prescribe.
29. Sui tab le office accommodat ion for t he Board and the i r
professional a n d clerical staff shall be provided by t h e Governmen t
A n d a n y r e n t and o ther expend i tu re incur red therefor shall be paid
| ou t of t h e Consolidated | R e v e n u e | fund. |
30. Al l cheques for t he p a y m e n t of salaries r en t or o ther
office charges shal l be s igned by t h e Pres iden t or in his absence by t h e Vice-Pres ident of t h e Board and be counters igned b y the secretary A n d all o ther paymen t s shall be u n d e r proper vouchers certified unde r t he h a n d of t h e said Pres ident or Vice-Pres ident as aforesaid and shall be made in such m a n n e r and subject to such regula t ions as t h e Governor m a y prescribe in t h a t behalf.
3 1 . Al l moneys payable to t h e Board unde r th is A c t or any
by- law m a d e the reunde r shall be collected and received by the Board for t he use of H e r Majesty for and on account of t h e Consolidated R e v e n u e E u n d and shall be paid in to t he Treasury to t he credit of accounts to be the re kep t unde r t h e names respect ively of t h e " M e t r o p o l i t a n W a t e r R a t e s " and t h e " M e t r o p o l i t a n Sewerage
| Ra t e s " | accounts | A n d | t h e | provisions | of | t h e A u d i t A c t | in force for |
| t h e t ime be ing and of any A c t | r egu la t ing t h e collection of | publ ic |
| moneys and the aud i t of t he publ ic accounts shall apply to t he | Board |
| a n d | to al l officers | ac t ing u n d e r the i r au thor i ty and | control . |
32. Subject to the provisions of th is A c t the Board shall be
| deemed to be a Pub l i c D e p a r t m e n t in correspondence for al l | Admin is |
| t ra t ive purposes witli t he Min is te r a n d subject to t he control of | t he |
| Governor and Execu t ive Council . |
33 . The Governor m a y disallow a n y ac t m a t t e r or t h i n g done
or commenced by t h e Board not be ing a cont rac t lawfully entered into
b y such Board for t h e execut ion of a n y work author ised by t ins Ac t .
34. Subject to the provisions of th is A c t t h e Board may from
t ime m a k e al ter and repeal by- laws—
As to Water Supply.
(1.) Eor t h e conduc t of the business of t he Board
(2.) Eor r egu la t ing t he form of contracts to be entered in to wi th
t h e Board and general ly for ca r ry ing in to effect t he purposes
of th i s Ac t
(3.) Eor t h e a p p o i n t m e n t of a scale of charges for wa te r supplied
b y measu re and t h e m i n i m u m quan t i t y of wa te r to be charged for where water is so supplied
(1.)
Eor de te rmin ing m a k i n g a n d levying t h e ra te to be paid in respect of lands and t enemen t s to be supplied wi th wa te r for domestic purposes otherwise t h a n b y measure or in respect of lands a n d t enemen t s dis tant not more t h a n s ixty yards from any m a i n const ructed b y or vested in t h e Board Provided t h a t t h e va lua t ion of any lands or t enemen t s for t he purposes of such wa te r supply shall no t exceed in a n y year t he va lua t ion (if any) of such lands or t enemen t s du r ing t h e same or t he previous year by t he Munic ipa l Council of the City of Sydney or of t he Borough or Munic ipa l Dis t r ic t respectively in wh ich such lands or t enemen t s are s i tuated A n d no such ra te shal l exceed the a m o u n t of five pounds per cent , per a n n u m on such valuat ion Provided t h a t no charge for t he
supply of wa te r to any house t e n e m e n t or lands shal l in a n y
case be less t h a n t h e sum of t e n shill ings per a n n u m
(5.) Eor imposing a n ex t ra ra te for water supply in places d i s tan t more t h a n one h u n d r e d vards from
t h e
condui t
(6.)
(6.) F o r de te rmin ing t h e t i m e a t which any charge for wa te r shall be payable and w h e t h e r in advance or otherwise
(7.) F o r r egu la t i ng t h e form mate r i a l dimensions cons t ruc t ion and a r r a n g e m e n t of pipes a n d o ther w o r k supp ly ing wa te r from the pipes of t h e Board to adjacent p remises—the t ime of execu t ing and t h e notices to be given for such w o r k s —
the super in tendence thereof t he m a k i n g good a n d replac ing
ground wh ich m a y be displaced in t h e course of such works
— a n d for inspect ing all services a t reasonable t imes whe the r
s i tua te w i t h i n any bui ld ings or otherwise
(8.) F o r r egu la t ing t h e cons t ruc t ion disposition cus tody and
inspect ion of me te r s . (9.) F o r p reven t ing t h e was te or misuse of water supplied by the
Board
(10.) F o r compel l ing persons us ing wa te r supplied by t h e Board
to keep the i r pipes a n d o ther appliances in proper repa i r— for p r even t ing a n y a l te ra t ion of or in terference wi th such pipes wi thou t not ice to t he Board—for repai r ing such pipes and appl iances so as to p reven t waste of water and for recover ing t h e cost of such repairs
(11.) F o r p r even t ing t h e use direct ly or indi rect ly of wa te r sup plied by the Board by persons unau thor ized by t h e Board
(12.) F o r p reven t ing persons from wilfully or negl igent ly break ing in ju r ing or from in ter fe r ing w i t h a n y p ipe lock cock valve engine or work be long ing to t he Board and from doing any other wilful ac t whereby t h e wa te r supplied by t h e Board m a y be wasted
As to Sewerage.
(13.) F o r r egu la t ing t h e dra inage of roads and s t reets in to sewers
(14.) F o r r egu la t i ng t h e dimensions mater ia l form cons t ruc t ion
a n d a r r angemen t of and the ma in t enance c leansing and repair
ing of t h e pipes drains a n d o ther means of c o m m u n i c a t i n g wi th
sewers and of t h e t r aps and a p p a r a t u s connected the rewi th
(15.)
F o r t he ca r ry ing out of such works of c leansing and removing and disposing of refuse as t h e Board is au thor ized b y th is A c t to per form or requi re
(16.) F o r r egu la t ing t he assessment form a n d collection of ra tes
charges and con t r ibu t ions t h e periods for t h e r epaymen t of
t h e costs of works b y t h e persons or ra tes chargeable w i t h
such r epaymen t Provided t h a t no sewerage r a t e shall exceed five pounds per c e n t u m on the assessed a n n u a l value
A n d every such by- law shal l after approval b y t h e Governor w i th in four teen days after such approval has been signified to t h e Board be la id before Pa r l i amen t if i n session a n d if no t t h e n w i t h i n four teen days after t h e c o m m e n c e m e n t of t h e n e x t Session A n d n o such by- law shal l have any force or effect u n t i l i t has been publ ished in t h e Gazette A n d every such by- law shal l w h e n so publ i shed be b ind ing upon and be observed by all persons and shal l be sufficient t o just i fy
al l persons ac t ing u n d e r the same.
35 . every such by- law m a y s ta te a m a x i m u m p e n a l t y for t he
b reach thereof not in a n y case exceeding t w e n t y pounds a n d shal l also s ta te in cases of con t inu ing offences a f u r t he r pena l ty no t exceeding five pounds for each day after not ice of t h e offence shal l be given b y the Board A n d t h e product ion of the Gazette con ta in ing a n y such by- law shall in a n y act ion a t law or suit in equ i ty or any o ther p roceeding and in all Cour t s be sufficient evidence t h a t such by- law as i t is p r in ted in such Gazette has been duly m a d e and publ ished as hereinbefore provided.
36. Subjec t to t he approval of t h e Min is te r t he Board m a y m a k e
and enter in to any cont rac ts and ag reemen t s wi th any person for t h e purchase of lands or mater ia ls and for engag ing to execu te perform and cons t ruct any works wh ich shal l be author ized to be m a d e unde r and in pu r suance of t h e provisions hereof and such cont rac ts a n d agreements shall be in t h e n a m e of t h e Board and al l such con t rac t s m a y be made
| as follows | ( tha t is to s a y ) — |
W i t h respect to any cont rac t which if m a d e be tween pr iva te persons would be by law requi red to be in wr i t ing and signed by the par t ies to be charged the rewi th or in wr i t ing and unde r seal t he Board m a y m a k e such con t rac t in wr i t ing
and u n d e r the i r common seal and in t he same m a n n e r m a y vary or discharge the same.
W i t h respect to any contract which if m a d e be tween pr ivate persons would by law be valid a l t hough made by parol only and not reduced in to wr i t ing t he Pres iden t of the Board m a y m a k e such cont rac t by parol only w i thou t wr i t ing and in t he
same m a n n e r m a y va ry or discharge t h e same
A n d all contracts m a d e according to t h e provisions he r e in contained shall be effectual in law and shal l be b ind ing upon the said Board and the i r successors and all other par t ies there to the i r heirs executors or adminis t ra tors as t h e case m a y be and on a n y defaul t in t he execut ion of any such con t rac t e i ther by t he Board or any o ther pa r ty there to such actions or suits m a y be b rough t e i ther by or against t he Board as m i g h t be b r o u g h t had the same contracts been m a d e be tween
| pr iva te | par t ies | only. | |||||
| 37. Al l |
|
Pres ident thereof on behalf of such Board shall be deemed for the purposes of t h e Const i tu t ion A c t hereinbefore referred to to be publ ic contractors .
38. Subject to t h e provisions of th is A c t it shall be lawful for
| t he Governor to m a k e Regu la t ions for t h e purpose of | car ry ing out t h e |
m e a n i n g and i n t en t of th i s A c t in respect of t h e elections of member s of t he Boa rd—the mode of keep ing accoun t s—the collection and custody of moneys and the remi t t ance thereof to t h e Treasury by such Board—for prescr ibing t h e forms of all notices unde r th i s A c t — a n d
| for t he guidance of all officers in t he | execut ion of the i r dut ies u n d e r |
| this | Act . |
P A R T I I .
Water Supply.
39. Subject to t h e provisions of t he th i rd section of this A c t t he several powers author i t ies obligations and dut ies by th is P a r t respectively conferred and imposed on t h e Board shall and m a y be exercised and incur red by t h e Minis te r in and for t he cons t ruc t ion of all works for wa te r supply author ized unde r th i s Ac t .
40. Subject to t h e provisions of th is A c t t he Board m a y exercise a n y of t h e powers in th is P a r t contained for t h e cons t ruc t ion of wa te rworks for t h e supply of water to the City and Suburbs of Sydney and for t h e purposes of ca r ry ing out t h e provisions of this A c t ( tha t is to say) :—
(1.) They m a y enter upon any lands and t ake levels of t h e same and set ou t such par t s thereof as t hey shall t h i n k necessary and dig b reak and t r ench t h e soil of such lands and remove or use all ear th s tone mines minera ls t rees or o ther th ings dug or obta ined out of or from t h e same.
(2.)
(2.)
They m a y en te r u p o n t a k e and hold such land as t h e y m a y from t ime to t ime deem necessary for t h e construct ion ma in t enance repair or improvemen t of any of t he works author ised or t ransferred by th is A c t or for obta in ing or en la rg ing t h e
supply of wa te r or for improv ing t h e qua l i ty thereof for t h e
purposes of t h i s Act . (3.) T h e y m a y from t i m e to t i m e sink such wells or shafts a n d
m a k e m a i n t a i n a l ter or d iscont inue such reservoirs water works cis terns t a n k s aqueduc ts drains cu ts sluices pipes culverts engines a n d other works a n d erect such bui ld ings u p o n t h e lands s t reams a n d watercourses author ised to be
t a k e n by t h e m as t h e y shal l t h i n k proper for supplying t h e
inhab i t an t s of a n y W a t e r Dis t r i c t w i th water . (4.) They m a y from t ime to t ime diver t a n d i m p o u n d t h e wa te r from any s t reams as t h e y m a y t h i n k fit and al ter t h e courses of t h e same and also t ake such wate r s as m a y be found in unde r or on any lands so to be t aken for t h e purposes of th i s Ac t .
(5.) T h e y m a y enter upon any Crown or pr iva te lands streets roads or thoroughfares and lay or place the re in a n y pipes a n d m a y repai r a l ter c u t off or r emove t h e same a n d m a y en te r u p o n a n y such lands streets roads or tho roughfa res for t h e purpose of repa i r ing any watercourses or o ther works be ing
the i r p roper ty or unde r the i r control .
Provided always t h a t in t h e exercise of any of t h e powers he reby con ferred t h e Board shal l inflict as l i t t le damage as m a y be and in al l cases where i t can be done shall provide other water ing-places drains and channels for t he use of adjoining lands in p lace of a n y t aken away or in t e r rup ted by t h e m and shall m a k e full compensat ion to all par t ies
in teres ted for all d a m a g e susta ined b y t h e m t h r o u g h the exercise of such powers Provided never theless t h a t t h e Board shall n o t be l iable to m a k e compensa t ion in respect of any damage susta ined by reason of t he t a k i n g or d iver t ing of wa te r pe rmanen t ly or otherwise from any r iver s t ream or watercourse unless a c la im in wr i t ing shall be m a d e in respect of such compensat ion w i th in th ree m o n t h s after t h e commencemen t of t he exercise of t he power and t h a t in every case where t h e Board canno t agree wi th t h e owner or c la imant t h e a m o u n t of compensat ion shal l be ascer ta ined and the case in o ther respects shal l be deal t wi th u n d e r t h e
provisions here inaf ter contained. 4 1 . Eve ry person Avho shal l wilfully obs t ruc t any person ac t ing
u n d e r t h e au thor i ty of t he Board in se t t ing out t h e l ine of a n y works u n d e r t a k e n
unde r t h e au thor i ty of th is P a r t or pu l l u p or remove a n y
poles or s takes dr iven in to t h e g round for t h e purpose of se t t ing ou t
t h e l ine of such works or destroy or injure any works so u n d e r t a k e n
as aforesaid shall i ncu r a pena l ty n o t exceeding five pounds for every such offence. 42 . After a n y s t r eam or supply of water shall have been diver ted
impounded or t a k e n b y t h e Board unde r t h e au tho r i t y of th i s A c t
every person who shal l i l legally or wi thou t t h e au tho r i t y of the Board divert or t ake a n y wa te r supp ly ing or flowing in to t h e s t ream or source of supp ly so diverted impounded or t a k e n b y t h e Board or who shal l do any un lawfu l ac t whereby any such s t r eam or supply of water m a y be diver ted or d iminished in quan t i t y or in jured in qual i ty
or pu r i t y and who shal l no t immedia te ly repair t h e in jury done b y
h i m on being requ i red by t h e Board so as to res tore such s t r e am or supply of wa te r to t h e s ta te in wh ich i t was before such un lawful act shall forfeit to t h e Board a n y s u m no t exceeding five pounds for every day du r ing which t h e said supply of wa te r shal l be so diver ted or d iminished or in jured b y reason of any ac t done by or b y t h e au tho r i t y
of
of such person A n d a n y s u m so forfeited shall he in addi t ion to t h e s u m which he m a y he lawfully adjudged to pay to t he Board for any damage which t h e y m a y susta in by reason of the i r supply of wa te r
| be ing diminished | A n d the p a y m e n t of | t h e s u m so forfeited | shal l | no t |
| ba r t he r i g h t of t h e Board | to b r ing any action a t law or a n y | other |
r emedy a t law or in equ i ty in respect of the damage so commit ted .
4 3 . N o t h i n g in th is P a r t contained shal l prevent t h e owners and
occupiers of lands t h r o u g h or by wh ich such s t r eam shall flow from us ing t h e waters thereof in such m a n n e r and to such ex t en t as they m i g h t have done before t h e pass ing of th is A c t unless they shall have received compensa t ion in respect of the i r r igh t of so us ing such water .
| 44. If any person unlawful ly and maliciously destroy or damage or a t t e m p t to destroy or damage a n y reservoir | dam t a n k t u n n e l | water |
course sluice m a i n pipe aqueduc t br idge road way or eng ine or o ther pa r t wha tever of t he works of t h e Board every such offender shall be gu i l ty of felony and shall be l iable to be impr isoned for any t e r m not exceeding t en years .
45 . The Board m a y open and b reak u p t h e soil a n d pavemen t
| of t h e | several | streets and bridges wi th in t he l imits of a n y W a t e r |
Dis t r ic t and m a y open and break u p a n y sewers dra ins or tunne l s wi th in or unde r such streets and bridges and lay down and place w i th in t h e same l imits pipes condui ts service pipes and o ther works and engines and from t i m e to t ime repair a l ter or remove t h e same a n d for t he purposes aforesaid remove and use all ea r th and mater ia l s in a n d u n d e r such streets and bridges and do al l o ther acts which t h e Board shall f rom t ime to t ime deem necessary for supplying water to t h e i nhab i t an t s of t he dis t r ic t inc luded wi th in t he said l imits .
46. Before t h e Board shal l open or b reak u p a n y such street b r idge sewer dra in or t u n n e l they shall give to the persons or au thor i ty unde r whose control or m a n a g e m e n t t h e same m a y be or to thei r c lerk surveyor or o ther officer not ice in wr i t i ng of the i r in ten t ion to open or b reak u p t h e same not, less t h a n th ree clear days before beg inn ing such work excep t in cases of emergency ar is ing from defects
| in a n y of t he pipes or other works and t h e n as soon as possible after | t h e |
| commencemen t of t he work or t he necessi ty for i t shal l have arisen. |
47. W h e n the Board shall open or b reak u p t h e road or pave m e n t of a n y street or b r idge or a n y sewer dra in or t u n n e l t hey shall wi th all convenien t speed complete t he work for which, t h e same shall be broken u p a n d fill in t h e g round a n d re ins ta te and m a k e good the
| road or p a v e m e n t or t h e | sewer | dra in | or t u n n e l | so opened | or | b roken |
| u p and car ry away the rubbish | occasioned the reby | A n d shal l a t | a l l |
t imes whils t any such road or p a v e m e n t shall be so open or b roken u p cause t he same to be fenced and guarded and shall cause l ight sufficient for t he w a r n i n g of passengers to bo set u p and k e p t t he r e for every
| n i g h t dur ing which such road or pavemen t shal l be cont inued | open or |
| b r o k e n u p | A n d shall after | replac ing | and | m a k i n g | good | the road | or |
| p a v e m e n t which shall have been so b roken u p keep t h e | same in | good |
| repa i r for | six m o n t h s | thereafter . |
48 . If the Board open or b reak u p a n y such street br idge sewer drain or t u n n e l wi thou t giving such not ice as aforesaid or wi thou t m a k i n g such t empora ry or o ther works as aforesaid w h e n so required excep t in cases in which t hey arc author ized to perform such works w i t h o u t any not ice or if they m a k e any unnecessary delay in comple t ing a n y such work or in filling in t h e g round or re ins ta t ing and m a k i n g good the road or pavemen t or t h e sewer dra in or t u n n e l so opened or b roken u p or in ca r ry ing away t h e rubb i sh occasioned the reby or if they neglec t to cause t h e place where such road or p a v e m e n t has been b roken u p to be fenced guarded a n d l ighted or neglect to keep the
road
road or pavemen t in repair for t he space of six m o n t h s n e x t after t h e same is made good the Board shal l forfeit to t h e au thor i ty or persons h a v i n g the control or m a n a g e m e n t of t h e street br idge sewer dra in or t u n n e l in respect of wh ich such default is m a d e a s u m not exceeding five p o u n d s for every such offence and an addit ional s u m of five pounds for each day du r ing which a n y such delay as aforesaid shall cont inue after they shall have received not ice thereof.
49. If a n y such delay or omission as aforesaid shall t ake place t h e au tho r i t y or persons hav ing t h e control or m a n a g e m e n t of t he street b r idge sewer dra in or t u n n e l in respect of which such delay or omission shal l t ake place m a y upon g iv ing not ice in wr i t ing to t he Board cause t he work so delayed or omit ted to be executed and t h e expense of execu t ing t h e same shall be repaid by the Board to and m a y be recovered by such au thor i ty or persons.
50. The Board shal l no t be liable (in the absence of express s t ipula t ion u n d e r any ag reement for t h e supply of wate r ) to any pena l ty or damages for not supp ly ing such water if t he w a n t of such supply arises from u n u s u a l d rough t or o ther unavoidable cause or accident nor shal l t h e Board be compel lable to supply water to a n y
person whomsoever .
5 1 . The Boa r d m a y supply any person wi th wa te r for domest ic or o the r purposes by measure a t such rates upon such t e rms and subject to such condit ions as m a y be agreed u p o n by t h e Board a n d t h e person r equ i r ing to be suppl ied B u t " domest ic purposes " shall n o t for t he purposes hereof inc lude a supply of wa te r for stables or for m a n u fac tu r ing purposes or for i r r iga t ion water power fountains or for a n y
o rnamen ta l 52. A n y officer of t he Board author ized in t h a t behalf
purpose .
shall
have l iber ty a t all reasonable t imes w i t h o u t charge to inspect any va lua t ion ra te or assessment for t h e City of Sydney or for any Borough or Mun ic ipa l Dis t r ic t w i th in t he Coun ty of Cumber l and and to t ake
a copy or m a k e ext rac ts from t h e same A n d any town clerk counci l c le rk or o the r person h a v i n g t h e cus tody of such va lua t ion r a t e or assessment books refusing or p reven t ing such officer f rom h a v i n g access the re to or t a k i n g copies or ex t rac t s theref rom shall i n c u r a pena l ty for every such offence no t exceeding fifty pounds .
53. The Board m a y let for h i re to any consumer of wa te r
supplied by measure a n y mete r or i n s t r u m e n t for measur ing the
q u a n t i t y of wa te r supplied and consumed and any pipes and appa ra tus for t h e conveyance recept ion or storage of t he wa te r for such r e m u
nera t ion in money as m a y be agreed upon be tween t h e Board a n d t h e
consumer which shall be recoverable in t h e same m a n n e r as ra tes due to t h e Board for water .
54. Such me te r s in s t rumen t s pipes and appa ra tus shall n o t be
subject to distress for r e n t of t h e premises w h e r e t h e same a re used or t o be a t t a ched or t aken in execut ion u n d e r any process of any Cour t of L a w or E q u i t y or u n d e r or in pur suance of any seques t ra t ion or order in insolvency or o the r legal proceedings aga ins t or affecting t h e consumer of t h e wa te r or t h e occupier of t he premises or o ther person in whose possession the mete rs pipes i n s t r u m e n t s and appa ra tu s
m a y be . 55. Eve ry person w ho shal l have agreed wi th t he Board for a supply of wa te r by measure shall a t his own expense unless he hi re a me te r from t h e Board provide a m e t e r and keep and ma in t a in t h e same in good w o r k i n g condi t ion to t h e satisfaction of such officer as m a y be appoin ted by the Board and in t h e even t of any repai rs being requi red not ice in w r i t i n g shall be immedia te ly given by such person to t he Board a n d a reg is t ra t ion of t he q u a n t i t y used shal l be taken before such repai rs a re effected.
56. Eve ry person requi r ing to remove or a l te r t h e posit ion of any mete r shal l give six days not ice in wr i t ing to t h a t effect to t h e Board and a reg is t ra t ion of t he quan t i t y of water used shall he t a k e n before such removal or a l tera t ion is made .
57. If a n y person who u n d e r t he provisions hereinbefore con
tained ough t to provide any me te r neglect or refuse after hav ing been required by the Board so to do to provide such me te r he shal l for every day du r ing w h i c h such neglect or refusal cont inues forfeit a s u m not exceeding two pounds .
58 . I f any person AVIIO has provided any m e t e r as aforesaid fail to give t he not ice hereinbefore requi red of a n y repairs requi red for such m e t e r he shal l forfeit a s u m no t exceeding ten pounds .
59. I f a n y person refuse or delay to have such me te r properly repaired and p u t in correct work ing order after hav ing been requ i red by any officer of t h e Board so to do t h e Board m a y s h u t off t h e supply of wa te r from the premises of such person ei ther by cu t t i ng t he service- pipe or otherwise un t i l such me te r shal l have been proper ly repaired and certified b y some officer of t h e Board as be ing in p roper work ing order.
60. If any p l u m b e r or o ther person fix or refix a n y m e t e r upon
any premises supplied wi th wa te r by t h e Board Avithout h a v i n g first obtained a certificate from t h e Board t h a t t he said me te r has been examined and found in correct Avorking order he shal l forfeit a s u m not exceeding t en pounds .
6 1 . If any person remove or a l ter t h e position of or in a n y Avay
in ter fere Avith any mete r Avithout g iv ing such not ice as aforesaid he shall for each such offence forfeit a s u m no t exceeding t w e n t y pounds 0Arer and aboAre t he damage which he m a y be found liable to pay in
a n y act ion a t laAV a t t he suit of t h e Board.
62. The officers of t h e Board may enter any bouse bui lding or lands to t h r o u g h or in to which Avater is suppl ied by the Board by measure in order to inspect t h e meters i n s t rumen t s pipes and appara tus for t h e measur ing conveyance recept ion or s torage of Avatcr or for t he purpose of ascer ta in ing the quan t i t y of Avater supplied or consumed a n d m a y from t ime to t ime en te r any house bui ld ing or lands for t h e purpose of r emoving a n y me te r i n s t r u m e n t pipe or appara tus t h e p rope r ty of t he Board and if any person hinders any such officer from en te r ing or m a k i n g such inspect ion or affecting such removal he shal l for each such offence be l iable . to a pena l ty not exceeding five pounds b u t except wi th t h e consent of a Ju s t i ce this power of en t ry shall be exercised only be tween t h e hours of ten in t he forenoon and four in
| t h e afternoon. 63 . I n al l t he pipes to which any fire-plug is fixed the Board | shal l provide and keep cons tant ly laid on for use Avithout cha rge unless | ||||
| prevented by u n u s u a l d rough t or o ther unavoidable accident or dur ing necessary repairs a sufficient supply for t h e following purposes ( tha t is to say) for c leansing the seAvcrs and drains for c leansing and wate r ing t h e streets a n d for supply ing any publ ic hospitals or char i table ins t i tu t ions or any publ ic p u m p s ba ths and Avashhouses t h a t m a y be established | |||||
| |||||
| ra tes levied Avithin t he l imits of any W a t e r Dis t r ic t and such supply shal l be proAuded in such quant i t ies and upon such t e rms and condit ions as m a y be agreed upon by the Counci l of t h e said City or of any Borough or Munic ipa l Distr ic t to Avhich such Avater is supplied and t h e Board ProAudcd t h a t no ba ths or Avashhouses shal l be ent i t led to be suppl ied wi th Avater unde r t he provisions of this section unless t h e charges for the use thereof by the inhab i tan t s shal l be approved of and shall no t exceed the a m o u n t s fixed by the Board. |
6 1 . The Board a t the reques t of t h e Munic ipa l Counci l of t h e
| said City or of any Borough or | Munic ipa l Dis t r ic t w i th in a | W a t e r |
G Dist r ic t Dist r ic t to wh ich a supply of wa te r has been secured by t h e Board shall fix p roper fire-plugs in t h e m a i n a n d other pipes be longing to t h e m at such convenient distances and a t such places as t h e Board m a y consider proper and convenient for t h e supply of wa te r for ex t ingu i sh ing any fire which m a y b reak out wi th in such district
A n d t h e said Board shall from t i m e to t i m e renew and keep in effective order every such fire-plug A n d shall p u t u p a pub l i c not ice in some conspicuous place in each s treet in which such fire-plug is s i tuated showing i ts s i tua t ion A n d such not ice m a y be p u t u p on any house or bu i ld ing in such street A n d as soon as such fire-plug is completed they shal l deposit a key thereof in each place w i th in such distr ict where any publ ic fire-engine is kep t Provided a lways t h a t t h e cost of such fire-plugs and notices a n d t h e expenses of fixing and ma in t a in ing t h e same in repai r shall be defrayed by t h e Council of t h e
Ci ty Borough or Mun ic ipa l Dis t r ic t wi th in t h e boundar ies of wh ich t h e p lugs are fixed. 65. The Board m a y a t t h e reques t and expense of t h e owner or
occupier of any m a n u f a c t o r y or works s i tua ted in or nea r any street or road in w h i c h or wi th in one h u n d r e d yards of which the re shal l be a p ipe of t he Board place a n d m a i n t a i n in effective order a fire-plug (to be used only for ex t ingu ish ing fires) or nea r as convenient ly m a y be to such manufac to ry or works .
66. The Board shall a t all t imes keep charged wi th wa te r all t he i r pipes to which fire-plugs are fixed unless prevented by d rough t or o ther unavoidable cause or accident or du r ing necessary repairs A n d shal l allow all persons a t all t imes to t ake and use such water for
t he purpose only of ex t ingu i sh ing fire.
67. After pipes have been laid u n d e r t he au thor i ty of th is A c t
for t h e supply of wa te r to any s t reet or p a r t thereof t h e Board shal l cause a not ice in t h e form contained in t h e Thi rd Schedule here to or to t h e l ike effect to be publ ished in four consecutive n u m b e r s of t h e
Gazette and in one or more newspapers c i rcu la t ing in t h e locali ty a n d the owner or occupier of every t e n e m e n t referred to in such not ice
shal l w i th in t h r ee weeks from t h e date of t h e last publ icat ion of such
not ice in t he Gazette cause a p roper pipe and stop-cocks to be la id so
as to convey a supply of water to such t e n e m e n t A n d after fourteen days from such last publ ica t ion t h e owner or occupier of such t e n e m e n t shal l unless t he Board refuse to supply h i m wi th water be l iable to p a y t h e ra tes and charges for such supply a l t hough no such pipe and stop cocks be laid or no such wa te r be used in such t enemen t .
68. A n y owner or occupier of any dwel l ing-house or pa r t of a
dwel l ing-house wi th in a W a t e r Dis t r ic t who shal l wish to have wa te r from the wa te rworks of t h e Board b r o u g h t in to his premises a n d who shal l have paid or t endered to t he Board t he por t ion of water r a t e in respect of such premises by th is A c t directed to be paid in advance m a y open the g round between the pipes of t h e Board a n d his premises hav ing first obta ined the consent of t h e owners and occupiers of such g round a n d lay a n y pipes from such premises to communica te w i t h t h e pipes of t h e Board.
69. Such pipes shal l be of a s t r e n g t h and mate r ia l approved of
b y some officer of t h e Board and every such owner or occupier shal l before h e begins to lay any such pipe give to t he Board two days not ice of his in ten t ion to do so.
70. Before any pipe is made to communica te w i th t h e pipes of
t he Board t he person i n t e n d i n g to lay such pipes tha l l give two days not ice to t h e Board of t h e clay a n d h o u r w h e n such pipe is in tended to be made to communica te wi th t he pipes of t he Board and every such pipe shal l be so m a d e to c o m m u n i c a t e u n d e r t he super in tendence and according to t he direct ions of t h e surveyor or other officer appoin ted
for
| for t h a t purpose by t h e Board | A n d t h e bore of any such p ipe | shall |
| no t | exceed | th ree -qua r t e r s of | a n inch | except wi th t h e consent of | t h e |
Board.
71. A n y person who shall have laid down a n y p ipe or other works or who shall have become the propr ie tor thereof m a y remove t h e s a m e af ter h a v i n g first g iven six days not ice in wr i t i ng to t h e Board of his in ten t ion so to do and of t he t ime of such proposed r emova l a n d every such person shall m a k e compensat ion to t he Board for a n y in ju ry or damage to the i r pipes or works which m a y be caused b y such removal .
72. A n y such owner or occupier m a y open or b r e a k u p so m u c h
| of t h e p a v e m e n t if any as shall be be tween | the p ipe of | t h e Board and |
| his house bui ld ing or premises and a n y sewer or dra in | the re in for a n y |
such purpose as aforesaid (doing as l i t t le damage as m a y he and m a k i n g compensat ion for a n y damage done in t h e execut ion of any such work) Provided a lways t h a t every such OAvner or occupier desiring to b reak u p t h e p a v e m e n t of a n y s treet or a n y seAver or d ra in there in shall be subject t o t h e same necessi ty of giving preAdous not ice and shall be subject to t he same control restr ic t ions and obligations in and d u r i n g t h e t ime of b reak ing u p the same and also re ins ta t ing the same and to the same penal t ies for any delay in regard the re to as t h e Board are
| subject to unde r t he provisions of th i s | P a r t . |
73 . If any person supplied Avith wa te r by t h e Board Avrongf Lilly
| does or causes or pe rmi t s to be done | a n y t h i n g in contravent ion of | a n y |
of t h e provisions of th i s P a r t or Avrongfuily fails to do a n y t h i n g Avhich u n d e r any of those provisions ough t to be done for t he prevent ion of t h e waste misuse u n d u e consumpt ion or con tamina t ion of t h e water of t he Board t h e Board m a y (Avithout prejudice to any remedy agains t h i m in respect thereof) cu t off any of the pipes by or t h r o u g h which wa te r is suppl ied to h i m or for his use and m a y cease to supp ly h i m wi th Avater so long as t h e cause of in jury remains or is
145. W h e r e any distress is m a d e for any sum of money to be levied u n d e r th i s Act t he distress itself shall no t be un lawful nor t h e persons m a k i n g the same be deemed trespassers on account of a n y defect or w a n t of form in t h e informat ion summons convict ion w a r r a n t
of distress or other proceedings re la t ing there to nor shal l t h e persons
d is t ra in ing be deemed trespassers on account of a n y i r regu la r i ty t h a t
shal l be afterwards done by t h e persons d is t ra in ing b u t t h e persons aggr ieved by such i r regular i t ies m a y recover satisfaction for t he special d a m a g e in an act ion on t h e case.
146. One half of a n y pena l ty recovered u n d e r th i s A c t or any
by- law the reunde r shal l be paid to t h e informer. 147. The folloAving provisions shall govern all actions and pro
ceedings t aken in respect of c laims for compensat ion w i th in t h e
proviso to t h e one h u n d r e d and t w e n t y - n i n t h section hereof v i z . : —
(i.)
N o act ion agains t t he Min is te r or t h e Board shall be m a i n ta inab le in any Cour t o ther t h a n t h e Supreme Cour t and no wr i t of execut ion shall be issued against t h e Min is te r or t h e
Board u n t i l t h e expi ra t ion of four teen days after final j u d g m e n t has been signed a n d no real estate now or hereafter to be vested in t h e Min i s te r or t h e Board shall be liable to be sold u n d e r any wr i t of execut ion or o the r process of a n y Cour t
of L a w or E q u i t v .
(II.)
( I I . )
N o plaintiff shall recover in a n y such act ion unless notice in wr i t ing have been given to t he defendant twen ty -e igh t days before such act ion is commenced of such in tended act ion signed by the a t to rney of the plaintiff specifying the cause of such ac t ion a n d the plaintiff shall no t recover in any such act ion if tender of sufficient amends shal l have been m a d e to h i m or to his a t to rney by or on behalf o£ t he defendant before such act ion b rough t and in case no such t ender be m a d e i t shal l be lawful for t he defendant in any such act ion by leave of the Cour t a t any t ime before issue joined to pay in to Cour t such s u m of money as he t h inks proper whereupon such pro ceedings |order and j u d g m e n t shall be made and given by such Cour t as in o ther actions where t h e defendant is al lowed to pay money in to Court ,
( i n . ) N o such act ion or suit shall be b r o u g h t after t h ree m o n t h s f rom t h e ac t commi t t ed and t h e defendant in every such act ion or sui t m a y a t his election plead specially or the genera l issue a n d give this A c t and t h e special m a t t e r in evidence a t any t r ia l and prove t h a t t h e same was in pu r suance and unde r t h e au tho r i t y of th i s A c t and if t he same appear to have been so done or if such act ion or suit have been b r o u g h t before t h e expi ra t ion of twenty-e igh t days nex t after such notice lias been given as aforesaid or after sufficient satisfaction made or tendered as aforesaid or after t he t ime l imited for b r ing ing the same or be b rough t in any other place t h a n as aforesaid t he j u r y shall find a verdict for t h e defendant and upon such verdict or if t he plaintiff be nonsui ted or discon t i n u e his act ion or suit after t he defendant have appeared or upon any demur re r j u d g m e n t be given agains t t he plaintiff or plaintiffs t h e defendant shall recover full costs of sui t and have such remedy for recovering the same as a n y other defendant has in other cases by law.
148. W h e r e in th is A c t any quest ion of compensat ion expenses
charges or damages or o ther m a t t e r is referred to t he de te rmina t ion of any one Jus t i ce or m o r e it shall be lawful for any Jus t i ce u p o n t h e
| appl ica t ion | of c i ther p a r t y to s u m m o n the o ther pa r ty to appear | before |
| one Jus t i ce or before two Jus t i ces as t he case m a y requi re a t a | t ime |
and place to be n a m e d in such s u m m o n s and u p o n the appearance of such jiarties or in the absence of any of t h e m upon proof of due service of t he s u m m o n s it shall be lawful for such one Jus t i ce or such two Jus t i ces as t he case may be to hear and de te rmine such quest ion
and for t h a t purpose to examine such part ies or any of t h e m and the i r
witnesses on oa th and t h e cost of every such inqu i ry shal l be in t h e
discretion of such Jus t i ces and they shal l de termine t h e a m o u n t
thereof.
149. Every pena l ty forfeiture cha rge or s u m of money imposed by or m a d e payable unde r th is A c t or by any by- law made in pur suance thereof t h e recovery of which is no t otherwise provided for m a y be recovered by s u m m a r y proceedings before two Jus t ices unde r t he pro
| visions of t h e A c t or Ac t s in force | for t he t ime be ing | r egu la t ing |
s u m m a r y jiroceedings before Jus t i ces A n d where any such pena l ty forfeiture charge or s u m be no t paid ci ther immedia te ly after con vict ion or adjudicat ion or wi th in t he t ime appointed the reby the same m a y be enforced by distress and sale of t h e offender's or defaul ter 's goods and chat te ls in t he m a n n e r provided by the said Ac t s .
| 150. If any pa r ty shall feel aggr ieved by any de te rmina t ion or adjudicat ion of a n y Jus t i ce or Jus t ices w i th | respect to any pena l ty or |
| forfeiture unde r t he provisions of th is A c t such pa r ty m a y appeal | to |
| t h e Genera l or Q u a r t e r Sessions for | t he distr ict or place in wh ich | the |
cause
cause of appeal shall have arisen b u t no such appeal shall be en te r ta ined unless i t be made wi th in four m o n t h s n e x t after t he m a k i n g of such
de te rmina t ion or adjudicat ion nor unless t en days not ice in wr i t ing of
such appeal s t a t ing t h e n a t u r e a n d grounds thereof be given to t h e p a r t y agains t w h o m the appeal shall be b r o u g h t nor unless t h e appel lan t fo r thwi th after such not ice enter in to recognizances w i th two sufficient suret ies before a Ju s t i ce condit ioned duly to prosecute such appeal a n d to abide t h e order of t h e Cour t thereon At t he Genera l or Q u a r t e r Sessions for which such not ice shall be given the Cour t shall proceed to hear and de te rmine the appeal in a s u m m a r y way or they m a y if t hey t h i n k fit ad journ i t to t h e following Sessions and upon t h e
heai ' ing of such appeal t h e Cour t m a y if t hey t h i n k fit mi t iga te any pena l ty or forfei ture or t h e y m a y confirm or quash the adjudicat ion and order any money paid b y t h e appel lan t or levied b y distress upon his goods to be r e tu rned to h i m and also m a y order such fu r ther satisfaction to be m a d e to t he pa r ty injured as they m a y judge reasonable and they m a y m a k e such order concerning the costs both of t he adjudicat ion
and of t he appeal as t hey m a y t h i n k reasonable . 151 . If t h r o u g h any act neglect or defaidt on account whereof any person shall have incur red any penal ty imposed by th is A c t a n y d a m a g e to any condui t m a i n pipe sewer or o ther p roper ty of t h e Board used in connect ion the rewi th shal l have been commit ted b y such person he shal l be liable to m a k e good such damage as well as to pay such pena l ty and the a m o u n t of such damages shall in case of d ispute be de termined by the Jus t ices b y w h o m t h e p a r t y i ncu r r ing such pena l ty shal l have been convicted and on non -paymen t of such damages on demand the same shall be levied by distress and such
Jus t i ces or one of t h e m shal l issue the i r or his w a r r a n t accordingly. 152. I t shall be lawful for any officer or servant of t he Board and all persons called by him. to his assistance to seize and de ta in a n y person who shall have commit ted any offence agains t t he provisions of th i s A c t and whose n a m e and residence shal l be u n k n o w n to such officer or servant and convey h i m wi th all convenient d ispatch before some Jus t i ce w i thou t a n y war ran t or o the r au thor i ty t h a n th is A c t a n d such Jus t i ce shal l proceed wi th all convenient d ispa tch to t he
hea r ing and de te rmin ing of t he compla in t agains t such offender. 153. A n y notice requi red by this Ac t or any by- law or regu la t ion m a d e t he r eunde r to be served on or given to any owner or occupier of any bui ld ing land or premises or on or to any person m a y be in wr i t ing or p a r t l y in wr i t ing and pa r t ly pr in ted or m a y be who l ly
p r in ted A n d i t shal l be sufficient for all purposes of th i s Ac t unless t h e said A c t in a n y case prescribes a different course to be pursued if
a n y such not ice is sent by post to t he owner by regis tered le t teraddressed to his last k n o w n place of abode or of business or is served on t h e owner or occupier of sucli bu i ld ing land or of premises or left wi th some inmate apparen t ly over t h e age of four teen years l iv ing a t t he place of abode of such owner or occupier or if the re be no occupier if such notice be posted on some conspicuous pa r t of such bu i ld ing or land A n d any not ice requi red to be served or given in respect of a n y publ ic s t reet road or lane m a y be served on or sent by post as aforesaid to t he Town Clerk or Council Clerk of t h e city bo rough or munic ipa l district where in such street road or lane or t he port ion thereof affected by t h e not ice is s i tuated.
S C H E D U L E S .
S C H E D U L E S .
FIRST SCHEDULE.
Year and Number of
Act. Title of Act. Extent of Repeal. Sydney Corporation Act of 1879
| 43 Vic. No. 3 | As to "Water Supply sections 142 143 144 146 147 148 and 153 to 162 both inclusive. As to Sewerage sec tions 201 to 212 both inclusive. |
SECOND SCHEDULE.
Declaration of office by Members of the Hoard.
I DO solemnly and sincerely promise and declare that according to the best of my skill and ability I will faithfully impartially and truly execute the office and perform the duties of a member (or of President or Vice-President) of the Board of Water Supply and Sewerage.
{Signed) A.B.
T H I R D SCHEDULE. Notice to lay Service Pipes.
| NOTICE to the owners of tenements and premises in | street and the |
private streets lanes courts and alleys opening thereunto.
T H E main pipe in the said street having been laid down the owners of all tenements and
premises situated as above are hereby required on or before the
| day of | next to cause a proper pipe and stop-cocks to be laid so as to supply |
water from the main pipe to such tenements and premises.
A.B.
Inspector to the Board of Water Supply and Sewerage,
FOURTH SCHEDULE. Warrant of Distress.
| N E W | SOUTII | W A L E S | To | constable | at |
T 0 W I T
| WHEREAS | of | in New South Wales |
| has been rated at the sum of | per annum for the water rate [or charged |
| or is liable to pay the sum of | duo to the Board of Water Supply |
| and Sewerage as the case may be] as the occupier [or owner] of a certain house or |
| tenement situate in | street in | and now occupied |
by and whereas the sum of being due and payable on account of the said rate charge or sum [as the case may be] on the
day of in the year of our Lord one thousand eight
| hundred and | and was duly demanded by |
| the collector of rates for | on the | day of |
in the year of the said
| who has not yet paid the same | These are therefore to require and authorize you forth |
with to levy the said sum of together with the costs of these presents by distress and sale of the goods found by you in the said building or tenement according to law and that you certify to me on the day of
what you shall do by virtue of this warrant
Given under my hand and seal this day of
in the year of our Lord one thousand eighthundred and
(L.S.)
President [or ~\ ice-President] of the
Board of Water Supply and Sewerage.
K N o . X X X I I I ,
0
0
0