Metropolitan Water Supply and Sewerage Act 1909 (Qld)

Queensland Metropolitan Water Supply and Sewerage Act 1909 Current as at 1 July 2010

Information about this reprint This Act is reprinted as at 1 July 2010. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Metropolitan Water Supply and Sewerage Act 1909 Contents Part 1 1 4 5 Part 2 Division 1 6 7 Division 3 15 16 Division 4 17 Division 5 18 19 Division 6 20 21 22 23 24 25 Part 3 26 27 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Repeal—sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Administration The board and its district The Metropolitan Water and Sewerage Board . . . . . . . . . . . . . . . 15 District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 General powers and proceedings Governor in Council may intervene . . . . . . . . . . . . . . . . . . . . . . . 16 Appointment of officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Dissolution of existing board Dissolution of existing board and transfer of property etc. . . . . . . 18 Property Works to be the property of board . . . . . . . . . . . . . . . . . . . . . . . . 19 Qualified exemption from rates. . . . . . . . . . . . . . . . . . . . . . . . . . . 20 By-laws Power to make by-laws—sch 4. . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Provisions as to by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Passing of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Repeal of by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Saving of past operation of amended or repealed by-law . . . . . . 22 Testing the validity of by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Construction and maintenance of works Board may construct works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Brisbane River supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Metropolitan Water Supply and Sewerage Act 1909 Contents 28 29 30 31 32 33 34 34A 35 36 37 37A 38 38A Part 4 39 40 41 42 42A 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Preliminaries to construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minister may cause plans etc. to be examined. . . . . . . . . . . . . . . Objections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interference with railway works. . . . . . . . . . . . . . . . . . . . . . . . . . . Plans of outlet to be submitted to marine board. . . . . . . . . . . . . . Board may go outside district . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Works by tramway company. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision relating to breaking up roads . . . . . . . . . . . . . . . . . . . . Examination of gas pipes to ascertain cause of water being fouled ......................................... Damage to works by electricity. . . . . . . . . . . . . . . . . . . . . . . . . . . Structures not to be placed so as to interfere with works without authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government to give particulars etc. . . . . . . . . . . . . . . . . . . . Particulars of valuations to be furnished by local government . . . Water supply Water reserves and catchment areas may be constituted . . . . . . Board to supply water for domestic purposes . . . . . . . . . . . . . . . Supply to Botanic Gardens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Water supply to adjoining areas . . . . . . . . . . . . . . . . . . . . . . . . . . Water supply to water supply board . . . . . . . . . . . . . . . . . . . . . . . Request for supply to premises in a road . . . . . . . . . . . . . . . . . . . Supply in other cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreement to supply water for non-domestic purposes . . . . . . . . Board may sell water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lessening etc. supply for domestic purposes . . . . . . . . . . . . . . . Lessening etc. supply for other purposes. . . . . . . . . . . . . . . . . . . Public fire hydrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fire hydrants near factories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Private fire services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose for which water may be used . . . . . . . . . . . . . . . . . . . . . Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed fittings only to be used . . . . . . . . . . . . . . . . . . . . . . . . Repairing fittings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of intention to connect or disconnect fittings . . . . . . . . . . . 25 26 26 27 28 28 29 34 35 37 38 38 39 41 41 42 42 44 44 44 45 46 48 49 50 50 51 51 52 52 53 53 53 Page 2

57 58 58A Part 5 Division 1 59 60 61 Division 2 62 63 64 65 Division 3 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Part 6 80 Part 7 82 83 84 85 Metropolitan Water Supply and Sewerage Act 1909 Contents Protection of fittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When water may be cut off. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electricity and motive power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sewerage and drainage Drainage areas Constitution of drainage areas . . . . . . . . . . . . . . . . . . . . . . . . . . . Sewerage works vested in board . . . . . . . . . . . . . . . . . . . . . . . . . Maps of drainage areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers and duties Maintenance, making, and cleansing of sewers. . . . . . . . . . . . . . Dwelling houses on low-lying land . . . . . . . . . . . . . . . . . . . . . . . . Structures not to be erected in, over, or under sewers. . . . . . . . . No gully or ventilating shaft connected with sewer to be trapped without consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sewered premises General notice when lands and roads are sewered . . . . . . . . . . . Further general notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sewered premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . Owners to submit plans etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board to maintain certain works . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection may be made and alterations ordered . . . . . . . . . . . . Drainage of group of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . Construction of private drains. . . . . . . . . . . . . . . . . . . . . . . . . . . . Cesspools etc. to be closed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Drains etc. to be cleansed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filling up low-lying land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New buildings to have drains etc. approved by board . . . . . . . . . Restriction on right of lessee to remove buildings . . . . . . . . . . . . Water and sewerage fund Revenue, how applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loans Future loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjustments by Treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Half-yearly statement of arrears to be published . . . . . . . . . . . . . Board may obtain bank overdraft . . . . . . . . . . . . . . . . . . . . . . . . . 54 54 55 58 59 60 60 61 61 61 62 62 63 63 63 65 65 65 66 67 67 68 68 69 70 70 71 71 72 Page 3

Metropolitan Water Supply and Sewerage Act 1909 Contents 85A Application to sell debentures . . . . . . . . . . . . . . . . . . . . . . . . . . . 85B Debentures to be under seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85C Loans by the issue of inscribed stock. . . . . . . . . . . . . . . . . . . . . . 85D Debentures and stock take priority over indebtedness to Treasurer ...................................... Part 8 Rates 86 Power to levy rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Water rates 87 Lands subject to water rates when main laid before this Act . . . . 88 Basis of water rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sewerage rates 89 Sewerage rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Basis of sewerage rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessment of rateable value 91 Rateable land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of rates—Appeal 92 Particulars of rates to be delivered to owner or occupier . . . . . . . 93 Appeal for error in amount of rate. . . . . . . . . . . . . . . . . . . . . . . . . Rate-books 94 Form of rate-book—sch 5, form 4. . . . . . . . . . . . . . . . . . . . . . . . . 95 Rate-book may be amended by the board . . . . . . . . . . . . . . . . . . Payment of rates 96 Rates etc. when payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 When owner to pay rates and when occupier . . . . . . . . . . . . . . . 98 When several premises supplied by one pipe, each to pay . . . . . 99 Remedies against tenant where owner liable, and his or her remedies over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery of rates etc. 100 Recovery of rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Timber may be seized for rates in arrear . . . . . . . . . . . . . . . . . . . 102 Rates to be apportioned on the occupier etc. quitting . . . . . . . . . 103 Persons liable may be resorted to in succession . . . . . . . . . . . . . 104 Lands may be let when rates are in arrear—sch 5, form 7. . . . . . 105 Recovery of rates charged on land sold by local government . . . 106 Discount for prompt payment of rates etc. . . . . . . . . . . . . . . . . . . 106A Exemption from rates in certain cases . . . . . . . . . . . . . . . . . . . . . 72 73 75 78 78 78 79 80 80 81 82 82 83 83 84 84 85 85 86 86 86 87 87 88 89 89 Page 4

Part 9 107 108 109 110 111 112 113 114 Part 10 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 Part 11 Division 1 136 137 137A 137B Metropolitan Water Supply and Sewerage Act 1909 Contents Accounts and audit Books of account and inspection by persons interested . . . . . . . Appointment of auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yearly audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Examination and settlement of accounts . . . . . . . . . . . . . . . . . . . Financial statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of auditor to compel discovery. . . . . . . . . . . . . . . . . . . . . . Report of auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special audit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences Unqualified member acting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Officers exacting or accepting fees . . . . . . . . . . . . . . . . . . . . . . . Refusing to give up possession of works . . . . . . . . . . . . . . . . . . . Diverting water, or diminishing supply or injuring it . . . . . . . . . . . Using unauthorised fittings etc. . . . . . . . . . . . . . . . . . . . . . . . . . . Fouling water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing flow etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tampering with works. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interfering with works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Depositing dirt, chemical refuse etc. into sewers etc. . . . . . . . . . Offence as to drain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obstructing execution of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not permitting inspection etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry by owner etc. to execute work. . . . . . . . . . . . . . . . . . . . . . . Non-compliance with orders of the board. . . . . . . . . . . . . . . . . . . Violation of Act an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalties recovered summarily. . . . . . . . . . . . . . . . . . . . . . . . . . . Who are liable for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Saving of other proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisions General Orders in council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Owner where name not known. . . . . . . . . . . . . . . . . . . . . . . . . . . Free search in office of registrar of titles . . . . . . . . . . . . . . . . . . . Free search in Supreme Court registry . . . . . . . . . . . . . . . . . . . . 90 91 91 92 92 93 94 95 96 96 96 96 97 98 99 100 100 101 102 102 103 103 104 105 105 105 105 106 107 108 108 108 Page 5

Metropolitan Water Supply and Sewerage Act 1909 Contents 138 139 140 141 142 Division 2 143 144 144A 144B Division 3 145 145A 147 148 Division 4 149 150 151 152 153 154 155 Division 5 156 Part 12 157 1 2 3 4 Continued operation of notices and orders. . . . . . . . . . . . . . . . . . 108 Remedies for moneys due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Board may act for person in default . . . . . . . . . . . . . . . . . . . . . . . 109 Apportionment of joint liability . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Arrangements with Government. . . . . . . . . . . . . . . . . . . . . . . . . . 110 Compensation Compensation in case of damage . . . . . . . . . . . . . . . . . . . . . . . . 110 Limitation of liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Particulars of claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Powers for execution of Act Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Right of entry to prevent interference with watercourse . . . . . . . . 115 Protection of board and officers from personal liability. . . . . . . . . 116 Justices may act though interested in certain cases . . . . . . . . . . 117 Expenses Board may recover expense of works . . . . . . . . . . . . . . . . . . . . . 117 Expenses recoverable in any court . . . . . . . . . . . . . . . . . . . . . . . 118 Powers of trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Powers of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Powers of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Expenses to remain charge upon premises . . . . . . . . . . . . . . . . . 120 Owners of estate less than fee simple may claim contribution . . . 121 Evidence District etc. need not be proved . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Transitional provisions Transitional provision for Audit Legislation Amendment Act 2006 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Rules to be observed at elections . . . . . . . . . . . . . . . . . . . . . . 129 Provisions governing and relating to the proceedings and business of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Subject matter for by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Officers and servants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Page 6

Metropolitan Water Supply and Sewerage Act 1909 Contents 5 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 6 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 7 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 8 Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 9 Plumbers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 10 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 11 Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 12 Waste etc. of water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 13 Proper fittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 14 Managing works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 15 Catchment areas etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 16 Protecting the water and works . . . . . . . . . . . . . . . . . . . . . . . . . . 133 17 Nuisances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 17A Provision of sanitary conveniences . . . . . . . . . . . . . . . . . . . . . . . 133 18 Prescribing materials, fittings etc.. . . . . . . . . . . . . . . . . . . . . . . . . 133 19 Disinfection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 20 Water supply to groups of premises . . . . . . . . . . . . . . . . . . . . . . . 134 21 Cattle and public vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 22 Prescribing quantity of water to be used by consumers . . . . . . . . 134 23 Insufficiency of water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 24 Specifying purposes other than domestic . . . . . . . . . . . . . . . . . . 135 25 Purposes for which water not supplied. . . . . . . . . . . . . . . . . . . . . 135 26 Misuse of water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 27 Specifying where fittings may be laid or placed . . . . . . . . . . . . . . 135 28 Supply to sanitary conveniences . . . . . . . . . . . . . . . . . . . . . . . . . 136 29 Building on low-lying land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 30 Trade refuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 31 Fixing levels of water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 32 Sewers and drains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 33 New sewers on cutting up land. . . . . . . . . . . . . . . . . . . . . . . . . . . 137 34 Charge for water supplied to lands not rateable . . . . . . . . . . . . . . 137 35 Sale of water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 36 Charges for water supplied by measure . . . . . . . . . . . . . . . . . . . . 137 37 Levying rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 38 Basis of water rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 39 Basis of sewerage rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Page 7

Metropolitan Water Supply and Sewerage Act 1909 Contents 40 Increase or reduction in price of water . . . . . . . . . . . . . . . . . . . . . 138 41 Removal etc. of unlawful works . . . . . . . . . . . . . . . . . . . . . . . . . . 139 41A Riparian owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 41B Electricity etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 42 Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional and savings provisions . . . . . . . . . . . . . . . . . . . . . . . . . . 148 148 149 149 150 150 152 159 Page 8

Metropolitan Water Supply and Sewerage Act 1909 Part 1 Preliminary [s 1] Metropolitan Water Supply and Sewerage Act 1909 [as amended by all amendments that commenced on or before 1 July 2010] An Act to make better provision for the water supply and sewerage of the City of Brisbane and its suburbs Part 1 Preliminary 1 Short title This Act may be cited as the Metropolitan Water Supply and Sewerage Act 1909 . Editor’s note — The City of Brisbane Act 1924 , section 51 provided— ‘On and after a date to be fixed in that behalf by the Governor in Council, by order in council, the Metropolitan Water Supply and Sewerage Board, constituted under the Metropolitan Water Supply and Sewerage Act, shall be dissolved.’. See endnote 8 to this reprint for the full text of the section. The date fixed by order in council was 2 April 1928 (see o in c pubd gaz 28 March 1928 p 1157). The order in council also modified the effect of various provisions of the Act, especially sections 4, 5 and 6. See endnote 8 to this reprint for the full text of the order in council. 4 Interpretation In this Act— audit office means the Queensland Audit Office established under the Auditor-General Act 2009 . Current as at 1 July 2010 Page 9

Metropolitan Water Supply and Sewerage Act 1909 Part 1 Preliminary [s 4] authorised means— (a) when used with respect to fittings and drainage apparatus— authorised by this Act or by the board; (b) when used with respect to officers—an officer of the board authorised by the board or the president either generally or for any particular purpose. board means the Metropolitan Water Supply and Sewerage Board constituted by this Act. cattle means horses, cattle, sheep, and pigs, and such other quadrupeds as the Governor in Council from time to time, by order in council, declares to be cattle for the purposes of this Act. daily penalty means a penalty for each day on which an offence is continued or repeated— (a) after notice has been given to the offender of the commission of the offence; or (b) after a conviction or order by any court. dissolved board means the Brisbane Board of Waterworks dissolved by this Act. district means the Metropolitan Water Supply and Sewerage District constituted by this Act. domestic purposes includes all the purposes for which water is ordinarily used in or in connection with a dwelling house or the land attached thereto, or in watering gardens appurtenant to dwelling houses and not used for the purposes of business, or in cleansing private vehicles, or in a ship, but does not include the washing of decks or boats, or the use of water for livery or carriers’ stables, or for any manufacturing purpose, or for irrigation, or for water power, or for any fountain, or for any ornamental purpose. drain means— (a) any drain from and used for the drainage of 1 building only or of land within the same curtilage; or Page 10 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 1 Preliminary [s 4] (b) any combined drain used with the sanction of the board for the drainage of 2 or more buildings belonging to one owner or to different owners; or (c) any drain for draining any group or block of premises by a combined operation under an order of the board. drainage apparatus means any sink, trap, pipe, access hole, ventilator, branch drain, connection, septic tank, or other fitting apparatus or appliance for or in connection with any sewer, drain, or sanitary convenience. Elections Act means the Elections Act of 1915 and any Act in substitution for that Act. elector means a person named as such in any electoral roll of an electoral district or electoral division comprised within the Metropolitan Water Supply and Sewerage District and enrolled on a voters’ roll compiled under this Act. electoral district means an electoral district constituted for the time being under the Elections Act. fitting means a pipe, valve, meter, or other fitting apparatus or appliance for or in connection with water supply. land means all messuages, structures, wharves, piers, jetties, premises, lands, tenements, and hereditaments of every tenure, also streams, reservoirs, and water of every description, also easements of every description, and, when necessary, includes any part of a structure, curtilage, or premises separately occupied. Local Government Act means the LocalGovernmentAct2009 . newspaper means a newspaper generally circulating within the district. occupier means the person in actual occupation of land, or, if there is no person in actual occupation, the person entitled to possession of the land. open to inspection , used in reference to books, documents, and writings belonging to or relating to the business of the board means open to inspection or for the making of any copy Current as at 1 July 2010 Page 11

Metropolitan Water Supply and Sewerage Act 1909 Part 1 Preliminary [s 4] or extract at the office of the board at all reasonable times during office hours by any person authorised by the Minister or by any elector or creditor, of the board or any person acting on behalf of a elector or creditor, without payment of any fee. owner means the person for the time being entitled to receive the rents and profits of the land in connection with which the word is used, whether on the person’s own account or as the agent of or trustee for any other person, or who would be entitled to receive the same if the land were let at a rent, and includes the registered proprietor under the Acts relating to real property and any person seised of the legal estate in land. pipe means a main, main-pipe, pipe, stopcock, water-cock, siphon, hydrant, branch, or other similar apparatus. person includes a firm and an association of persons, and a body corporate and a local government. president means the President of the Board, and, when necessary, includes the deputy president. qualified person , for appointment as an auditor under section 108(1) or a special auditor under section 114(1), means— (a) a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’; or (b) a member of The Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’; or (c) a member of the National Institute of Accountants who is entitled to use the letters ‘MNIA’, ‘FNIA’, ‘PNA’ or ‘FPNA’; or (d) an officer of the audit office. ratepayer means a person named in the books of the board as a person liable to pay rates. reservoir means a reservoir, bore, dam, tank, cistern, or well. road means any highway, bridge, road, street, public place, lane, footway, square, court, alley, or passage, whether a Page 12 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 1 Preliminary [s 4] thoroughfare or not, and any public wharf or jetty, and, when necessary, includes the roadway or pavement of a road. sanitary convenience includes a water closet, urinal, bath, slop sink, and any convenience for the like purpose. secretary means the secretary of the board, and, when necessary, includes the officer of the board for the time being authorised to discharge the duties of the secretary. sewer means any sewer or underground channel vested in and under the control and management of the board which is not a drain as herein defined; also any drain, branch, or portion of a drain laid between a sewer and the boundary line of any allotment or curtilage, or for any part of the distance between a sewer and the boundary line of any allotment or curtilage, but does not include— (a) any natural watercourse or natural stream into which sewage is received or discharged, or in which sewage flows; or (b) any open water-channel or watertable in or upon any road; or (c) any open or underground channel vested in any local government and used for carrying off storm water. sewerage works means any sewer, drain, structure, engine, pump, machinery, drainage apparatus, or other work for or in connection with sewerage and drainage constructed or erected whether before or after the commencement of this Act with the appurtenances. stream means a river, creek, brook, spring, aqueduct, waterway, conduit, tunnel, sluice, ditch or other running water. structure means any building, wall, fence, or other structure, or anything affixed to or projecting from any building, wall, fence, or other structure. watercourse means the bed of a river, creek, or other channel in which water flows either ordinarily, intermittently, or occasionally. Current as at 1 July 2010 Page 13

Metropolitan Water Supply and Sewerage Act 1909 Part 1 Preliminary [s 5] waterworks means any reservoir, stream, structure, culvert, weir, engine, machinery, pipe, fittings, or other work for or in connection with water supply constructed or erected whether before or after the commencement of this Act with the appurtenances, and includes all works and all matters and things connected therewith or appurtenant thereto in course of construction, erection, or completion at the commencement of this Act. works means waterworks and sewerage works, and all other works which the board under this Act is authorised to undertake, construct, or maintain, and all matters and things connected with any works or appurtenant thereto, and includes any tramway, quarry, gravel pit, or coal mine vested in or under the control of the board. 5 Repeal—sch 1 (1) Subject to this Act, the Acts specified in schedule 1 are repealed. Editor’s note — This section was modified by order in council pubd gaz 28 March 1928 p 1157. See endnote 8 to this reprint for the text of the order in council. Proceedings (2) All proceedings and things lawfully had or done by the dissolved board under or in pursuance of any of the said Acts, or any Act thereby repealed, shall be and continue to be of the same force and effect as if no such repeal had taken place. Validation of by-laws (3) All by-laws heretofore made and still remaining unrepealed by the dissolved board, and which would have been valid if made under the powers conferred by the said Acts, shall be and be deemed to have been valid, and shall, so far as power is conferred by this Act to make by-laws for the same or similar objects, remain in force until they are repealed or amended by other by-laws or otherwise under this Act. Page 14 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 2 Administration [s 6] Penalties (4) All penalties and forfeitures imposed under any of the said Acts, and incurred at the commencement of this Act, shall and may be enforced by the board under this Act. Rights of Treasurer (5) All rights, powers, and authorities which, at the commencement of this Act, have accrued to the Treasurer under any of the said Acts may be exercised and enforced against the board under this Act. Part 2 Administration Division 1 The board and its district 6 The Metropolitan Water and Sewerage Board (1) For the effective administration of this Act there shall be a board to be called the Metropolitan Water Supply and Sewerage Board. Editor’s note — This section was modified by order in council pubd gaz 28 March 1928 p 1157. See endnote 8 to this reprint for the text of the order in council. Corporation (2) The Metropolitan Water Supply and Sewerage Board shall by that name be a body corporate with perpetual succession and a common seal, and shall be capable in law of suing and being sued, and of taking, purchasing, holding, and alienating land, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. Current as at 1 July 2010 Page 15

Metropolitan Water Supply and Sewerage Act 1909 Part 2 Administration [s 7] 7 District (1) For the purposes of this Act the area which for the time being comprises the City of Brisbane shall constitute the district called the Metropolitan Water Supply and Sewerage District, and the provisions of this Act shall, except where the contrary intention appears, apply with respect to that district. (2) In this section— City of Brisbane means Brisbane under the City of BrisbaneAct 2010 . Division 2 Constitution of the board [Not reprinted—See editor’s note at section 1 of this Act.] Division 3 General powers and proceedings 13 First meeting [Not reprinted—See editor’s note at section 1 of this Act.] 14 Provisions relating to proceedings and business—sch 3 [Not reprinted—See editor’s note at section 1 of this Act.] 15 Governor in Council may intervene (1) The Governor in Council may at any time, by order in council, suspend, amend, or rescind any resolution of the board, or may prohibit the expenditure of any moneys from the water and sewerage fund upon any work which the Governor in Council deems unnecessary, or which will in the Governor in Council’s opinion impose undue burdens upon the ratepayers of the district or any part thereof. Page 16 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 2 Administration [s 16] Extravagant allowances etc. (2) If, whether in pursuance of any resolution of the board, or otherwise, any payment of money has been made to any member out of any moneys under the control of the board which the Governor in Council considers unnecessary, extravagant, or illegal, the Minister shall order such member to repay such money to the board forthwith or within such time as the Minister allows. (3) If such member does not repay such money in pursuance of such order, the order may be made an order of the Supreme Court by filing a copy thereof in the office of the registrar of such court, and may be enforced accordingly. 16 Appointment of officers (1) The board from time to time shall appoint a secretary, and may appoint such engineers, surveyors, inspectors, collectors, clerks, rangers, turncocks, and other officers and servants as may be necessary for the purposes of this Act and for the due administration thereof. (1A) It may out of the water and sewerage fund pay to its officers such salaries and allowances as it may determine. Bailiffs (2) The board may from time to time appoint a bailiff or bailiffs for the purpose of levying rates and other moneys due to the board by distress and sale. (2A) A bailiff so appointed shall have power and authority to sell by public auction any goods and chattels seized under warrant of distress without taking out a licence as an auctioneer. (3) Except in the case of any officer or servant who is appointed by the board under a special agreement in writing containing the terms and conditions of service and employment, all officers and servants of the board appointed pursuant to this Act shall hold office during the pleasure of the board. (3A) The president may discontinue the employment of any officer or servant of the board whenever in the president’s opinion Current as at 1 July 2010 Page 17

Metropolitan Water Supply and Sewerage Act 1909 Part 2 Administration [s 17] the services of such officer or servant are no longer required in connection with any of the works or business of the board. (3B) However, the president shall report the matter at the next meeting of the board thereafter. (4) Notwithstanding anything hereinbefore contained, the president shall have the power from time to time to employ any officer or servant for any temporary purpose, and fix the officer’s or servant’s emolument, whenever in the president’s opinion it is necessary so to do for the purpose of expediting the business of the board, and at any time to dispense with the services of any such temporary officer or servant. Division 4 Dissolution of existing board 17 Dissolution of existing board and transfer of property etc. (1) Upon the commencement of this Act the Brisbane Board of Waterworks shall be dissolved, and thereupon the following provisions shall be applicable— (2) All the waterworks and all lands vested in or under the control of the dissolved board, and all interests, rights, benefits, and advantages appurtenant to, connected with, or related to all such waterworks and lands, and all other works, structures, plant, machinery, pipes, and all other appliances, fittings, and apparatus (other than service pipes laid within any private land at the cost of any owner or occupier of such land), and all personal property whatsoever of the dissolved board, shall, without any conveyance, assignment, or transfer, be vested in the board for the purposes of this Act. (2A) All such waterworks constructed or in course of construction shall continue and be completed and shall be maintained and managed by the board under and subject to this Act in all respects as if they had been constructed under the authority hereof. Page 18 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 2 Administration [s 18] Rights and liabilities etc. (3) All rights, liabilities, obligations, contracts, and engagements of the dissolved board then existing shall be, and continue to be, vested in, and shall attach to, and may be enforced by or against, the board under this Act. Rates etc. due (4) All rates and other moneys which are then due or payable to or leviable by the dissolved board shall be and continue to be so due, payable, and leviable, and may be paid to, and received, levied, and recovered by the board under this Act. Actions etc. (5) All actions and proceedings then pending by or against the dissolved board may be carried on and prosecuted by or against the board under this Act, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained. Existing licences, registrations, and permits (6) All licences, registrations, and permits duly issued, made, or granted by the dissolved board, and then subsisting, shall continue in force for the period (if any) specified in such licences, registrations, or permits unless the same are sooner suspended, cancelled, or revoked under or in pursuance of this Act. Division 5 Property 18 Works to be the property of board The whole of the works, and all water which at any time is in any stream, watercourse, reservoir, pipe, or other part of the waterworks, and the whole contents of any sewer or drain under the control of the board, and all moneys received by the board under this Act shall vest in and be the property of the Current as at 1 July 2010 Page 19

Metropolitan Water Supply and Sewerage Act 1909 Part 2 Administration [s 19] board, and shall be used and dealt with by it for the purposes of this Act. 19 Qualified exemption from rates (1) Save as herein provided, all land vested in or in the occupation of the board shall be deemed to be rateable land within the meaning of the Local Government Act. (2) However, such land, if occupied by any of the sewers, drains, or pipes of the board, or any fittings or drainage apparatus of the board, shall not be so deemed to be rateable land. (3) In addition, all storage and other reservoirs and all catchment areas respectively vested in or under the control of the board shall not be so deemed to be rateable land. Division 6 By-laws 20 Power to make by-laws—sch 4 Subject to this Act, the board may from time to time make by-laws with respect to all or any of the matters mentioned in schedule 4. 21 Provisions as to by-laws (1) Unless by this Act it is otherwise expressly provided, no by-law shall contain any matter contrary to this Act or any law in force in Queensland. (2) A by-law may impose a penalty for any breach thereof, and may also impose different penalties in case of successive breaches. (2A) But no such penalty shall exceed $100. (2B) A by-law may also impose a daily penalty for any breach thereof. (2C) But no such penalty shall exceed $10 per day. Page 20 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 2 Administration [s 22] (2D) A by-law may provide that in addition to a penalty any expense incurred by the board in consequence of a breach of such by-law, or in the execution of work directed by the by-law to be executed by any person and not executed by the person, shall be paid by the person committing such breach or failing to execute such work. (3) A by-law may require any work or thing to be executed or done of such materials, within such time, or in such manner, as may be directed or approved in any particular case by the board or the president, or any authorised officer or other person, and may require works to be executed only by qualified and licensed persons. (4) A by-law may authorise the board or the president, or any authorised officer, to pull down, remove, or alter any work, structure, material, or thing erected or being in breach of any by-law, and to recover all expenses incurred in so doing. (4A) The exercise of this authority shall not relieve any person from liability to any penalty incurred by reason of such breach. (5) A by-law may leave any matter or thing to be from time to time determined, applied, dispensed with, prohibited, or regulated by the board by resolution or by the president or by any authorised officer either generally or for any classes of cases, or in any particular case. (6) A by-law may provide for the issue or making of licences, registrations, or permits to or with respect to persons and property, and for the payment of reasonable licence, registration, and permit fees. (7) A by-law may provide for the payment of reasonable fees for inspections and other services by officers of the board. (8) A by-law may apply to a specified part only of the district. 22 Passing of by-laws (1) Every by-law shall be passed at a special meeting of the board called for that purpose, and shall be confirmed at a subsequent Current as at 1 July 2010 Page 21

Metropolitan Water Supply and Sewerage Act 1909 Part 2 Administration [s 23] special meeting of the board, and shall be sealed with the seal of the board. Publication of notices of proposed by-law (2) After a resolution for passing a by-law has been agreed to by the board, and not less than 14 days before the resolution is confirmed, a copy of such by-law shall be deposited at the office of the board, and shall be there open to inspection; and a notice shall be published in some newspaper setting forth the general purport of the proposed by-law, and stating that a copy is open to inspection. To be approved by Governor in Council (3) After a by-law has been sealed it shall be submitted for the approval of the Governor in Council, and if approved by the Governor in Council shall be published in the gazette, and thereupon such by-law shall have the force of law. 23 Repeal of by-laws A by-law or part of a by-law may be repealed by the Governor in Council by order in council. 24 Saving of past operation of amended or repealed by-law Notwithstanding the amendment or repeal of any by-law, every offence committed against the by-law before the amendment or repeal thereof shall be adjudicated upon and punished; and every act or proceeding done or commenced, and every right, privilege, or protection acquired, and every liability incurred, shall continue to be prosecuted and be of the same force and effect as if the by-law had not been amended or repealed. 25 Testing the validity of by-law (1) If any elector desires to dispute the validity of a by-law or part of a by-law, the elector may pay into the Supreme Court the sum of $40 as security for the costs of the proceedings, and Page 22 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 26] may thereupon apply to the said court or a judge thereof for an order calling upon the board to show cause why such by-law or part of a by-law should not be quashed for the invalidity thereof. (2) Upon the hearing of the matter, the court or judge may quash or amend the by-law, or confirm the validity thereof, as to the court or judge seems meet. (3) If the court or judge quashes or amends the by-law, the amount paid into court as security for costs shall be ordered to be repaid to the elector, with costs not to exceed $40 or without costs, as the court or judge determines. (4) If the validity of the by-law is confirmed, the court or judge may make an order for the payment to the board of the amount paid into court as security for costs. Part 3 Construction and maintenance of works 26 Board may construct works Subject to this Act, the board shall have power, from time to time, to construct, acquire, provide, extend, renew, and improve, and to maintain, alter, and repair, waterworks and sewerage works, and to discontinue such of them as in its opinion are obsolete or useless. 27 Brisbane River supply (1) Subject to this Act, the board shall have power, from time to time— (a) to obtain from the Brisbane River or any tributary thereof or the Logan River or any tributary thereof at the locality fixed by the plans heretofore duly approved, and to obtain from either such river or any tributary thereof Current as at 1 July 2010 Page 23

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 27] or from any other river or stream or tributary thereof at the localities respectively shown on and fixed by plans to be submitted to and approved by the Governor in Council, as hereinafter provided, and also from its reservoirs, an adequate supply of water for its purposes, and whether in substitution for or in addition to any existing supply; Weirs (b) to construct and thereafter maintain, repair, enlarge, alter, and renew any dam or weir across the Brisbane River or any tributary thereof or the Logan River or any tributary thereof, or any other river or stream or tributary thereof, at any locality shown on and fixed by any plan submitted to and approved by the Governor in Council as hereinafter provided; Filtration and purification (c) to establish works and furnish appliances, in any suitable locality approved by the Governor in Council, for the filtration and purification of water. No compensation (3) No compensation shall be payable in respect of any diminution of the quantity of water in the Brisbane River, or any part thereof, or any tributary thereof, or in any stream or watercourse, by reason of any works of the board. No action (4) After such compensation as is payable under this Act has been paid to all persons interested, no action, indictment, information, or other proceedings shall be commenced, presented, prosecuted, or maintained against the board or any officer thereof or other person for or in respect of any alleged obstruction of the navigation of, or deprivation of access to, or diminution of the quantity of water in the Brisbane River, or any part thereof, or any tributary thereof, by reason of the execution of any work authorised by this Act, or for or in Page 24 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 28] respect of any damages, loss, or expenses occasioned or alleged to be occasioned or in anywise whatsoever arising therefrom, except damages, loss, or expenses occasioned or alleged to be occasioned by the flooding of lands by reason of the execution of any such work. 28 Preliminaries to construction (1) The board shall, before undertaking the construction of any works— Surveys and levels (a) cause the necessary surveys and levels of lands and roads to be made and taken; and Plans etc. to be deposited (b) cause to be prepared plans, sections, specifications, books of reference, and an estimate of the cost of the proposed works, together with a statement showing the net earnings, if they are intended to be immediately revenue-producing, estimated to be derived from them, and a statement showing the rateable value under the LocalGovernmentAct of the land to be benefited by them, and cause the same or certified copies thereof to be deposited at the office of the Minister, and also at the office of the board; and Notice (c) cause an advertisement to be published in the gazette and in at least 2 newspapers specifying— (i) a description of the proposed works; (ii) the localities at which they will be constructed; (iii) the purposes for which they are to be constructed; (iv) the parts of the district which are intended to be supplied with water or drained or otherwise affected; Current as at 1 July 2010 Page 25

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 29] (v) the times when and places at which the plans, sections, specifications, and books of reference may be inspected. Inspection (2) The documents so deposited shall be open to inspection. 29 Minister may cause plans etc. to be examined On the deposit of the documents aforesaid at the office of the Minister, the Minister may cause them to be examined and reported on by an engineer, who shall, if required by the Minister, visit the locality of the proposed works before reporting upon the same. 30 Objections (1) Any local government or person interested may object in writing to the construction of the whole or any part of the proposed works. (2) Every such objection shall be lodged with the Minister within 1 month from the date of the publication in the gazette of the advertisement hereinbefore prescribed, and shall be inquired into and reported on by the engineer aforesaid. Governor in Council may authorise construction of works (3) If, after the expiration of 1 month from such publication the Minister is satisfied that— (a) this Act has been complied with; and (b) the revenue estimated to be derived from the proposed works (if they are intended to be immediately revenue-producing) is sufficient to justify the undertaking; and (c) the works, if carried out in the manner designed, will be for the public benefit; and Page 26 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 31] (d) the objections (if any) lodged are not sufficient to require the approval of the Governor in Council to be withheld; the Minister shall submit the documents to the Governor in Council for approval. (4) If they are approved, the Governor in Council may forthwith, by order in council, empower the board to construct the works. (5) Such order shall be notified in the gazette and in at least 2 newspapers. 31 Interference with railway works (1) When any works may interfere with any rail corridor land, the board shall before commencing the same give notice of its intention to the railway manager for the land, together with a plan and section showing the nature of such interference. (2) Unless the railway manager within 1 month after the service of such notice delivers to the board a signed statement of any objections the manager has to the proposed works, the manager shall be taken to have approved thereof. (3) If any objections are made by the railway manager which the board considers unreasonable, the matter in difference shall be determined by the Governor in Council, whose decision shall be final and binding on the parties. (4) But such proposed works shall not be proceeded with until the parties have agreed or such decision has been given. (5) In this section— rail corridor land has the meaning given by the TransportInfrastructure Act 1994 . railway manager , for rail corridor land, has the meaning given by the Transport Infrastructure Act 1994 . Current as at 1 July 2010 Page 27

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 32] 32 Plans of outlet to be submitted to marine board (1) In order to preserve the navigation of the Brisbane River, the plans of any sewerage works proposed to be constructed upon the bank, bed, or shore of the said river, or of the sea adjacent to the mouth of the said river, shall be submitted to the marine board before such works are commenced. (2) Unless the marine board, within 1 month after the receipt of a copy of such plans, serves upon the board a notice specifying their objections to the proposed works as interfering with the navigation of the said river, the marine board shall be taken to have approved thereof. (3) If any objections are made by the marine board which the board considers unreasonable, the matter in difference shall be determined by the Governor in Council, whose decision shall be final and binding on the parties. (4) But such proposed works shall not be proceeded with until the parties have agreed or such decision has been given. 33 Board may go outside district (1) The board may exercise all or any of its powers outside the district for the purpose of the storage distribution, or supply of water or of the outfall or distribution or disposal of sewage. (2) However, 2 months at least before commencing the construction of any such work outside the district the board shall give notice of the proposed work by advertisement in at least 2 newspapers, and in such notice shall describe the nature of the proposed work, and shall state the names of the roads and lands (if any) through, across, under, over, or on which the work is to be constructed, and shall appoint a place where a plan of the intended work is open to inspection. Objections (3) A copy of such notice shall be sent to the owners and occupiers of such lands so far as known and to the local government concerned. Page 28 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 34] (4) If any such owner, occupier, or local government, or any person who would be affected by the work, gives to the board notice in writing of his or its objection to such work, the board shall not commence the work without the approval of the Governor in Council, who may direct an inquiry to be made into the matter of the said objection, and may employ such person as the Governor in Council thinks fit to make such inquiry. 34 Powers of board (1) Subject to this Act, for the purposes of the construction, maintenance, management, and control of works, and the doing of anything which the board is by this Act authorised to do, the board, by its officers, servants, and agents, may, from time to time, exercise the following powers, and do all such auxiliary or consequential acts, matters, and things as it deems proper for the execution of this Act— (2) In respect of any land granted in fee simple, whether within or without the district, which Brisbane City Council by resolution declares to be required by it for or in connection with any of the purposes of this Act, the council shall be a constructing authority under and within the meaning of the AcquisitionofLandAct1967 , the provisions whereof shall apply and extend accordingly. (2A) Whenever in the opinion of the board it is expedient for the execution of this Act and facilitating the execution and management of the works and business of the board, the board may, with the approval of the Governor in Council, construct, acquire, purchase, contract for the use of, work, maintain, and manage— (a) any tramway; (b) any coalmine; (c) any quarry; (d) any gravel pit; (e) any cement mill; Current as at 1 July 2010 Page 29

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 34] (f) any mine containing alum or other mineral requisite for the purposes of the operations of the board; (g) any sawmill; and in connection with the working thereof employ or contract with teamsters for drawing timber, purchase and work teams for drawing timber, and make advances to or guarantee the liability of teamsters who purchase teams for drawing timber; (h) works for the manufacture of pipes or fittings or other apparatus for use in the operations of the board, with all necessary machinery, plant, and equipment. (2B) Any such tramway may be constructed, worked, and managed in, upon, across, over, or under any road, reserve, or navigable stream. (2C) The board may use and employ upon any such tramway locomotive engines propelled by steam or other locomotive power and rolling stock to be drawn and propelled thereby. (2D) The board may carry for hire upon any such tramway for the public, passengers, goods, live stock, and material, at such rates as shall be fixed by by-laws of the board made under this Act (which by-laws the board is hereby empowered to make), and in so doing shall have no further liability than the liability of stage coach proprietors and common carriers under the laws of Queensland. (3) The board may construct and provide works and machinery for collecting, receiving, storing, disinfecting, purifying, distributing, destroying, utilising, or disposing of sewage and sewage matter; and may establish sewage farms. (3A) For such purposes, the board may— (a) contract to supply for any period not exceeding 21 years any person with sewage, and as to the execution and cost of works for the purposes of such supply; (b) contract for the purchase, sale, or disposal of screenings, sludge, and other materials. (4) The board may deal with any land held by it for sewerage purposes in such manner as it deems most profitable, either by Page 30 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 34] leasing the same for a period not exceeding 21 years for agricultural or other purposes, or by contracting with some person to take the whole or part of the produce of such land, or by farming such land and disposing of the produce thereof; subject to this restriction, that in dealing with land for any of the above purposes provision shall be made for effectually disposing of all sewage brought to such land without creating a nuisance. (4A) If the board agrees with any person as to the supply of sewage to such land and as to the works to be made for the purpose of such supply, it may contribute to the expense of carrying into execution by such person all or any of the purposes of such agreement. (5) The board may enter upon any land or road and make surveys and take levels, and set out such parts of any work as it thinks fit, and break up the soil, and carry out therein all necessary operations, and erect fences, and remove or use any earth, trees, timber, materials, and other things in, on, or under the land or road, and where necessary carry on blasting operations. (6) The board may construct and maintain in, on, or under any road, or under any railway or tramway, or in, on, through, across, over, or under any land, pipes, streams, ditches, flumes, sewers, drains, manholes, siphons, tunnels, and other works, and open, cleanse, repair, alter, discontinue, or remove any of them. (6A) Such alteration or discontinuance of a sewer or drain shall only be permitted on condition of providing a sewer or drain as effectual for the use of any person who is thereby deprived of the lawful use of a sewer or drain. (7) The board may temporarily place on any part of any road any pipes, fittings, apparatus, appliances, or things during or in preparation for the construction of any works. (7A) However, such pipes, fittings, apparatus, appliances, or things shall not be so placed as unnecessarily to obstruct traffic or the drainage of any road, and that no more of the same shall Current as at 1 July 2010 Page 31

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 34] (8) (8AA) be so placed than are reasonably necessary for the works as the works proceed. The board may divert, intercept, and store all water in or coming from any stream, watercourse, or other source, or in any water reserve or catchment area under the control of the board, and alter the course of any such stream or watercourse, and take any water found under or on any land. The board shall, when reasonably practicable, provide other watering places and channels for the use of adjoining lands in place of those taken away or interrupted. Power as to watercourses etc. (8A) The board may, within its district or any reserve or catchment area, or on any river, stream, or watercourse under its control, contract for or itself undertake— (a) works for the prevention of the pollution of any river, stream, or watercourse, and for the reduction, abatement, and removal of obstructions, annoyances, and nuisances; (b) the dredging, deepening, and widening of any river, stream, watercourse, or other water or source of water supply; (c) the removal from any river, stream, watercourse, or other water or source of water supply, or from the bed or banks of the same, of weeds and other growth driftwood logs trees branches and other timber rock sand stone and gravel or other obstructions, and may dispose of the same towards recouping the cost of removal; (d) construct and maintain any work necessary to prevent floods or damage from floods of rivers, streams, or watercourses, and all walls, embankments, and works necessary for rendering such work effective; (e) construct and maintain works for the preservation of the bed and banks of any river, stream, or watercourse from erosion or other damage or injury from any cause; Page 32 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 34] (f) the filling up, levelling, grading, and reclamation of low-lying or flooded lands. (8B) However, nothing herein shall authorise the board to interfere with the banks, bed, or stream of any tidal water at any place subject to tidal influence without the consent of the Governor in Council. (9) The board may cause any sewage to discharge upon land acquired by the board for that purpose, or to communicate with the sea or any arm thereof, or with any stream or watercourse, or to be sold or otherwise disposed of as it sees fit. (9A) The board shall not make or use any sewer, drain, or outfall for the purpose of conveying any sewage or filthy water into the sea or any arm thereof, or into any stream or watercourse until such sewage or filthy water is purified and rendered innocuous in its effects. (10) The board may construct ventilating shafts or tubes in any road or land, and may, if it thinks fit, carry them up the exterior wall of any structure, whether public or private. (10A) However, the mouth of every such shaft or tube shall be at least 6ft higher than any window or door situated within a distance of 30ft therefrom. (10B) The board may make use of the chimney of any public building or of any factory or of any tramway building as a ventilating shaft or tube. (11) The board may cause the drainage from sewerage construction works to flow along any channel or watercourse during the course of such construction. (12) If the board deems it necessary to alter the situation of any tram rails, water pipes or water works, gas pipes, or gas works, hydraulic steam or other pipes, electric or telephonic lines, pneumatic pipes or tubes, or other works laid in or under or over any road or land, it may, by notice in writing, require the person to whom the works belong to alter the situation of the same in such manner and within such reasonable time as is specified in such notice. Current as at 1 July 2010 Page 33

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 34A] (12A) The expense connected with any such alterations shall be paid by the board. (12B) If such notice is not complied with, the board may make the alterations required. (13) In the exercise of the powers conferred by this Act, the board shall do as little damage as may be. (14) The board shall not exercise any of its powers under this Act in such a manner as to create a permanent nuisance. 34A Works by tramway company Notwithstanding anything contained in the Tramways Acts 1882 , the following provisions shall apply where any company within the meaning of that Act and notwithstanding anything contained in the Brisbane Tramway Trust Act 1922 the following provisions shall apply where the trust proposes at any time to exercise or exercises its powers under the said Acts by doing any work which would alter the position of, or in any manner or to any extent endanger or interfere with, any of the works of the board— (1) The company shall give to the board 14 days previous notice in writing of the intention to begin the work, accompanied by a plan and section of the work. (2) If within 14 days after service of such notice the board so directs, the company or trust shall make such reasonable modifications in the plan of the proposed work as are requisite for the proper protection of the board’s works. (3) The work as so modified (where any modification is so directed) shall be carried out at the cost of the company or trust under the superintendence and to the reasonable satisfaction of some competent person appointed by the board. (4) All works of the board shall, notwithstanding that they may have been executed or altered wholly or in part by the company or trust, remain under the sole control of the board Page 34 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 35] and shall be thereafter maintained by the board in the same manner as if the tramway had not been constructed. (5) If any dispute shall arise between the board and the company or trust with respect to any matter arising under this section, such dispute shall be referred to the Minister in manner prescribed by the by-laws (which by-laws the board is hereby empowered to make), and the Minister shall determine such dispute, and the Minister’s decision thereon shall be final and binding upon the parties. 35 Provision relating to breaking up roads (1) The following provisions shall apply to the breaking up of roads by the board or by any person under its authority under this Act— Notice (2) Before the board or such person breaks up any road, the board shall give to the local government concerned notice in writing, specifying the proposed work, its exact location, and the date on which the work will be commenced, not less than 48 hours before beginning such work, except in cases of emergency which justify the omission to give such notice, in which cases the notice shall be given as soon as conveniently may be, being not more than 48 hours after beginning the work or after the necessity for it has arisen. Traffic (3) Except by the permission of the local government, the traffic in such road shall not at any one time be stopped or hindered along more than half the width thereof, nor, if the half left open is of less than the clear width of 14ft, along more than 200yds in length. Temporary works (4) In any case the board or such person acting under its authority shall make such temporary and other works for the Current as at 1 July 2010 Page 35

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 35] convenience of passengers and traffic as the circumstances require. Superintendence (5) When a notice is required to be given, a road shall not, except in case of emergency, be broken up except under the superintendence of an officer of the local government concerned. (5A) But if such officer, after notice, fails to attend at the time fixed for the breaking up, or if such officer refuses or neglects to superintend the work, the board or such person may perform the work without such superintendence. Reinstatement without delay, and precautions (6) When the board or such person breaks up a road, it or the person shall— (a) with all convenient speed complete the work for which it is broken up, and fill in the ground, and reinstate and make good the road and carry away all surplus materials and the rubbish occasioned by the operations. All such surplus materials and rubbish shall be the property of the board and may be carried away in such manner as in the opinion of the board will occasion the least expense; and (b) at all times, whilst any such road continues broken up, cause it to be fenced and guarded, and a sufficient light to be kept there at night; and (c) keep every road which has been so broken up in good repair for 6 months after making good the same. (6A) The board and such person as aforesaid shall each of them be liable in respect of any injury or damage occasioned to any person by reason of the failure of the board or such person as aforesaid to comply with the foregoing provisions. Page 36 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 36] When local government may reinstate (7) If the board or such person as aforesaid, having broken up a road— (a) keeps it broken longer than is reasonably necessary, or fails within 7 days after filling in the opening to make good such road or to carry away all surplus materials, and the rubbish occasioned by the operations, to the satisfaction of the local government concerned, or further, in the event of the trench sinking at any time within 6 months next ensuing, and attention having been called to such sinking; (b) neglects to cause the road to be fenced, guarded, and lighted as prescribed; the local government concerned may do the necessary work, and recover from the board or the person in default the expense incurred. 36 Examination of gas pipes to ascertain cause of water being fouled (1) For ascertaining whether water is fouled by the gas of any person making or supplying gas, the board may break up the ground and examine the pipes and works of such person. (1A) But before proceeding to do so the board shall give at least 24 hours notice, in writing, to such person of the time at which the breaking up and examination will take place, and shall give the like notice to the local government having the control of any road to be broken up. (2) If upon the examination it appears that the water has been fouled by gas belonging to the said person, all the expenses of the operations shall be paid by the person. (3) But if it appears that the water has not so been fouled the board shall pay all the expenses of the operations, and also make good to the said person any injury occasioned to the person’s works by the operations. Current as at 1 July 2010 Page 37

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 37] 37 Damage to works by electricity (1) If upon an examination it is found that any work of the board has become injured or defective by reason of the escape thereto or influence thereon of electricity from any electric tramway or any electric line or electric works, all expenses of opening up and reinstating the ground, and of examining, removing, reinstating, or replacing any such work of the board may be recovered by the board from the owner or person controlling such tramway line or works. (2) However, if any dispute shall arise between the board and the owner of or person controlling such tramway, line, or works as aforesaid with respect to any matter arising under this section, such dispute shall be referred to the Minister in manner prescribed by the by-laws (which by-laws the board is hereby empowered to make), and the Minister shall determine such dispute, and the Minister’s decision thereon shall be final and binding upon the parties. 37A Structures not to be placed so as to interfere with works without authority (1) Every person shall, before erecting any structure or doing any other work under any statutory authority or otherwise in, upon, or along, or under any road in which any of the works of the board are placed, the erection or doing of which would alter the position of or require such alteration of or in any way interfere either directly or indirectly with any such works of the board, or cause additional expense in the repair or maintenance thereof, give to the board notice in writing of the person’s intention so to do, together with full particulars of the nature of the work so to be erected or done. (1A) Unless the board within 1 calendar month after the service of the notice delivers to the person giving such notice a statement of any objections the board has to the proposed work and the reasons for such objections, the board shall be taken to have approved of the same. (2) If any objections are made by the board which are considered unreasonable by the person giving such notice, or in case a Page 38 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 38] mutual agreement cannot be arrived at, the matter shall be referred to the Minister, who shall decide all questions in difference between the parties and arising by virtue of this section, and may direct what compensation or expenses (if any) shall be paid to the board by the person desiring to execute such proposed work; and the decision of the Minister shall be final and binding on the parties. (3) But such proposed work shall not be proceeded with until the parties have agreed, or such decision has been given, and the amount of any compensation or expenses directed to be paid to the board has been actually paid. 38 Local government to give particulars etc. (1) Every local government shall, when and so often as required by the board, furnish to the board, in the form required by it, all such information and particulars as are at its disposal with respect to any surveys of lands or alignments of roads, or the situation, level, fall, and condition of any works made or constructed by it or under its control. (1A) Every local government shall, when and so often as is required by the board, in the form required by it, give particulars of the permanent levels of any road in which it is proposed to lay any pipe, sewer, or drain. (1B) Any local government acting in contravention of subsection (1) or (1A) shall be liable to a penalty not exceeding $100. (2) In the event of the board requiring the permanent level of any road which has not been fixed, the board shall apply to the local government for such level, and the local government shall, within 2 months from the date of the receipt of such request, furnish such level. (2A) If the local government fails to furnish the board with such level within the time specified, then, in the event of the local government altering the road at any time thereafter to its permanent level, the board shall alter the situation of its works in such road, and the cost of so doing shall be a debt due by the local government to the board. Current as at 1 July 2010 Page 39

Metropolitan Water Supply and Sewerage Act 1909 Part 3 Construction and maintenance of works [s 38] (3) The existing level of any road under, in, or upon which any mains, pipes, or other works of the board are laid or constructed, and which were so laid or constructed prior to 29 December 1915, shall for the purposes of this section be deemed to be the permanent level of such road. (4) The local government shall give to the board at least 7 days notice in writing of its intention to alter the level of any road the permanent level of which has been furnished by the local government to the board, and in which any work of the board has been placed, and of any road the existing level of which is deemed to be the permanent level by virtue of subsection (3), and shall state the extent of the proposed alteration. (4A) Thereupon the board may alter the situation of its work, and the cost of so doing shall be a debt due by the local government to the board. (4B) However, ordinary maintenance and repairs and ordinary wearing down of the surface of a road shall not be deemed to be an alteration of the permanent level, and in all such cases the board shall, when required by the local government, adjust the surface boxes of valves, hydrants, and other fittings to the level of the surface of the road at the cost of the local government. (5) In the event of the board failing to lay its main pipes and services to suit the permanent level of any road after being furnished with the same by the local government, or to suit the existing level of any road which is for the purpose of this section deemed to be the permanent level of such road, the board shall raise or lower such mains and services at its own cost upon receiving notice from the local government of the intention to form the road in question to its permanent level. (6) In the even of the board constructing a main pipe or doing any other work in a road other than in a road the existing level of which is for the purposes of this section deemed to be the permanent level of such road, without first ascertaining the permanent level from the local government, the cost of any alteration to any such main pipe or work when the road is Page 40 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 4 Water supply [s 38A] being formed to the permanent level shall be borne by the board. (7) The local government shall be consulted by the board as to the position in which scour-pipes are to be laid in any road; and if the same are not placed in a position approved by the local government the cost incurred in the removal of the same at any time shall be borne by the board. (8) The local government in whose area any works undertaken by the board are in progress is hereby absolved from all liability in respect of any injury of damage occasioned in consequence of such works. 38A Particulars of valuations to be furnished by local government (1) Every local government having jurisdiction within the district shall, within 1 calendar month from the date of the passing of the Metropolitan Water Supply and Sewerage Acts Amendment Act 1921 , furnish to the board, in the form required by it, particulars of the valuations of all rateable lands within its area or so much thereof as is comprised within the district. (2) Every local government shall from time to time, immediately any fresh valuations shall be made of any rateable land as aforesaid, furnish to the board notice of such valuations and the amounts thereof. Part 4 Water supply 39 Water reserves and catchment areas may be constituted (1) The Governor in Council may from time to time, by order in council, constitute and define the boundaries of any water reserve or catchment area for the purposes of this Act, and Current as at 1 July 2010 Page 41

Metropolitan Water Supply and Sewerage Act 1909 Part 4 Water supply [s 40] may place any such water reserve or catchment area under the control of the board. (2) Any such water reserve or catchment area may be situated wholly within or wholly without the district, or partly within and partly without the district. 40 Board to supply water for domestic purposes (1) The board shall, as far as practicable, afford and distribute to all persons entitled to receive it under this Act a constant supply of pure water for domestic purposes in the prescribed manner. (2) However— (a) the board shall not be bound to supply water for any domestic purpose unless satisfied that the fittings used, and the mode and arrangement of them, are such as are prescribed or authorised; (b) notwithstanding anything contained in this Act or in any agreement, the board shall not be bound to supply water to any person, or be liable to any penalty or damages for not supplying water to any person, if the want of such supply arises from unusual drought or other unavoidable cause or accident; (c) the board may refuse to supply water for any purpose specified in the by-laws. 41 Supply to Botanic Gardens (1) The board shall provide, without any payment, for use in the Botanic Gardens, Brisbane, a supply of water not exceeding 5000000gal in quantity in any year. Supply to hospitals (2) The board shall also provide, without any payment, to each of the hospitals hereunder mentioned, a supply of water not exceeding in any year the quantity mentioned respectively in connection with each such hospital— Page 42 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Part 4 Water supply [s 41] • Brisbane General Hospital—6000000gal; • Hospital for Sick Children—3000000gal; • Mater Misericordiae Hospital and Queensland Blind, Deaf, and Dumb Institution—each 2500000gal; • Lady Bowen Hospital, Lady Lamington Hospital, and Wattlebrae Infectious Diseases Hospital—each 1000000gal; • Friendly Societies’ Hospital—500000gal. (3) The board shall also provide without any payment a supply of water in such quantities and for such period of time to any public hospital or any public gardens under the control of a local government within the area under the jurisdiction of the board as the Governor in Council may from time to time direct. Supply of water for public purposes (4) In all pipes in which any fire hydrant is fixed the board shall provide and keep constantly laid on for use, unless prevented by unusual drought or other unavoidable cause or accident or during necessary repairs, an adequate supply of water for the following purposes— (a) cleansing sewers and drains; (b) cleansing and watering roads; (c) supplying any baths, established for the use of the inhabitants and paid for out of any local fund; (cc) supplying any drinking fountains and horse troughs established for the use of the inhabitants and paid for out of any local fund; (d) extinguishing fire. (5) For the purposes referred to in subsection (4)(b) and (c), such supply shall be provided in such quantities and at such price and upon such terms and conditions as may be agreed upon by the board and the local government concerned, or, if they cannot agree, as may be fixed by the Minister. Current as at 1 July 2010 Page 43

No. 5 Metropolitan Water Supply and Sewerage Act 1909 Schedule 5 Warrant of distress The Metropolitan Water and Sewerage Board. To , the bailiff of the board or the bailiff’s assistant. Whereas the rateable land, numbered in the rate-book of the board, has been rated at the sum of $ per annum for a [ specifying the rate ] rate; [ or whereas the sum of $ is due or payable in respect of water supplied by meter by the board to the occupier of the rateable land numbered in the rate-book of the board ( or as the case may be )]; and whereas the said amount [ or a portion of the said amount], to wit, $ , was duly demanded from, the occupier of such land, by notice, signed by the secretary [ or as the case may be ] on the day of, 19 , [ or as the case may be ], and has not yet been paid: These are, therefore, to require and authorise you forthwith to levy the said sum of $ , together with the costs of these presents and of such levy, by distress and sale of the goods and chattels found by you on the said land, according to law, and that you certify to me on the day of , what you do by virtue of this warrant. Given under my hand and seal of the board, this , A.D. 19 . day of A.B., president. Warrant ... ... ... Levy ... ... ... ... Possession at per diem... Mileage ... ... ... $ Office of the board, Brisbane, 19 . Current as at 1 July 2010 Page 145

Metropolitan Water Supply and Sewerage Act 1909 Schedule 5 No. 6 Scale For every warrant of distress . . . . For man in possession, each day or part of a day . . . . . . . . . . . . . . . . . For inventory, sale, commission, and delivery of goods. . . . . . . . . . Mileage—for every mile or part of a mile where the warrant is executed not more than 2 miles from the office of the board . . . . . Where such distance exceeds 2 miles, for every mile beyond . . . . 20c 50c Not exceeding 10c in the pound on the proceeds of the sale 10c 5c Page 146 Current as at 1 July 2010

No. 7 Metropolitan Water Supply and Sewerage Act 1909 Schedule 5 Notice under the Metropolitan Water Supply and Sewerage Act of 1909 To Notice is hereby given that the sum of dollars cents is now due and unpaid to the board for [ specifying rate ] rates in respect of [ or for moneys payable for water supplied by meter by the board to the occupier of ( or as the case may be )] allotment no. of section no. [ or portion no. ], situated in street [ or road or other situation ]. Payment of the said sum is hereby demanded. If the said sum is not paid within 6 months from the date of this notice, the board will take possession of and lease the said land, under the abovementioned Act. President [ or secretary]. Office of the board, Brisbane, 19 . Current as at 1 July 2010 Page 147

Metropolitan Water Supply and Sewerage Act 1909 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .148 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .149 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .149 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .150 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152 8 Transitional and Savings Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .159 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2010. Future amendments of the Metropolitan Water Supply and Sewerage Act 1909 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Page 148 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B rv Amendments to 1974 Act No. 76 1996 Act No. 75 2000 Act No. 5 Effective 1 December 1975 1 February 1997 23 March 2000 Reprint date 7 June 1996 7 May 1997 5 April 2000 Reprint No. 1C rv 1D 2 2A 2B 2C Amendments included 2005 Act No. 48 2006 Act No. 9 — 2008 Act No. 67 2009 Act No. 9 2009 Act No. 17 2010 Act No. 23 Effective 1 December 2005 15 March 2006 15 March 2006 1 December 2008 1 July 2009 1 July 2010 Notes R1D withdrawn, see R2 Current as at 1 July 2010 Page 149

Metropolitan Water Supply and Sewerage Act 1909 Endnotes 5 Tables in earlier reprints Name of table Changed citations and remade laws Changed names and titles Comparative legislation Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 1 1 6 List of legislation Metropolitan Water Supply and Sewerage Act 1909 9 Edw 7 No. 12 (prev Short titles see list of annotations s 1) date of assent 23 December 1909 for commencement date see s 3 amending legislation— Metropolitan Water Supply and Sewerage Act Amendment Act 1915 6 Geo 5 No. 32 (this Act is amended, see amending legislation below) date of assent 29 December 1915 commenced on date of assent amending legislation— Metropolitan and Ipswich Water Supply and Sewerage Acts Amendment Act 1918 9 Geo 5 No. 18 s 1 (amends 1915 6 Geo 5 No. 32 above) date of assent 18 November 1918 commenced on date of assent Metropolitan Water Supply and Sewerage Acts Amendment Act 1921 12 Geo 5 No. 28 ss 1(1), 12(2)(i) (amends 1915 6 Geo 5 No. 32 above) date of assent 14 November 1921 commenced on date of assent Metropolitan Water Supply and Sewerage Acts Amendment Act 1918 9 Geo 5 No. 18 (this Act is amended, see amending legislation below) date of assent 18 November 1918 commenced on date of assent amending legislation— Metropolitan Water Supply and Sewerage Acts Amendment Act 1921 12 Geo 5 No. 28 ss 1(1), 12(2)(i) (amends 1918 9 Geo 5 No. 28 above) date of assent 14 November 1921 commenced on date of assent Page 150 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Endnotes Metropolitan and Ipswich Water Supply and Sewerage Acts Amendment Act 1921 12 Geo 5 No. 2 date of assent 22 August 1921 commenced on date of assent Metropolitan Water Supply and Sewerage Acts Amendment Act 1921 12 Geo 5 No. 28 date of assent 14 November 1921 commenced on date of assent Metropolitan Water Supply and Sewerage Acts Amendment Act 1923 14 Geo 5 No. 17 date of assent 10 October 1923 commenced on date of assent Metropolitan Water Supply and Sewerage Acts Amendment Act 1924 15 Geo 5 No. 27 date of assent 30 October 1924 commenced on date of assent City of Brisbane Act 1924 15 Geo 5 No. 32 s 51 and see order pubd gaz 28 March 1928 p 1157 date of assent 30 October 1924 commenced on date of assent Mines Regulation Acts and Another Act Amendment Act 1945 9 Geo 6 No. 15 pt 3 date of assent 5 April 1945 commenced 18 August 1945 (proc pubd gaz 18 August 1945 p 251) Metropolitan Water Supply and Sewerage Acts Amendment Act 1949 13 Geo 6 No. 44 date of assent 10 November 1949 commenced on date of assent City of Brisbane Acts and Other Acts Amendment Act 1953 2 Eliz 2 No. 19 pt 4 date of assent 10 December 1953 commenced on date of assent City of Brisbane (Water Supply) Act 1959 8 Eliz 2 No. 29 s 16 date of assent 16 April 1959 commenced on date of assent City of Brisbane (North Pine River Dam) Act 1962 11 Eliz 2 No. 23 s 11 date of assent 3 April 1962 commenced on date of assent Acquisition of Land Act 1967 No. 48 s 3(2) sch 1 pt 2 date of assent 22 December 1967 commenced 23 March 1968 (proc pubd gaz 23 March 1968 p 1206) Limitation of Actions Act 1974 No. 75 s 4 sch date of assent 1 November 1974 commenced 1 July 1975 (see s 2) Current as at 1 July 2010 Page 151

Metropolitan Water Supply and Sewerage Act 1909 Endnotes Property Law Act 1974 No. 76 s 3(2) sch 6 date of assent 1 November 1974 commenced 1 December 1975 (see s 1(2)) WorkCover Queensland Act 1996 No. 75 ss 1–2, 535 sch 2 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1997 (1996 SL No. 442) Police Powers and Responsibilities Act 2000 No. 5 ss 1–2(1)–(2), 373 sch 2 date of assent 23 March 2000 commenced on date of assent (see s 2(1)–(2)) Public Health Act 2005 No. 48 ss 1–2, 492 sch 1 date of assent 2 November 2005 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2005 (2005 SL No. 280) Audit Legislation Amendment Act 2006 No. 9 pts 1, 13 date of assent 15 March 2006 commenced on date of assent Transport and Other Legislation Amendment Act 2008 No. 67 s 1, pt 3 div 9 date of assent 1 December 2008 commenced on date of assent Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80) Local Government Act 2009 No. 17 ss 1, 2(4), 331 sch 1 date of assent 12 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (2010 SL No. 122) City of Brisbane Act 2010 No. 23 ss 1–2(1), 352 sch 1 date of assent 17 June 2010 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2010 (see s 2(1)) 7 List of annotations Title amd 1918 9 Geo 5 No. 18 s 1 (amd 1921 12 Geo 5 No. 28 s 12(2)(i)); 1921 12 Geo 5 No. 28 s 1(1) Short title s 1 sub 1915 6 Geo 5 No. 32 s 1(1) amd 1918 9 Geo 5 No. 18 s 1 (amd 1921 12 Geo 5 No. 28 s 12(2)(i)); 1921 12 Geo 5 No. 28 s 1(1) Page 152 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Endnotes Interpretation s 4 def “audit office” ins 2006 No. 9 s 31 amd 2009 No. 9 s 136 sch 1 def “board” amd 1915 6 Geo 5 No. 32 s 1(2); 1918 9 Geo 5 No. 18 s 2 (om 1921 12 Geo 5 No. 28 s 12(2)(ii); 1921 12 Geo 5 No. 28 s 12(1)(i) def “by-laws” om R1 (see RA s 39) def “district” amd 1915 6 Geo 5 No. 32 s 1(2); 1918 9 Geo 5 No. 18 s 2 (om 1921 12 Geo 5 No. 28 s 12(2)(ii)); 1921 12 Geo 5 No. 28 s 12(1)(i); 1953 2 Eliz 2 No. 19 s 9 def “drain” sub 1915 6 Geo 5 No. 32 s 2 def “Elections Act” ins 1921 12 Geo 5 No. 28 s 2 def “elector” ins 1921 12 Geo 5 No. 28 s 2 def “electoral district” ins 1921 12 Geo 5 No. 28 s 2 def “local government” sub 1921 12 Geo 5 No. 28 s 2 om 2009 No. 17 s 331 sch 1 def “Local Government Act” amd 2009 No. 17 s 331 sch 1 def “Minister” om R1 (see RA s 39) def “open to inspection” amd 1921 12 Geo 5 No. 28 s 12(1)(iii) def “Public Works Land Resumption Act” om 1967 No. 48 s 3(2) sch def “qualified person” ins 2006 No. 9 s 31 def “sewer” sub 1915 6 Geo 5 No. 32 s 2 def “stream” amd 1918 9 Geo 5 No. 18 s 2 def “this Act” om R1 (see RA s 39) def “waterworks” amd 1918 9 Geo 5 No. 18 s 2 def “works” amd 1915 6 Geo 5 No. 32 s 2; 1918 9 Geo 5 No. 18 s 2 The Metropolitan Water and Sewerage Board s 6 amd 1915 6 Geo 5 No. 32 s 1(2); 1918 9 Geo 5 No. 18 s 3 (om 1921 12 Geo 5 No. 28 s 12(2)(iii)) District prov hdg s7 sub 1921 12 Geo 5 No. 28 s 3 amd 1915 6 Geo 5 No. 32 ss 1(2), 3; 1918 9 Geo 5 No. 18 s 4 (om 1921 12 Geo 5 No. 28 s 12(2)(iii)) sub 1921 12 Geo 5 No. 28 s 3; 1953 2 Eliz 2 No. 19 s 10 amd 2010 No. 23 s 352 sch 1 Division 2—Constitution of the Board prov hdg om R1 (see RA s 37) Number of Board s 8 om R1 (see RA s 37) President s 9 om R1 (see RA s 37) Elected members s 10 amd 1915 6 Geo 5 No. 32 s 4 sub 1918 9 Geo 5 No. 18 s 5 (om 1921 12 Geo 5 No. 28 s 12(2)(iii)); 1921 12 Geo 5 No. 28 s 4 om R1 (see RA s 37) Current as at 1 July 2010 Page 153

Metropolitan Water Supply and Sewerage Act 1909 Endnotes Temporary provision for representation of Ipswich Division until 1922 s 10A ins 1918 9 Geo 5 No. 18 s 5 om 1921 12 Geo 5 No. 28 s 12(1)(ii) Disqualifications s 11 om R1 (see RA s 37) Remuneration of president and members s 12 amd 1915 6 Geo 5 No. 32 s 5 om R1 (see RA s 37) First meeting s 13 om R1 (see RA s 37) Provisions relating to proceedings and business—sch 3 s 14 om R1 (see RA s 37) Appointment of offers s 16 amd 1915 6 Geo 5 No. 32 s 6 Qualified exemption from rates s 19 amd 1918 9 Geo 5 No. 18 s 6; 1921 12 Geo 5 No. 28 s 5 Testing the validity of by-law s 25 amd 1921 12 Geo 5 No. 28 s 12(1)(iv) Brisbane River supply s 27 amd 1915 6 Geo 5 No. 32 s 7; 1918 9 Geo 5 No. 18 s 7 (amd 1921 12 Geo 5 No. 28 s 12(2)(iii), (3)); 1921 12 Geo 5 No. 28 s 6; 1959 8 Eliz 2 No. 29 s 16(1); 1962 11 Eliz 2 No. 23 s 11(1)(a) Preliminaries to construction s 28 amd 1918 9 Geo 5 No. 18 s 8 Interference with railway works s 31 amd 2008 No. 67 s 125 Board may go outside district s 33 amd 1918 9 Geo 5 No. 18 s 9 Powers of board s 34 amd 1915 6 Geo 5 No. 32 s 8; 1918 9 Geo 5 No. 18 s 10; 1921 12 Geo 5 No. 28 s 7; 1949 13 Geo 5 No. 44 s 2; 1967 No. 48 s 3(2) sch Works by tramway company s 34A ins 1918 9 Geo 5 No. 18 s 11 amd 1923 14 Geo 5 No. 17 s 2 Provision relating to breaking up roads s 35 amd 1915 6 Geo 5 No. 32 s 9; 1918 9 Geo 5 No. 18 s 12 Damage to works by electricity s 37 amd 1918 9 Geo 5 No. 18 s 13 Page 154 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Endnotes Structures not to be placed so as to interfere with works without authority s 37A ins 1921 12 Geo 5 No. 28 s 8 Local government to give particulars etc. prov hdg sub 1921 12 Geo 5 No. 28 s 9 s 38 sub 1915 6 Geo 5 No. 32 s 10; 1921 12 Geo 5 No. 28 s 9 Particulars of valuations to be furnished by local government s 38A ins 1921 12 Geo 5 No. 28 s 9 Application of Mines Regulation Acts s 38B ins (as s 38A) 1915 6 Geo 5 No. 32 s 11 om 1945 9 Geo 6 No. 15 s 7(i) Regulations as to health, &c. s 38C ins 1923 14 Geo 5 No. 17 s 3 om 1945 9 Geo 6 No. 15 s 7(ii) Supply to Botanic Gardens s 41 amd 1915 6 Geo 5 No. 32 s 12; 1918 9 Geo 5 No. 18 s 14 (om 1921 12 Geo 5 No. 28 s 12(2)(iii)) Water supply to adjoining areas s 42 amd 1962 11 Eliz 2 No. 23 s 11(1)(b) Water supply to water supply board s 42A ins 1918 9 Geo 5 No. 18 s 15 (amd 1921 12 Geo 5 No. 28 s 12(2)(iv)) amd 1921 12 Geo 5 No. 28 s 12(1)(i) Request for supply to premises in a road s 43 amd 1915 6 Geo 5 No. 32 s 13; 1923 14 Geo 5 No. 17 s 4 Supply in other cases s 44 amd 1915 6 Geo 5 No. 32 s 13(2); 1923 14 Geo 5 No. 17 s 5 Agreement to supply water for non-domestic purposes s 45 amd 1918 9 Geo 5 No. 18 s 16 Board may sell water s 46 amd 1915 6 Geo 5 No. 32 s 14 Lessening etc. supply for domestic purposes s 47 sub 1923 14 Geo 5 No. 17 s 6 Lessening etc. supply for other purposes s 48 sub 1923 14 Geo 5 No. 17 s 7 Public fire hydrants s 49 amd 1915 6 Geo 5 No. 32 s 15 Meters s 53 amd 1915 6 Geo 5 No. 32 s 16 When water may be cut off s 58 amd 1923 14 Geo 5 No. 17 s 8 Current as at 1 July 2010 Page 155

Metropolitan Water Supply and Sewerage Act 1909 Endnotes Electricity and motive power s 58A ins 1918 9 Geo 5 No. 18 s 17 Revenue, how applied s 80 amd 1915 6 Geo 5 No. 32 s 1(2) Existing loan s 81 amd 1915 6 Geo 5 No. 32 s 1(1) om R1 (see RA s 37) Board may obtain bank overdraft s 85 amd 1923 14 Geo 5 No. 17 s 9 Application to sell debentures s 85A ins 1921 12 Geo 5 No. 2 s 2 Debentures to be under seal s 85B ins 1921 12 Geo 5 No. 2 s 2 amd 1924 15 Geo 5 No. 27 s 2 Loans by the issue of inscribed stock s 85C ins 1921 12 Geo 5 No. 2 s 2 amd 1924 15 Geo 5 No. 27 s 3 Debentures and stock take priority over indebtedness to Treasurer s 85D ins 1924 15 Geo 5 No. 27 s 4 Lands subject to water rates when main laid before this Act s 87 amd 1915 6 Geo 5 No. 32 s 17 Basis of water rating s 88 amd 1915 6 Geo 5 No. 32 s 18 Form of “rate-book”—sch 5, form 4 s 94 amd 1915 6 Geo 5 No. 32 s 19 Rate-book may be amended by the board s 95 amd 1915 6 Geo 5 No. 32 s 20; 1923 14 Geo 5 No. 17 s 10 When owner to pay rates and when occupier s 97 amd 1915 6 Geo 5 No. 32 s 21; 1923 14 Geo 5 No. 17 s 11 Remedies against tenant where owner liable, and his or her remedies over s 99 amd 1915 6 Geo 5 No. 32 s 22 Recovery of rates s 100 amd 1974 No. 76 s 3(2) sch 6 Rates to be apportioned on the occupier etc. quitting s 102 amd 1915 6 Geo 5 No. 32 s 23; 1923 14 Geo 5 No. 17 s 12 Lands may be let when rates are in arrear s 104 amd 1915 6 Geo 5 No. 32 s 24 Recovery of rates charged on land sold by local government s 105 sub 1915 6 Geo 5 No. 32 s 25 Page 156 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Endnotes Exemption from rates in certain cases s 106A ins 1921 12 Geo 5 No. 28 s 10 amd 1996 No. 75 s 535 sch 2 Appointment of auditors s 108 amd 2006 No. 9 s 32 Yearly audit s 109 amd 1921 12 Geo 5 No. 28 s 12(1)(v) Examination and settlement of accounts s 110 amd 1921 12 Geo 5 No. 28 s 12(1)(vi) Financial statement s 111 amd 1921 12 Geo 5 No. 28 s 12(1)(vii); 1923 14 Geo 5 No. 17 s 13 Report of auditor s 113 amd 1921 12 Geo 5 No. 28 s 12(1)(viii) Special audit s 114 amd 2006 No. 9 s 33 Officers exacting or accepting fees s 116 amd 1915 6 Geo 5 No. 32 s 1(2); 1921 12 Geo 5 No. 28 s 12(1)(ix) Fouling water s 120 amd 1915 6 Geo 5 No. 32 s 26; 1918 9 Geo 5 No. 18 s 18 Interfering with works prov hdg sub 1918 9 Geo 5 No. 18 s 19 s 123 sub 1918 9 Geo 5 No. 18 s 19 amd 1921 12 Geo 5 No. 28 s 11 Depositing dirt, chemical refuse etc. into sewers etc. s 124 amd 1915 6 Geo 5 No. 32 s 27 Obstructing execution of Act s 126 amd 1915 6 Geo 5 No. 32 s 28 Duty of police officers s 135 om 2000 No. 5 s 373 sch 2 Orders in council s 136 amd 1924 15 Geo 5 No. 27 s 5 Free search in office of registrar of titles s 137A ins 1915 6 Geo 5 No. 32 s 29 Free search in Supreme Court registry s 137B ins 1915 6 Geo 5 No. 32 s 29 Remedies for moneys due s 139 amd 1915 6 Geo 5 No. 32 s 30 Limitation of liability s 144 sub 1923 14 Geo 5 No. 17 s 14(1) Current as at 1 July 2010 Page 157

Metropolitan Water Supply and Sewerage Act 1909 Endnotes Particulars of claim s 144A ins 1923 14 Geo 5 No. 17 s 14(1) Tribunal s 144B ins 1923 14 Geo 5 No. 17 s 14(1) Right of entry to prevent interference with watercourse s 145A ins 1918 9 Geo 5 No. 18 s 20 Notice of action s 146 om 1974 No. 75 s 4 sch Board may recover expense of work s 149 amd 1923 14 Geo 5 No. 17 s 15 Expenses to remain charge on premises s 154 amd 1915 6 Geo 5 No. 32 s 31 PART 12—TRANSITIONAL PROVISIONS pt 12 (s 157) ins 2006 No. 9 s 34 SCHEDULE 2—RULES TO BE OBSERVED AT ELECTIONS s 4 amd 1918 9 Geo 5 No. 18 s 22(i); 1921 12 Geo 5 No. 28 ss 12(1)(i), 12(1)(x) s 6 amd 1918 9 Geo 5 No. 18 s 22(ii); 1921 12 Geo 5 No. 28 s 12(1)(x) s 9 amd 1921 12 Geo 5 No. 28 s 12(1)(x) s 11 amd 1915 6 Geo 5 No. 32 s 32(1) s 16 amd 1918 9 Geo 5 No. 18 s 22(iii) s 17 amd 1915 6 Geo 5 No. 32 s 32(2) s 20 amd 1921 12 Geo 5 No. 28 s 12(1)(x) s 25 amd 1915 6 Geo 5 No. 32 s 32(3) s 27A ins 1923 14 Geo 5 No. 17 s 16 s 28 amd 1915 6 Geo 5 No. 32 s 32(4) om R1 (see RA s 37) SCHEDULE 3—PROVISIONS GOVERNING AND RELATING TO THE PROCEEDINGS AND BUSINESS OF THE BOARD s 26 amd 1915 6 Geo 5 No. 32 s 33(1) s 28 amd 1915 6 Geo 5 No. 32 s 1(2) s 31 amd 1915 6 Geo 5 No. 32 s 33(2) s 32 amd 1915 6 Geo 5 No. 32 s 33(3) s 35 amd 1923 14 Geo 5 No. 17 s 17 om R1 (see RA s 37) SCHEDULE 4—SUBJECT-MATTER FOR BY-LAWS Plans s 8 amd 1918 9 Geo 5 No. 18 s 23(i) Plumbers etc. s 9 amd 1918 9 Geo 5 No. 18 s 23(ii) Proper fittings s 13 amd 1915 6 Geo 5 No. 32 s 34(1) Page 158 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Endnotes Provision of sanitary conveniences s 17A ins 1915 6 Geo 5 No. 32 s 34(2) amd 2005 No. 48 s 492 sch 1 Prescribing quantity of water to be used by consumers s 22 amd 1915 6 Geo 5 No. 32 s 34(3) Specifying purposes other than domestic s 24 amd 1918 9 Geo 5 No. 18 s 23 Trade refuse s 30 sub 1923 14 Geo 5 No. 17 s 18 Charges for water supplied by measure s 36 amd 1915 6 Geo 5 No. 32 s 34(4) Riparian owners s 41A ins 1918 9 Geo 5 No. 18 s 23 Electricity etc. s 41B ins 1918 9 Geo 5 No. 18 s 23 SCHEDULE 5— amd 1915 6 Geo 5 No. 32 s 1(1); 1918 9 Geo 5 No. 18 s 24 (amd 1921 12 Geo 5 No. 28 s 12(2)(v)); 1921 12 Geo 5 No. 28 s 12(1)(i); 1923 14 Geo 5 No. 17 s 19; R1 (see RA s 37) SCHEDULE VI—METROPOLITAN AND IPSWICH WATER SUPPLY AND SEWERAGE DISTRICT ins 1918 9 Geo 5 No. 18 s 25 (om 1921 12 Geo 5 No. 28 s 12(2)(v)) SCHEDULE VII— ins 1918 9 Geo 5 No. 18 s 25 (om 1921 12 Geo 5 No. 28 s 12(2)(v)) 8 Transitional and savings provisions Section 51 of Act No. 32 of 1924 provides— On and after a date to be fixed in that behalf by the Governor in Council, by Order in Council, the Metropolitan Water Supply and Sewerage Board, constituted under the Metropolitan Water Supply and Sewerage Act, shall be dissolved, and thereupon the following provisions shall be applicable:— (1) All the water works and all lands vested in and under the control of the dissolved Board, and all interests, rights, benefits, and advantages appurtenant to, connected with, or related to all such water works and lands, and all other works, structures, plant, machinery, pipes, and all other appliances, fittings, and apparatus (other than service pipes laid within any private land at the cost of any owner or occupier of such land) and all main sewers and reticulation sewers and other works relating to sewerage, and all personal property whatsoever of the dissolved Board, shall without any transfer conveyance or Current as at 1 July 2010 Page 159

Metropolitan Water Supply and Sewerage Act 1909 Endnotes assignment, or notice other than this Act, be vested in the Council for the purposes of this Act. (2) All such water works constructed or in course of construction shall continue and be completed and shall be maintained and managed by the Council under and subject to this Act in all respects as if they had been constructed under the authority hereof. (3) All rights, liabilities, obligations, contracts, and engagements of the dissolved Board then existing shall be and continue to be vested in and shall attach to and may be enforced by or against the Council under this Act. (4) Nothing in the aforesaid provisions contained shall be deemed to prejudicially affect or alter the rights, powers, and authorities of the Crown or the Governor in Council or the Minister or any State officer acting under or in pursuance of the Metropolitan Water Supply and Sewerage Act or any Orders in Council made thereunder. (5) The Governor in Council shall, by the same Order in Council by which the aforesaid Board is abolished, authorise, declare, adjust, and determine:— (a) The enactments of the aforesaid Act which shall apply to and be in force within the City and shall be observed and administered by the Council until the Council has made ordinances in that behalf: Provided that such modifications, whether by alteration or enlargement, of any such enactments may be made by such Order as to the Governor in Council seems expedient in order to meet the circumstances; and such enactments as so modified shall apply to and be in force within the City, and be observed and administered by the Council until the Council has made ordinances in that behalf. (b) Any rights, claims, and matters, and all questions and disputes which are necessary or proper to be declared, adjusted, and determined, whether as between the dissolved Board and any Local Authority or local governing body, or as between the dissolved Board and the Treasurer or any State Department. Order in council pubd gaz 28 March 1928 p 1157 provides— WHEREAS by “ The City of Brisbane Act of 1924” it is amongst other things enacted that, on and after a date to be fixed in that behalf by the Governor in Council, by Order in Council, the Metropolitan Water Supply and Sewerage Board constituted under “ The Metropolitan Water Supply and Sewerage Acts, 1909 to 1921,” and any Act amending or in substitution for those Acts, shall be dissolved, and that thereupon certain provisions in the said “ The City of Brisbane Act of 1924” set out shall be applicable, and that the Governor in Council shall by the same Order in Council declare, adjust, and determine— (a) The enactments of the aforesaid Acts which shall apply to and be in force within the City and shall be observed and administered by the Council until the Council has made ordinances in that behalf: Provided that such modifications, whether by alteration or enlargement of any such enactments, may be made by such order as to the Governor in Council seems expedient in Page 160 Current as at 1 July 2010

Metropolitan Water Supply and Sewerage Act 1909 Endnotes order to meet the circumstances; and such enactments as so modified shall apply to and be in force within the City and be observed and administered by the Council until the Council has made ordinances in that behalf; (b) Any rights, claims, and matters and all questions and disputes which are necessary or proper to be declared, adjusted, and determined, whether as between the dissolved Board and any Local Authority or local Governing Body, or as between the dissolved Board and the Treasurer or any State Department: Now, therefore, I Sir THOMAS HERBERT JOHN CHAPMAN GOODWIN, the Governor aforesaid, by and with the advice of the Executive Council, do hereby order and declare that the Second day of April, 1928, shall be and is hereby fixed as the date on which the said the Metropolitan Water Supply and Sewerage Board shall be dissolved: And I do further order and declare that the enactments of “ The Metropolitan Water Supply and Sewerage Acts, 1909 to 1924,” set out in the Schedule hereto, with the modifications therein appearing, and all Orders in Council, Regulations, and By-laws made under the said Acts and in force immediately prior to the date of this Order in Council, with all necessary alterations, and so far as the same are applicable, shall apply to and be in force within the City and shall be observed and administered by the Council until the Council has made ordinances in that behalf. SCHEDULE. Section 4, with the deletion of the definitions of “Dissolved Board,” “Elections Act,” “Elector,” “Electoral District,” “President,” “Public Works Land Resumption Act,” “Ratepayer,” and “Secretary,” also with the substitution of the following definitions for the definitions of “Board,” “Minister,” and “This Act,” heretofore appearing in the said Act, and with the addition of the following definitions of “Council,” “Engineer,” and “Mayor”:— “Board”—The Metropolitan Water Supply and Sewerage Board constituted under “ The Metropolitan Water Supply and Sewerage Acts , 1909 to 1924”; “Council”—Brisbane City Council constituted under “ The City of Brisbane Act of 1924”; “Engineer”—The Engineer or Board of Engineers (including each member of such Board) appointed by the Council to carry out the works under the provisions of this Act and any person from time to time appointed or delegated to perform the duties of Engineer; “Mayor”—The Mayor, as defined by “ The City of Brisbane Act of 1924”; “Minister”—The Home Secretary or other Minister of the Crown for the time being charged with the administration of this Act; “This Act”—“ The Metropolitan Water Supply and Sewerage Acts, 1909 to 1924,” and all Proclamations, Orders in Council, Regulations, Rules, By-laws, and notices made or given thereunder as modified by this Order in Council:— Current as at 1 July 2010 Page 161

Metropolitan Water Supply and Sewerage Act 1909 Endnotes and with the substitution of the word “Council” for the word “Board” wherever the same occurs in any of the other definitions in the said section, and with the substitution of the word “Mayor” for the word “President” in the definition of the word “Authorised.” Section 5 modified to read as follows:— 5.(1) All proceedings and things lawfully had or done by the Board under or in pursuance of “ The Metropolitan Water Supply and Sewerage Acts, 1909 to 1924,” shall be and continue to be of the same force and effect as if this Order in Council had not been made. (2) All By-laws heretofore made under “ The Metropolitan Water Supply and Sewerage Acts, 1909 to 1924,” and still remaining unrepealed, shall be and be deemed to have been valid, and shall remain in force until they are repealed or amended by ordinance or otherwise under this Act. Section 6 modified as follows:— 6.A(1) For the effective administration of this Act there shall be established as soon as conveniently may be by the Council a Department of the Council, to be called “The Water Supply and Sewerage Department,” which shall be under the sole control of the Engineer appointed under this Act. (2) The Council shall, with all reasonable despatch from time to time, appoint an engineer for a term not exceeding seven years. Each and every engineer shall hold a degree or diploma in engineering granted by a recognised University within the British Dominions, or shall be an Associate or Member or Fellow of a recognised Engineers’ Institute Association or Society, and in every case shall have had experience in Water Supply and Sewerage and also administrative experience. (3) The engineer shall not act as a director or auditor or in any other capacity take part in the management of any Bank, Joint Stock Company, or other financial institution, or of any trade or business, or require or hold any interest in any land which is or may be required to be acquired, taken, or occupied for the purposes of this Act; and in any such case shall be disqualified from holding the office of engineer. (4) Each and every engineer shall during his continuance in office receive an annual salary to be fixed by the Council. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 162 Current as at 1 July 2010