Metropolitan Water Supply and Sewerage Acts Amendment Act of 1921 (12 Geo v No. 28) (Qld)

9818 WATE~ SUPPLY AND SEWERAGE. Water Supply and Sewerage Acts Amendment. 12 GEO. V. No. 28, whatsoever payable to the Board; and for such purposes such Receiver shall be deemed to be the Board, and may exercise all t.he powers thereof. (iii.) The Receiver shall be entitled to such commi8- sion, payable out of the revenues of the Board, as remuneration tor his services, as such Court may appoint. (iv.) The Receiver shall, subject to any order n£ such Court, pay over all moneys received by him to such holder, or to and among the registered holders of inscribed stock or deben- tUre holders generally, in such order of priority or otherwise and in such proportions as the Court mav think fit; and, if there is any balance in -hand over and above the amount due and payable to him under this Act, the Receiver shall pay such balanC'e to the Board." 12 Geo. V. An Act to Amend" The Metropolitan and Ipswich No. 28. METRO- Water Supply and Sewerage Acts, 1909 to POLITAN W'ATER 1918," in certain particulars, and for other SUPPLY AND SEWERAGE purposes consequent thereon. ACTS AMENDMENT [ASSENTED TO 14TH NOVEMBER, 1921.] ACT OF 1921. -BE it enacted hy the King's Most Excellent Majesty, . by and with the advice and consent of the ·Legis- , lative Council and Legislative Assembly of (lueensland in Parliament assembled, and by the authority of the same, as follows :- Amendment 1. (1.) In the title of *" The Metropolitan and Ipswich of titles, Water Supply and Sewerage Act of 1909," the words " and of the City of Ipswich and their environs," inserted therein by t" The, Metropolitan and I pswich Water Supply and Sewerage Acts Amendment Act of 1918," are repealed and the words "and its Suburbs" are inserted in lieu thereof. * 9 Edw. VII. No. 12, supra, page 7281. t 9 Geo. V. No. 18, 8upra, page R668.

WATER SUPPLY AND SEWERAGE. 981~ , 1921. Water Supply and Sewerage Acts Amendment. In the short title of *" The Metropolitan and Ipswich Water Supply and Sewerage Act of 1909" and in the short title of t" The Metropolitan and I pswich Water Supply and Sewerage Act Amendment Act of 1915," the words " and Ipswich," inserted therein by t" The ·Metropolitan and Ipswich' Water Supply and Sewerage Acts Amendment Act of 1918," are repealed. In the short title of t" The Metropolitan and Ipswich Water Supply and Sewerage Act. ~ Amendment Act of 1918" and in the collective short title of the Principal Act and the Acts amending the same, the words "and . Ipswich" are repealed. . (2.) This Act may be cited as "The Metropolitan Water Short title Supply and Sewerage Acts. Amendment Act ?f 1921," : ~ : struction and shall be read as one wIth §" The Metropolttan Waterof Act. Supply and Sewerage Acts, 1909 to 1918" (herein collec- tively referred to as the Principal Act). 2. Section four of the Principal Act is amended as Amendment follows ;_ of s. 4. After the definition of "Drainage apparatus" the following definitions are inserted;- " " Elections Act" -11" The Elections Act of 1915" Elections and any Act amending or in substitution for Act. that_ Act; "Elector"-A person named as such in any Elector. electoral roll of an electoral district Or elect9ral division comprised within the Metropolitan Water Supply and Sewerage District and enrolled on a voters' roll com- piled under this Act; "Electoral district"-An electoral district con- Electoral stituted for the time being under the Electionsdistrict. Act. The definition of "Local Authority" is repealed and the following provision is inserted in lieu thereof ;-. " "Local Authority"-Any Local Authority or Local . Joint Local Authority constituted under or Authority. by virtue of the Local Authorities Act, and * 9 Edw. VII. No. 12, supra, page 7281. t 6Geo. V. No. 32, 8upra, page 7142. t 9 Geo. V. No. 18, supra, page 8668. § 9 Edw. VII. No. 12 and amending Acts, supra, pages 7281 and 8668. 11 6 Geo. V. No. 13, supra, page 6779.

9820 WATER SUPPLY AND SEWERAGE. Water Supply and Sewerage Acts Amendment. 12 GEO. V. No. 28, any Board constituted under *" The Tl ictoria Bridge Act 01 1897" or t"The ~ Main Roads Act 01 1920," and respectively having jurisdiction within the District or the part of the District concerned." District and divisions thereof defined. 3. Section seven of the Principal Act is repealed and the following section is inserted in lieu thereof:- "[7.] The District of the Boar'd shall be the Area comprised within the boundaries for the time being of the undermentioned electoral districts (or part thereof) the boundaries whereof (with the exception of those districts the boundaries whereof remained unaltered) were duly proclaimed in the Gazette dated the first day of August, one thousand nine hundred and twenty-one, grouped into the undermentioned divisions of the District, that is to say:- B1'isbane Division 01 the District--- Brisbane Merthyr, and Fortitude Valley Paddington. South Brisbane Division 01 the District- Bulimba Oxley Buranda South Brisbane, and Kurilpa Wynnum electoral Maree division of Logan. Western Division 01 the District- Enoggera Ithaca, and Fassifern Toowong. Northern Division 01 the District- MUITumba Toombul, ~ nd Nundah Windsor. Stanley The said District shall be called" The Metropolitan Water Supply and Sewerage District," ~nd this Act shall extend and apply thereto." . Amendment 4~ Section ten of the Principal Act is repealed and of s. 10. the follovdng section is. inserted in lieu thereof :--,- Elected " [10.] The electors of the District shall elect eight members. electors to be members of the Board. Each division of the District shall return two members of the Board. * 61 Vic. No. 15, supra, page 3677. t 10 Geo. V. No. 26, 8upra, page 9265~

WATER SUPPLY AND SEWERAGE. 9821 1921. Water Supply and Sewerage Acts Amendment. For the purposes of the election of members by the electors, the following provisions shall apply:- (1.) Subject to this Act, any elector shall be qualified Qualification to be elected a member of the Board. of members. (2.) Every elector who is enrolled on the voters' roll Qualification for a division of the District shall be qualified to vote at of voter. any election of a member or members for such division. (3.) The voting shall be by ballot. (4.) The election shall be held on a Saturday. (5.) Every elector shall be entitled to give one vote One vote ~ ~ ~ ~ ~. . ~ (6.) A fresh election of all members of the BoardFresh shall be held. on such day in the month of February, . Oneelalelmctioenmbe° rfs thousand mne hundred and twenty-two, and at such in 1922. places within the District, as the Governor in Council shall appoint. At such election two members for each of the divisions of the District shall be elected by the electors of each such division respectively. At the conclusion of such. election all the existing members of the Board other than the President shall go out of office. (7.) Subject to this Act, all members elected shall Duration of hold office for four years, except in the case of the fresh office. election referred to in the last preceding subsection hereof, in which case one of the two members for each division of the District then elected shall go out of office at the end of two years; and the member who shall so go out of office shall be that member who received the least number of votes for his division at such election. If two members elected for the same division have received the same number of votes, then the question which of them shall go out of office shall be decided by lot. (8.) An election. of members for each such division Bie~ ial shall be held in the year one thousand nine hundred and eleetlOns. twenty-four and in every second year thereafter, on such Saturday in the month of February and at such places within the District as the Governor in Council shall from time to time appoint. At every such election one member shall be elected for. each division of the District, and at the conclusion of every such election one member for each division shall go Ol.lt of office; and, subject to this Act, the member fer

9822 WATER SUPPLY AND SEWERAGE. Water Supply and Sewerage Acts Amendment. 12 GEO. V.No. 28, . each division respectively who shall then go out of office shall be the member for that division who has been a member for four years. Returning (9.) Every election of members shall be held by and officer. before such returning officer as. the Governor in Council shall from time to time appoint. Voters' rolls. (10.) For the purpo'ses of every election, it shall be the duty of the Principal Electoral Officer, under the ElectionsAct, when and so often as he is required by the returning officer so to do, to compile a voters' roll for each division of the District, or one or more of such rolls, as the case may require, and in doing so he shall obscI've the following rules: - , The voters' roll for the Brisbane division and the Western division and the Northern division of the District shall respectively consist of the names of all electors enrolled on the latest electoral rolls of the electoral districts com- prised within those divisions respectively as hereinbefore provided. The voters' roll for the South Brisbane division of the District shall consist of the names of all electors enrolled on the latest electoral rolls of the. electoral districts and electoral division respectively comprised within that division as hereinbefore provided. The rolls when so compiled shall, subject to this Act, be conclusive evidence of the qualification of any person whose name therein appears to be elected a member for any division of the District or to vote at'an election for a division of the District, as the case ma,y be; and such rolls shall remain in force until new rolls are compiled under this Act in substitution for them respectively. At any time up to but not on or after the day preceding the day fixed for the nomil).ation of candidates, any such roll may be amended by the Principal Electoral Officer so as to conform with any amendments in the electoral rolls of the electoral districts or electoral divfsions concerned made since tlie roll was compiled. Rules. Sch. n. (11.) With respect to every election, the rules set forth in the Second Schedule to this Act shall he observed. Vacancies. (12.) If at any time a vacancy in the Board is caused by death, resignation, or other~ ise, such vacancy shall be

1921. WATER SUPPLY AND SEWERAGE. Water Supply and Sewerage Acts Amendment. 9823 filled as soon as may be, in manner hereinbefore provided, bv the election of another member for the division con- c~ rned, who shall hold office for the period during which the previons member would have held office if no vacancy had arisen; Provided that, if any such vaca,ncy occurs \vithin three months before the time when the previous member would have gone out of office, such vacancy need not be filled up. (l~ .) Every member of the Board, before entering Declaration upon the duties of his office, shall make and subscribe S~ ~ ~ . Jef 1 before the Minister a declaration in form number one of ... the Fifth Schedule to this Act." 5 In section nineteen of the Principal Act, the Amendment words "Provided further that all storage reservoirs and of s. 19. catchment areas vested in the Board sha,ll not be so deemed to be rateable land" are repealed and the words " Provided further that all storage and other reservoirs and all catchment areas respectively vested in or under the contr.ol of the Board shall not be so deemed to be . rateable land" are inserted. 6. In paragraphs (a) and (b) of subsection one of Amendment section twenty-seven of the Principal Act, after the words of s. 27. "or any tributary thereof" the words "or the River Logan or any tributary thereof" are respectively inserted. 7. (1.) The following paragraphs are ad9.ed to sub- Amendment section 2A of section thirty-four of the Principal A C t " o P f risn. c 3 ip 4 a o l f namely;-' Act. "(e) Any cem~nt mill; (I) 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 Jiability of teamsters who purchase teams for drawing ,timber; , (h) \Vorks for the manufacture of pipes or fittings or other apparatus for use in the operations of the Board, wit,h all necessary machinery, plant, and equipment."

9824 WATER SUPPLY AND SEWERAGE. Water Supply and Sewerage Acts Amendment. 12 GEO. V. No. 28, (2.) In subsection SA of the said section, the words- " The Board may, within its District or any reserve or catchment area under its control, contract for or .itself undertake-" are repealed and the words- " 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- (i.) \Vorks for ,the prevention of the pollution of any river, stream, or watercourse, and for the reduction, abatement, and removal of obstructions, annoyances, and nuisances; " are inserted in lieu thereof; and paragraphs (i.) to (v.), both inclusive, shall respectively be renumbered (ii.) to (vi.). (3.) The establishment, working, and management by the Board before the passing of this Act of a sawmill on land vested in the Board on .the Gold Creek Catch- ment Area is hereby validated and made lawful for an purposes as if the same had been established, worked, and managed under the powers conferred on the Board by section thirty-four of the Principal Act as amended by subsection one of this section. 8. After section thirty-seven of the Principal Act the following section is inserted:-- Structures. not to be placed so as to interfere with works without authority. " [37 A. ] (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 his intention so to do, together ·with full particulars of the nature of the work so to be erected or done. Unless the Board within one 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 harVe a ppro ved of the same. (2.) If any objections are made by the Board which are considered unreasonable by the person giving such

WATER SUPPLY AND SEWERAGE. 9825 1921. Water Supply and Sewerage Acts Amendment. notice, or in case a 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 pro- posed work; and the decision of the Minister shall be final and binding on the parties. 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." 9. Section thirty-eight of the Principal Act is repealed and the following sections are inserted in lieu thereof :-- " [38. ] (1.) Every Local Authority shall, when and Local . SO often as required by the Board, furnish to the Board, ! U! ~ ~ : ltY in the form required by it, all such information and particulars, particulars as are at its disposal with respect to any &0. 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. . Every Local Authority 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. Any Local Authority acting in contraven~ ion of .this subsection shall be liable to a penalty not exceeding fifty pounds. (2.) In the event of the Board requiring the peIlmanent level of any road which has not been fixed, thEr Board shall apply to the Local AuthoritY.for such level,and the Local Authority shall, within two months from the date of the receipt of such request, furnish such level. If the Local Authority fails to furnish th~ Board with such level within the time specified, then~ in the event of the I..ocal Authority altering the road at any time thereafter to its permanent level, the Boa:rd shall alter the situation of its works in such road, and the cost of so doing shall be a debt due by the Local Authority to the Board. N

9826 WATER SUPPLY AND SEWERAGE. Water Supply and Sewerage Act8 Amendment. 12 GEO. V. No. 28, (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 con- structed prior to the twenty-ninth day of December, one thousand nine hundred and fifteen, shall for the purposes of this section be deemed to be the permanent level of such road. (4.) The Local Authority shall give to the Board at least seven 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 Authority 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 the last preceding subsection, and shall state the extent of the proposed alteration. Thereupon the Board may alter the situation of its work, and the cost of so doing shall be a debt due by the Local Authority to the Board: Provided that 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 Authority, 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 Authority. (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 Authority, or to suit the existing level of any road which is for the purpose of this section deemed to be the per-. manent level of such road, the Board shall raise or lower such mains and services at its own cost upon receiving notice from the Local Authority of the intention to form the road in question to its permanent level. (6.) In the event 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 Authority, the cost of any alteration to any such main pipe or work when the road is being formed to the permanent level shall be borne by the Board. (7.) The Local Authority shall be consulted by the ~ oard as to the po~ ition in 'which scour-pipes are to be

WATER SUPPLY AND SEWERAGE. 9827 1921. Water Supply and Sewerage Acts Amendment. laid in any road; and if the same are not placed in a position approved by the Local Authority the cost incurred in the removal of the same at any time shall be bome by the Board. (8.) The Local Authority in whose Area any works undertaken by the Board are in progress is hereby absolved from aJl liability in respect of any injury or damage occasioned in consequence of such works." [38A.] Every Local Authority having jurisdiction Particulars within the District shall, within one calendar month from o~ t' ;0 the date of the passing of "The M etropolitan Water ~ : IOns 8y,pply and Sewerage Acts Amendment Act of 1921," furnished by furnish to the Board, in the form required by it, particulars ~ ~ ~ ~ ~ rities. of the valuations of all rateable lands within its Area or so much thereof as is comprised within the District. Every Local Authority shall from time to time, immediately any fresh valuations shall be made of any rateable land as 8Joresaid, furnish to the Board notice of such valuations and the amounts thereof. 10. After section one hundred and six of the Prin- cipal Act the following section is inserted : - "[106A.] Notwithstanding anything contained in this Exemption Act, the Board is hereby empowered, in any case where I ~ D ro c m er rt a a m ~ es it thinks proper to do so, to remit and wholly discharge cases. any rates made and levied under this Act in respect of any land for the payment of which any person is or may be or become liable who is an incapacitated returned soldier or sailor, or is a sufferer from an industrial disease as defined by *" The Worlcers' Compensation Acts, 1916 to 1918" or any Act amending or in substitution for .the same, or is in receipt of an invalid or old-age pension under any law of the Commonwealth relating to such pensions." 11. In subsection one of section one hundred and Amendment twenty-three of the Principal Act, the words "underof s. 123. the authority of an Act or" are repealed. 12. (1.) The following amendments are made in the Conse- Principal Act: - quential (1 . .) I n sect.lOnsfour, S . IX, 42 A, and I . II t. he Second and amendments Fifth Schedules, the words" and Ipswich" wherever those words occur after the word" Metropolitan" are repealed. * 6 Geo. V. No. 35 and amending Acts, supra, page 8745, printed as amended by the Amendment Act of 1921, infra, Appendix O.

'9828 WATER SUPPLY AND SEWERAGE. Water Supply and Sewerage Acts Amendment. 12 GEO. V. No. 28, (ii.) Section lOA is repealed. (iii.) In the definition of "Open to inspection" in section four, the word" ratepayer" where it twice occurs is repealed and the word" elector" is respectively inserted in lieu thereof. (iv.) In the first paragraph of section twenty-five, the words" resident ratepayer" are repealed and the word " elector" is inserted in lieu thereof. In the third paragraph of the said section, the word "ratepayer" is repealed and the word "elector" is inserted in lieu thereof. (v.) In subsection four of section one hundred and nine, the words "a ratepayer" are repealed and the words " an elector" are inserted in lieu thereof; also, the word" ratepayer" is repealed and the word" elector" is inserted in lieu thereof. (vi.) In subsection one of section one hundred and ten, the word "ratepayers" is repealed and the word ,< electorq" is inserted in lieu thereof. (vii.) In subsection five of section one hundred and p}even, the word "ratepayer" is repealed and the word " elector" is inserted in lieu thereof. . (viii.) In subsection five of section one hundred and thirteen, the word" ratepayer" is repealed and the word " elector" is inserted in lieu thereof. (ix.) In the second paragraph of section one hundred and sixteen, the word" ratepayer" is repealed and the word " elector" is inserted in lieu thereof. (x.) In paragraph (i.) of subsection four of Schedule H., the words" ratepayers entitled to vote" are repealed and the words "electors of the division of the Dis.trict for which the election is being held" are inserted in lieu thereof. In the form in the said paragraph, the word" rate- payer" is repealed and the words" electors of the Brisbane [or South Brisbane or Western Brisbane or Northern] division of the Metropolitan Water Supply and Sewerage District" are inserted in lieu thereof. In paragraph (iii.) of subsection six of the said Schedule, the words" a ratepayer" are repealed and the words "an elector" are inserted in lieu thereof. In subsection nine of the said Schedule, the word "ratepayers" where it twice occurs is repealed and the word " electors" is inserted in lieu thereof.

WATER SUPPLY AND SEWERAGE. 9829 1921. Water Supply and Sewerage Acts Amendment. In the first question in subsection twenty of the said Schedule, after the words "Voters' Roll" the words " being named therein as the owner [or occupier] of land described as situated" are repealed and the words" for the division of the District being named therein as residing at" are inserted in lieu thereof. (2.) The following a,mendments are made in * "rPhe Amend. Metropolitan and Ipswich Wate?' S'llpply and Sewerage Acts ~ Get~ . ~ . Amendment Act of 1918" :- No. 18. (i.) In section one the first and second paragraphs are repealed. In the third paragraph the words ., and Ipswich" where they twice occur are repealed. . (ii.) In section two the paragraphs relating to the amendment of the definitions of " Board" and " District" respectively are repealed. (iii.) Sections three, four, five, seven, and fourteen are repealed. (iv.) In section fifteen the words "and Ipswich:' are repealed. (v.) Sections twenty-one, twenty-four, and twenty- five (including the Schedules VI. and VII.) are repealed. (3.) From and after the passing of this Act, t" The 111etropolitan Water Supply and Sewerage Acts, 1909 to 1915," shall he read and construed as if the amendments which were made therein by *" The Metropolitan and Ipswich Water Supply and Sewerage Act Amendment Act of 1918," and which are repealed by the last preceding subsection hereof, had never been made, except that the repeal of subsection two of section twenty-seven ot th( ~ Principal Act shall remain effective. * \) Geo. V. No. 18, supra, page 8668. t 9 Edw. VII. No 12, 8upra, page 4419; 3 Geo. V. No. 10, 8upra, page 0"5757; and 6 Geo, V. No. 32, supra, page 7142.