Metropolitan Water Supply and Sewerage Acts Amendment Act of 1923 (14 Geo v No. 17) (Qld)

10874 s.1. WATER. MetroIJolitan Water, Etc., Amendment Act. 14 GEO. V. No. 17, PETROLEUM, MILSOM AGREEMENT. See MINING. RELIEF FUNDS FOR JAPANESE EARTHQUAKE. Sec JAPANESE EARTHQUAKE. ROAD, SOUTHPORT-BURLEIGH. See LOCAL AUTHORITIES. ROCKHAMPTON PUBLIC LAND MORTGAGE. See PARKS AND PUBLIC LAND. SOUTHPORT-BURLEIGH ROAD. See LOCAL AUTHORITIES. TOOWOOMBA PUBLIC LAND MORTGAGE. See PARKS AND PUBLIC LAND. WARWICK PUBLIC LAND MORTGAGE. See PARKS AND PUBLIC LAND. WATER. 14 Geo. Y. An Act to Amend" The Metropolitan Water Supply No. 17. THE METRO· and Sewerage Acts, 1909 to 1921" in certain POLITAN WATER particulars. SUPPLY AND SEWER. ~ GE [ASSENTED TO 10TH OCTOBER, 1923.] ACTS I AMEND~ iENT )E it enacted by the King's Most Excellent Majesty, ACT OF 1923. J by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Metropolitan and . ~ Water Snpply and Sewerage Acts Amendment Act ot 1923," ~ ~ ~ ! ~ ~ ctlOn and shall be read as one with *" The Metropolitan Water Supply and Sewerage Acts, 1909 to 1921" (herein collec- tively referred to as the Principal Act). - - - - - - - - - ~ - - - - - ~ - .. 9 Edw. VII. No. 12 and Amending Acts, supra, pages 7281, 8668,9813, and 9818.

WATER. ss. 2, 3. 10875 1923. .Metropolitan Water Supply, Etc., Amendment Act. 2. Section 34A of the Principal Act is amended Amendmen" to read as follows :_ of s. 34A. (a) Before the word" proposes," the words" and notwithstanding anything contained in *" The Brisbane Tramway Trust Act of 1922" the following provisions shall apply where the Trust" are inserted; (b) In subsections one, two, three, four, and five, after the word" company" the words "or Trust" are respectively inserted. 3. After section 38B of the Principal Act, the following section is inserted :- "[380.] The Governor in Council may from time to Regulations time make all such regulations as he deems necessary ~ se: o health, for- (i.) With respect to sewers other than sewers referred to in the last preceding section- ensuring the health and safety of any person working in or about any sewer (including any reticulation sewer) and any shaft, drive, or hole sunk or made or in course of being bunk or made for the purpose of giving access to any such sewer or .n or about the construc- tion of any such sewer; and (ii.) Without limiting the generality of the fore- going provision, for the inspection of any such sewer, shaft, drive, or hole from time to time by an inspector appointed under t" The Mines Reg'nlation Acts, 1910 to 1916" or by any person appointed by the Minister- in writing for that purpose. Such regulations may impose a penalty not exceed- ing fifty pounds for any breach of such regulations. All regulations purporting to be made by the Governor in Council under and for the purposes of this section shall be published in the Gazette, and shall be read as one with this A<:t and construed as being of equal validity, and shall be judicially noticed. All such regulations shall be laid before the Legis- lative Assembly within fourteen days after the making thereof, if P[;;rliament is then sitting, and if Parliament is not then sitting, then within fourteen days after the next meeting of Parliament. " 13 Geo. V. No, 14. supra, page 10303. t 1 Geo. V. No. 24 and Amending Acts, supra, page 8077. ID

10876 ss. 4-6. WATER. JJetropolitan WatC1', Etc.) Amendment Act. 14 GEO. V. No. 17, If the Legislative Assembly passes a resolution dis- allowing any such regulation, of which resolution notice h2,S been given at any time within fourteen sitting days of the Assembly after such regulation h'=,8 been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the vpvlidity of anything done thereunder in the meantime." Amendment 4. The following proviso is added to section forty- of s. 43. three of the Principal Act : - "Provided that the Board may, if it thinks fit, adjust the cost of such works and fittings so as to equalise the amounts payable by each owner or occupier of land which abuts upon a road in which a main pipe is laid otherwise than along the centre of such road." Amendment 5. The following paragraph is added to subsection of s. 44. four of section forty-four of the Principal Act : - "(iii.) The Board may, if it thinks fit, adjust the cost of such works and fittings so as to equalise the amounts payable by each owner or occupier of land which abuts upon a road in which a main pipe is laid otherwise than along the centre of such road." Amendment 6. Section forty-seven of the Principal Act is of s. 47. repealed and the following section is inserted in lieu thereof :- Lessening, " [47.] If and whenever the Board considers it ~ ~'d~ ~ ts~ c expedient or desirable in the interests of the Board purposes. or of the consumers so to do, the Board may discontinue or lessen in quantity the supply of water for domestic purposes,. or limit the hours during which water supplied for domestic purposes may be used, or restrict the use of water supplied for any particular domestic purpose or purposes as against any other domestic purpose or purposes. Any such discontinuance, lessening, limitation, or restriction may be made to apply to the whole or any part of the District or to any agreement for supply outside the District (other than an agreement dated the eighteenth day of November, one thousand nine hundred and twenty, between the Board and the Council of the City of Ipswich for the supply of water to the City of Ipswich), as the Board in its absolute discretion thinks proper, and the Board shall not on that account incur any liability: "

WATER. ss. 7-9. 10877 1923. Jf etropolitan W ater St~ pply, Etc., Amendment Act. Provided that before any action is taken by the Board under this section reasonable public notice shall be given by the Board of its intention to take the action proposed by it. Any person who uses water of the Board in any mariner in contravention of the foregoing provisions of this section shall be guilty of an offence against this Act." 7. Section forty-eight of the Principal Act is Amendment repealed and the following section is inserted in lieu or s. 48. thereof :- " [48. ] When the Board apprehends that by reason Lessening, of drought or ot~er cause the water availabl~ will not ~ ~ " o~ ~ ~ ylY suffice for domestIc purposes unless the supply IS lessened puq:;Odes. or discontinued for other purposes, the Board may lessen or discontinue the supply of water for all purposes other than domestic· purposes, or limit the hours during which water supplied for purposes other than domestic purposes may be used, or prohibit the use of water for any specified purpose or purposes. Any such lessening, discontinuance, limitation, or prohibition may be either general or during specified hours, and may be made to apply to the whole or any part of the District or to any particular consumer or consumers or classes of consumers: Provided that before any action is taken by the Board under this section reasonable public notice shall be given by the Board of its intention to take the action proposed by it. From and after the date specified by the Board, the Board may take such action and shall not on that account incur any liability. Any person who uses water of the Board in any manner in contravention of the foregoing provisions of this section shall bp. guilty ef an offence against this Act. " 8. In paragraph (d) of subsection one of section Amendment fifty-eight of the Principal Act, after the word" waste" of s. 58. the word "use" is inserted. 9. In section eighty":five of the Principal Act, the Amendmenl word "temporary" is repealed; also the words "the of s. 85. sum of fifty thousand pounds" are repealed and the words "such amount as the Governor in Council may fix from time to time" are inserted in lieu thereof.

10878 'ss. 10-14. WATER. 21Jetropolitan Water, Etc., Amendment Act. 14 GEO. V. No. 17, Amendment 10. In paragraph one of the proviso to section of s. 95. ninety-five of the Principal Act, after the word" rates" the words" but the amount originally demanded shall be payable within thirty days from the date of the original demand therefor " are inserted. Amendment 11. Section ninety- ~ even of the Principal Act is of s. 97. amended as follows : - (a) Subsection one is repealed and the following subsection is inserted in teu thereof :- "The owner shall be Fable to pay all rates jn respect of vacant land. In other cases the owner or the occupier, as required by the Board, shall pay the rates." (b) In subsection two, the words" For the purposes of this section" are repealEd. Amendment 12. In the third and fourth paragraphs of section of s. 102. one hundred and two of the Principal Act, after the word "sells" the words "or transfers" are respectively inserted. Amendment 13. In subsection one of section one hundred and ofs.lll. eleven of the Principal Act, the words" ordinary meeting after the twenty-first day of January" are repealed and the words" meeting in February" are inserted in lieu thereof. 14. (1.) Section one hundred and forty-four of the Principal Act is repealed and the following sections are inserted in lieu thereof:- Limitation " [144.] (1. ) Notwithstanding anything in this Act of liability. contained, no action, claim, or proceeding shall be maintained or allowed against the Board for or in respect of- (i.) Any injury, loss, or damage sustained by any person which is caused directly or indirectly by reason or in consequence of- (a) The escape of water from any of the Board's works, in any case where the escape of such water is not attributable to any neglect or default on the part of the Board; or (b) The withdrawal into the works or workings of the Board or into any drive, tunnel, or other excavation constructed by the Board in relation thereto of any surface or subsoil water from any land adjacent to or in

WATER. s.14. 1923. jl,fctr·opolitan Watci' Supply, Etc., Amendment Act. the vicinity of any such works, workings, drive, tunnel, or other excavation or the dislocation of the soil or particles of the soil or other material in, upon or under any land adjacent to or in the vicinity of any such works, workings, drive, tunnel, or other excavation consequent upon the withdrawal of any surface or subsoil water: Provided that such works, workings, drive, tunnel, or other excavation are and is constructed and maintained in a proper manner and without negligence, and that the construction thereof is proceeded with without undue delay on the part of the Board; or (ii.) Any injury, loss, damage, or inconvenience sustained by any person during the progress of the construction of any works by or on behalf of the Board, and which is caused directly or indirectly by reason or in conse- quence of- (a) The doing of any work preparatory or ancillary to construction; or (b) The temporary closure of or obstruction to any road, lane, footpath, gateway, door- way, window, or other opening; or (c) The temporary placing in or upon any road, lane, footpath, gateway, or doorway of any machinery, structures, material, plant, earth, or spoil, or any construction or other material of any description whatsoever; or (d) The discharge on to any road, lane, foot- path, or gateway of any water; or (e) Any noise or vibration: Provided that the construction of such works is carried out in a proper manner and without negligence, and that the construction thereof is proceeded with without undue delay on the part of the Board: Provided further that nothing in this section shall be construed to limit the liability of the Board to pay compensation for an actual personal injury to any person occasioned by the operations of the Board.in cases where the Board would be so liable if this Act had not been passed. 10879

10880 s. 14. WATER. lJ1etropolitan Water, Etc., Amendment Act. 14 GEO. V. No. 17, Particulars (2.) For the purposes of this section, the term of claim. 4' Board" includes the agents, servants, workmen of and contractors under the Board. [144A.] (1.) Every claim for compensation made against the Board under this Act shall clearly specify the name and address of the complainant, the name and address of his solicitor (if any), the nature of the injury, loss, or damage complained of and the cause thereof, the total amount of compensation claimed, and particulars showing how such amount is arrived at, specifying in each case the exact amount claimed in respect of each particular item. The claimant shall also give to the Board all such further information and particulars relating to his claim as the Board reasonably requires. Except in cases where a claim is amended by leave of the Court or a judge, as hereinafter provided, every claim for compensation shall be conclusive against the claimant, and he shall not be entitled to be awarded any compensation in respect of any matter or thing not claimed for in his original claim nor any greater sum in respect of any particular item of damage than the amount originally claimed by him in respect of such item of damage. (2.) No claim for compensation shall be increased or reduced or otherwise amended without the leave of the Court or a judge, and no such leave to amend shall be granted unless it is shown to the satisfaction of the Court or judge either that the claimant could not, by the exercise of reasonable care and diligence on his part, have so formulated his claim in the first instance as to obviate the necessity of amending it, or that additional damage has been sustained by the claimant since his claim was first formulated. (3.) In the hearing of claims for compensation under this Act, the onus of proving that the damage has been occasioned by reason or in consequence of the operations of the Board shall lie on the claimant. Tribunal. [144B.] (1.) Every claim for compensation not exceeding the sum of two hundred pounds shall be heard and determined by the Magistrates Court as if the matter had been the subject matter of an action in such Court, and the decision of such Court shall be final unless the ... \

WATER. s.15. 10881 1923. JJetropolitan Water' Supply,. Ek, Amendment Act. Supreme Court or a judge thereof gives leave to appeal therefrom on account of important questions of law involved therein. In such case the appeal shall be by way of re-hearing before a judge of the Supreme Court, sitting alone, as :iJ the matter of the claim had been the subject matter of an action in the Supreme Court. (2.) Every claim for compensation exceeding two hundred pounds shall be heard and determined in the Supreme Court in the same manner, including the right to a jury and a right of appeal against any judgment or decision of the Supreme Court, as if the matter of such claim had been the subject of an action in that Court. (3.) The Magistrate8 Court or the Supreme Court, as the case may be, shall be entitled to grant such costs as in the opinion of the Court are just and reasonable, but in exercising such discretion the Court shall have regard to the reasonableness or otherwise of the amount claimed in the original claim or in any amended claim for compensation, and if the Court is of opinion that the amount of the original claim was unreasonable or excessive it may, notwithstanding that the claimant has been awarded a sum of money by way of compensation, direct that the claimant shall pay the whole or part of the costs incurred by the Board in resisting such claim, and may direct that the amount of any such costs may be deducted from the amount of compensation moneys payable to the claimant." (2.) The provisions of sections 144, 144A, and New, ' 144B, as enacted by this Act, shall not apply to any ~~ ~ vl~ lOns claim for compensation which has been received by the retrospec- Board prior to the passing of this Act, tlve. 15. In subsection one of section one hundred and Amendment 'forty-nine of the Principal Act, the words "of five pounds of s. 149. per centum per annum" are repealed and the words "per centum per annum which the Board is required to pay as and by way of interest on any loan for house connection purposes" are inserted in lieu thereof. In subsection two of the said section, the words "the Board shall at the request of the owner" are repealed and the words" the Board may, at the request of the owner, upon proof to its satisfaction that he is unable to pay the expense thereof otherwise," are

10882 s. 16. WATER. Metropolitan Water, Etc., Amendment Act. 14 GEO. V. No. 17, inserted in lieu thereof. After the word" month" where it secondly occurs in the said subsection the following proviso is added :- "Provided that the Board may at any time extend the time for payment of such expense with interest as aforesaid for any period not exceeding a further twenty quarters and, in such case, the amount of the quarterly instalments payable as herein provided shall be propOJ;tionately reduced." Amendment of Sch. H. 16. After rule twenty-seven of the Second Schedule of the Principal Act the following rule is inserted : - Compulsory [27A.] (1.) It shall be the duty of every elector to record his voting. vote at every election held for the division of the District on the voters' roll for which he is enrolled. (2.) It shall be the duty of the Returning Officer at the close of every election to compile a list of the names and descriptions, as appear by the voters' rolls, of the electors who have not voted at the election for which he iil the Returning Officer, and to certify such list by statutory declaration under his hand. Such list so certified shall in all proceedings be prima facie evidence of the contents thereof and of the fact that the electors Yihose names appear therein did not vote at the said election. (3.) Within seven days after the close of the said election, the Returning Officer shall s8lld by post to each elector whose name appears on such list, at the address therein mentioned, a notice in the prescribed form. The Returning Officer, before sending such notice, shall insert therein the name of the elector and his number on the voters' roll on which he is enrolled, and a date on which such notice is to he in the hands of the Returning Officer. (4.) Every elector to whom such notice has been sent shall, on the prescribed form at the foot of the said notice, state the true reason why he failed so to vote, and sign the same, and post the same so as to reach the said Returning Officer not later than the date in the said notice mentioned. The Returning Officer shall, after making all reasonable inquiries, decide whether such reason is a valid and sufficient excuse for such failure to vote, and shall write his decision on the said notice. (5.) The Returning Officer, within two months after the date in the said notice mentioned, shall send to the Principal Electoral Officer the certified list meIltioned in subsection two hereof, and all the forms of notice received by him from electors as mentioned in the last preceding subsection, together with a list of electoril, certified by statutory declaration under his hand, to whom the said form was posted and by whom it has not been duly returned properly filled up and signed. 1'he last-mentioned list so certified shall in all legal proceedings be prima facie evidence of the contents thereof and of the fact that

WATER. ss. 17-19. 10883 1923. Metropolitan Water Supply, Etc., Amendment Act. the electors whose names appear therein did not vote at the said election, and having received the said notice did not comply with the requisitions thereof. (6.) Every elector who- (a) Failed to vote at the election without a valid and sufficient excuse for such failure; or (b) On receipt of such notice, fails to fill up and sign and post the same to the Returning Officer so as to reach him within the time prescribed; or (c) States in such form a false reason for not voting; shall for each such offence be liable, on the complaint of the Principal Electoral Officer, tG a penalty not exceeding two pounds. 17. In section thirty-five of Schedule Ill. of the Amendment Principal Act, the word "April" is repealed and the of Seh. Ill. word" June'" is inserted in lieu thereof. 18. Section thirty of Schedule IV. is repealed and Amendment the following section is inserted in lieu thereof :_ of Seh. IV. [30.] Prohibiting or restricting the turning into any sewerage Trade works of trade refuse from tanneries, chemical works, wool scours, refuse. slaughter houses, abattoirs, or any other industrial operations. 19. In paragraph three of form number three of Amendment Schedule V. of the Principal Act, the words "will if so of Seh. V., requested" are repealed and the words "may, if so form 3. requested and upon proof to its satisfaction that you are unable to pay the expense thereof otherwise," are inserted in lieu thereof; also, the words "five pounds per centum per annum" are repealed and the words "the rate per centum per annum which the Board is required to pay as and by way of interest on any loan for house connection purposes" are inserted in lieu thereof.