Metropolitan Water Works Act 1896 (WA)

d J rcitent 2uotralta.

ANNO SEX A.GESIMO

VICTORIA] REGINA:.

****************n 4v- " n*******************************

No. XIX.

AN ACT for the Purchase, Extension, and Management of the Metropolitan Water Works.

[Assented to, gth October, ig96.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council

Parliament assembled, and by the authority of the same, as follows:—

1. THIS Act may be cited as the Metropolitan Water Works shor lc

Act, 1896.

IN this Act, unless the context otherwise requires, the the meanings by this section assigned to them:—

following expressions placed between quotation marks shall bear Inte'l' retation. 2.

" Board" shall mean the Metropolitan Water Works Board

constituted under this Act.

60° VICTORLE, No. 19.

Metropolitan Water Works Act, 1896.

" Metropolitan Water Works " shall mean the water works

constructed under the authority of the Water Works Act,

1889.

3.     FROM and after the commencement of this Act, the

Water Works to be Metropolitan Water Works shall be vested in the Board of fourvested in Board of 4; 2 to be a quorum. persons, to be constituted as hereinafter provided ; and any two of

such persons shall be a quorum for the transaction of business and

for carrying out this Act.

4.      THE Governor may from time to time appoint three persons

corporation of Board. from time to time remove any of such persons and appoint others Constitution and in- to be members of the Metropolitan Water Works Board, and may

in their places ; and such persons, together with the Mayor of Perth for the time being, shall constitute the Metropolitan Water Works Board, and by that name shall be incorporated, and may sue and be sued, and may acquire and hold any kind of real and personal property, and shall have a common seal inscribed with the corporate name. No Member of Parliament shall be appointed by the Governor to be a member of the Board.

THE Governor may from time to time appoint a member of the Board to be chairman thereof, and may from time to time remove such chairman and appoint another member to be chairman.

5.

Chairman to be ap-

pointed by Governor.

In his absence

In the absence of the chairman at any meeting of the Board, the

another to be

elected.

members present shall elect a chairman to act during such absence.

Votes of chairman

In case of an equality of votes, the chairman for the time being

shall have a second or casting vote.

THE salary of the chairman shall be at the rate of Two hundred and fifty pounds by the year, and the salary of each other member, except the Mayor of Perth, who shall not receive a salary, shall be One hundred and fifty pounds by the year, and shall be paid out of the revenue received by the Board under this Act.

6.

Members to receive

salaries.

7.     THE Water Works Act, 1889, shall be incorporated with

Incorporation of

Water Works kVA, this Act, and shall be read as if the word " Council" were defined as

1289; with certain meaning the Board instead of the Council of the Municipality ; and

amendments.

as if, from the definition of Council to the end of the Act, the word " Board " were substituted for the word " Council," and as if, after the word " amending," in the fifth line of section seven, the words ".or repealing the same" were inserted.

THE powers conferred and the duties imposed on the Council by the Water Works Act, 1889, by this Act transferred to the Board, shall apply to any extension of the Metropolitan Water Works beyond the limits of the Municipality, and to authorise the making

Powers of Board. 8.

G0° VICTORLE, No. 19.

Metropolitan Water Works Act, 1896.

and levying of the water rate by the Board on all property to which

Part of 50 Viet., 10,

the said works shall be extended, hereinafter called " outlying	to apply to water
districts," as if the same were within the Municipality. The	rate of outlying dis-
valuation of the outlying districts shall be conducted, and the water	tricts.
rate payable thereont shall be made and levied in accordance with the Municipal Institutions Act, 1895, and the sections one hundred and fifty-two to one hundred and eighty-two of that Act, both inclusive, shall apply, mutatis mutandis, to such valuation and rate as if such outlying districts were within the Municipality of Perth, and as if the Council were the Board.
ft shall be the duty of the Board to manage, maintain, and improve the Metropolitan -Water Works, and from time to time, with the approval of the Governor, to extend them as required, and to exercise for such purposes the powers conferred upon the Council by the Water Works Act, 1889, and to discharge the duties imposed upon the Council by that Act ; but the Board shall not lease the said water works, or delegate its powers to any person or corporation, or confer upon any person or corporation a right to purchase the said water works or any part thereof.	D

CS of Board.

10.

THE common seal of the Board shall not be affixed to any instrument except in the presence of two members of the Board Two members to / attest sealing.

who shall attest by their respective signatures the fact and the date of such seal being so affixed. All Courts and all persons acting judicially shall take judicial notice of the common seal of the Board Seal to be judicially

noticed.

affixed to any instrument, and, the sealing thereof being attested as

aforesaid, shall presume that the seal was properly affixed.

11. THE Board shall keep full and accurate minutes of all its keep

proceeding ,	s in such manner and form as the Governor may from time minutes.
to

to time direct.

12.

FOR carrying into effect this Act, the Board may from time to time appoint, and from time to time suspend and dismiss,	Board may appoint
and dismiss officers,
officers, clerks, servants, and workmen.	&c.

13.

THE Board, with the approval in writing of the Governor, may from time to time issue, not lower than at par, to the Colonial	Board may issue
debentures for
Treasurer, and to him only, debentures payable to bearer in not	£350,000, and Post
Office Savings Bank
more than forty years from issue, and according to the form of	may buy them.
the Schedule to this Act, bearing interest at four per centum per	Schedule.
annum, payable half-yearly on the first day of January and the first day of July in each year, to the extent of Three hundred and fifty thousand pounds, and the Colonial Treasurer, out of the funds

60° ITICTORDE, No. 19.

Metropolitan Water Works Act, 1896.

of the Post Office Savings Bank, or from any available funds in his possession, is authorised to buy at par and negotiate such debentures.

Out of debentnreloan 14. OUT of the moneys borrowed on the debentures authorised

Board to pay the Go-	by this Act, the Board shall pay to the Colonial Treasurer Two
vernment £220,000,
the price of the	hundred and twenty thousand pounds, being the amount paid by
Works, and to spend	him for the purchase, in the name of Her Majesty, of the Metropolitan
balance as autho-
rised.	Water Works, together with interest thereon at the rate of four per centum per annum from the day of such purchase. The balance of the moneys borrowed as aforesaid shall be expended by the Board with the approval of the Governor

(a.)

In extending the Metropolitan Water Works, and

(b.)

In such other way as the Governor may, on the

recommendation of the Board, authorise and approve.

Receipts for water to 15. THE rates, charges for water, and other sums received by

be applied to pay-	the Board by virtue of this Act shall be apportioned, in the first
ment of interest, re-
demption of deben-	place, to paying the interest, half-yearly, at the rate of four per
tures, management,	centum per annum on the debentures outstanding, and, in the next
maintenance and im-
provement of works.	place, to the redemption of the debentures, at the rate of three per centum per annum, payable half-yearly, on the whole of the debentures previously issued, including any which may have been purchased or redeemed, and after such payments, to the management, maintenance, and improvement of the said Metropolitan Water Works. The first payment on account of the redemption of the debentures shall be made on the first day of January, One thousand nine hundred, and thenceforward half-yearly until the redemption of all the debentures raised under this Act.

Surplus may go in re- 16. AFTER making the payments aforesaid, and after the

duction of rates and	expenses of maintenance, management, and improvement have been
charges.	met, the Board may, if it shall think fit, with the approval of the Governor, employ any surplus in its hands in the reduction of the water rate and of the charges for water.

Colonial Treasurer to 17. MONEYS paid by the Board to the Colonial Treasurer on

apply moneys to

account of the redemption of debentures shall be immediately

redemption of de-

bentures.

applied by him to the redemption of the debentures issued by the

Board.

Annual accounts to 18. IN each year, between the 1st day of July and the 30th

be published. day of September, the Board shall cause to be prepared for the year ending the 30th day of June preceding, under the distinct heads of receipt and expenditure, an account in abstract of all moneys received by the Board, including the moneys borrowed on debentures and of all moneys expended, and the purposes for which they were expended by the Board. Each such account shall contain a

60" VICTORLE, No. 19.

Metropolitan Water Works Act, 1896.

statement of the balance thereof, and shall be duly audited and certified by the Auditor General, and a true copy of such account

in abstract shall be published in the Government Gazette on or

before the thirty-first day of December in the year in which it was

prepared, and shall be presented to Parliament.

19. THE Governor may from time to time make, and from Governor may make

time to tune repeal and alter, regulations for carrying this Act into regulations.

effect. A copy of such regulations shall be published in the Govern-

ment Gazette, and shall be laid before both Houses of Parliament

within fourteen days after such publication, if Parliament is then sitting, and, if Parliament is not then sitting, within fourteen clays after its next meeting ; and all such regulations, when so published, shall have the force of law, and shall continue in force unless repealed or altered as aforesaid, or disallowed by both Houses of Parliament.

In the name and on behalf of the Queen I hereby assent

to this Act.

GERARD SMITH, Governor.

60° VICTOMIE, No. 19.

Metropolitan Water Works Act, 1896.

SCHEDULE.

Sec. 13.

The Metropolitan Waterworks Act, 1896.

DEBENTURE.

Total Issue, £350,000.

No

The Metropolitan Water Works Board, in consideration of

pounds lent to the Board by the Post Office Savings Bank of Western Australia, hereby, in pursuance of the said Act, binds itself, its assigns, and all its Water Works, and undertaking to pay to the said the Post Office Savings Bank of Western Australia; or the bearer, on the presentation of this Debenture at the principal office for the time being of the Board, on the day of

189 , the said principal sum ; and also, in the meantime, at the

same place on every day of [month], and every day of [month],

or, if either day be a non-business day, on the next business day thereafter, to pay interest on the said principal sum at the rate of Four pounds per centum per annum. And it is hereby declared that this Debenture is issued subject to the condition indorsed thereon.

Given under the common seal of the Metropolitan Water Works Board, and

by its order, in the presence of the undersigned, two members of the

same, this day of [month and year].

C .D. Members of the [Seal.]

B .F. Board.

[Indorsement.]

This Debenture is one of a series of Debentures issued, or about to be issued, by the Board. The Debentures of the said series are all to rank parr passe as a

first charge on the property hereby charged, without any preference or priority one over another, and the charge thereby created is to be a floating security, but so that the Board is not to be at liberty to create any mortgage or charge in priority to the said Debentures, and the Board undertakes that no such mortgage or charge shall be created or arise which shall have priority over the said Deben- tures, or any of them, and that the property hereby charged shall at all times be kept free from any such prior charge.

By Authority : RICHARD PETHER, Government Printer, Perth.