Mulgoa Irrigation Act (1890 No mia) (NSW)

All Act to enable and authorize George Chaffey and Henry Gorman to establish a system of Irr igation and Water Supply within and adjacent to the Police District of Penr i th ; to acquire lands to establish Irrigation W o r k s ; to authorize the sale and supply of water for irrigation and domestic use ; and to construct, make, and lay dams, weirs, or flood-gates upon or across the Nepean and Warragamba Rivers, and for all other purposes which may be incidental thereto, [19th Decem- ber, 1890.]

WH E R E A S it is expedient and would be to the advantage of the New South Wales, and of the public generally, to establish a system, inhabitants of the District of Penrith, in the Colony of

whereby the Waters of the Nepean and Warragamba Rivers may be conserved and utilised for irrigation and domestic use, and for watering stock, and for other purposes. And whereas George Chaffey and Henry Gorman have acquired, and are about to acquire, large areas of lands within the Police District of Penrith, which lands are suitable for agricultural and horticultural purposes, if provided with a supply of water. Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

PART I.

Preliminary—Poicers and duties of the Promoters.

1. This Act may for all purposes be cited as the " Mulgoa

Irrigation Act."

2. Nothing contained in the "Municipalities Act of 1867," or the "Country Towns Water and Sewerage Act of 1880," shall be con- strued to control, limit, or restrict the operation of this Act, or to interfere with its provisions in respect of the construction or mainten­ ance of works, or the storage, distribution, or supply of water, or in respect of the borrowing of money, the valuation of property, or the fixing or levying of rates.

" Irr igation" means the use of water for flooding, moistening, or watering lands for agricultural or horticultural purposes. " Domestic

3. Nothing in this Act shall be construed to limit or in any way interfere with the rights of the Crown to the general control of natural supplies of water ; and the provisions of this Act shall be subject to the provisions of any general legislation to deal with water conservation throughout the Colony, and shall not in any way interfere with any right conferred before the passing of this Act.

4. In the construction of this Act, unless the context requires a different meaning, the expression—

" Crown Lands" means Crown Lands as defined by the "Crown Lands Act of 1889."

"Domestic use," when employed with reference to water, means use for household and all other purposes, save for irrigation of gardens or land.

" The Governor" means the Governor, with the advice of the Executive Council.

" Irrigation area" means the lands and hereditaments described in the Schedule to this Act.

'' Justice " means any Justice or Justices of the Peace.

" M i n i s t e r " means the Minister charged with the administration

of this Act.

" Owner" includes lessee or occupier.

" Person" means any individual as well as any Corporation,

Municipality, Borough, or other local authority.

" Prescribed" means by this Act or by the regulations thereunder.
" Regulations" means the regulations made under this Act.

" S t o c k " means cattle, horses, sheep, and all other domestic

animals.

" The Promoters" means the said George Chaffey and Henry Gorman, or their Assignees for the time being.

5. Before the Promoters shall put into force any of the provisions contained in Part I I of this Act with respect to the acquisition of land otherwise than by agreement, the following conditions and provisions shall be observed :—

(I) The Promoters shall publish once at the least in each of three consecutive weeks in some local newspaper circulating in the Police District of Penrith, a notice describing shortly the nature of the undertaking in respect of which it is proposed to take any land, naming the registered office as the place where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the quantity of lands required,

(II) The Promoters shall serve a notice on every owner or reputed owner, lessee, or reputed lessee and occupier of such lands, describing in each case the particular lands intended to be taken, and requiring an answer stating whether the person so served assents, dissents, or is neutral in respect of taking such lands.

(III) On compliance with the provisions of this section with respect to notices, the Promoters may, if they think fit, present a petition to the Governor, and such petition shall state the lands intended to be taken, and the purposes for

and occupiers of lands who have assented, dissented, or are	which they are required, and the names of the owners, lessees,
neutral in respect to the taking such lands, or who have returned no answer to the notice. And it shall pray that the Promoters may, with reference to such lands, be allowed to put in force the powers contained in Part I I of this Act, with respect to the acquisition of lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Governor may require.

(IV) On the receipt of such petition, and on due proof of the proper notices having been published and served, the Governor shall take such petition into consideration, and may either dismiss the same, or direct a local inquiry as to the propriety of assenting to the prayer of such petition, but until such inquiry has been made, no provisional order shall be made affecting any lands without the consent of the owners, lessees, and occupiers thereof.

(v)   After the completion of such inquiry the Governor may, by provisional order, empower the Promoters to put in force

with

with reference to t h e lands referred to in such order t h e powers of t h e said P a r t I I w i th respect to t he acquisi t ion of lands otherwise t h a n by agreement , or any of t h e m , and c i ther absolute ly or wi th such condit ions a n d modifications

as t he Governor m a y t h i n k fit, and i t shall be t h e d u t y of the

P romote r s to serve a copy of any order so made , in t h e m a n n e r a n d on the person in wh ich a n d on w h o m notices in respect of such lands are requi red to be served.

6. Subject to t h e provisions of th is A c t i t shal l be lawful for

t he P romote r s to exercise a n y of t he following powers, t h a t is to say :—

(i) To erect, m a k e , lay, or cons t ruc t u p o n a n d across the R i v e r

N e p e a n a t any	po in t w i th in th ree	miles above its j unc t ion	wi th
t h e W a r r a g a m b a	River ,	a dam, weir , or flood-gate, or	either,

w i th t h e necessary offtake works , and also to erect, m a k e ,

lay, or cons t ruc t u p o n and across the W a r r a g a m b a R ive r at

a n y point wi th in five miles above its j unc t ion wi th t he N e p e a n River , a dam, weir, or flood-gate, or ei ther, w i t h t he necessary offtake works , a n d also to m a k e , lay , and cons t ruc t f rom any point w i th in one mi le above t h e dam, weir, or flood-gate, upon or across t he W a r r a g a m b a R ive r a tunne l , aqueduc t , or canal , to ca r ry t he waters from the W a r r a g a m b a River to t he Nepean R i v e r above the dam, weir , or flood-gate, to be con­ s t ruc ted upon or across t h e Nepean River , and to ma in t a in t he same.

(II) To erect such boilers, engines , p u m p s , and o ther mach ine ry wi th in or w i thou t t h e i r r iga t ion area to raise any such waters as m a y be necessary and to work t h e same.

(III) To erect, m a k e , lay, or cons t ruc t u p o n any p a r t of the

i r r igat ion area such dams, weirs , flood-gates, culver ts , aque­ duc ts , sluices, f lumes, pipes, engines, p u m p i n g mach ine ry , reservoirs, dams, canals , water-courses , e m b a n k m e n t s , or o ther works as m a y be necessary or expedient for carrying ou t t h e purposes of th i s Ac t , and to ma in t a in and work t h e same.

(iv)   To take or divert water from the said rivers above such

dams, weirs , or flood-gates, and to convey to a n d dis t r ibute

t h e same wi th in t h e i r r iga t ion area or elsewhere as herein­ after provided, in quant i t ies no t exceeding one cubic foot per m i n u t e for every five acres of l and w i th in t h e i r r igat ion

area. Provided, never theless , t h a t n o t h i n g conta ined in th is

A c t shall au thor ize t he use of water from said r ivers for

i r r iga t ion purposes whi le less t h a n five mil l ion gallons per

d iem flow pas t t h e junc t ion of said r ivers , and seventy-five gal lons every twenty-four hours per head of t h e popula t ion of a n y town, vil lage, or se t t l ement wh ich m a y be suppl ied by w a t e r u n d e r t h e provisions of th i s A c t for domestic use. Provided always t h a t no tw i th s t and ing a n y t h i n g in th is A c t conta ined i t shal l no t be lawful for t h e P romote r s by any such works as aforesaid to d iminish or reduce t h e flow of t h e wa te r of e i ther of such rivers below such works beyond such m e a n discharge as t h e Governor shall from t ime to t i m e prescr ibe b y notif ication to be pub l i shed by t h e Minis ter in

t h e Government Gazette.

(v)   To widen or deepen, and use for drainage or any other pur­ pose, a n y exis t ing creek, lagoon, swamp, or water-course

w i th in or leading to or from t h e i r r igat ion area.

(vi) To lay pipes or cut trenches, canals, or ducts within the

i r r igat ion area for t h e purpose of del ivering water to owners
of lands, and to ma in ta in t h e same.

(VII)

(VII) To lay pipes, cut t renches , canals, or ducts outside t he i r r iga t ion area for the purpose of del iver ing wa te r to owners of land outside such area, and for the purposes of supp ly ing water for domestic uses and to ma in t a in the same.

(VIII) To en te r into a n d upon any lands and t ake and lay down levels of t h e same for t he purpose of mak ing , laying, or cons t ruc t ing canals, flood-gates, weirs, cu lver t s , aqueduc ts , sluices, flumes, pipes, water-courses, e m b a n k m e n t s , channels , or o ther works inc identa l there to , and to set ou t such par t s thereby as they shall t h i n k necessary.

( ix)   Af te r p a y m e n t of compensat ion as hereinaf ter provided to en t e r upon, t ake , and hold such land as t hey m a y from t ime to t ime deem necessary for t he cons t ruc t ion and main­ tenance of any of t h e works au thor ized by th is Ac t .

(x)   To enter upon any Crown or private lands, streets, roads, or thoroughfares , and to cons t ruc t , maintain, lay, or place there in any canals, flood-gates, Avoirs, cu lver ts , aqueducts , sluices, f lumes, water-courses , e m b a n k m e n t s , pipes, bridges, or other works incidental there to , and repair, al ter, cu t off, or remove t h e same, and en te r upon any such lands, s treets, roads, or thoroughfares for t he purpose of repair ing airy water-courses or other works being their p roper ty or under

their control .
7 . w h e n e v e r	any person employed by the	Promoters in pu r ­

suance of t h i s A c t shall , while in t h e execut ion of his duties , cause injury to land, fences, or other p roper ty , or shall cause loss or damage to any owner of land or other proper ty , t h e person suffering such in jury , loss, or damage shall be ent i t led to be compensated by t h e P romote r s .

8. The plans of any dams, Avoirs, cu lver ts , bridges, or o the r
works which m a y interfere in any way w i t h the flow of t he River

W a r r a g a m b a , or t h e River Nepcan , or any other n a t u r a l channe l shall

be submi t t ed to t h e Minis ter , and m u s t receive his sanct ion	before
such works can be entered upon.

9. W h e n a n y person claims compensat ion from t h e P romote r s ,

on accoun t of any in jury , loss, or damage , and such claim is d isputed by the Promoters , t he compensat ion c la imed shall be settled in accordance wi th t he provisions of t he " Pub l i c W o r k s Act of 1 8 8 8 " in respect of c laims for compensat ion m a d e thereunder , the Words " cons t ruc t ing a u t h o r i t y " men t ioned in t h e said A c t being for th is

purpose read " The P r o m o t e r s " as hereby defined. Provided always

that in t h e exercise of any of t h e powers hereby conferred t h e Promoters shall inflict as l i t t le damage as may be, a n d in all cases where i t can be done shall provide other watering- places, drains , a n d channels for t he use of adjoining lands in place of any taken away or in te r rup ted by t hem, and shal l m a k e full compensat ion to all part ies

in teres ted for all ac tua l damage susta ined by t h e m t h r o u g h the exercise

of such powers.
10. The Promoters may open and break u p t h e soil and pavement of any streets , roads, and bridges, and m a y open a n d break u p sewers, drains, or t u n n e l s within or under such streets and bridges, and lay down and place 1 w i th in the same or other limits, pipes, conduits , service pipes, and other works, and from t ime to t ime, repair, alter, or remove t he same, and for t h e purposes aforesaid remove and use the earth a n d mater ia ls in and under such streets , roads and bridges, and do al l other acts which the Promoters shall from time to t ime deem necessary for supply ing wa te r as au thor ized by th is Ac t . Provided never theless t ha t permission be obtained from respect ive Munic ipa l Councils w h e n

such streets arc; outs ide t he i r r igat ion area.

1 1 . W h e n t h e P romote r s shal l open or b reak u p the road or

p a v e m e n t of a n y s treet or br idge, or a n y sewer, drain, or t u n n e l , t hey shall w i th al l possible speed complete t he work for which the same shall be b roken u p , and fill in the g round and re ins ta te and m a k e good t h e road or pavemen t of t he sewer, drain , t u n n e l , or wate r -p ipe so

opened or b roken u p , and carry away the r ubb i sh occasioned thereby.

A n d shall a t all t imes , whilst any such road or p a v e m e n t shall be so

open or b roken u p , cause t he same to be fenced or guarded, and shal l cause l igh t sufficient for t h e warning of passengers to be set u p and k e p t t he re for every n igh t during which such road or pavemen t shall be cont inued open or b roken up.

12. The Promote rs may , w i th in t h e i r r iga t ion area , f rom t i m e

to t ime , divert or al ter , t emporar i ly or pe rmanen t ly , any pa r t of t he course of any creeks or water-courses , roads, s treets , or ways , in order t h e more convenient ly to exercise any of t he powers conferred on t he Promoters , and m a y cu t drains and deliver water into, embank , widen, or deepen, any creek, water- course, lagoon, or Swamp wi th in such area, and m a y pu rchase or take on lease any exis t ing water- works, and erect or cons t ruc t the reon all necessary works and mach ine ry .

13 . The Promote r s may supply any person, e i ther w i th in or

wi thou t t he i r r iga t ion area, with water for domestic use, by measu re or otherw ise, a t such rates , upon such t e rms , and subject to such con­ dit ions as m a y be agreed upon by the P romoters .

14. The Promote rs shall not be l iable, i n t h e absence of express s t ipula t ion unde r any agreement for t h e supply of water, to a n y pena l ty or damages for not supplying or con t inu ing to supply such wa te r if t h e want of such supply arises from u n u s u a l d rough t or o ther unavoidable cause, or from accident , or f rom necessary repairs .

15 . The Promote rs may le t for h i re to any person supplied wi th

water by. measure any meter , water -gauge , or i n s t r u m e n t for measu r ing t h e q u a n t i t y of wa te r supplied, and any pipes and appa ra tus for t h e

conveyance, reception, or s torage of t h e water , for such r emune ra t i on

and upon such t e rms as m a y be agreed upon by t h e P r o m o t e r s ; and such ag reemen t shall and m a y be enforced in a n y Cour t of L a w or E q u i t y .

16. Such meters , water -gauges , i n s t rumen t s , pipes, and appa ra tus

shall no t be subject to distress for r e n t of t h e premises where t h e same are used, or be liable to be a t tached or t a k e n in execut ion u n d e r any process of any Cour t of Law or E q u i t y , or u n d e r or in pu r suance of a n y sequestra t ion or order in insolvency, or other legal

proceedings aga ins t or affecting t he person us ing such water, or t h e	occupier of t he premises, or o ther the person in whose possession the
meters, water-gauges, pipes, i n s t rumen t s , and appa ra tus m a y be .

17. Eve ry person w ho shall have agreed w i t h t h e P romote r s

for a supply of wa te r by measure , shall a t his own expense, unless h e hire a mete r or wa te r -gauge from the Promoters , provide a meter or wa te r -gauge , and keep and m a i n t a i n t he same in good w o r k i n g condition to t h e satisfaction of such officer as m a y be appoin ted by the P r o m o t e r s ; and in t h e event of any repairs be ing required, notice i n

wr i t i ng shall be immedia te ly given by such person to t h e Promoters ,

and regis t ra t ion of the quan t i t y used shall be t a k e n before such

repairs a re effected.

18 . The P romote r s or the i r officers or se rvants m a y enter in and u p o n any lands, houses, or bui ld ings , a n d with or without horses or carr iages, may en ter in and upon any lands to , t h rough , or in to which water is supplied or carried by t h e Promote rs to inspect t h e meters , water-gauges, canals , dams, weirs, flood-gates, culver ts , aqueduc t s , sluices, flumes, pipes, water-courses, e m b a n k m e n t s , or

other works, and the i n s t r u m e n t s , pipes, and appa ra tus for the

measur ing

measur ing , conveyance, reception, storage, or d is t r ibut ion of water ,

or for t he purpose of ascer ta in ing t h e quan t i t y of water supplied or consumed, or to examine if there be a n y waste or misuse of w a t e r ; a n d m a y from t ime to t ime enter any house, bui ld ing, or

lands , for t he purpose of r emoving or a l te r ing any mete r , wa te r -gauge ,

i n s t rumen t , pipe, or appara tus , upon or affecting t he proper ty of t he

Promoters . A n d if a n y person hinders any such Promote r , officer, or

servant from en te r ing or m a k i n g such inspect ion or a l tera t ion or effect - i ng such removal , he shall for each such offence be liable to a pena l ty no t exceeding live pounds , b u t except wi th the consent of a Jus t i ce a power of en t ry shall be exercised only be tween the hours of six in t he forenoon and six in t he afternoon.

19. Subjec t to t h e provisions of th i s Ac t t he P romote r s may ,

from t i m e to t ime , m a k e , amend , and repeal regula t ions for or re la t ing

to all or a n y of the following subjects :—

(i)   The supply and sale and distribution of water to any person

wi th in or w i thou t t he i r r igat ion area,

(II) The ra te and price a t wh ich wa te r shall be sold, and the t ime of p a y m e n t for t he same, and t h e order in which

appl icants m a y be served,

(III) F o r de te rmin ing and adjus t ing t he interest of t h e various

landowners and others wi th in t he i r r igat ion area to and in

t he i r r igat ion works .

( I I I ) he m a n a g e m e n t and main tenance of	t h e	i r r igat ion	works ,
and the p a y m e n t of the a n n u a l	work ing expenses,	and	the

appo in tmen t of "Water M a n a g e r s or Trustees to supervise and

control all or any ma t t e r s referred to in th is section.

(v)    The prevent ion and remedying of waste , u n d u e consumpt ion , theft , fouling or con tamina t ion of t h e water contained in or supplied from any p a r t of t he Promote rs ' works .

(vi) The protection of the water and every part of the works

from trespass or in jury .

(VII) The imposing of penal t ies for any breach of any regula t ion by
th is A c t author ized to be m a d e by the Promoters , no t exceeding

the s u m of fifty pounds and the enforcement of t he same ; and

(VIII) General ly for duly adminis te r ing and ca r ry ing ou t t h e

powers given to t he Promoters .

A n d such regula t ions shall , upon be ing approved by t h e Governor and

publ ished in t he Government Gazette, be valid in law.

20. The price to be charged by the Promoters for water sold to

any person for domestic use shal l in no case exceed one shil l ing per

one thousand gallons.

2 1 .    I f a n y person suppl ied wi th water by t he P romote r s wrong­

fully docs, or causes or permi ts to be done, a n y t h i n g in contravent ion of any of t h e provisions of th is A c t or of t h e regula t ions of t he Promoters , or wrongful ly fails to do a n y t h i n g which unde r any of those provisions ough t to be done for t h e prevent ion of t h e waste, misuse, u n d u e consumpt ion , or con tamina t ion of the water of t he Promoters , shall be l iable for a n y such offence to a pena l ty not exceed­ ing five pounds in addi t ion to t he value of t h e water misused, and t h e P romote r s may (without prejudice to any remedy against h i m in respect thereof) cu t off any of t h e pipes, canals, sewers, drains, or flumes by or th rough which wa te r is supplied to h i m or for his use, a n d m a y cease to supply such person wi th water so long as t he cause of injury remains or is no t remedied.

22. If any person ba the in any s t ream, drain, reservoir, aqueduc t , or o ther water-works belonging to t he Promoters , or wash, th row, or cause to enter there in any animal , he shall for every such offence forfeit a s u m not exceeding live pounds .

/ 23 .

23 . If a n y person throw, convey, or cause or pe rmi t to he t h r o w n or conveyed, a n y rubbish , dir t , filth, or o ther noisome t h i n g in to any such river, s t ream, drain, reservoir, aqueduct , or other water­ works as aforesaid, or wash or cleanse there in a n y cloth, wool, leather , or sk in of any animal , or any clothes or o ther t h ing , he shal l for each such offence forfeit a sum no t exceeding t w e n t y pounds .

24. If a n y person wilful ly and after due not ice cause the wa te r of a n y sink, sewer, or drain, or other filthy water be longing to h i m or unde r his control to r u n or be b rough t into any such river, s t ream, dra in , reservoir, aqueduc t , or other water-works (belonging to t h e Promoters ) , or shall do any other act whereby the water of t h e P romote r s shall be fouled, he shall for each such offence forfeit a sum n o t exceeding t w e n t y pounds , and a fu r ther s u m of t w e n t y shill ings for each day (if more t h a n one) t h a t such offence cont inues .

25. A n y person wilfully po l lu t ing t h e wa te r supplied or to be

supplied by the Promoters (onus of proof t h a t wa te r is pol luted res t ing wi th Promoters ) shall forfeit a s u m no t exceeding twen ty pounds , to be recovered w i t h full costs of suit for each day du r ing which such pol lut ion shall cont inue after t he expira t ion of twen ty - four hour s from t h e t i m e w h e n notice of t he offence has been served on such person by the Promoters .

26. A n y person who shall , w i thou t t he au thor i ty of t h e

Promote r s , establish or re-establish, or pe rmi t to be established or re-established any connect ion which has no t been authorized, or which m a y have been cu t off, removed, or severed by t h e Promoters , or who shal l in any m a n n e r wilfully in jure or t ampe r wi th any connect ion- pipe, mete r , wa te r -gauge , sluice, canal , f lume, aqueduct , cistern, ball- cock, stop-cock, or waste-pipe w h i c h m a y have been approved by the Promoters , so as to destroy, diminish, or endanger i ts efficiency, m a y be s u m m o n e d for such offence before two .Justices, and, on conviction

thereof, shal l be adjudged to pay the Promoters t h e a m o u n t of t he

charges and expenses which the Promoters m a y have incur red (and which they are hereby author ized to incur) in repai r ing or res tor ing the same to a s ta te of efficiency. Eve ry such offender shall also forfeit and pay a pena l ty not exceeding ten pounds .

27. T h e charges for water and all sums due to t he P romote r s shall be paid by and be recoverable from t h e owner of t h e premises, or t h e occupier, or person requi r ing , receiving, or us ing t h e water . W h e n water is supplied by measure , a l l ra tes or charges for t h e same, for water , shal l be paid a t such t ime and in such m a n n e r as shal l be

provided for by t h e regulat ions of t he Promote rs . The ren t payable

for mete rs shall be payable in advance as and from t h e first day of
J a n u a r y ,	Apr i l , J u l y , and October in each year .

28. If any person refuse or neglec t to pay on demand to t h e P r o m o t e r s any ra te , charge, or sum due by such person unde r th i s Ac t , t he Promoters may recover t he same wi th costs in any Cour t of competen t jur isdict ion, a n d any such person m a y be sued in any

Cour t s i t t ing wi th in t h e Police -District of P e n r i t h .

29. If any person wrongful ly takes or uses any water belonging

to t h e	P romote r s , or supplied by t h e m for t h e use of any persons, h e
shall for every such offence be l iable to a pena l ty no t exceeding	fifty
pounds .

30. If any person fix or refix any sluice, stop, out let , water -

meter , wa te r -gauge , or other i n s t r u m e n t upon any pipe or canal ,

sluice or aqueduc t the proper ty of t he P romote r s wi thou t hav ing first obtained au thor i ty from the Promoters , he shall forfeit a s u m not

exceeding t e n pounds .

3 1 . If any person remove or a l ter the posit ion of, or in any

way interfere wi th , any sluice, stop out le t , meter , wa te r -gauge , or

other

other i n s t rumen t , w i thou t hav ing obtained au thor i ty as aforesaid, lie shall for each such offence forfeit a sum not exceeding twen ty pounds . Prov ided t h a t t he Promote r s shall a t all t imes have a n office wi th in

t he Police Dis t r ic t of P e n r i t h , and shall register the address of t h e

same a t the Court-house, P e n r i t h .

82. Eve ry person requ i r ing to remove or a l ter t he position of

or to open any sluice, s top-outlet , meter , or water -gauge shall leave six days not ice in wr i t ing to t h a t effect a t t h e registered office of the Promoters . A n d if any person refuse or delay to have any sluice, s top-outlet , meter , or water -gauge proper ly repai red and p u t in correct work ing order after hav ing been required by any officer of t he P romote r s so to do, t he P romote r s m a y shu t off t he supply of water from the land or premises of such person, e i ther by cu t t ing t he service- pipe or otherwise, un t i l such sluice, s top-outlet , meter , or wa te r -gauge shall have been properly repaired and certified by some officer of the Promoters as being in proper work ing order.

33 . Eve ry person who shall wilfully obst ruct a n y person ac t ing unde r the au thor i ty of the Promoters in set t ing out the l ine of any works u n d e r t a k e n under the au thor i ty of th is Ac t , or pu l l u p or remove any poles or stakes dr iven in to t h e g round for t h e purpose of se t t ing out t he line of such works , or destroy or injure any works so u n d e r t a k e n as aforesaid shall incur a pena l ty not exceeding twen ty pounds for every such offence.

34.    If a n y person un lawful ly and maliciously destroy or damage ,

or a t t e m p t to destroy or damage , any reservoir, dam, t ank , t unne l ,

water-course , sluice, main , d is t r ibutary pipe, aqueduct , br idge,

road-way, e m b a n k m e n t , p u m p , or engine, or other pa r t wha teve r of t he mach inery or works of t he Promoters , such person shall be gu i l ty of felony, and shall be liable to be imprisoned for any t e r m n o t exceeding t en years .

P A R T I I .

The acquisition and occupation by the Promoters of lands—ascertain­

ment of compensation in respect thereof.

35. After t h e approval by t h e Governor of t h e acquisi t ion of

lands otherwise t h a n b y agreement , and p a y m e n t of compensat ion made and provided by th is Act , b u t not before, t he Promote rs shall
be empowered to acqui re or occupy such lands in m a n n e r herein­

after provided, and in t he case of Crown Lands such acquisi t ion or occupat ion shall be m a d e under and subject to t h e provisions of the

" C r o w n Lands Ac t of 1 8 8 4 " and the A m e n d i n g Ac t of 1889.

36. I t shall be lawful for t he Promoters , b y notification to be

publ i shed in the Gazette, and in one or more newspapers publ ished or

c i rcula t ing in t he said Police Distr ic t of Pen r i t h , to declare t ha t t he land described in such notification is required for t he purpose there in expressed, b u t t he purpose so to be expressed shall be l imited to the acquis i t ion of lands for erect ing, m a k i n g , laying, or cons t ruc t ing works , canals , aqueduc t s , flumes, water-courses, or other works for car ry ing out t h e objects of th is Act .

37. U p o n the publ ica t ion of the notification in t he Gazette

declar ing t h a t t he lands there in described are so required, such lands shall, upon compliance wi th the req iu rement s and provisions herein­ after contained, be vested in t he Promoters for t h e purposes of this Act, for an estate of inher i tance in fee-simple in possession, freed ami discharged from all t rus ts , obligations, estates, interests , contracts ,

charges,

charges , ra tes , r ights-of-way, or other easements whatsoever , and to t h e in t en t t h a t t h e legal estate therein , together w i th all powers inc ident there to or conferred by th is Act , shall, subject to t h e pro­ visions thereof, he vested in t he Promoters .

38. W h e r e t h e l and required is Crown L a n d a t t h e da te of such

publ icat ion, or is vested in any corporat ion or person on behalf of H e r Majes ty , or for publ ic purposes, by v i r tue of any s ta tu te , or is wi th in t h e l imits , w i t h reference to centres of populat ion, prescribed by the A c t n e x t hereinafter cited, t h e effect of such publ icat ion shall be to wi thdraw the said land (to t he e x t e n t required) from any lease or license or promise thereof, and to cancel to t he l ike ex t en t any dedica­ t ion or reservat ion of the said land m a d e unde r the au thor i ty of t h e " Crown Lands Al ienat ion A c t of 1 8 6 1 , " or any Ac t or Ac ts amend ing t h e same, and to divest t he estate of such corporation or person, and to vest t h e said land, to t he ex ten t aforesaid, in the Promoters , for t h e purposes ment ioned, and for t h e estate l imited in t h e last preceding section. Provided, however, t h a t no t h ing in th is section contained shall have a n y effect or operat ion unless t h e approval of t he Governor shal l first have been obtained wi th respect to t he land so required.

39. W h e r e t he land described in any such notification consists

whol ly or pa r t ly of land al ienated by, or no t t he p roper ty of, the Crown, or is no t Crown L a n d as defined by this Act , t he owners thereof shall be enti t led to receive such s u m of money , by way of compensation, for t he land so described, as shall be agreed upon , or otherwise ascer­ tained, unde r t he provisions hereinafter contained.

40. The es ta te and interes t of every person ent i t led to lands requi red unde r this Act , or any port ion thereof, and whe the r to t h e legal or equi table estate therein , shall , upon due p a y m e n t of t he a m o u n t of compensat ion tendered by t h e Promoters , or assessed by the j u r y as hereinaf ter provided, be deemed to have been as fully and effectually conveyed to t h e P romote r s as if t h e same h a d been conveyed by t h e persons legally or equi tably ent i t led there to by means of t he most perfect assurances in t he law. A n d every person shall , upon asser t ing his c la im as hereinaf ter provided, and m a k i n g out his t i t le in respect of any port ion of t he said resumed lands, be ent i t led to compensat ion on account of such resumpt ion in m a n n e r hereinafter provided.

4 1 . Eve ry person c la iming compensat ion in respect of any land

so required, or in respect of any work or other m a t t e r done unde r t he au thor i ty of this Act , shall, w i t h i n n ine ty days from t h e publ icat ion of

such notification, or at any t ime afterwards wi th in such ex tended t ime as a J u d g e of t h e Supreme Court shall, upon the appl icat ion and a t the	cost of t he c la imant appoint in t h a t behalf, serve a not ice in wr i t ing
upon t h e Promoters , wh ich not ice shall set for th t he n a t u r e of t h e es ta te or interest of the c la imant in such land, together wi th an abs t rac t of his t i t le , and if he claims in respect of damage, the na tu r e of t he damage which he has sustained or will sustain by reason of t he t a k i n g of his land, or of such work or m a t t e r as aforesaid, and such notice m a y be in t he form of t h e Second Schedule hereto, b u t wi th any modifications required by the n a t u r e of t he c la im.
42. W i t h i n sixty days after t h e receipt of every such notice of claim, t he Promoters shall cause a va lua t ion of t he land or of the estate or interest of t h e c la imant there in to be made in accordance with t he provisions of this Act , and shall inform the c la imant as soon as prac­ t icable of the a m o u n t of such valuat ion by notice in the form of t he Third Schedule hereto.
43 . I f wi th in n ine ty days after t he service of notice of claim the c la imant a n d the Promote rs shall no t agree as to the amoun t of compensat ion, t he c la imant shall be at l iberty to ins t i tu te proceedings

in

in t he Supreme Cour t in t h e form of an act ion for compensat ion aga ins t t h e P romote r s ; and any such action m a y he t r ied before a J u d g e of the said Court , or in any Circui t Court , and a special j u r y of four persons. Provided always t h a t upon proper appl icat ion, e i ther of

t h e Promoters or of t h e c la imant , a special j u r y of twelve m a y be summoned for the t r ia l of such act ion. Provided also t h a t wi th t he consent in wr i t ing of the Promoters and the c la imant , any such act ion m a y be so tr ied a t a n y t ime (to be ment ioned in such consent) before t h e expi ra t ion of n ine ty days from service of t he notice of claim for compensat ion, b u t not wi th in fourteen days from service of t he not ice

of va lua t ion on such c la imant .

44. The issue to be tried in any such act ion shall be whe the r

t he c la imant is ent i t led to a larger s u m by way of compensat ion t han

t h e a m o u n t of the va luat ion so made by the Promote rs and notified	to
t he c la imant as aforesaid; and if so, to w h a t sum.	A n d if upon the
t r ia l of t he said action t h e verdict shal l be for a greater	s u m t h a n the

a m o u n t of t h e said valuat ion t he costs of t h e action shall be borne by the Promoters , b u t if t h e verdict shall be for a s u m equal to or less

t h a n such va lua t ion t h e n the costs shal l be borne by t h e c la imant .

45 .    Al l moneys payable unde r th i s A c t by way of compensation

to any c la imant , w h e t h e r under the verdict of a j u ry or otherwise, shall be paid together w i th costs (if any) and in teres t a t t h e ra te of six pounds per c e n t u m per a n n u m , reckoned from the date of t h e notifica­ tion aforesaid wi th in one m o n t h after t h e de terminat ion of such com­

pensat ion to t he person lawfully ent i t led there to , or to his agen t duly

author ized in t h a t behalf in wr i t ing , b u t the c la imant shall be bound to m a k e ou t his t i t le to t h e estate or in te res t claimed by h im in all cases where t he c la im is in respect of t he deprivat ion of some estate or in teres t in land. Provided t h a t in the case of land unde r t he surface t aken for t he purpose of cons t ruc t ing a sub te r ranean t u n n e l for water supply, no compensat ion shall be allowed or awarded unless the surface of t he overlying soil be dis turbed, or t he suppor t to such surface be destroyed or injuriously affected by the construct ion of such tunne l , or unless a n y mines or u n d e r g r o u n d work ings in or adjacent to such land be thereby rendered unworkable or be so affected as aforesaid.

46. I n es t imat ing or assessing t h e compensat ion to be paid unde r this Ac t regard shall be had by the valuators and by the j u r y (on any issue), no t only to the value of the land t aken by the Promoters , bu t also to t h e damage (if any) to be sustained by the c la imant by
reason of t h e sever ing of t he lands t a k e n from other lands, or other
injuries suffered by h i m by reason of the exercise of t he powers
expressed or incorporated in th is Ac t , and they shal l assess t h e same according to w h a t they shall find to have been t h e value of such lands , es ta te , or interest at t h e t ime of t he r e sumpt ion thereof, or t he ex ten t of the damage or in jury sustained.
47. Subject to t he provisions of this A c t it shall be lawful for t h e Promoters , and for a n y officer the re duly authorized in t ha t behalf, and for all persons employed in t he carrying out of any authorized works , and for any person author ized b y t h e P romote r s to enter upon the lands of a n y person whomsoever, which the P romote r s m a y requi re to purchase or t ake , and to t a k e possession and appropr ia te t h e same for the purposes of th is Ac t , or of t he execut ion of any such author ized works .

48 . No twi ths t and ing a n y t h i n g hereinbefore contained i t shall

be lawful for t h e Promoters , if they t h i n k fit, to agree wi th t he owners of a n y lands, the acquisi t ion of which is author ized by th is Act , and wi th all par t ies hav ing any estate or interest in such lands, or by this A c t enabled to sell and convey the same for t he absolute purchase for

a

a considerat ion in money of any such lands or such par ts thereof as shall be t h o u g h t proper, and of all estates a n d interes ts in such lands of wha t k ind soever.

49. I t shall he lawful for al l par t ies be ing seized, possessed of, or ent i t led to a n y such lands, or any es ta te or in teres t there in , to sell and convey or release t h e same to t he Promoters , and to en te r into all neces­ sary agreements for t h a t purpose, and par t icular ly i t shall be lawful for all or any of t h e following par t ies so seized, possessed, or ent i t led as aforesaid so to sell, convey, or release, t h a t is to say, all corporat ions, t enan t s in ta i l or for life, marr ied women seized in the i r own r igh t or en t i t led to dower, guardians , commit tees of lunat ics , and idiots, t rus tees or feoffees in t rus t for char i table or o ther purposes, executors and adminis t ra tors , and all par t ies for t he t ime-be ing ent i t led to t he receipt of t he ren t s and profits of any such lands in possession or subject to any es ta te in dower, or to any lease for life or for lives and years or for years, or any less in t e res t ; and t h e power so to sell and convey or release as aforesaid m a y lawful ly be exercised by all such par t ies o ther t h a n marr ied w o m e n ent i t led to dower or lessees for life or for lives and years or for years , or for any less in teres t , no t only on behalf of themselves and the i r respective heirs, executors , adminis t ra tors , and successors, b u t also for and on behalf of every person ent i t led in reversion, remainder , or expec tancy after t hem, or in defeasance of t he estates of such part ies, a n d as to such mar r i ed women, whe ther t hey be of full age or no t as if t hey were sole and of full age, and as to such guardians on behalf of the i r wards, and as to such commit tees on behalf of t h e lunat ics and idiots of whom they arc t he commit tees respectively, and t h a t to t h e same ex ten t as such wives, wards , lunat ics , a n d idiots

respect ively could have exercised t he	same power unde r t h e au thor i ty
of th is A c t if t hey had respectively been under no disability	and as

to such t rus tees , executors , or adminis t ra tors on behalf of the i r cestui

que t rus t s , whe the r infants, issue unborn , lunat ics , feme covert, or o ther persons, and t h a t to the same ex ten t as such cestui que t r u s t s respect ively could have exercised t h e same powers under t he au thor i ty of this Ac t if t hey h a d respect ively been u n d e r no disabil i ty ; and t h e power hereinafter given to release lands from any ren t -charge or i ncumbrance , and to agree for t he appor t ionment of any such rent - charge or i ncumbrance shal l ex tend to, and m a y lawfully be exercised by, every pa r ty hereinbefore enabled to sell, and convey, or release lands to t h e Promoters .

50. The several sections of the Government Railways Act,

twenty-second Victor ia n u m b e r n ineteen, hereinaf ter specified, toge ther

w i th t h e respective powers, authori t ies , dut ies , liabilities, obligations, and o ther t h e provisions there in contained, arc hereby declared, not­ wi ths t and ing t h e repeal of t h e said Act , to be incorporated wi th , and embodied in, th i s Act , to t h e in t en t t h a t t h e same may be applied as fully and effectually to t he lands t aken under the au thor i ty of this A c t as if t he said sections h a d been specifically enacted herein. And tha t wheresoever in any section so incorporated t he word " Commiss ioner" occurs, there shal l , for t he purposes of th is Act , be subs t i tu ted in l ieu

of such word t h e expression " t h e P r o m o t e r s . " A n d whenever t h e

word " R a i l w a y , " or words imp ly ing works connected wi th a rai lway, occur, t he re shall be subs t i tu ted such words respectively as denote t h e na tu r e of the work, unde r t ak ing , or purpose in respect of which the land in quest ion has been appropriated, or resumed. The following

are t h e sections so declared to be incorporated wi th th is A c t : —

(I) As to t he deposit of compensat ion money in cer ta in cases

wi th the Mas te r	in E q u i t y and the appl icat ion and invest-
ment thereof.	As to paymen t of such money in cer tain cases

to

to t rus tees or to the part ies themselves , a n d t h e exonerat ion

of t h e Promoters in respect thereof after paymen t .	Sections
forty-seven to fifty-two, both inclusive.

(II) As to t h e deposit and applicat ion of compensat ion money on
refusal of t h e owner to accept the same or on his failing to

m a k e out a satisfactory t i t le , and as to p resumpt ion of

ownership . Sections fifty-three to fifty-six, bo th inclusive.

(III) As to t h e procedure by the P romote r s in case t h e owner or occupier of any lands resumed unde r this A c t shal l refuse to give u p possession thereof or h inder t h e Promote rs from en te r ing u p o n or t a k i n g possession of t h e same. Section sixty-one.

(IV) As to t he purchase or redempt ion of t h e interests of

mortgagees , and t h e deposit of pr inc ipal and in teres t due on mor tgages wi th t h e Mas te r in E q u i t y , t he procedure to be observed w h e n t h e mor tgaged lands are of less value t h a n t h e mor tgage debt, a n d where pa r t only of lands in mor tgage

are t a k e n . Sections sixty-five to seventy, both inclusive.

(v)   As to the release of lands from rent, charges, and other

incumbrances , a n d procedure thereon. Sections seventy-one

to seventy-four , bo th inclusive.

(vi) As to t h e appor t ionmen t of ren t where lands t a k e n are

unde r lease, and as to compensat ion to t enan t s .	Sections
seventy-five to seventy-eight , bo th inclusive.

(VII) As to t h e en t ry u p o n or t empora ry occupat ion of lands, t h e

crossing of roads and other h ighways , t h e m a k i n g of br idges and other works of accommodat ion, and t h e provisions con­ sequent thereon. Section t e n a n d sections eighty-four to ninety-seven, both inclusive. Provided t h a t compensat ion shall in all respects be ascertained in accordance wi th this Act .

5 1 . I t shall be lawful for t h e Promote r s , and all persons by

t h e m authorized, to enter upon any lands, not being a garden, orchard, or p l an t a t ion a t tached or be longing to a house, nor a park , p lan ted walk, avenue, or g round ornamenta l ly p lanted, and not be ing nearer to t he dwell ing-house of t h e owner of any such lands than one h u n d r e d yards therefrom, and to occupy the said lands so long as m a y be necessary for t he cons t ruc t ion or repair of any works authorized by this Ac t , of t h e accommodat ion works connected the rewi th hereinaf ter

ment ioned , and to use t he same for a n y of t he following purposes, t ha t
is to say—

F o r t h e purpose of t a k i n g ear th or soil by side cu t t i ngs therefrom

For t h e purpose of deposi t ing soil t h e r e o n ;

For t h e purpose of ob ta in ing mater ia l s theref rom for t he con­ s t ruct ion or repair of t h e water-works , or such accommodat ion works as aforesaid; or

For t he purpose of forming roads thereon to or from or by t h e side of t he said works.

A n d in exercise of such powers i t shall be lawful for t he Promote rs and all o ther persons employed the re in to deposit, and also to manufac tu re and work upon such lands, mater ia ls of every kind used in cons t ruc t ing t h e said works , and also to t ake from any such lands any t imber , and also to dig and t ake f rom or out thereof a n y clay, stone, gravel , sand, or other th ings t h a t m a y be found there in useful or p roper for con­ s t ruc t ing t h e said works , or any such roads as aforesaid, and for t he purposes aforesaid to erect thereon workshops, sheds, and other build­ ings of a t empora ry na tu re . Provided always t h a t no th ing in th is

Act

A c t conta ined shall exempt t h e Promote rs from a n act ion for nu i sance or o ther in jury (if any) done in t h e exercise of t h e powers he reby conferred to the lands or habi ta t ions of any pa r ty o ther t h a n t h e par ty whose lands shal l be so t aken or used for any of t h e purposes aforesaid. Provided also t h a t no stone or slate qua r ry , brick-field, or o ther l ike place which , a t t h e t i m e of t he pass ing of th is Act , shall be commonly worked or used for ge t t i ng mater ia ls theref rom for t he purpose of sell ing or disposing of t h e same, shal l be t aken or used by the P romote r s e i ther whol ly or in pa r t for a n y of t h e purposes last ly hereinbefore ment ioned , and t h a t t he Company shal l pay to t h e owner of t h e l and a fair price for any t imber , clay, stone, gravel , sand, or other t h ings

t a k e n therefrom.
52. I f any such lands shal l be used for any of t h e purposes

aforesaid, t h e Promote rs shall , if requi red so to do by t h e owner or occupier thereof, separate t h e same b y a sufficient fence from t h e l ands adjoining there to wi th such gates as m a y be necessary for t h e con­ ven ien t occupat ion of such lands, and in case of any difference be tween the owners or occupiers of such lands and t h e P romote r s as to t h e necessity for such fences and gates, t h e n wi th such fences and gates as t h e Governor shal l deem necessary for t h e purposes aforesaid.

53. I n any of t h e cases aforesaid whe re t h e P romote r s shal l

t ake t empora ry possession of lands b y v i r tue of t h e powers here in

granted , i t shall be i n c u m b e n t on t h e m wi th in one m o n t h after the i r en t ry upon such lands, upon be ing required to do so, to pay to t h e occupier of t he said lands t he value of any crop or dressing t h a t m a y be thereon, as well as full compensat ion for any other damage of a t empora ry n a t u r e which he m a y susta in by reason of t h e Promote rs so

t a k i n g possession of his lands .

54. If i n t h e exercise of t he powers he reby granted i t be found necessary to cross, cu t th rough , raise, s ink or use any p a r t of any road, w h e t h e r carriage-road, horse-road, or t ram-road , or rai lway, e i ther publ ic or pr iva te , so as to render i t impassable for, or dangerous , or more t h a n usua l ly inconvenien t to passengers , or carriages, or to t h e persons ent i t led to t he use thereof, t he Promote rs shall, before t h e commence­ m e n t of a n y such operations, cause a sufficient road to be made instead of t h e road to be interfered wi th , and shall, a t the i r own expense, ma in t a in such subs t i tu ted road in a s ta te as convenient for passengers and carr iages as t he road so interfered wi th , or as near ly so as may be.

55. If t he road so interfered wi th can be restored compat ib ly

wi th t he due complet ion of any works author ized under th is Ac t , t h e same shall be res tored to as good a condit ion as i t was in a t t h e t ime when the same was first interfered wi th by the Promote r s , or as nea r there to as m a y be, and if such road cannot be so restored, t h e P ro ­ moters shall cause t he new or subs t i tu ted road, or some o ther sufficient subs t i tu ted road, to be p u t in to a p e r m a n e n t l y subs tan t ia l condit ion equal ly convenient as t h e former road, or as near there to as c i rcum­ stances will allow, and the former road shall be restored, or the subs t i tu ted road p u t into such condition as aforesaid, as t he case may be, wi th all reasonable expedit ion.

56. I f any pipe, canal, or duct shall cross any h ighway , o ther

t h a n a publ ic carr iage-way, on t he level, t h e P romote r s shall m a k e a n d

a t all t imes m a i n t a i n convenient ascents and descents, and o ther con­ venient approaches wi th hand-ra i ls or other fences, and shall , if such h ighway be a bridle-way, erect and a t all t imes ma in t a in good and sufficient gates, and if the same shall be a footway, good and sufficient gates or stiles on each side of works where the h ighway shall com­

mun ica t e therewi th .

57. The Promoters shall m a k e and a t all t imes thereaf ter main­ t a in t h e following works for t h e accommodat ion of t he owners and occupiers of lands adjoining any works authorized unde r th i s Act , t h a t is to say—

Such and so m a n y convenient gates, br idges, arches, culver ts , and passages over, under , or by t h e side of, or leading to or from such works as shall be necessary for t he purpose of m a k i n g good any in te r rup t ions caused thereby to t h e use of t he lands t h rough which t h e same shal l be made, and such works shall be made for thwi th after t h e p a r t of t h e pipe, canal , or duct- passing over such lands shall have been laid down or formed or du r ing the format ion thereof.

Also sufficient posts, rails, hedges, ditches, m o u n d s , or o ther fences

for separa t ing t h e land, t a k e n for t h e use of such works from the adjoining lands not t aken , and pro tec t ing such lands from trespass, or t he ca t t le of t he owners or occupiers thereof from s t ray ing the reou t by reason thereof, toge ther w i th all neces­ sary gates made to open towards such adjoining lands a n d not towards t h e said works , and all necessary stiles, and such posts, rails, and other fences shal l be made for thwi th after t h e t a k i n g of any such lands, if t h e owners thereof shall so require , and t h e said works as soon as convenient ly m a y be .

Also al l necessary arches, tunne ls , culverts , drains, or o ther passages, c i ther over or under , or by t he sides of such works , and of such dimensions as will be sufficient a t all t imes to convey the n a t u r a l water from the lands ly ing near or affected thereby .

Provided always, t h a t t he Promoters shall no t be required to make such accommodat ion works in such a m a n n e r as would preven t or obs t ruc t the us ing of any works author ized by th is Act , nor to make any accommodat ion works wi th respect to wh ich the owners and occupiers of the lands shal l have agreed to receive and shall have been

paid compensat ion.

58. If a n y difference arise respect ing t h e k ind o r n u m b e r of any

such accommodat ion w o r k s , or t he dimensions or sufficiency thereof, respec t ing t h e ma in t a in ing thereof, t h e same shall be de termined by t h e Governor, who shall also appoint t he t ime wi th in which such works shall be commenced and executed.

59. If any of t he owners or occupiers of lands affected by such
pipe, canal , or duc t shall consider the accommodat ion works m a d e by

t h e Promoters , or directed by t h e Governor to be made by t h e Promoters ,

insufficient for the commodious use of the i r respect ive lands, it shall be
lawful for any such owner or occupier, a t any t ime a t his own expense,
to m a k e such fu r ther works for t ha t purpose as he shal l t h i n k necessary,
a n d as shall be agreed to by t h e Promoters .

60. If t h e Promote rs so desire, all such las t -ment ioned accom­ modat ion works shall be constructed unde r the super in tendence of t he P romote r s ' engineer , and according to plans and specifications to be submi t t ed to and approved by the Promote r s . B u t t h e Promote rs shall

no t be ent i t led to requi re e i ther t h a t plans shall be adopted, which

will involve a grea ter expense t h a n t h a t incurred in t he execut ion of similar works by the Promoters , or t h a t t h e p lans selected should be executed in a more expensive m a n n e r t h a n tha t adopted in similar

cases by t he P romote r s .

6l. I f any person omit to shut and fasten any gate set u p for t he accommodat ion of t he owners or occupiers of t h e adjoining lands, as soon as he and the carriages, cat t le , or o ther animals unde r his care have passed t h r o u g h the same, he shall forfeit for every such offence any s u m not exceeding ten pounds .

P A R T

P A R T I I I .

Miscellaneous Provisions—Legal Procedure.

62. One-half of any pena l ty recovered unde r this Act shal l be paid to t h e informer ; and where any distress is m a d e for any s u m of money to he levied unde r th is Act , t he distress itself shall no t he unlawful , nor t he persons m a k i n g t h e same he deemed trespassers, on account of any defect or w a n t of form in t he information, summons , convict ion, w a r r a n t of distress, or other proceedings re la t ing there to ,

nor shal l t he persons d is t ra in ing he deemed trespassers on account of any i r regular i ty t h a t shall he afterwards done by the persons	dis t ra ining,
h u t t h e persons aggrieved by such i rregular i t ies m a y recover	satisfaction
for t he special damage in a n ac t ion on the case.

63 . If i t shall he proved to t h e satisfaction of any two Jus t i ces

in P e t t y Sessions assembled, t h a t t h e P romote r s or any of the i r officers

have been gu i l ty of any default u n d e r th i s A c t not otherwise provided for, t hey shal l be l iable for each and every such default to a pena l ty

n o t exceeding five pounds , to be recovered in a s u m m a r y way.

64. W h e r e by th is A c t any quest ion of compensat ion, expenses,

charges , or damages , or o ther m a t t e r is requi red to be referred	to	t he
de te rmina t ion of any Jus t ices , it shall be lawful for	any Jus t i ce ,	upon

t h e applicat ion of e i ther par ty , to s u m m o n the o ther pa r ty to appear before two Jus t ices a t a t ime and place to be named in such summons , and upon t h e appearance of such part ies , or in the absence of any of t h e m u p o n proof of due service of t h e summons , it shall be lawful for such two Jus t i ces to hear and de te rmine such quest ion, and for t h a t purpose to examine such par t ies or any of t h e m and the i r witnesses on oath , a n d t h e cost of every such inqu i ry shall be in t h e discretion of

such Jus t ices , and they shall de te rmine t h e a m o u n t thereof.

65.    E v e r y penal ty , forfeiture, charge , or s u m of money imposed

by or m a d e payable under th is Act , t he recovery of which is not other­ wise provided for, m a y be recovered by s u m m a r y proceedings before two Jus t i ce s , unde r t h e provisions of t he A c t or Ac t s in force for t h e t ime being, r egu la t ing s u m m a r y proceedings before Jus t ices . A n d where any such penal ty , charge, or sum be not paid, e i ther immedia te ly after convict ion or adjudicat ion, or wi th in t h e t ime appointed thereby, t h e same m a y be enforced by distress and sale of t he offender's or defaul ter ' s goods and chat te ls , in t he m a n n e r provided by the said Ac t s .

66. If a n y pa r ty shal l feel aggrieved by any de te rmina t ion or

unde r t he provisions of th i s Act , such p a r t y may appeal to t he	adjudicat ion of any Jus t ices w i th respect to any pena l ty or forfeiture
neares t Q u a r t e r Sessions; b u t no such appeal shall be en te r ta ined
unless i t be m a d e wi th in four m o n t h s n e x t after the m a k i n g of such
de te rmina t ion or adjudicat ion, nor unless t en days ' notice in wr i t ing
of such appeal , s ta t ing t h e n a t u r e and grounds thereof, be given to
t h e p a r t y aga ins t w h o m t h e appeal shal l be b r o u g h t ; nor unless t h e
appel lan t fo r thwi th after such notice en te r in to recognizances wi th two sufficient sureties before a Jus t ice , condit ioned duly to prosecute such appeal , and to abide t he order of t h e Cour t thereon . A t t he Quar t e r Sessions, for which such not ice shall be given, t he Court shall proceed to de termine t he appeal in a s u m m a r y way, or they may , if t hey t h i n k fit, ad journ it to t he following Sessions, and upon t h e hea r ing of such appeal , t h e Cour t may , if t hey t h i n k fi t , mi t iga te any pena l ty or forfeiture, or they m a y confirm or quash the adjudicat ion, and order any money paid by the appel lant , or levied b y distress upon his goods, to be re tu rned to h im, and also m a y order such fur ther satisfaction to be made to the par ty in jured, as they may judge reason­ able ; and they m a y m a k e such order concerning the costs, both of the adjudicat ion and of t he appeal, as they may t h i n k reasonable.

67. If t h r o u g h any act, neglect , or d e f a u l t , on a c c o u n t w h e r e o f

a n y person shall have incurred a n y pena l ty imposed b y this Act , a n y damage to any conduit , main , pipe, sewer, or o ther proper ty of t h e P romote r s , used in connect ion the rewi th , shall have been commi t t ed b y such person, he shall be liable to m a k e good such damages a s well as to pay such penal ty , and the a m o u n t of such d a m a g e s shall, in case of dispute, be de termined by t h e Jus t i ces b y w h o m t h e pa r ty incur r ing such pena l ty shall have been convicted, and on non -paymen t of such damages on demand, t he same shall be levied b y distress, and such

Jus t ices , or one of them, shall issue the i r wa r r an t accordingly.

68. I t shall be lawful for any officer or servant of t he Promoters , and all persons assist ing h im, to seize and deta in a n y person who shall have commit ted any offence against t h e provisions of th i s Ac t , and whose n a m e and residence shall be u n k n o w n to such officer or servant ,

and convey h im, wi th all convenient despatch, b e f o r e s o m e Justice;

wi thout any w a r r a n t or o the r au thor i ty t h a n this Ac t , to be dealt w i th

according to law.

09.    A n y notice required by this Act , or by any by- law or regula­

t ion m a d e the reunder to be served on, or given to, a n y owner or occupier

of a n y bui ld ing , land, or premises, or on or to a n y p e r s o n , m a y be in

wri t ing , or pa r t ly in wr i t ing and par t ly pr inted, or m a y b e wholly

pr inted. A n d i t shall be sufficient for all purposes of th i s Ac t , unless

1 he said A c t in any case prescribes a different course to be pursued, if

a n y such not ice is sent by post to the owner by registered le t te r addressed to his las t -known place of abode or of business, or is served on t he owner or occupier of such bui lding, land, or premises, or left w i th some inma te apparent ly over t he age of fourteen years l iv ing a t t he place of abode of such owner or occupier, or if the re be no occupier, if such notice be posted on some conspicuous pa r t of such bui ld ing or land. A n d any notice required to be served or given in respect of any publ ic street , road, or lane m a y be served on or sent by post as aforesaid to t he Counci l Clerk of t h e Borough or M u n i ­ cipal Dis t r ic t where in such street , road, or lane, or a port ion thereof

affected by t h e not ice is s i tuated.

70. I n t he event of the wrongful exercise of any powers given

by th is Act , no th ing in this A c t contained shal l be construed to p reven t a n y person from indic t ing, or otherwise proceeding, e i ther civilly or cr iminal ly agains t t h e Promote r s or thei r officers, for nuisance or otherwise in respect of t h e works , or means used or employed by the Promote rs in t h e exercise of the privileges hereby conferred on the

Promote r s , or to prevent the Promoters , or any person sum of money, or otherwise proceeding in any Cour t of competen t recover ing any

jur isdict ion ; b u t the Promoters or a n y person, to w h o m any pena l ty or
s u m of money may , by t h e provisions of th is Ac t , be awarded, may elect e i ther to proceed in m a n n e r in this A c t provided, or to proceed for a n d recover damages or otherwise, in any Cour t of competen t jur isdic t ion.

7 1 .    Fo r any of t h e purposes of t h e Promote rs author ized by this

A c t t he Promoters may from t ime to t ime borrow money in such sum or sums as t h e Promoters m a y t h i n k fit; and for secur ing t he repay­ m e n t of t he money so borrowed, wi th interest , i t shal l be lawful for t h e P romote r s to issue debentures , to be charged a n d secured upon

t h e P romote r s lands, works, mater ia ls , r igh ts , privileges,	and revenues
or to mor tgage t he same.

72. The Promoters shall assign and transfer to t he purchaser or

purchasers of land wi th in the i rr igat ion area a t t ime of purchase such a water - r ight to a t t ach to t he land so purchased as t he Promote r s m a y de termine , and such water - r ight , when assigned or t ransferred to such purchaser or purchasers , shall be expressed in or endorsed upon the deed of conveyance, or in or upon the t ransfer of such land ; and in all

cases

cases where the land is unde r t he provisions of t h e R e a l Proper ty Act , such wa te r - r i gh t shal l he noted by the Reg i s t ra r -Genera l upon t h e purchaser ' s certificate of t i t le , and such wate r - r igh t shall , for all t ime , a t t a ch to t h e land to which the same has been assigned, and shall be he ld by a n d belong to the owner of such l and for t h e t ime be ing . Provided such wa te r - r igh t shall in no case be inconsis tent w i t h t h e

r igh t s conferred on the P romote r s u n d e r th is Act .

73 . I t shall be lawful for t h e P romote r s , a t a n y t i m e after t h e

pass ing of th is Act , to assign, t ransfer , convey, and release to a n y person, or to any Company duly incorporated for t h a t purpose, all t h e r igh t s , powers, author i t ies , privileges, liabilities, and obligations conferred and imposed upon i t by th is Act , together w i th all lands , t enements , he red i taments , estates, chat te ls , and effects of every k ind acquired by i t u n d e r or in pu r suance thereof, and purchased, occupied, or used in connect ion wi th t he same, a n d upon and after t h e com­ ple t ion of such ass ignment , transfer, conveyance, and release t h e said person or Company, the i r officers, agents , and servants a lone m a y lawfully exercise and enjoy ail t he r igh ts , powers, author i t ies , and privi leges, and shall be and cont inue alone to be subject to all t h e liabilities, obligations, penalt ies, and forfeitures to w h i c h t h e said P ro ­ moters , the i r officers, agents , or servants would have been ent i t led or subject h a d no such ass ignment , t ransfer , conveyance, and release been completed. Provided, however, t h a t no t h ing here in conta ined shall pre judice or affect any r i gh t s accrued, act ion or proceedings t a k e n against , or liabilities, obligat ions, penalt ies, or forfeitures incur red by t h e said promoters before t h e complet ion of t he said ass ignment , transfer, conveyance, and release, and for w h i c h the saidassignees shall be as fully liable as the Promote rs would have been if no such ass ignment , t ransfer , conveyance, and release had been executed.

74.    U p o n the appl icat ion of t he P romote r s the Governor may , by

proclamat ion, declare t h a t t he provisions of th is A c t shall be ex tended to lands o ther t h a n those wi th in t he i r r igat ion area, a n d the reupon such lands which shal l in such proc lamat ion be described shall be included wi th in t h e provisions of th i s Act , t h e same as if such lands had been included in t he provisions of th i s A c t originally.

75. This A c t shall become n u l l a n d void unless works to t h e

va lue of t w e n t y thousand pounds be carried out wi th in two years after

t h e pass ing	thereof.
76. I n t he event of a n y infraction by the P romote r s of t he proviso in subsect ion (IV) of	section five in respect of t h e q u a n t i t y of

water to be t aken , they shal l be liable to a pena l ty not exceeding one
h u n d r e d pounds per day for each and every such offence, and in case

of a second l ike offence it shal l be lawful for t h e Governor to forfeit

all r igh t s of t he Promote rs or the i r assigns unde r th i s Act .

F I R S T S C H E D U L E .

Irrigation area, about 1 8 , 6 1 0 acres, county of Cumberland.

T h e p o r t i o n of t h e Y o r k ' s E s t a t e , p a r i s h e s M u l g o a a n d C l a r e m o n t , t h e p r o p e r t y of t h e

M e t r o p o l i t a n M u t u a l P e r m a n e n t B u i l d i n g a n d I n v e s t m e n t A s s o c i a t i o n , L i m i t e d ,

5 5 M a r k e t - s t r e e t , S y d n e y . A b o u t 7 , 0 0 0 a c r e s , m o r e o r l e s s .

T h e p o r t i o n s of t h e L i t t l e f i e l d ' s E s t a t e , p a r i s h of M u l g o a , t h e p r o p e r t y of A . W. S t e p h e n ,

2 8 C a s t l e r e a g h - s t r e e t , S y d n e y . A b o u t 7 0 0 a c r e s .

P o r t i o n of t h e W i n b o u r n E s t a t e , p a r i s h of M u l g o a , a b u t t i n g o n t o t h e N e p e a n R ivc r ,

a n d l y i n g t o t h e s o u t h , e a s t , a n d n o r t h of t h e W i n b o u r n H o m e s t e a d , t h e p r o p e r t y

of t h e H o n o r a b l e G-. H . C o x , W i n b o u r n e , M u l g o a . 1 ,000 a c r e s .

T h e F e r n H i l l E s t a t e , p a r i s h of M u l g o a , t h e p r o p e r t y of E d w a r d S t a n d i s h C o x , E s q u i r e ,

of F e r n s i d e , R y l s t o n e . A b o u t 9 5 0 a c r e s .

J a m i e s o n , l a n d c o m p r i s i n g B r a b y n ' s 5 0 0 a c r e a n d J o h n J a m i e s o n ' s 4 6 0 a c r e g r a n t s ,

p a r i s h of M u l g o a , t h e p r o p e r t y of T. J a m i e s o n , C l a r e n c e R i v e r . A b o u t 9 6 0 a c r e s .

T o t t e n h a m

T o t t e n h a m E s t a t e , p a r i s h of C l a r e m o n t , t h e p r o p e r t y of S i r D . C o o p e r , E n g l a n d .

A b o u t 4 , 0 0 0 a c r e s .

P o r t i o n s of J o h n O x l e y ' s 6OO a c r e , P. P. K i n g ' s G50 a c r e , M a r i a K i n g ' s 2 8 0 a c r e , a n d

A . J . K i n g ' s 7 9 0 a c r e g r a n t s , t h e p r o p e r t y of t h e H o n o r a b l e P. G . K i n g , B a n k s i a ,

D o u b l e B a y . A b o u t 2 , 0 0 0 a c r e s .

B l a x l a n d ' s G r a n t , p a r i s h of C l a r e m o n t , t h e p r o p e r t y of E . W . W e n t w o r t h . A b o u t

2 , 0 0 0 a c r e s .

F i t z g e r a l d ' s E s t a t e , p a r i s h e s C l a r e m o n t a n d M e l v i l l e , t h e p r o p e r t y of F i t z g e r a l d ' s E s t a t e .

A b o u t 1 ,200 a c r e s .

S E C O N D S C H E D U L E .

Notice of Claim and Abstract.

T o t h e P r o m o t e r s of t h e M u l g o a I r r i g a t i o n S c h e m e .

IN

p u r s u a n c e of

t h e

" M u l g o a I r r i g a t i o n A c t "

I

(or

we)

h e r e b y

g i v e

y o u

n o t i c e

t h a t

I

(or

we)

c l a i m

c o m p e n s a t i o n

f o r

h i n d

h e r e u n d e r

d e s c r i b e d

w h i c h

h a s

b e e n

r e s u m e d

u n d e r

t h e s a i d A c t . T h e a m o u n t of s u c h c l a i m a n d o t h e r t h e p a r t i c u l a r s r e q u i r e d b y t h e s a i d

A c t a r e s t a t e d i n t h e s u b j o i n e d a b s t r a c t .

Abstract.

Names of persons

Names and Particulars of

Quit rents pay­ Names of occupiers, Dates and having the custody

descriptions of claim, specifying

Situation able if leasehold, distinguishing other short of documents, ami

part ies chummy;, and separately the

and name of land­ whether tenants-at- particulars place or places where

nature of their amount claimed

description lord, term of will or under lease, of docu­ the same may he in­

interests, whether for value of

of property. lease, and rent rent reserved, ments of spected, and name of

tenants for life, in property, and for

reserved. terms, Ac. title. claimant's

tail, or otherwise. compensation. solicitor or agent.

(Signature)
(Address)

(Date)

T H I R D S C H E D U L E .

Notice of Valuation.

T o A . B . , c l a i m a n t i n r e s p e c t of t h e l a n d h e r e u n d e r d e s c r i b e d , r e s u m e d u n d e r t h e

" M u l g o a I r r i g a t i o n A c t . "

TAKE n o t i c e t h a t t h e l a n d h e r e u n d e r d e s c r i b e d , b e i n g t h a t i n r e s p e c t of t h e r e s u m p t i o n

w h e r e o f u n d e r t h e a u t h o r i t y of t h e a f o r e s a i d A c t y o u r c l a i m f o r c o m p e n s a t i o n h a s b e e n

l o d g e d , h a s b e e n v a l u e d a t t h e s u m of £

A.	B.,
P r o m o t e r s , &c.

Description of land in respect of which claim has been made.

All t h a t p i e c e o r p a r c e l of l a n d , &c, &c . , & c .

A n