Parramatta Sewerage and Drainage Act 1905 (NSW)

Act No. 23, 1905.

Parramatta Sciccrage and Drainage.

Act No. 23, 1905.

P a u u a m a t t a

An Act to sanction tiic constniction of certain sewerage works ; to ])rovid(' for tlie tfiking* over by the council of tlie ])oroug‘li of Parra­ m atta of the said works, and of otlier works of drainage, and fortlie ])aynient of in terest and expenditnia' in res])ect of the same ; to a])]dy certain ])rovisions of the ( i)nntry d'owns W ater and Sewerage Act of 18S0 and Acts amending tlie same to such w orks; to pro- rdde for drainage and sewerage rates, and for drainage and sewerage districts ; to exenpit such works from the operation of the jVIetro- })olitan Wat(‘r and ScAverage Act of 1880 ami Acts am ending the same ; and for ])iir])oses consc(pient thereon or incidental thereto.

S k w k h a c k and

D r a i n a g e .

[ S f h Aomidicr, 1905,]

Preamble,	TTLIIEPCEAS.	in accordanci' Avitli tlio provi.sions of tlic riiblic
VV

AÂ orks Act, liHJi), the Legislative Assembly did, by i’(>soIiit io!!, declare that it Avas e.xpedicut to carry out a cerlaiii work, iiaiiudy, iiie constniction of serverage works for tlic torvn of Parinmalta : And wlicreas on the p.assing of tlie said resolution a statutory duty was by the said Act imjiosed on the Secretary for Public AA'orks to introduci'a ]?ill into the said Assembly to sanction the carrying out of the said work; And Avliereas it is exjicdicnt to make other })roAusions with respect to certain works of drainage for tlu' said town: Be it therefore enacted by tlie King’s Alost Lxcidlent Alajesty, by and with the advice and consent of the .Legislative Council and Legislative Assembly of Xerv South Wales in Parliament assembled, and by the autliority of the same, as folloAvs :— AVorks i'

Prelimiiuii'y.

Sliorl title. 1. This Act may be cited as tin' “ Parramatta Si'werage and

Drainage Act, 190.i.” In its constniction, “ Princi^rd Act,” ini'ans Country Towns AAbiti'r and Sewerage Act of 1880, and “ Alinister ” means Secretary for Public AVorks.

Work

Act No. 28, 1905. 79

Parramatta Sewerage and Drainage.

lf~orl' ill Scir'dtile One sancHoned.

2. Th(' caiTvinL;’ out of the said ivoi'k of sewerau'e (more Woi-k .-iiuuiiom'd.

particularly dcscvilx'd iii Schedule Oik;) is herelty sanctioned; and the 'Minister, or the Mtanher of tlu' E.vecutive Council tor the time being' performing the duti('S of tlu ̂31 inister, is hereby ant hoi'ised l:o underlake and carry out the said work, subject to the ])rovisions of tliis Act, and for that ])ur[)Ose shall be, and shall have tlie ])ow('r.s and duties of, a Constructing Authority within tlu' meaning of the Ihihlic AVorks .Vet, 1900, and shall have the powe.rs conferred on the Minister l)y the fh'incipal Act, and any .Vets amending tlu' same.

3. The plan of the said woi'k is the ])lan marked “ Parramatta J'lui or work.

Si'Wcrage,” signed hy the Minister and countersigned by tlu; Princijral ndngineer for Jlivers, AVater Siip])ly, and Drainage, and dr'posited in the public olfice of the Afinistei'.

4. The cost of carrying out the said work may be dei'raved'eost, how to be

from such loan votes as are now or may hert'after be applicahle to tliat '	'
])iirr)os('. Such cost, together with the cost of tlie works described in Schedule 'J'wo, is estimated at sixdy-six thousand one hniulred and t wenty-three pounds, and shall not undei' miy circumstances exceed such estimated cost by more than ten per centum.

Work taken ocer hg council.

5. (1) AA’hen the work described in Scheduh; One, or any part Takinj: over of work

thereof is comjileted, or is, in the opinion of the Minister, so pj]. >	'>	ouo.
constructed as to be of use to the council of the horoughof Pari'amafta, he may report that fact to the (iovernoi'. The Governor shall notify sucli fact in the Gazette, ami thereupon the said council shall take over tlie work or the saiil ]>ait and the administrat ii.m and management thereof. The said coemcil siuill thereujHm Inivi; all the powers and obligations conferred and im])osed on a council by this Act or the Principal Act or any Act amending the same, d'lu' Governor shall ])roclaim the boundaries of a sewci'agi; district foi' the work or part, so taken over, and may by proclamation alter any siudi boundaries.

(2) Any sewerage rate imposi'd on laud may, notwithsltinding

the provisions of the .Principal Act, be any amount not exceeding ten ])er centum of the assessed value of the land, and shall bo in addition to any drainage ratr; inpiosed thereon under this Act.

(3) The 3Iinister shall certify the amount actually exjiended in such construction up to the day of the notilicalion hy the Governor as aforesaid, together rvitli interest at the rate of four pm’ cmitiim ])(;r annum on tlu; sums makdng up such amount, calculated from the time such sums Avere exjiended. Interest from the said day at the rate of four ])or centum per annum on the amount so certified shall annually he paid by the council to the Colonial Treasurer, and shall he carried

to tlu; Consolidated I’cvenuo Fund. ( t)

80   Act No. 23, 1905.

Parramotla Seirerage and Drainage.

(4) Like action may lx; taken at any time, and tlu' a1)ov(!

])rovisions ot this section shall apply wln'n the Avork or any part tliia'eoi

has heen t'urtlu'r constructed and heforo comphdion.

IVorks in Schedule Two.

AVorks in ^cliedule 6. (1) Tlu' Avork of draina^-e d('scrihed in Schedule Tavo,

Two.	together Avith any lands and buildings used in connection thercAAitli, shall, on a day to h(' notilied hy the GoA’ernor in the Gazette, h(> taken OAX'r hy and A'csted in the council of the horoAigh of Parramatta and administered and managed hy the said council.
(2) The Minister shall certify the amount actually expended on the AA'Ork Aip to the said day, togedher AA'ith interest at the rate of four })cr centum per annum on tlu' sums making up such amount, calculated froui the time such sums AA'en' ('xpended. Int('rest from the said day at tlu' rate of four ]>er ceiAtum per annum on the amount so certified shall l>e paid hy the council to the Colonial Tnuisuia'i’, and shall be carric'd to tl.e Consolidated lleA cnue Pund.
drainnj^c aivus.

Tlu* fixinj; t)f 7. A drainage area in respect of the said AAork may he determined

in the folloAA'ing jnaum'r—

(a)	the council may, by resolution, (hdine the houndarii's of sucli area;
(h)	on such resolution being passed, the council shall caus(! notices of the same to he published in the Gazette, and tAviee in some noAAspajK'r or noAAspapei's circulating in the borough, stating that an appi'al against such delinition of the boundaries may he made under this Act A\ ithin thirty days fi'om the date of the last of such publications;
(c)	AA'ithin such thirty days any person interestc'd )uay ajipeal against such (hdinition of boundaries to a sti])endiary or ])olice magistrate, appointed by the GoA'crnor in that behalf, and sitting in the toAAir of Parramatta in open court;
(d)	such magistrate shall lu'ar such appeal, and for that purpose; shall haA'c the poAvers of a court of petty sessions, and may make such alterations in th.e boundaries of the area as In; may think just, liaAing rc'gai'd to tlu; benefit deriA'cd or to be deriA'ed by the OA\ners or occupiers of land from the construction and use of the said AA'ork of drainage;
(e)	the boundaries as defined by siudi council, Avith sucli alterations as may be made therein on appeal as aforesaid, shall be the boundaries of such area for the purposes of this Act.

l^y-laws imposing 8 . (1) On tlie boundai'ies of the drainage area being so

drainage rate.	determined, the said council may mak(‘ hy-hiA\ s under and subject to
the proAUsions ol' tlu> Principal Act—

(a) pi’escrihing the nudhod of A'aluing land Avithin the boundaries

of such drainage area; but the \aliiation of any laud shall

not

Act No. 23, 1905.

Vurrumatla Setoerage and Drainage.

not exceed in any year the A'aluation of such land durini^ the same or the next prettedin^ year under the Municipalith's

Act, 1897; '

(h)	prescril)in^ the di‘ainai>’c rate to he paid in resjiect of any sucli land according to the henelit which, in the opinion of the council accrues to the land from the construction of the work ; but no such rate shall exceed the amount of live per centum per annum of tlie valuation of tlie land; Provided that a minimum rati' of one shilling may he imposed by by-law ;
(c)	for carrying into effect tlie provisions of this Act relating to such work, and any valuations and rates in respect of tlu' same.

(2) Section fourteen of the Principal Act shall ajiply in inrorporiiiionofs. n

respect of by-laws made under this section.

9. The said conncil may im îosc any drainage rates prescribed imposition mid

as aforesaid, and may recover them from the owners or occupiers of the lands in respect of which they are payable, and shall for that ])urpose have the powers granted to a council in respect of sewerage rates by the Principal Act and any Act amending the same.

Gomplelion of works in Schedules One and Two.

10. When the works of si'wcragi' and drainage described in inteiesuo cease on

Schedules One and Two have been finally completed and taken over by the said conncil as liori'inafter in this Act jn'ovided, and the cost of the AVorks and the inti'rcst thereon have heen certified under the Principal Act and any Acts amending the saint' and this Act, all payments of intt'rost nndt'r the preceding sections of this Act shall cease.

11. Upon the completion of the said ivorks the Constructing Works to be handed

Authority shall report that fact to the Governor, and the Governor shall

notify such completion in the Gazette, and thereupon the council of the to the country

borough of Parramatta shall finally take over the said works and the

administration and management thereof upon the terms and conditions

prescribed in section one hundred and twenty-fivo of the Principal Act,

as amended by the Act fifty-scA"cnth Victoria number nineteen :

Provided that—

(a) the compulations of intcrc.st under section two of the Act fifty-s('vcnth ’̂ictori:l numher nineteen shall be madi' on the basis of four per centum ]>cr annum instead of thn'c and a half pc'i’ centum ])cr annum, as in that section provided. In applying the said s('ction the words “ four per centum ” shall bo read for tin' words three and a half per centum ” wherever occurring in that scctioii; ajid

n ̂ . (If,

82  Act No. 23, 1905.

Parramatta Sewerage and Drauiage.

(b) in computing the amount of interest as aforesaid credit shall he given for any payments of interest under this Act in respect of a uork taken ov(>r hy the council hefor(' comph't ion.

Deferred payment)^ for sewerage eonnect'wns.

Persons Ua])le to 12. (1) AVhere under tin' Principal Act or this Act tlû ownc'r or

make conneetions

ma_v Jipply to have	occupier of any land is liable or has heen re(|uir('d l)v tin' conncil to
work (lone on	construct any uorks of sewerau’c. such owner oi' occupier may make
deferr('(l payments.	application in Avriting to the council for siudi works to he carried out under the direction of the council on a system ol' deferri'd payment. Thereupon it shall he lawful foi‘ the council to (niter into an agreement witli the applicant for the carrying out of siudi Avorks under the direction of the council at a ]iric(' or sum and upon terms agreed upon, and for tlu' jiaymcnt of siudi jndee or sum hy the applicant in not more than twidve (piarterly instalments from tlie completion of the Avorks. Interest at the rat(‘ of ihe pi-r centum per annum on tlie amount remaining to hi' paid shall he added to I'acli instalment. Such payments shall hi' charged upon the land in respect of which such
Avorks have heen carried out.

(2) Upon the cxeculion hy tlie a])])licant of such agreement,

the council shall cause the Avorks aforesaid to he carrii'd out, and forthwith upon completion shall give notice in Avriting to 1 he ajiplicant of such completion, and of the days on Avhicli the ipiarterly inslalnieuts of payment Avill fall due.

(3) "Where the price or sum agreed upon between the couneil and any ajiplicant under this section exceeds iiftecii pounds, the Colonial Treasurer may, on the application of the council, advance the amount of such price or sum to the council from the Consolidated llevenue Fund.

Such amount shall he ri'iiaid hy the council at any time or times, and hy any instalments agreed upon hi'lween the council and the said Treasurer, Avitli interest at the rate of hve per cenlum jier annum from the date of the advance, hut so that the amount of the advance, Avith interest as aforesaid, shall he repaid Avithiii tiiree years from the completion of the AVorks.

AjgiUeation o f Pr'nicipal Jet.

A])plieati()?i of	13. The provisions of tlu- I’rincipal Actand any Ads amending the same shall, subject to the provisions of section fourteen of this Act, apply to and in res])ect of the Avorks descrihed in Schedules One and Two.
Principal Act.
having clause.	14. Notwithstanding anvthing contained in the Principal Oct, and any Acts ami'iiding the same, nothing in the said Acts contained shall he construed to affect the rights of existing mortgagees or dehenture holders or their assigns Avith respect to any revenues of the

borough

xVct No. 23, 1905. 83

Farramatta Sewerage and Drauiage.

borou”'li of PaiTamatta, other tlian the revenues to he derived from sewerage or drainage rates or otherwise in respect of the works descrihed in the Schedules to this Act.

Metropolitan Act not to apply.

15. Tlie provisions of the iMetropolitan Water and Sc'wenige Act of 1S80 and any Acts amending tlie same sliall not apply to or in .ua nut

“I’l’'.''

respect of tlie works descrihed in Schedules One and Two.

SCHEDULES.

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

ticicrragc vorhti, I ’arntma/fa, in the parishes o f Saint .John and Field o f Mars, conntij

o f (iinnhe.rland.

1. Till' cimstniction of twoii tv mill's tuvonty uliains, more or loss, of miiiii iuiil ri 'liculalinu- sowers, \ a i ’vin<; in sizi' fi'om six- iticiios to eighteen inches in (liametc'r, togethi 'r -with manholes, jnn i t ions , giillii's, uen ti la t ing shafts and pipe.s, penstocks, interceiit ing and Hushing chamliers, and all works incidental there to and necessary for till' j)ro)ier completion thei'cof.

2. 'Tlu' consti-nction of punniing station, septic tatiks, and filti'rs for the

bacteriological tr i 'a tmi'iit of si'wagi', at th e junct ion of Clay Clift’ Cri'ck with tlu'

I ’a r ra u ia t ta I’ iti 'r.

The works abo\-c di'scrihcd ari ' suliji'cl, to such deviations and modilications, omissions, or I 'xtcnsions as may hcrcafti 'i' bi' deemed necessary.

S C H E D T H .E H'WO.

Fxistiiii/ drniiiaijt; irorks, Farramatta, in the juirishes of St. ,Tohn and Field o f Mars,

count!/ o f Cumherland.

1. Clay Cliff Creek Stoi 'inwater Channel. Commencing a t a point in Clay Cliff

Creek abou t seven chains west of Clill'-sti-eet : llii'iicc in a wi'sterly and south-westerly diri 'ction to Sydney-road, consisting of th ir teen and a half chains of open cu t t in g n ine fci't two inches on bottom and forty-si '\en chains eiglit\'-fl\e links of conci'i'te channel uaryiiig from thirti' i' ii fei't nini' inches by li \i ' feet: six inebes to t w e h e feet four inclii's by si.x fei't six inches, together with a branch along 1 larris-street to P a i 'ran ia t ta l i ixer , consisting of sixteen chains eleven links of three feet circulai ' M onier pipes, being tbe «'hole of till' works comprised in Sewerage Contrac ts numbered 70, 110, and -111.

Ericklield ( 'reek Stoi 'inwater (TaTinek- -Commencing a t the junct ion of

Erickfield Ci'cek and E arra i i ia t ta l>i\er : thence in a n o rtherly direction to Crose-sti'ci't, consisting of n ine chains of open cu t t in g Hfteen feet e ight inches by six feet, two chains of open cu t t in g v, ith concrete sides tifieen feet eight inches by six feet, and tw enty-tw o chains of concrete channel \a rv in g from fifteen feet eight inches by six feet to nine feet by t i \e feet ; together with a branch to ( ‘liiirch-street, consisting of ten and tl irce-i|uart( 'r chains of twenty-four inch circu’ai' [lijie, anil a branch to (1 rose-street, consisting of tbri'e and a half chains of conoi'cte channel t i \e feet ten inches liy th ree feet six inches, being the whole of the woi'k comjiriseil in Sewerage Contrac ts num bered S7, S7.v, and S7i!.

Act