Port Augusta Waterworks Act 1862 (SA)

ANNO VICESIMO QUINTO ET VICESIMO SEXTO

No, 25.

An Act to provide for the supply of Fresh Water to Port Augusta.

[Assented to, 21st Cctober, 1862.1

EIEREAS It is expedient to provide for the supply of fresh Preamble.

water to Port Augusta-Ek it therefore Enacted, by the

Governor-in-Chief of the Province o f South Australia, with

the advice and consent of the Legislative Council and House of

Assembly of the said Province, in this present Parliament assembled, as follows:

1. I t shall be lawful for the Treasurer, for the time being, of the Trewurer to raiae

said Province, from time to time to issue bonds, not exceeding in ~20,000.

the whole the sum of Twenty Thousand Pounds, for such amounts

as he may deem expedient, and such bonds shall be in the form

following, that is to say-

NO, £! NO. Form of bond.

South Australian Government Revenue Securities.

(Waterworks)

I, thc Treasurer of the Province of South Australia,

in consideration of the sum of Pounds, paid to mc for the purposes of the Port Augusta Waterworks, do hereby bind myself to pay to the holder, for the Umc being, of this present obligation, the sum of Y ounds, and interest thereon after the rate of six per cent. per annum; such interest to be payable on the first day of January and

2~ the

the first day of July in every year, and the principal to be paid on the first day of, in the year one thousand eight hundred and

Sealed with my seal. Dated the day of

one thousand eight hundred and

Signed, sealed, and delivered, in

the presence of

No~~.-In~terest and principal, payable at the Treasury, in

Adelaide, South Australia, or [in London or in any other agreed place, to be declared at the time ofissue] at such place as may be appointed, by notice to be given in the rSouth Australian Government Gazette [and in the London Gazette].

And every holder o f any such bond, for the time being, shall be entitled to all rights and remedies, under and in respect of the same, in the like manner as though he had bcen named therein as the obligee thcreof.

Bonds to bear interest

at six per cent.

2, The said bonds shall bear interest at the ratc of Six Pounds per centum per annuzn; and the intcrest and principal upon such bonds shall be payable and paid to the holder thereof, at such place and at swh time as may be specificd or provided therein: Psovidcd that the principal. shall not be payable or paid before the expiration

When payablo.

of twcnty years, and thc time appointed for payment thereof shall

not extend beyond forty-five years.

Moneys raised by

3. All sums of money raised and received by the Treasurer upon the security of the said bonds, shall be carried by the mid Treasurer to the credit of the Commissioner of Public Works, for the purposes of this Act, and shall be by him paid to the said Commissioner, in such amount and manner as thc Governor, by any warrant under his hand may, from time to time, authorize and hircct.

how

sum to be apart

annually for payment 4. I t shall be lawful for the said Treasurer, and he is hereby re-

of	and	quired, in each and wery year from the first raising of any sums of
interest.	money under the authority hereof, until the whole amounts so raised, and all intcrcst thcrcon,. shall have hem duly paid, to set apart such sum as shall suffice to pay the amount of bonds rcdccmable during such year, together with interest upon all bonds which shall then bear interest; and shall apply such sum in payment of such bonds and interest as aforesaid, in manner specified in such bonds.

plans to be prepared,	5, The Commissioner of Public Works shall forthwith cause to bc prepared plans and sections of the necessary works for providing a supply of fresh water, and sluch plans dial1 show all lands which
shall be deemed necessary to be entered upon, used, or taken for

C

the purpose of such worlrs, to be deposited in the office of the

Surveyor-General, at Adelaide.

6, The

6. Copies of the said plans and sections shall be laid before Plang ta be; laid bef&e both Rouses of Par-

both Houses of Parliament as soon as completed; or, if Parliament liament.

be not then sitting, within fourteen days after the then next sitting

thereof for the dispatch of business.

7. The Lands Clauses Consolidation Act shall be incorporated E ~ ~ ~ ~ F ~ $ . ~ ~

with and form part of this Act.

8. It shall be lawful for the Commissioner of Public TVorli;s, as Power to make water- works according to

soon as the said plans and sections shall be deposited in the office of deposited plans.

the said Surveyor-General, to make and maintain the said water-

works in the line and upon the lands delineated in the said plans,

and to enter upon, use, and take such of the lands delineated and

referred to in such plans, as shall be or be deemed necessary for such

purpose.

chased under this Act, or any property whatever vested in him under this A C ~. 9. The said Commissioner. may sell and dispose of any land pur- :,"1;;$,":,"~'~;:5

under this Act, which it may app&r-to him may be properly sold or disposed of, and may transfer or convey the land or other property sold and disposed of unto the purchaser, or as he shall direct; and his receipt shall be a sufficient discharge to the purchaser for the purchase money in such receipt expressed to be received; and the money accruing from the sale of such property shall be applied for the purposes of this Act.

10. Subject to the provisions hereinafter contained, the said Corn- ~~~~~~~~~~

missioner may execute any of the following works for constructing herein name*.,

the waterworks, that is to say:

He may enter upon my lands required for the purposes of this Act, and take levels of the same, and set out such parts thereof as he shall think necessary, and dig and break up

the soil of such lands, and trench and sough the same, and

remove or use a11 earth, stone, minerals, trees, or other

things dug or gotten out of the same:

IIe may, from time to time, sink such wells or shafts, and make, maintain, alter, or discontinue si~.ch reservoir, waterworks, cisterns, tanks, aqueducts, drains, cuts, sluices, pipes, cul- verts, engines, and other works, and erect such buildings, upon the lands authorized to be taken by him, as he shall think proper for providing thc supply of water as aforesaid.

He may from time to time divert and impound the water from the streams or springs mentioned for that purpose in the plans of the said waterworks, and books of reference thereto, deposited in the office of the Surveyor-General, and alter the course of any such streams, and also take such waters as may be found in and under, or on the lands to be taken for constructing the waterworks.

11. In

Oo*i~~ionertomake

compensation for 1 1. In the exercise of the said powers, the said Commissioner

damages.	shall do as little damage as can be, and in all cases where it can be done, shall provide other watering places, drains, and channels, for the use of the land adjoining or near the waterworks, in place of any such as hall be taken away or interrupted by him, and shall make reasonable compensation to all parties interested for any damage actually sustained by them through the exercise of such. powers; and the amount of such compensation shall, if no ngrec- ment shall have becn come to between the said Cornmissioner and the parties interested, be settled in the manner provided for the settlement of disputed claims fbr compensation in the said Lands Clauses Consolidation Act.
ing construction of
Penalts for obstruct-	12. Every person who shall wilfully obstruct any person acting under the authority of the said Commissioner, in setting out the line of the works, or pull up or remove any poles or stakes driven into the ground for thc purpose of setting out the line of such works, or deface or destroy any works made for the same purpose, shall be liable to a pe~al ty not exceeding Five Pounds for every such offence.
W O ~ I ~.
Penalty for iuegalb

diverting the water. X 3, A ftcr the streams or supplies of water hereby authorized to

be taken by the said Commissioner shall have 5een so taken, every person who shall illegally divert or take the waters supplying or flowing into the strcalna so taken, or any part thereof, or who shall do any unlawful act whereby the said streams or supplies of water mav be drawn off or diminished in quantity, and who shall not irnkdia,tely rcpair the injury done by him on being required so to

dd by thc said Commissioner, so as to restore the said waters to the

atatc in which they were bcforc suck act, shall forfeit to the Com- missioner any sum which shall bc awarclcd by two Justices, not exceeding Fivc Pounds for cvcry clay during which the said supply of water shall be diverted or (Xirninished by rcason of airy act done by or by the authority of such pcuson, and any sum so forfeited shall be in addition to the sum which he may be lawfully adjudged liable to pay to @c said Commissioner for any damage which may be sns-

payment of the sum so forf'eitcd shall not bar or afl~ct the right of

tained by rcason of the supply of water being diminished; and the

the said Commissioner to sue such person for the damage so com-

mitted.

Reservation of ex&* 14. Nothing herein contatined s l ~ d prevent the owners and oc-

ing rights. cupiers for the time being of lands through or by which such streams shall flow from using the waters thereof in such irianlzer and to such extent as they may haw done before the co~nmencement hereof, unless they shall haw received compensation in respect of their right of so using such water.

as to the 3.5. The said Com~nissioner shall erect all works which may be

construction of accom-

modation works to be necessary for making good the interruption caused by the excrcise

aettled b ~ J u B t i c e s ~ of the said powers, to the possession or enjoyment of any lands

adjoining or near the waterworks, or otherwise for the accornmo-

dation

dation of such lands; and if any difference shall arise respeoting

the construction of any such accommodation works, or the kind, or size, or sufficiency thereof, or respecting the maintenance thereof, the same shall be determined by two Justices of the Peace.

If Commi~aioner fail

16. If the said Commissioner shall, for fourteen days next after to execute such works

the time appointed by such Justices for the beginning of any such	persona aggrievedmay perform the same, and
accommodation wdrks, fail to begin such works, ou having begun	char e the expense to
such works, fhil diligently to execute the same in a sufficient	the 8omrnissioner.
manner, the person aggrieved by such failure may execute such works; and the reasonible expenses thereof shall, on demand, be repaid by the said Commissioner to the person by mhom the same shall so havc been executed; and if there be any dispute about the amount or nature of such expenses, the same shall be settled by two Justices of the Peace,
Power to break up
17. The said Commissioner, under such superintendence as is hereinafter specified, may open and break up the soil and pavement	streets, &G., under nu-
perintenclence, and t~
of the scvcrd roads, streets, and bridges within the necessary limits,	open draim.
for the purpose of constructing the said works, and of laying down, altering, cleansing, repairing, and removing any sewers, drains, pipes, conduits, service-pipes, and other morlrs and cngines, and remove and use all earth and materials in and under such streets
and bridges, and do all other acts which the said Commissioner
shall from time to time deem necessary for carrying out the woda, doing as little damage, as can be in the execution of the powers hereby granted, and making compensation as hereinbefore provided for any damage which may be done in execution of such powcrs.
Notice t !~ be served on
18. Before the a i d Commissioner opens or breaks up any street or bridge, he shall give to the persons undcr whose control or	personshaving contrd,
&C., before breaking
up m e e t or opening
management the same may be, or to their clerk, surveyor, or other	drams.
officer, notice in writing, of his intention to open or break up the same, not less than three clear days before beginning such work,	except in cases of emergency, arising from defects in any of the	sewers, pipes, or other works, and then as soon as is possible after
the beginning of the work, or the necessity for the same shall havc arisen.
19. No such street or bridge shall. except in the case of such emergency as aforesaid, be op&ed or 'brokk up, except under the	to be broken up except Streets or drains not
under superintendence

superintendence of the persons having the control or management , of pereons having con-

thereof, or of their officer, and aceo;ding to such plan as shall be trol of the same.

approved of by such persons, or their officej; or in case of any difference respecting such plan, then according to such plan as shall

be determined by the Surveyor-General, or other competent officer,

to be appointed by the Governor; and such Surveyor-General or other officer may, on the application of the persons having the control or management of any such street or bridge, or their officer, require the Commissioner to make such temporary or other works as they may think necessary for guarding against any interruption of

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the drainage during the execution of any works which interfere with

J f p e ~ o n ~ ~ h a 9 the any such street or bridge: Provided always, that if the persons

control, &C., fall to

superintend, Commis- having such control or management, as aforesaid, or their officer may pedom

the work without	fail to attend at the time fixed for the opening of any such street,
them.	or bridge, after having had such notice of the intention of the said Commissioner, as gforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the said Commissioner may perform the work specified in such notice without the superintendence of such persons or their officer.
Governor may ad-
vance moneys to be	20. I t shall be lawful for .the Governor, from time to time, by warrant under his hand, to authorize the Trcasurcr to advance and pay to the said Commissioner, for the purposes of this Act, any sums of money not exceeding in the whole the sum of Twenty Thousand Pounds; and any sums of money so advanced and paid shall be retained by the Treasurer out of any moneys authorized to be raised or applied by him under authority hereof.
repaid.

lace

rates.	21. The waterworks by this Act authorized to be constructed, shall be and are hereby declared to be, exempt from sewers, high- way, municipal, police, improvement, and all other local rates and taxes.
short title ot dot.	22. I n citing this ,4ct, iu other Acts and legal instrummts, it shall be sufficient to describe i t as '' The Port Augusta Waterworks Act, 1862."

In Her Majesty's name I as~ent to this Bill.

D. DALY, Governor.

Adelaide : Printed by authority, by W. C._Cox, Government Prhter, Victoria-spuare.