Reserves Act 1903 (WA)

WESTERN AUSTRALIA.

ANNO TERTIO

EDWA RIM SEPTIMI REGIS,

XXVIII.

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No, 13 of 1904.

AN ACT to enable the purpose of Permanent Reserve No. 1667A4', and portions of Per- manent Reserves No. 4228AA and No. 4991A A , to be changed.

[Assented to 16th Jammu, 1904.]

lative Assembly of Western Australia, in this present Parliament the advice and consent of the Legislative Council and Legis- assembled, and by the authority of the same, as follows:—	BE it enacted by the King's Most Excellent Majesty, by and with
Melville Lots 1. 2, 3, 4, 5, 6, 44, 45, and 46, containing twelve of reserve 1667AA. 1. PERMAN ENT reserve numbered 1667AA, known as Change of purpose
acres three roods and five perches, and now dedicated to the purpose of recreation, is dedicated to the purpose of an Old Men's Depot site, and the area is amended by adding thereto Melville Lot 114, comprising one acre and thirty-four perches.

2.      THE South-Western portion of permanent reserve numbered Change of purpose

4 226.A.A, known as Swan Location 2032, containing One acre of portion of reserve	4228AA.
one rood and thirty-three perches, and now dedicated to' the purpose of recreation, i.s excised froni the said reserve and dedicated to the purpose of water supply,

1904, No. la] Change of Purpose of Reserves. [3 EDW. VII.

Change of purpose

of portion of reserve 3. PORTION of permanent reserve numbered 4991AA, known

4991AA.	as portion of Bunbury Town Lot 352, containing one acre and
twenty-six perches, and now dedicated to the purpose of park lands, is excised from the said reserve and dedicated to the purpose of a show ground.

By Authority : WM. ALFRED WATSON, Government Pr nter, Perth

The Metropolitan, Water and Seiveraee Act, 1904

(No. 14 of 1904).

ARRANGEMENT.

PART I.-PRELIM/NARY, PART V.-THE CONSTRUCTION AND MAIN-

See. TENANCE OF WORKS.

1. Short title and commencement.	Sec.
2. Division.	37. Works may be constructed by Minister.
3. Repeal.	38. Board to be advised of the Minister's

4. Interpretation. intention to construct works.

5. (1.) Metropolitan Water Works Board 39. Works to be transferred to Board on

to cease to exist. payment of cost.

(2.) Existing Waterworks vested in 40. Board may construct works.

Board. 41. Preliminaries to construction. 42. Plans, etc., open to inspection. 43. Minister may cause plans, etc., to be

PART IL-THE AREA AND DISTRICTS. examined.

6. Constitution of Area.	44. Objections.
7. Power to alter boundaries and define	45. Governor may authorise construction

districts. of works.

46. Powers of Board.

47. Notices to be served on local au-

PART III.-ADMINISTRATION. thority before breaking up streets.

48. Street not to be broken up except

1. The Board. under superintendence of local au-

8. The Board. thority.

9. Incorporation. 49. Streets broken up to be reinstated

10. Seal. without delay.

11. Chairman. 50. Local authorities to give particulars

12. Acting chairman. as to levels.

13. Term of office. 51. Gas pipes to be altered when neces-

14, Remuneration of members. sary.

15. Salary of chairman.	52. Altering sewers.
16. Removal from office.	53. Board to keep sewers cleansed.
17. Deputy members of Board.	54. As to ventilators, etc.
18. Extraordinary vacancies.	55. Maps of water and sewerage districts.
19.Acts of Board not invalidated by

vacancies. PART W.-WATER SUPPLY.

20. Quorum.

21. Procedure on difference of opinion.

1. The Supply and Distribution of Water.

22. Method of entering into contracts.

56. Supply to rated land.

23. Minutes of proceedings.

57. Request for supply to rated land.

24. Annual report.

58. Supply to land not rated.

59. The Board may supply meter and

2. Officers of the Board. charge by measure.

60. Record of meter to be prima facie

25. Appointment of officers and servants. evidence of water supplied.

26. Certain officers to give security. 61.Water may be cut off from un-

27. Chairman may suspend officers. occupied premises.

28. Officers exacting or accepting fees. 62. Provision for supplying groups of

29. Officers failing to render accounts or houses.

to pay balance and deliver up pro-	63. Supply to persons outside Area.
perty of Board.	64. Fire plugs.

30. Proceedings after officer has ceased to 65. Repair of fire plugs.

hold office.	66. Supply of water not compulsory.
PART IV.-WATER RESERVES.	2. The Protection of Works and Preven-

tion of Waste.

31. Water reserves may be placed under

control of Board. 67. Duty to keep fittings in repair.

32. Power to divert, intercept, and store 68. Fittings not to be connected or discon-

water. nected without notice.

33. (I.) Power to take land. 69. Power to enter and examine whether

(2.) Compensation. water is wasted, etc.

34. Penalty for diverting water.	70. Protection of fittings.
35. Board may exercise powers of Local	71. Power to enter on land and fix fit-

Board of Health. tings.

36. Artesian bores not to be sunk without 72. Penalty for using unauthorised fit-

approval of Governor. tings.

Metropolitan Water and Sewerage.

See. 4. Payment of Rates and for Water.

73. Penalty for not repairing fittings.	Sec.
74. Penalty for destroying valves, etc.	116. Rates, when payable.
75. Penalty for taking, etc., water in con-	117. Payment for water suppliedby measure.

travention of this Act. 118. Payment by measure when land rated.

76. Fraudulent taking of water.	119. Supply to local authorities.
77. Other consequences of contravening	120. Recovery of rates by distress.

this Act or the by-laws. 121. Bailiff may sell by auction without

license,

PART VII.-DRAINAGE. 122. Recovery by action or complaint.

78. Owners and occupiers to make drains 123. In action against owner, proof of

to public sewers. demand on occupier not necessary.

79. Board may make drains and attach 124. Persons liable may be resorted to in

ventilators in default of compliance succession.

with orders. 125. Rate books to be evidence.

80. Cost of drains, by whom payable. 126. (1.) Recovery of rates paid by owner

81. Persons liable for payment for com- from occupier.

pulsory drainage may agree to pay (2.) Recovery of rates paid by occupier

by deferred payments. from owner.

82. No private drain or sewer to be made 127. Apportionment of rates between suc-

without notice. cessive owners or occupiers.

83. Drains to be cleansed. 128. Premises may be sold for arrears of

84. Notice to be given to the Board before rates, etc., remaining unpaid for

commencing or continuing sanitary twelve months.

work, 129. Person ordered to sell need not have

85. Inspection by Minister.	auctioneer's license.
86. Penalties on persons encroaching on

sewers.

87. Inspection of communicating drains. PART IX.-FINANCE.

88. Penalty for giving use of drain without 130. Transfer of liabilities of Metropolitan

permission. Waterworks Board.

89. Penalty for destroying sewers and fit- 131. Outstanding debts for other works.

tings. 132. Revenue, how applied.

90. Where separate properties are drained

133. Power to borrow money.

by a common drain, each to be liable. 91. Agreement with Board.

134. Money to be borrowed on debentures.

135. Provisions relating to debentures.

130. Sinking fund to be created.

PART VIII.-RATEs AND SALE OF WATER.

137. Investment of sinking fund.

1. Rate Books. 138. Accumulated sinking fund to be ap-

92. Rate books. plied in payment of loan.

93. Valuation.	139. Register of debentures.
94. Assessment on unimproved values.	140. Copies to be supplied.
95. Rate book to be open to inspection.	141. Notice of trust not receivable.
96. Board may inspect rate books of local	112. Owners of securities not responsible

authorities. for application of moneys.

97. Access to be given. 143. Receiver may be appointed in certain

98. Penalty for not permitting inspection. cases.

99. ( I.) Clerks of local authorities to sup- 144. Receiver an officer of Court, etc.

ply copy of rate book. 145. Application of assets by receiver.

(2.) Board to pay for copy rate book. 146. Board may obtain bank overdraft.

100. Clerk to notify amendments.

101. Rateable value.	PART X.-ACCOUNTS AND AUDIT.
102. Rate book may be amended.
103. Notice of amendment to be given.	1. Books of Account and Inspection.

104. Board may use previous year's rate 147. Books of account and inspection by

book. persons interested.

2. Appeals. 148. Yearly balance and audit.

105. Grounds of appeal against assessment. 149. Examination and settlement of ac-

106. Appeals, bow made. counts by Board.

107. Appeals to the Board. 150. Certified statement of receipts and

108. Appeals to the Local Court from expenditure to be published.

decisions of the Board. 2. Special Audit.

109. Hearing of appeals.

151. Audit by authority of Governor.

3. The making of Rates. 152. Report of special auditors.

110. Land subject to water rates.	153. Special auditors to hear explanations.
111. Land subject to sewerage rates.	154. Proceedings on confirmation of cer-

112. Amount of rate. tificate.

113. Manner of making rate.	155. Costs of special audit.
114. Rate for unexpired portion of year

in Case of new main or sewer. 3. Powers of Special Auditors.

115. Gazette evidence of striking of rate. 156. General powers of special auditors.

Metropolitan Water and Sewerage.

4. Examination by Auditor General. PART XI i.-GENERAL PROVISIONS.

See.

157. Auditor General may examine books See.

annually.	161. Notices.
162. (r.) Notices and demands, how served. (2.) When deemed to have been given.

PART XI.-BY-LAWS. (3.) When name of owner or occupier

158. Board may make By-laws. unknown.

(1.) Regulating business. (4.) Services on corporations.

(2.) Water reserves. 163. Notices binding on persons claiming

(3.) Regulating bores. under owner or occupier.

(4.) Managing works. 164. Notices may be authenticated by sig-

(5.) Preventing waste, etc. nature of chairman without seal.

(6.) Construction and use of works.	165. Service on Board.
(7.) Protecting water and works.	166. Saving of civil remedy.
(8.) The use of pipes, drains, etc.	167. Recovery of value of water misused,

(p.) Ventilators. etc.

(to.) Disinfection. 168. Obstructing Board or officers in per-

.) Fees for tapping mains or con- formance of duty.

necting with sewers. 169. Penalty for refusing to give up pos-

(x2.) Rates. session of works.

(x3.) Quantity of water.	170. Offenders may be arrested.
(14.) Domestic purposes.	171. Summary proceedings for offences and

(i5.) Scale of charges for water sup- recovery of penalties.

plied by measure. 172. Application of penalties.

( x6.) Specifying purposes. 173. Board may be represented by secretary

(17.) Prescribing quantity for specified or other officer.

purposes. 174. Actions against the Board or officers.

(08.) Fixing levels of water. 175. Books of land titles and other offices

(19.) Repair of fittings. may be searched without fee.

(2o.) Prohibiting alteration of fittings.	176. Property of Board not to be taxed.
(21.) Enabling Board to repair fittings	177. Proof of ownership or occupancy.

at cost of consumer. 178. Minister may exercise powers of

(22.) Arrangements of fittings. Board until transfer of works.

(23.) Inspection. 179. Provisions 64 Viet., No. 8, relating to

(24.) Licensing plumbers.

water and sewerage not to apply to

(25.) Fees.

area.

(26.) Forms.

(27.) Generally.

159. Penalties for breach of by-laws.

loa By-laws to he approved by the Go-

vernor and published in Government

Gazette. SCHEDULES.