Rights in Water and Water Conservation and Utilization Act of 1910 (1 Geo v No. 25) (Qld)

10152 • TRAFFIC.-WATER SUPPLY. Rights in Water, &c., Act. 1 GEO. V. No. 25, District shall cease to exercise or perform therein any ofthe powers, duties, or authorities, or be subject to. any of the obligations which under this Act the Commissioner is' authorised to exercise or perform or to which he is liable: Provided that all licenses ~ ranted by any such Local Authority or Joint IJocalAuthority shall continue·in force until they expire, unless they are sooner suspended or cancelled under this Act, and all By-laws made by any such Local Authority or Joint Local Authority shall remain in force until the expiration of six months after the con- stitution of such District, unless sooner repealed by the Regulations: and such licenses shall be deemed to be licenses grankd in pursuance of the Regulations, and such By-laws shall be deemed to be Regulations made under this Act. And references in those By-laws to the Local Authority or Joint Local Authority shall be deemed to refer to the Commissioner; and references to inspectors und other officers charged with the control of traffic shall he deemed to refer to police officers. UTILIZATION OF WATER. See ·WATER. WATER SUPPLY. 1. N G o e . o l! . 5 V . . An Act to Declare the Rights in Natural Water and THE RIGHTS the Property in the Bed and Banks containing IN ....VATER AND WATER the same, and to Make Better Provision for CONSERVA- TION AND the Conservation and Utilization of Water UTILIZATION AOT OF 1910. for Industrial Irrigation and other purposes, and for the Construction, Iaintenance, and Management of Works for such purposes. [ASSENTED TO 7TH JANUARY, 1911.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - pi:~~I~~Y. PART I.-PRltlLIMINARY. .Short titl~ , 1. This Act may be cited as " The Rights in Water ~ ~ ~ BLl' UChOn, ancl Water Oonservation and Utilization Act of 1910," oommence- and shall be read as one with" 'l1he Water Authorities ment of Act• . "

1910. WATER SUPPLY. Rights in Water, £cc., Act. ·10153 PART 1.- PRELIMINARY. Act of 1891,"* herein referred to as the Principal Act. This Act shall commence and take effect on and from the first day of March, one thousand nine hundred and eleven. 2. This Act is divided into Parts, as follows :- PART I.-PRELIMINARY; Parts of Aet. PART II.-RIGHTS IN NATURAL WATER; PART IlL-CONSERVATION AND UTILIZATION OF WATER; PART IV.-SPECIkL PROVISIONS RELATING TO ARTESIAN WELLS; PART V.-WATERING PLACES; PART VI.-LOA.NS; PART VII.-GENERAL PROVISIONS. 3. " The Irrigation Act of 1891"t is repealed. Rt'peal of 55 Vie. No. 34. 4. In this Act, unless the context otherwise indicates, Intel'preta· the following terms have tc.e mear~ ings set against them tion. respectively, that is to say,- "Artesian Well" -An artesian. well, together Artesian with all works as hereinafter defined con- well. structed or erected in connection therewith: the term does not include anv well from which the water does not flow n~turally, but has to be raised by pumping or other artificia~ means; "Authorised Officer"-An officer of the Crown or Authorised· aBoard, as the case may be, authorised either officer. generally or for any particular purpose under this Act; "Bank of a Watercourse"-The bank which on Bank of either side limits the main or principal water- wateroourse. course under normal conditions as indicated by the normal water level, or the water mark, or any bed of shingle, sand, or mud, as the case may be ; . "'Crown Land "-Land vested in His Majesty which Crown land. is not for the time being dedicated to any public purpose, or subject to any deed of grant, lease, contract, provision, or engagement made by or on behalf of His Majesty; 55 Vie. No, 11, 8upra, page 4411. . t 55 Vie. ~ o. 34, '"pra, page 4471.

10154 WATER SUPPLY. PART I.- PnELIMINARY. Rights ilL Water, &c., Act.. 1 GEO. V. No. 25, ----------.--- ---_._------------- Lake. "Lake"-A natural collection of water not situated wholly within the boundaries of a parcel of land alienated in fee-simple by the Crown before the commencement of this Act: the term includes a lake, lagoon, swamp, or marsh; l\fortgagee. Regulations. "Mortgagee"-The person who for the time being is the registered mortgagee of land; "Regulations" made under the authority of this Act; Spring. " Spring"-Any spring of water, not being artesian, naturally rising to and flowing over the surface of the land; Stock. "Stock"-Horses, cattle, sheep, and other live stock; ']'tis Act. "This Act"-This Act and all Regulations and Orders in Council made thereunder; Watercourse. "Watercourse"-A river, stream, or creek in which water flows in a natural channel, whether perennially or intermittently; Watcr Supply Area. "Water Supply Area" or "Area"-A Water Supply Area constituted under this Act; Water Supply Board. "Water Supply Board" or "Board"-A Water Supply Board constituted under this Act; Works. "Works"-Works for the conservation, supply, and utilization of water, together with all sources of supply, streams, reservoirs, artesian wells, buildings, machinery, pipes, drains, and other works constructed or erected for the purposes of this Act., and all appurtenances to the same, and all lands reserved, occupied, held, or used in connection with works. P,IRT II.- RIGHTS IN NATURAL 'VATER. PART II.-RIGRTS IN NATURAL WATER. NaturH] 5. The right to the use and flow and to the control winattheer yCcrsot. wn 0 f the water at any tI' me I. D- Ca) Any watercourse; and Cb) Any lake; and (0) Any spring, artesian well, and subterranean source of supply; shall vest in the Crown for all· purposes whatsoever, subject only to the restrictions hereinafter provided and until appropriated under the sanction of this Act or of some existing or future Act. And it is hereby declared de

WATER SUPPLY. 10155 1910. Rights in Water, &c., Act. PART II.- RIGHTS IN 1'IATURAL WATER. that where a watercourse, which is generally adopted as forming a boundary of parcels of land, intersects at any place a parcel of land alienated by the Crown, whether before or after the commencement of this Act, the bed and banks of such watercourse within such last-mentioned parcel. of land shall be deemed to have remainod the property of the Crown, and not to have passed with the land so alienated: Provided that this Act shall not apply 10 the water 'flowing from any spring until it has passed beyond the boundaries of the land helonging to the owner of the land wbereon such spring exists; and it shall also !10t apply to any subterranean source of water supply from which the water does not flow llaturally, but has to be raised by pumping or other artificial means. . 6. Where a \vatercourse or lake forms the boundary Bed and wholly • or in part of a l)arcel of land al • ienated b . v ; the wbaantekrscooufrses Crown before the commencement of tIns Act, the hed and lakes not and banks thereof shall be deemed to have remained the alienated. property of the Crown, and not to bave passed with the land so alienated. 'Where a watercourse or lake shall form the boundary wholly or in part of a parcel of land alienated by the Crown after the commencement of this Act, the bed and banks thereof shall, notwithstanding such alienation, remain the property of the Crown, and shall not pass with the land so alienated. In any such case, whether of land alienated by the Crown before or after the commencement of this Act, such hed and banks shall be and remain the property cf the Crown, notwithstanding that one and the same person has heen or is the owner of the lands adjacent to both banks. of 7. Except under the sanction this Act or of some Diversions pexrm . isttienganoyr wfuattuerre frAomct ' annoy pwerastoenrcoshuarslel , d 1 iav k eer,t oorr SaP' 1 ) Jp' . lrllog-, pcfrorooumhrsiebwsi,taet&decr, - ., save in the exercise of the general right of all persons to rxcer under use water for domestic and ordinary use ancI for watering e:~ ~tion. stock from any watercourse or lake vested in the Crown vnd to which there is access by a public road Ol' reserl'( ~ . : 8. Notwithstanding anything in this Act contained, O,;nerof land the owner or occupier of any la.nd adJ- acent to any water- awdaJtaecrecnotutrose course or lake, the bed and banks whereof are by this Act to have access declared to have remained the property of tl~ e Crown, fo~g: eaz~ ;:r shall have the like access for himself, his family, and tre: : s~ .

10156 WATER. SUPPLY. PART II.- " RIGHTS IN NATURAL WATER. gights in Water, &:c., Act. 1 GEO. V. No. 25~ servants, and for his stock to the part of such bed or bank to which such land is adjacent, and the like use of such part for the grazing of stock, as if this Act had not been passed, until appropriated by or under the sanction of the Crown for any of the purposes of this Act; and such owner or occupier may have and pursue against any person trespassing upon such part any remedy for such trespass which such owner or occupier might have had and pursued if this Act had not been passed and as if such person were a trespasser upon land in the possession of such owner 01· occupier. But, save for the access and use aforesaid, this section shall not' be deemed to restrict the right of the Crown to pursue any remedy against any person trespassing upon such bed or bank, nor to entitle such owner or occupier to have or pursue any remedy for trespass against the Crown or any Water Supply Board or any person acting undei· the sanction of the Crown or of a Board. Presumption 9. No right to take and divert water from any water- loefnggrtahnotf b u y se course or lake for use on any land adjacent to the banks annulled. thereof shall be acquired by any owner of such land. No right to the permanent diversion or to the exclusive use of such water shall be acquired by any person whomsoevel', by length of use or otherwise than as the same is acquired or conferred under this Act or under some existing or future Act. Certain owners of irrigation works to continue use of such works. 10. The present and every successive owner of any irrigation works and plant established and used prior t(} the commencement of this Act shall be empowered, until the constitution of a water supply area under this Act embracing within its boundaries such irrigation works and plant or source of supply whence water for'the purposes of irrigation has heretofore been taken, and until the resumption or acquisition by the Board or other authority of such works and plant, to continue for the period of ten years from the passing of this Act the use of such works and plant, and for such period of ten years to take, draw~ and obtain water from any source of supply heretofore used in connection therewith, and to construct and maintain an such aqueducts, pipes, flumes, and other works for the purpose of conveying water from such source of supply as heretofore without any previous or further license or leave whatsoever: Provided that nothing herein contained shall be deemed to take away from any other person any right ,;",

WATER. SUPPLY. 10157 1910. Rights in Water, &c., Act. PA.RT II. ~ RIGHTS IN NA.TURAL WATER. of action at common law or by statute against any such owner by reason of his obstructing or impeding the flow of. water in any watercourse or otherwise fot damages in any manner howsoever. 11. Everv owner of land alienated from the Crown Ordinary b " efore the commencement of this Act throug ~ -h • or • con- r r ~ P I ha g nt' s adn e fin e d . tu: ~ uous to WhICh runs any watercourse, or wIthm or contiguous to which is wholly or partly situated any lake, shall in resped of such ownership have fl. right to the water in such watercourse or lake for the domestic and ordinary use of himself and of his family and servants, and for watering- stock, and for factory use for the pur- pose of generating steam in steam boilers or condensing plants therein, and for the development of water or electrical power-provided that the water applied to such development be returned to the watercourse or lake undiminished in quantity, such right, so far as regards a waterfall of over fifty feet in height, to be limited to a period of ten years-and for the irrigation of an area not exceeding five acres in extent, being part of such land. For the purposes of this section land in process of aliena- tion at the passing of this Act shall be taken as being already alienated land. 12. (1.) Wherever the water of any watercourse or ~ ert~ iD lake h • as been permanently diverte . d or con • tinuously and roIwpnaenrasnmay .exclusIvely taken and useJ by the owner or by the appl! for. to successive owners of any parcel of land alie~ lated from ; Fc: ~ : : s tbe Crown before the commencement of thIS Act for divert and use purposes and uses in respect of such land other than water. domestic and ordinary use, watering stock, factory use, water or electric power, and irrigation as in the last preceding section mentioned, such owner may, at any time within twelve months after the commencement of this Act, apply to the Minister for a special license to continue in like manner to divert or take and use such water for a further period of ten years from the com- mencement of this Act. (:!.) Such application shall be in writing signed by Applications• .the applicant or by his solicitor or other agent duly empowered in writing, and. shall give the following particulars :- (a) A sufficient description of such land to enable proper searches as to title to be made; 2x (

10158 WATER SUPPLY. PART II.- RIGHTS IN NATURAL WATER. Rights in Water, &c., Act. 1 GEO. V. No. 25, Cb) The name and description of such watercourse or lake; . (c) The U"se to which such land is applied at the time of ·making the application; (d) The date when the water was first so diverted or taken and used, and approximately the quantity used daily; (e) The mode of such diversion; <f) The date when any dam was constructed, or channel cut, or flume erected for the purpose of such diversion, with a statement of the dimensions and other sufficient description of all such dams, channels, an~ flumes; (g) A description of any engines or other machinery .in use at the time of the application: (It) The quantity of water for daily consumption for ,,,hich the license is sought; (i) The name!3 and addresses of the occupier or occupiers of such land, and of the owners or occupiers respectively of the lands contiguous to such watercourse or lake within a distance of three miles of such land. The application shall be accompanied by I'\, statutory declaration verifying the several statements therein made. .A.rtvertise- (3.) The Minister sball cause notice of every such mJnt, &c. application to be published in the Gazette and in at least one issue of a newspaper circulating generaHy in the neighbourhood of the land, and shall direct copies of such notice to be served on such persons as he thinks fit, and shall appoint a time, not more than six months from the date of such notice or of the first of such advertise- ments, within which objections to such application may be received. Objections. (4.) Within the time limited as aforesaid, any owner or occupier of land contiguous to such watercourse or lake within the said distance of three miles may, in writing signed by him and addressed to the Minister, object to such application being gl-anted, and submit to the / Minist~ r the grounds of such objection,. together with \evidence by statutory declaration supporting the same. Powers of (5.) The Minister, after such inquiry into the subject-. GOoouvnecrnilo. r in matter of the application and of any objections thereto as he thinks proper to direet, may 8U bmit the application to the Governor·:in Council with a recommendation that the application be refused or that it ·be granted either wholly or in part.

WATER, SUPPLY. 10159 1910. Rights in TVa,ter, &c., Act. PAnT II.- RIGHTS IN NATURAL WATER. The Governor in Council may thereupon either refus8 the application or direct that a 'specialllcense, in a form to be prescribed by the Governor in Council, be issued to the applicant in respect of the land and user of the water specified in the application or of so much of such land and water as the Governor in Council thinks fit. Such special lieense shall be subject to such special conditions and provisions as the Governor in Council shall determine, and to the provisions of this Act so far as the same are applicable thereto, and to the further condition that, notwithstanding that such special license is expressed to be for a period of ten years, it may be determined or modified at any time in the event or manner hereinafter prescribed. (6.) The licensee under such special license may Privilege" and divert, take, and use water to the extent and in respect ofdutyof_]w('ial t h e 1and and I·n t.he manner speC! 'fied I.n sueh ll' Cense. lIcensee. The licensee shall, at. the end of each year of the currency of such license, lodge at the office of the Minister a statutory declaration, headed in the matter of this Act and of his special license, declaring whether throughout the past year the diversion and use of the water has been and still is only such as is sanctioned by the license. (7.) 1£ at any time during the currency of such license I?etermina-. it is proved to the satisfaction of the Minister that the hcm of speel"l licensee has failed to observe and perform the conditions hcense. and provisions subject to which it was issued and held, or that it is expedient, in the interests of the public, as to the diversion and user of the water sanctioned -by such license, that the license should be determined or modified, the Minister may give the licensee" notice in writing by registered letter sent through the post office that, after the expiration of one month from the date of such notice, it is his intention to recommend the Governor-in Oouncil to revoke or to modify such license. Unless the licensee before the expiration of the month so fixed shows te, the Minister sufficient cause whv the license should not be revoked and determined or modified, the Minister may make such recommendation to the Governor in Council, and the Governor in Council may thereupon' make an Order revoking or modifying such license. C

10160 WATER. SUPPLY. PART !I.- RIGHTS IN NATURAL WATER. Rights in W Gier, &c., Act. 1 GEO. V. No. 25, If such Order is made in the interests of the public, it may direct such amount by way of compensation to be paid to the licensee out of the Consolidated Revenue Fund as to the Governor in Council seems equitable. Conditio~ 8fol" 13. The right of any person who is the owner or tctoheerttaa e k ~ IeD er ar ~ ln 1 g 8 dh e tos f oocr cIuakpieerwohf l ' C lhanmdsayadbjoeien' Iinthgerthwehbolalnyksorofpaanrty.Iawllaytes, rucpopulIresed use water. with water from or whose volume may bB increased by any works of water supply, wh~ ther constructed under the authority of this Act or any existing or future Act, and whether by the State or by any Local Authority, Water Authority, Water Supply Board, or other local body, and whensoever constructed, to take and use the water thereof shall be exercised only in accordance with the following provisions and the regulations for the time being in force:-, . After the construction of any such works of water supply, such person shall be entitled, by virtue of such right, to use only so much water as would be equal to the quantity of the water of the watercourse or lake which would be available to him, and to which hf! would be lawfully entitled but for the existence of such works of water supply; but in no case shall he be entitled to a greater quantity of water than is prescribed by sention eleven of this Act. CONSERVA· TION AND UTlLIZArlON PART III.--CONSERVAl.'ION AND UTILIZATION OF 'VATER. OF WATER. Creation of 14. (1.) The Governor in Council may, from time to WllterSupply time by Order in Council- Area, &c. ' (i.) Constitute any defined part of Queensland- Ca) Wherein is located the whole or part of any watercourse or lake or other source of . supply wherefrom water is or may be obtained for the irrigation of land or for agricultural or pastoral purposes; or (b) Wherein is located the whole or any part of any watercourse or waterfall or lake or other source of supply wherefrom or whereby water is or may be utilised for hydraulic power or for the generation or stora~ e I)f electrical power; or ., "

/,,; C - l ' - f lP P , ~ ~ " I\.r&\ /;r' t: e~ \ ~1' ~ , "VATER SU!>PLY. ,.j,. . . l., ~ 10161 - - - - - - - -- - -- - -- - -- - -' \ : ~ ~ I' } . . - - . , - = r' - T: : = c= = : ~ : ~ , n, - - ' . ~ ~ ..... ; . ...~.-"l - PART ni.- 1910. Rights in Water, &c., Act. . '-- ~ . CONSERVA- TION AND UTILIZATION (c) Wherein is located an artesian well which has OF WATER. been constructed or acquired by the Crown, or wherein it is likely that a supply of water will be obtained when an artesian wen has been so constructed-- a Water Supply Area under such name as may be directed by the Order in Council; (ii. ) Unite two or more Areas into one Area; (iii.) Divide an Area into two or more Areas; (iv.) Alter the boundaries of an Area by including in an Area part of another Area and excluding it from the latter; (v.) Include in an Area an outlying district; ( vi.) Abolish all Area; (vii.) Give any necessary directions for adjusting the rights of any Boards affected by any Order in Council ; (viii.) Constitute a Water Supply Board for any specified 1Vater Supply Area. ( ~ .) If it is made to appear to the Governor in .Notice. Council that it is expedient to exercise any of the powers i~ ~ ;· s~Y2). conferred by this section, the Minister shall publish a ' notice stating the intention of the Governor in Council to exercise such power. Every such notice shall be published in the Gazette and in some newspaper generally circulating in the locality. The last day on which such notice is published in the Gazette shall be deemed to be the day of the publication thereof. The Minister may cause such inquiry as he thinks fit to be made into the matter of any objection to the exercise of such power which is received by him within three months after the day of publication of the notice. If within the said three months no sufficient cause is shown to the Governor in Council why the power proposed to be exercised should not be exercised, the Governor in Council may exercise such power: Provided that where the notice relates to a proposed Artesian w G aotveerrnsourppI . nly C ionuncCol ' n 1 nmecatiyo,n b ew f oitrhe eaxnerCar . Its . eInsigan h' ISweplol wtehres w su a p t p elr y. under this section, require the owners, occupiers, and mortgagees of the lands, or some of the lands, proposed to be comprised in the Area to execute an undertaking in such form as he may prescribe, consenting to pay interest

10162 WATER SUPPLY, PART III,- - - - - - - - - - - - - - - - - - - - - - - - - - Cm;sERvA- , rv Rights_ in (iter, &;c_, Act. 1 GEO. V. No. 25, TION AND UTILIZATION - - - - - - - - - - - - - - - - - - - - - - - - - OF WATER_ on any expenses which may be incurred and any rates or charges which may be levied or become due in respect of the cOllstruction, control, maintenance, and repair of the artesian well, and that the lands whereof they are owners, occupiers, or mortgagees shall be and remain charged with the payment thereof. S~ rv~ ys, &e. 15. The Minist er may, at any ti!Ue and from time' to s 5 . 5 4 V . lC.No.34" t " ime by his officers " servant 0 s and aO'e ' nts enter upon any land and make surveys and take levels,. and do such other acts as appear nec~ ssary for the purpose of acquiring information for or carrying out the purposes of this Act. Before entry is made upon any occupied land, at least seven days' notice in writing shall be given by prepaid letter through the post office, addressed to the occupier of the land, and such occupier shall be entitled to compensa- tion for any loss of' or damage' to any growing crop occasioned by any such entry or act as aforesaid. Save as aforesaid, no action shall lie on account of any such entry or act. Provisio~ s to 16. (1.) Every Order in C0uncil constituting a Water m ?e O co r n d t e al r I m ~ ed SupplY • Area shall- Council. 55 Vie. No. 34, s.13. (a) Define the boundaries of the Area; (b) Describe generally the scheme proposed to be carried out and the principal W01!ks proposed to be constructed, statill! . . ~ · which (it any) .of such works are to be Joint wo,rks ; (c) In the case of joint works state generally the proportion of water that shall be taken from the joint works for the purposes of the Area within a given time; (d) State the sources, other th.an joint works, from wJ:.tich the supply is to be obtained,. and the quantity of water to be taken from each of such sources within a given time, when there are more than one, and the seasons at which it is to be taken; (e) Contain such proviSIons as according to the nature and circumst::mces of each scheme the Governor in Council thinks fit ; (I) If a Board is constituted for the Area, define the mode of its constitution and make provIsion for the adjustment of assets and liabilities,. if any, as between the Minister and the Board. , '

• WATER SUPPLY. 10163 1910. Rights in TV ater, &c., Act. "PART III.- CONSERVA' TION AND UTILIZATION (2.) Where two 01' more Areas are constituted and it' ; ~ WATER. is proposed that a supply of water for each Area shall be seve::! Areas obtained from the same joint works, the Order in Council with common S l la 11, I'n t. he case 0 f each Area, con"tam, . m add 1 ·t· IOn t 0 t , he headworks. matters hereinbefore set forth, a statement of the whole proposed scheme of which the works of each Area fm'm part and of the respective quantities or proportions of water which may be taken within a given time from the joint works for the purposes of each Area. (3.) When joint works are propose<l to he constructed Cost of joint for the supply of water for the benefit of two or more ; : ; ~ ~ r~ orne Areas, the execution of such works at the joint expense tiooally. of the Areas concerned may be approved by the Governor in Council, and the proportion of the expense to be charged to each of such Areas may be fixed and declared by Order in Council. 17. An Area shall he contained as far as may be Area to be within boundaries which accord with the n • atural features c ge a lol v gra S p U ~ l I tl a - bl e, of the country, and in fixing such boundarIes regard shall 55Vic.2\"0.34. be had to the general contour of the country and the s. 5. facilities offered thereby for the collection and storage of water and the effective distribution of water over the proposed Area. 18. In any case in which a proposed plan for works Areas may or • joint work . s may advantageously be altered and e . nlarge . d pbreocphoarrt 1 g 0 e 0 d - SO as to provIde for the construction of works WhICh wIll ally only for make available a greater supply t of water than will actually c lo e a r ot a s l . l £ l o , r vor k s. be required for the purposes of the Board or Boards pro- 55 Vie. No. 34, posing to construct the works, the Governor in Council s. 20. may, by Order in Oouncil, approve of an amended plan for the purpose, and may provide for the advance to the Board or Boards by the Treasurer by way of loan, out of moneys apprClpriated by Parliament for that purpose, of a sum sufficient to enable the Board or Boards to construct the works in acco'J:dance with such plan, and may prescribe I the quantities of water which each Board shall be required to take within a given time from the works constructed in accordance with such plan. . The Governor in Council may further, by the same or any other Order in Council, direct that the Boards shall respectively be chargeable only with the same proportion of the money so advanced by the Treasurer for the pur- poses of' such works as th'1 quantities of water so prescribed for each Board respectively bear to the whole amount of the supply available from the works, and that any other

10164 WATER SUPPLY. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - CONSERVA- TION AND Rights in lVater, erc., Act. 1 GEO. V. No. 25, UTILIZATION _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ OF WATER. Board or Boards subsequently requiring and obtaining any of the surplus supply shall be chargeable with such pro- portion of the total cost of the work as the Governor in Council may by any Order in Council fix and declare. Constitution 19. (1.) A Water Supply Board shall be constituted of Board. in such one of the modes following as the Governor in Council from time to time declares :- (i.) By the appointment of a Local Authority or a Water Authority having jurisdiction within the Area to be the Water Supply Board; (ii.) By the appointment of the members of the Board by the Governor in Oouncil; (iii.) By the election of the members of the Board by the ratepayers within the Area; (iv.) By the election of some members and the appointment of other members of the Board. (2.) A person who is not a ratepayer within the Area may be qualified to be a member of the Board. (3.) When some or all the members of a Board are to be elected, the Order in Council shall declare the time and mode of election and the number of votes, not exceeding three, to which each ratepayer shall be entitled, prescribe the term of office of each member, not exceeding three years, and the time at which he shall go out of office, and make provision for the filling up of vacancies and for all other matters incident to the office of member. (4.) Every Board shall be a body corporate with perpetual succession and a common seal for so long as its Area is in existence, and shall, under its corporate name, be capable in law of suing and being sued, and of doing and sliffering ,all such other acts and things as corporations may by law do and suffer. (5.) A change in the mode of constitution of a Board shall not affect its continuity as a body corporate. ~ ~ :;! to be a 20. The. Board shall be a Water A ut.hority, and Authority. shall, f0r the purposes of and subject to the provisions of 55~ic. No. 34, this Act, have, enjoy, perform, and be liable to all the 8.1 . powers,authorities, duties, and obligations conferred and imposed upon Water Authorities by the Principal Act. And all the provisions of·the Principal Act referring to Water Authorities shall extend and apply to Boards, except such of them as the Governor in Council may,by

WATER SUPPLY. 10165 PART III.- 1910. Rights in Water, &:c., Act. {::ONSERVA- TION AND - - - - - - - - - - - - - - - - - - - - - - - - - lTTILIZATION Order in Council in the case of a Board, decIare not to be OF WATER. .applicable to it, and except as by this Act is otherwise provided. 21. Subsection four of section fifty-four of the Amendment Principal Act is hereby repealed, and the following- is ~ fri~cf:af£A. ct. -inserted in lieu thereof :- It may, for the purpose of giving a supply of water -to any person entitled to receive it under this A et, from time to time sink or acquire wells or shafts, erect 'or acquire buildings, pumping stations, and pumping machinery,. and make, maintain, alter, acquire, or dis- continue streams, reservoirs, drains, culverts, aqueducts, flumes, or other waterworks upon the lands authorised to ;be taken. . ;r, 22. The Board may, from time to time, make and Power to levy rates, to be called " Water Supply Rates;" upon the levy rates. lands comprised in the Area, for the purpose of raising an amount sufficient to make any payment to the Treasurer for principal moneys or intere~ t or rent, or any other payment required to be made by law, together with all -costs, charges, and expenses in and about the maintenance, repair, management, and control of the works constructed by it or placed under its control in pursuance of this Act, .and in and about the management of the business of the Board and the administration of this Act. 23. Every such rate shall be apportioned upon the Valuation. 'Several lands comprised in the Area in proportion to the amount of direct benefit which it appears by a valuation that the said lands respectively derive from the water 'Supply. • The Board shall appoint a valuer to value the amount of direct benefit which the several lands comprised in the Area derive from the water supply. The valuation so made may be adopted by the Board with or without alteration, but when adopted shall be the valuation of the Board. . All rates made by the Board shall be made upon such -valuation, and every such valuation shall remain in force until a fresh valuation of the lands has been made. Notice of every valuation and of the amount thereof shall be given in each year, and, before any rate is levied by the B03Jrd for that year, to the occupier of the land.

10166 WATER SUPPLY. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - - CONSERVAo TION AND UTILIZATION OF WATER. Rights in lVater, &c., Act. 1 GEO. V. No. 25, Such notice shall also state that the owner, occupier. or mortgagee of the land may appeal against any vaJuation upon giving notice of his intention so to do to the Board within one month after service of the notice, and not less- than seven days before the appeal is to be heard. Appeal. 24. If any person thinks himself aggrieved, on the- ground of error, in the amount of the valuation with respect to the land whereof he is owner. occupier, or mortgagee, or any other land, he may appeal therefrom to a police magistrate: Provided that, in the event of any person appealing against the valuation of another person's land, he shall give notice of the appeal to the occupier thereof as well as to the Board. Making and 25. (1.) 8ave as by this Act is otherwise provided, levyingrates. all the provisions of the Principal Act relating to valua- tions and appeals therefrom and the making and levying of water rates shall apply to valuations and appeals therefrom and the making and levying of water supply rates under this Act. Rates a first (2.) All water supply rates shall he and remain a first chal'ge. charge upon the lands in respect of which they are payable in priority to any mortgage or encumbrance, and notwith- standing any change that may take place in ownership. Board may 26. Subject to this Act, the Board shall supply ~ ~ Pf~ ~ h~ ~ ~ ~ s ,vater to be used within the Area for such purposes, to as it may fix. such persons, upon such terms, at such prices, and with ~ . 5 i:i.c, No. 34, such guarantees and securities for payment, and generally upon such conditions, as the Board thinks proper. 'rhe Board ll1UY, by by-law- (a) Fix a scale of charges for water supplied by measure and a minimum charge for such water in all cases where water is so supplied, and vary and alter the same; (b) Determine the time at which any charges for water are to be payable, whether in advance or otherwise; and ( c) Determine the quantity, time, order, and manner of delivery of water. Such by-laws may be applicable generally or to any particular cases or circumstances.

WATER SUPPL r 10167 1910. Rights in Wa,ta, &c., A.ct. PART III.- CbNSERVA- TION AND UTIUZATION, 27. '1'he Board may supply to ratep • ayers and persons S ' O up ll p 'W Y jA 0 TfER. other than ratepayers water' for domestIC purposes or for water f?r watering s.tock or ~or any other purposes app:roved by the ~ ~ ~ ~ : ~ Z, &c. ' Governor In CounCIl. 55Vic.No.34,. When any person other than a ratepayer takes water s.. 25. for watering' stock and does not pay the lll'l:escribed price, any authorised officer may seize and take a sufficient number of such stock, not being in actual use for carrying or, drawing any person or vehicle, UJnd may . retain the same until payment is made for the water. And any stock so retained may be sold to satisfy any judgment or order for payment of the price. 28. When a Board is prepared to supply ,vater for Water.Raft>s- A docmt erset, 1 iactm · pugrptoosems, a k a ' mllg thaen d "peln'ofvoirs ' ciomngs: owfattehre raPterisncs h ipaa ll l ,m w :n p a a t o y e s r bee df or be in for • ce with respect to the lands which under that d su o p m p e li st e i ~ c for Act are lIable to be rated for water rates and the persons purposes. who under that Act are liable to pay such rates, but shall 55 Vie. Ko. 34,. not otherwise be in force, except as hereinbefore provided s. 26. with respect to water supply rates, in the Area. 29. Subject to this Act, the owners or occupiers of Who lands in the Area. shall alone he entitled to the suppI . v J of e pr n iJ t ? l j t ar e dil y to • water: water. Provided that the Board may, 'with th(, sanction in each ~. 52j~ c. No. 34,. case of the Governor in Council, enter into a contract with persons whose lands are 110t within the :\ rea for the' supply of surplus water at a rate prescribed by the Governor in Council; such rate not to be in any case less than the amount charged for water supplied fdi· a similar purpose to persons whose lands are within the Area. Such sanction shall in no case be given for a longer period than one year; but in each case the Governor in Council may, if he thinks fit, grant any number of renewals of such sanction for periods of one year upon each renewal. 30. (1.) Water supplied by a Board for any purpose Sale when b exycmepetasduorme eosntliyc, paunrdpocsbeasrgaendd fworataecrcino ' g - rds . mtogclky. shall be sold u t 5 o J 5 e bV a e s i u eb r . y e N . o. 34,. ss. 28, 29. (2.) The price charged for water supplied, except for l'riee to be the purposes lastly excepted, shall be the same to every uni£O»nl_ person for the same quantity of water supplied from the works, but the cost of conveyin~ the water to the lands of the consumer shall he borne and paid by him in addition to such price.

10168 WATER SUPPLY. PART I1I.- CONSERVA- TIO!\' AND Rights in Water, &c., Act. 1 GEO. V. No. 25, UTILIZATION - - - - - - - - - - - - - - - - - - - - - - - - - 0]' WATER. When the water is conveyed from the works in ditches, pipes, aqUf~ ducts, flumes, or other works, the pro- perty of the Board, the cost of conveying the water shall be charged in proportion to the distance over which it is so conveyed. Agreements 31. Subject to this Act, a Board may enter into an ~ t~ ~ : - ~ ers agreement in writing with the ,owner of any land in the for supply. Area, for the supply of water to any land of such owner in B 55 .3 V 4 i . c.No.34 ' teh " 'Area t ,0 be speCI' fied' In the agr.ee ment , fo' r a t erm not exceeding fourteen years, and at a price by measure to be specified in the agreement, such price not being less than the current price, at the time of making' the agreement, of water supplied or to be supplied by measure by the Board. . In every such agreement the owner of the land shall agree to pay the agreed price for the term therein limited, and to take not less water in any year than the minimum quantity therein so specified, and to pay a minimum amount for water therein fixed. Any such agreement made by the owner, whether under seal or not, shall be deemed to be a covenant running with the land, and shall bind the land and the. successive owners thereof during the term: Provided that in the case of land held under " l J he Real Property .Acts, 1861 to 1887,"* a caveat notifying' the terms of the agreement shall be lodged in the office of the Registrar of 'fitles. No such caveat shall be removed except upon the order of the Supreme Oourt or a .J udge thereof, which may be made upon petition or summons in a summary way upon proof that the agreement has ceased to have effect. Nothing in any such agreement shall be construed to create any obligation on the part of the Board to supply any fixed quantity of water in the event of an insufficiency of water; bnt in that event the owner of the land shall pay for the water actually supplied to him at the price specified in the agreement. Where supply 32~ If at any time the supply of water at the disposal ionfswutalitceirent 0 f a Boar 'cl I ' S, I"n t 1 s opI.n.IOn, l.nsuffCi'Ient t 0 al £ l 'e ord t 0 a11 Board to' consumers the supplies which they are respectively entitled ~ ~ ~ 8~ n~ fI; ' to receive, the Board may deliver to such consumers such without amount of water as is then at its disposal in quantities 5li5abViilcit. yN. o. 34, proportI'Ona1 t 0 the quanti' tl' eS whl'eh such consumers .s.35. " 25 Vie., No. 14 and amending Acts, supra, page 2148.

WATER. SUPPLY. 10169 PART III. ~ 1910. Rights in Water, dCc., Act. CONSERVA- ~' ION AND - - - - - - - - - - - - - - - - - - - - - - - - - UTILIZATION would, if sufficient water had been available, have respec- OF WATER. tively been entitled to receive, and such consumers shall be chargeable accordingly. No action, claim, demand, or other proceeding shall be commenced or prosecuted against a Board for not supplying water to any person when it has been declared by the Governor in Council that the Board has, without negligence or wilful default upon its part, been unable to supply such water. 33. In the event of the water available to a Board Governor in for supply falli~ g short o~ the quantity nece~sary to s~pply : eOg: ~ ~ ~ ~ ~:Jer water m suffiCient quantIty to be of practIcal serVIce to of supply in all consumers, the. Go",:ernor in ,Council may, whene:ver ~ ~ ~ c~ fncy. and as often as he IS satIsfied of the actual or approachmg 55Vic.No.34, insufficiency of such supply, from time to time, make s. 36. Orders in Council regulating the order of priority in which and the quantities with which the various consumers shall be entitled to be supplied. 34. A Board may authorise and empower any person Consumers entitled to be a consumer of water for the purposes for ~ av construct W 1 lI · C 1 1 the Boadr ' IS const 1 'tuted, or l .I' or ml • n • mg purposes, to 5d5ItVchiecs.N, & o. c3. 4, exercise all or any of the powers hereby conferred on a 8. 30. Board for the purpose of constructing and maintaining ditches, aqueducts, pipes, flumes, or other works for con- veying water from the works to the lands of the consumer. PART IV.- SPECIAL PROVISIONS PART IV.-SPECIAL PROVISIONS RELATING TO ARTESIAN RELATING TO WELLS. AR1'ESIAN WELLS. 35. (1.) No artesian we 11 shall be commenced, and Art,rsi.tn wells .no artesian well existinO' at the commencement of this to be licensed, Act, or thereafter c. onstru~ ted, shall be enlarged, deepened, ~ ~. : :, / ~g~ . or altered in any manner, unless- (a) By the Crown; or (b) In pursuance of a license under this Act. , (2.) If any person contravenes this section" he and Penalty. the owner of the well in respect of which the contravention has occurred shall each be liable to a penalty not exceed- ing one hundred pounds, and a further penalty of five pounds for each day during which the contravention continues after conviction. 36. (1.) Where the work of constructing an artesian Wells wmeelnlciesmbeenintg 0 f cta h r I r · S ieAd cotn, , t h beutowisnneor tocfoomrpcleotnetdraacttothr ef . ocr otmhe- Cmb e Oe f IDnomcreeemncocemendt- of work shall, within two months after such commencement, 1b~ \ 23.

10170 WATER SUPPLY. PART IV.-· SPECIAL PROVISIONS IW:ghts .tin Water, xc., Act. 1 GEO. V. No. 25, !RELATING TO A W RT E E L S L I S A . N give notice to the Minister, in the form prescribed, of the locality, size, and proposed depth of the well, and that the work is being carried on as s,foresaid, and that he intends to continue and complete the work, and stating such other particulars as may be prescribed. JPenalty. (2.) If, after the expiration of two months from such commencement, the work of sinking such well is continued without such notice having been given, or otherwise than in accordance with such notice or in con- travention of this section, or if any of the prescribed condition", are not carried out or are contravened, the owner of the well, and any per30n carrying on works at the well, shall each be liable to a pfmalty not exceeding twenty pound"" and to a further penalty not exceed- ing two pounds for each day during which the offence continues after conviction. (~qThis section shaH not apply to any artesian wen the construction whereof was commenced prior to the first day of October, one thousand nine hundred and ten. . App~ i('ations 37. (1.) Every application for a license for any new f N o . r S h .W ce . n , s1e9s. 06, arteS • ian we 11 , or c 101' en l ar ' gmg, d eepem . ng, or a It el' . mg any ~o. 59, ss 24,. then existing well, shall be made to the Minister in the 25,26. form prescribed, accompanied by the prescribed plans and specifications, together with a statement of the purposes for which it .is proposed to utilise the water. Issue of 1icense. (2.) The Minister may, in his discretion, after the expiration of thirty days., issue a license to the applicant jn the prescribed form, and subject to such conditions as are prescribed: Provided that before granting a license the Minister may require such alterations to be made in or in connection with the work, or in the plans and specifications of the same, as he thinks fit. License (,0 be 38. A license shall be deemed to be held by and shall - foocrcubpeineerfiotfof operate for the benefit of the lawful occupier for the time land. being of the land whereon the well is sunk or is proposed Ib., s. 28. to be sunk. Penalty for 39. i(l.) During the currency of such license no alilcteenrasteidonwseilnl alterations shall be made in or in connection with the or contra- well, nor shall the water from the well he used for lviecnetniosen. , of purposes other than those authorised by the license: Ib., s. 29. Provided that works necessary for the maintenance -of the well .in good order or occasi.oned by any unforeseen

WATER SUPPLY. 10171 PART IY.- 1910. Rights inWata, &c., Act. BPECIAL PROVISIONS RELATING TO AR'l'ESIAN emergency may be carried out; but written notice of all WKLLS. such works shall be given to the Minister within seven days after the same are commenced. (2.) Any person who contravenes this section, 01' con- travenes or fail;,; to carry out any condition of' the license, shall be liable to a penalty not ~ ; rceeding fifty pounds, and a further penalty of five pounds for each day during which the offence continues after conviction; and, in addition to the imposition of the said penalty, the license may, by notice in the Gazette, be cancelled. (3.) The bolder of any such license may, during the currency thereof, apply for an amended license allowing alterations in the well; and every such application shall he dealt with as is herein provided in respect of applica- tions for a license in the first instance. 40. (1.) The Governor in Council may, by Order in Cont.rol of Council, place under the permanent or temporary control ~ : ' ; ~ l: l. an of a Board any artesian well which has been constructed or acquired by the Crown within an Area. In every such case, in the same or a subsequent Order in Council, the Governor in Council shall declare what has been the actual cost of the artesian well, and that the Board is required to raise and pay in each year to the Treasurer interest on the said cost at a rate to be fixed by the said Order, but not exceeding five pounds per centum. When an artesian well is placed under the control of a Board in pursuance of this section, the Governor in Couneil shall reserve an area of at least forty acres at the actual site of the well, and an area of at least thirtv-three, feet on each side of every drain connected with tl~ e well, and shall place all such lands under the control of the Board. For such purpose the Governor in Council shall be entitled to take, acquire, or resume the nece~sary lands, and the provisions of sections one hundred und eightv- nine and one hundred and ninety of "The L(ma Act, 1897,"* shall apply to all such lands. (2.) The Board shall be chargect with the care, control, and management of all artesia'n wells within the ~ t\. . rea which have been placed under its control by the Governor in Council in pursuance of this Act, and shall have and jfo 61 Vie. No. 25, supra, page 6228. See ROW, however, ss. 180 and 197 of " Tlte Land Act of 1910," wpra, title Land.

10172 WATER SUPPLY. PART IV.- ~ PEOIAL PROVISIONS Rights in Water, eYe., Act. RELATING TO ~ ~ ~ - - - - - - - 1 GEO. V. No. 25, AWRTEELSLISA.N may exercise all the powers in respect thereto which it possesses in respect of other works and water under its control. Power of sale 41. (1.) The Governor in Council may sell or lease any or Ipase. artesian well which has been constructed or acquired by the Crown, upon such terms and conditions as he thinks fit. Powers of (2.) When any such sale 01' lease is made to a private vBpeuosract e rhddas I ~ n e a r. y be p 0 errdseorn I . 0 I 1 I ' Ccoorupnomr '1 a,tidoenc, ltahree tGhoavt earnllororinanCyo 0 u f nctihl emraI . yg, hbtsy, powers, authorities, and obligations which a Board has or is liable to under this Act, except the power of making- and levying water supply rates, shall, in respect of such artesian well, be vested in and attached to the purchaser- or lessee in the same manner and to the same extent as if the purchaser or lessee were a Board; and thereupon such rights, powers, and obligations shall be vested in, and may be exercised by, ~ md shall attach to, the purchaser or- lessee accordingly. Waste of 42. (1.) If the Minister is of opinion that the water- wate~ of II from any artesian well, whensoever constructed, is being aNrt.eSS. WIan.,I W 9P06 s , . I • mprOper 1 y used or I . S be' mg wasted, he may dl' rect the No. 59, s. 30. partial closing of such well or direct such other precau- tions to be taken as he deems necessary to prevent such improper use or waste: Provided that the owner of any such well shall, if he so desires, be entitled to be heard before any such direction is given, and in such case the Minister may cause an inquiry to be held by the State Hydraulic Engineer or by some authorised officer, who shall report in writing to t.he Minister upon the inquiry, and such owner shall have the right to attend at the inquiry and be heard; whereupon the Minister may in his discretion give such direction in the matter as he thinks just. Any person who refuses or neglects to carry out any such direction shall be liable, for every day during which such refusal or neglect continues after such direction has been given, to a penalty not exceeding twenty pounds, and in addition to the said penalty any license issued under this Part in respect of such well may, by notice in the Gazette, be cancelled. Prevention of (2.) The Minister may cause to be delivered or- waste, &c. transmitted by post to the owner or occupier of land whereon an artesian well is situated, or, if there is no inhabitant occupier of the land and the owner's address is unknown, may cause to be left on the land for such 'i -

WATER. SUPPLY.- ,19'lQ. Bights in Wa,ter, &c., Act. o - w - ne - r o - r - oc - cup - ie - r a - nQ - ti - ce - r~ - qu - ir - jn - ~ h - im - to - .p ~ ro ~ yi ~ de ~ "pl = ac = e, R . . A Et W R i T A E E T . ~ L N ~ L ~ I li A ; T " N J) ' ., fix,. and keep in repair such pipes, casings, fittings, flumes, drains, and troughs, and to execute such other works as are in thf' opinion of the Minister necessary to effectually prevent the water from such well from running to waste or being improperly used.. . . ! . The Minister ,may also requira any such owner Of occupier to attach to. the delivel'y pipe of the well a meter, of such kind as the Mini~ terp~escribes by the notice, and capable of showing the. qua~ tity of water delivered from the pipe. The owner or occupi~r shall duly observe all regulations with respect to allfittings and appliances referred to in' this subsection,' rrhekey of the meter shall be kept1;>y such person as the Minister directs.. If the owner or occupier fails to ' ~ omply with the requirements of any such notice withip.a r,easonable time or co. ntrayene~ allY such regulations,.he shall.be liable to a penalty not exceeding fifty pounds,and .the Minister may cause any nec~ssary work or act tobe done; a:nd the reasonable expenses of doing it shall be repaid to the .Minister by the owner or oecupier. (3.) When a meter has been so attached, all water W~ ter to be delivered from the well shall be delivered through the ~ ~ ! ~ : ; ~ d meter. meter. Any person who takes water from the well otherwise than through the meter shall be liable to, a penalty not exceeding fifty pounds. (4.) When a meter has been so attached, the Minister Payment for may direct that payment shall be made by such owner or : O~ : ~ med in occupier to the Treasurer at the prescribed rate for all excess of wa t er d e 1 I · vere d f rom· the we 11 I ' n excess o f · " a prescrl 'b e d pqrueasnctriitbye.d quantity. . Any amount so directed to be paid shall be a debt due to His Majesty. (5.) This section shall not apply to any artesian well constructed at the commencement of this Act, or the Qonstruction whereof was commenced prior to the first day of October, one thousand nine hundred and ten, until . the expiration of ten years from the commencemelft of. this Act. 2L .ll ,.,

10174 PART IV.- SPECIAL PROVISIONS lIELATING TO ARTESIAN WELLS. By-laws. WATl1'Jt SL'PPLY. Rights in TVater, &;c., Act. 1 Goo. V. N~ . 25, 43. ..et Board may: make by-laws- (a) Requiring persons carrying on the business of common carriers within the Area, and ordinarily usin~ any road on or near which an artesian well is provided, to take out licenses to be called "watering licenses," and impos- ing fees for such licenses, which may be in proportion to the number of draught stock usually employed by such persons or on any other basis; (0) Requiring the owners or persons in charge of travelling stock within the Area to take out such licenses whensoever such persons require to use water from the artesian wells of 1 he Board. and imposing fees for such licenses; (c) Authorising the holde~ s of watering licenses to take water for their draught stock from the artesian wells of the Board without extra payment; (d) Prescribing the price to be paid by consumers of water' from the artesian wells. of the Board not being ratepayers or licensees, and the mode of calculating such price. PART V.,- WATERING. PLACES. PART V.-WATERING-PLACES. Power to 44. The Governor in Council may, from time to time, . } N ~ j o a .s k . . e w 1 r 7 e " , se 81 r . v 69 e . s 0 . 0 ebs , y . taOblridsehr • mignpuCboluI • cnwcial,temrinagk- eplraecseesr\ a' ensd ffoorr tthheeacpcuormpomsoedoa- f tion and agistment of travelling stock, but such reserves shall not be withdrawn from pastoral lease except by a special notification in that behalf. Such l'eserves are herein referred to as public watering~places. The Governor in Council may, in like manner, place aI;l.ysuch r~serve. or any proclaimed water reserve or camping reserve under the permanent or temporary control of the Board of the Area within which any such reserve is situated. Pow~ r to 45. The Governor in Council may, from time to time, ~ ~ ~ ; :~t~rsand appoint inspectors and overseers for the purposes of this overseers. Part, and prescribe their powers and duties; and such Ib., ~ . 6. inspectors and overseers may act as sueh in any part of Queensland J and shall be, ex offioio, inspectors of stock.

1910. WATER SUPPLY. Rights in Water, &:c., Act. 10175 PART V.- WATERING' PLACES. 46. (1.) '1'he Minister may construct tanks, dams, or Power to Qther works for storing or providing water adjacent, to ~ ~ : ~ ; r~ ~ ~ any roads or upon any proclaimed water reserve, campmg dams. reserve , or public ~ waterinO'"'place. NN. oS. .W17. , , 1ss9.070,, 8,9. (2.) The Minister may appoint caretakers and place Caretakers. them in charge of such tanks, dams, or other works, Qr public watering~ places; and such caretakers shall supply water to trav('llers and travelling stock ut the prescribed rates. (3.) The Minister may let by auction, tender, or Mini~ ter may Qtherwise for a term not exceeding five years any such lease tanks, tanks, dams, or other works, or public watering-places &c. upon such terms as he deems ~ xpedient; and the lessees i3hall supply water to travellers and travelling stock at the prescribed rates. . 47. (l.) Any authorised officer may, suhject to" 'l'hepowerto Local Authorities Act of 1902,"* or any amendment impoun~ thereo f ,1 · mpound any stock l i! oundtrespa'ssmg upon any tstt' oescpka. ssmg. proclaimed water reserve, or camping reserve, or public lb., s.10. watering-place; and for that purpose the Minister shall be deemed to be the owner of every such reserve and watering-place. (2.) Any owner or person having charge of stock who Wilful wilfully allows the same to trespass upon any such reserve t.respass. or puhlic watering--place may he prosec'uted by any lb., s. 10. authorised officer, and shall he liable fOl' the first offence to a penalty not exceeding five pounds, and for any subsequent offence to a penalty not exceeding twenty pounds. Trespass a second time by stock belonging to the same owner sball be deemed to be a wilful trespass. 48. Any person who obstructs travelling stock in the Obstrnctionof lawful use of "any public watering-place, or in the use of any ~ ~ ~ : : ling pasture or water to which such stock are lawfully entitled, lb., 8.12. shall be liable to a penalty not exceeding twenty pounds. 49.' Every owner or person having charge of tra- Ownerofstock veIling stock shall, when he requires to use Hny dam, tank, ~ ~ ; ~ ~ ~ ~ ~ e well, publio watering-place or reserve, produce and sho,v travelling . to the lessee, caretaker, or person in charge thereof, on ~b~ ~e8~~~ ~' demand, his proper permit or travelling statement, and on failure to do so shall be liable to a penalty not exceed- ing five pounds. '" 2 Edw. VII. No. 19, supra, page 8355.

10176' PART V.- WATJ:;\\lNG'; PLACEB. ' WATER SUPPLY:' Rights in JlT ater, &c., Act. 1 GEO. V. No. 25, Powers of " , ,50: When any'reserve is placed ilnder tllepermanent Board. ",•. ortemporarycontrol of a Board, such Boardshalltfor the, p;urp;oses of this:Part, :have all'the pOWE>rs of ,the Minist~ r;; ,:.and may also appoint inspectors and overseers, for, the:..: . 'purposes of such reserves, who shall be ex officio inspectors \.:' of stock. ' " ,,',', . , P~ ~ A! ! : - '.;' PART VI.-LoANs. Loans. >',.51., .(1.) ,Subject to this .!.ct;-the Tr~aS1irer;may., from: time to time, advance to the Board out of any moneys. ;" appropriated ,by'Parliament for that ,purpose such~ ums ;, of money on loan as 'are required for the carrying: out Of' construction ,'of any,; work~ which·' under tllis;. Act ~ the': Board may be authorised to, carry out or construct~ ;, iJ , . {2.y' Every such.']oan shall be for : ~ perio~ : of thirtt~ years from the date of the first advance In respect thereof: ~ , (.and,shall bearint~ rest at the rate 'of four pounds per,cen.tum per annu:m, and shall be ,liquidated, by. the, payment to the Treasurer by the. Board, on, the first days of Ja:Q.ual'Y and, ,July, ~ especti; vely, in every y.ear, of. a!'lum eq~ l to 'two; pOUIlds sevenjleen shillings and ten ", pence, for everyone hundred pounds of the said loan, and. such, sl1msshall, continue to be payable until the total amount of the, said: loan together. with the interest accruing thereon, have been so paid. > (3.) In each case the loan shaUbe advanced by instal. ments as the Wiorks are constructed to the satisfaction of. iheTreasurer. 52. Notwithstanding anything in this Act, con~ : tained, the Treasurei',may, from time to time-- ' ' Adjustments by Treas~ er. (a) Make' any adjustment ,which he considers neces~; sary to be made with respect to the term or terms of any loan or loans to the Board, 6r the, calculation of interest thereon, or wit'\l respect Prepayments ofloan ' moneys. to any othe:r.)nafter requiring adjustment; _, (b) Permitthe Board to payoff the whole ,Or ' ~ ny portion' of the'moneys advanced at any time before they become due, 'and in such'case the Board shall be entitled'to a proportionate rebate , of interest to be ,adjusted by the Tre~ surer. (•: . Half·yearly 53. (1.) In the inonths of February and August astrareteamrsetnotb o e f respectively in every year, the Treasul'er shall cause to 'bet published. iiuDIfslfed III meuazerrCasiatemeiifsnowmg;wrtlrj'espect'

:WATEH: SUP.PLY. ,.10177 VI:- --- --- -- - -- - -- - - - - - - - ~ - ~ ~ ' . PaRT 1910. Rights in W(Z,ter, d:;c.,Act. LOaNS. -to the Board;. the amount of muney.which :is then overdue "arid in arrear, and alsothe tobai of the:, principal sum then ,remaining unpaid. .' , .' . (2S If thereafter. on the thirtietH day of April or the Power to '}1).irty-first ~ ay of Octobe~ , res1? ~ ctiyely . a~ Y p.art~ f·slich ; ~ ~ ~ ~ ~ : ~ ~ "money so overdue and In . arrear remarns' l1npard"th·e arrears. Treasurer may, by notification j:r;titbe Gazett~ ~ apppint a c- 1teceiv'er ,to' coUect on his., behalf and, pay to' the'fraasury "l' , . all ,or a'PY mon~ ys: fromtime: - to, timedue and owing to the ':BoJlrd to the amoJlut.stated' in such notification. ., 'iThereupon such Receiver shail~ from the date stated in:, such notification, u:iltir the amount aforesaid has been , e~ llected. 'be the :ollly person legally entitled tp receive' the revenues 'of the Board, and sball have all the powers . of the'Board with respectth tine levy, collection, and ,recovery 'of rates: arid other moneys, and shall be deemed ,·for"the purposes of this section to be a public accountant withi:q. the ,meaning of "The .Audit )I1cfof1874"*.or any Act amendbigorin substitution for that Act. , , " , - , '" , I • 54. For the. temporary accommodation of ·the ,Board, Boa~ d may : 1 °t'" may 0 b , ta" m advances by overdraf > t 0 • f currentaccou' n" t.' III oovbetardmrabfta. nk any bank or banks upon the eredit of its fund, but so ,th?-t the principal moneys owing on, o.verdraft do not at any t~ me exceed the sum, of one thousa!ld pounds. . ' , . PART VII..,... PART VII.-GENERAL PROVISIONS•. GENERaL PROVISIONS, 55. When at th~ time of tbe Crown grant,whensoever Watercours~ 'made, of any land under the sanction of any Act providirrg ~ ri: ~~ : ed. n ,for the alienatiqn of Crown lands, any watercourse, race, land not to . ~ , O1: : ',drain flows through or over the land so granted, or be obstructed. ,the bed or channel of any watercourse, race, or drain, or any dam or reservoir is upon the land so grallted, although ·no reservation or exception thereof is contained in such •Crown grant, no person shall obstruct, destroy, or'interfe.re , t- h~rewith except under the sanction of t,his Act or of some ,existing or future Act. Any person who- (a) Unlawfully obstructs, destroys, or interferes Penalty. . with the same shall; or , (b) Being the occupier of any land so granted., continues or fails to remove any such obstruc- tion or interference ~ hall, on every day during "38 Vie. No. 12; 'supra, page 18.

10178 WATER SUPPLY. PART VII.- - - - - - - - - - - - - - - - - - - - - - - - - - - GENII:RAL PROVISIONS. Rights in Water, crc., Act. 1 GEO. V. No. 25, which such obstruction or interference is con- tinued or not removed, after notice in writing to discontinue or to remove the same has been given to him by any authorised officer; be liable to a penalty not exceeding fifty pounds or to imprisonment for any peJ;iod not exc~ ding 'three months. Pollution of water in watercourses and lakes. 56. Any person who- (a) Throws or conveys, or causes or permits to be thrown or conveyed, any rubhish, dirt, filth, or' other noisome thing, or causes the water of any sink, sewer, or drain. or other filthy water belonging to him or under his control to run or be brought into any watercourse or lake; or (b) Conveys or discharges, or causes or permits to he conveyed or discharged into any water- course, lake, or artesian well, any sludge, mud~ earth, gravel, or other matter likely to pollute, obstruct, or interfere with the same; shall he liable to a penalty not exceeding fifty pounds or to imprisonment for any period not exceeding three months: Provided that in any gold field or mineral field the warden sitting in the Warden's Court may grant a pel'mit for the deposit of sludge, tailings, or other mining debris in such channels or watercourses a~ will in his opinion be the most suitable place for the disposal of the same. Ri!!htof entJ:;Y 57. The Crown, hy its authorised officers, may, in ttoo tphreevCenrotwn the exercise of the rig u '.ht of the Crown to the control of int.erference the water in watercourses and lakes, or for the purpose of wwaitthercourse. preventing the improper use or waste of water from any artesian well, to which this Act applies, enter upon any land ancl take such measures as may be thought fit for the conservation and regulation of such water and for its preservation from pollution, and for the protection of the bed, banks, and channels over or within which it flows or is contained, and may interfere summarily to prevent the undue, excessive, or illegal use, diversion, pollution, or waste of such water ()r iuterference with such bed, banks, or channel; and it shall not be necessary for the Crown to obtain an inJunction or other order of a court to entitle it to make such entry or to take such measures. Penalty. Any person who obstructs, impedes, or interferes with any such officer in entering upon any land or in taking any measures for any of the purposes aforesaid shall be liable to a penalty not exceeding fifty pounds or to imprisonment for any period not exceeding three months

WATEH SUPPLY. 10179 - - - - - - - - - - - - - - - - - - - - - - - = = PART VII.- 1910. Rights in Water, &c.,Act. GENERAL PROVisiONS. ----------------------------- 58. The Minister shall be entitled ill the name and Minister on behalf of the Crown to institute and maintain, by any ~ : : : r; ~ ~ eto authorised officer, any proceeding in any court of justice, proceedings. whether such proceeding is for any civil remedy or for the recovery or enforcement of any penalty, against any person or corporation for illegally diverting, taking, or polluting the water of any watercourse or lake, or improperly using or wasting the water from any artesian well, to which this Act applies, or for unlawfully inter- fering with t.he bed, banks, or channels of any water- course, lake, or any such artel'lian well. In such proceedings it shall not be necessary for the Minister to show that the Orown or the Minister or any person has sustained damage by such diversion, taking~ pollution, use, wasting, or interference, nor that the Crown or the Minister \s a riparian owner or otherwise entitled to the use or to the protection of the watercourse, lake, or well in question. But the Minister shall be entitled to judgment in his favour if it is proved that the water has been illegally diverted or taken or polluted or improperly used or wasted, or that the bed, banks, or channels have been unlawfully interfered with. And the Minister shall in the discretion of the court be emitled to the costs and expenses of the pr.oceedin~ ·s against the defendant. 59. (1.) When it is necessary to construct a ditch for Protection of ?:;:eol conveying water for the purposes of this Act through improved or occupied land, the shortest and most direct land.. route reasonably ~ practicable shall be taken upon which 5 s. 5 3 V 7. lC.No.34, the ditch can be constructed with an appropriate grade, so as to discharge the water at a point where it can be conveyed to and used upon the land where it is required. (2.) No improved or occupied land shall, without the written consent of the owner, be subjected to the burden of two or more ditches for conveying water across the land when the same purposes can. hp, reasonahly effected bv conveying in one ditch all the water required to be so conveyed. (j.) Provided that when a ditch has been construct.ed for the said purpose, and it is desired to convey a larger. quantity of water across the land, the owner of the ditch shall be bound to allow it to be enlarged and used by any other person or a Board, upon payment of a reasonable proportion of the cost of construction of the ditch.

wATER SUPPLY. PARTVII.- - - " - '- ' -" - -"- ~~~ ~~~ ~-- --- --- --~ -~ - - (lIllNERAL, f>aovISIONS. . Rights' in 'Water; &c.,' Act. 1 GEO. V. No. 25, Ac W orn h es e it r fi e t,unteod; ' •c . onst 6 it 0 ut . e . d( l. a)n' , dUnaleBsosaradndis ucnontisltiatutWedattehrerSefuoprpulyndAerreathiiss ClOwn takes Act, the Minister .shall with respect to every part of the the duties. State have all the rights, powers; and authorities conferred by this Act upon aBoard. When no , •{2:) The Minister may and shall; with respect to any cBoonasrtdituisted, Ar~ a for 'whiC'n no Board has. been constituted,have, Crown takes enjoy, p~ rforrh~ and be slibjecttoall the powers; authori- the duties... ties; 'duties, and' .obligations which' a. Board would have had, enjoyed, perforfAed~ 6f:. been; ~ iable tourider this Act had a Board been constituted for :the said Area:; And' for Su.ch' p~ rpo~ eheshall' cause properacc?unts to he opened and kept of, all moneys received and expended, including loim ,.moneys;' (if· any) for t~ e purposes cif the"Area' in quest~ on; Effect of ,61. (lJ Every Order in QouIlcil 1Il~d~ 0 uI1d~ c. tAi$ g~ ~ ~ ~ ~ l~ n Act shall be judicially noticed, and sIlall ha,ve the's~ me 55 Vic.No.34, effect as if the' provisions thereof were included in this ss. 32, 33. Act. . Alteration of (2.) Any such Order in Council may be rescinded or g~ ~ ::l:n varied by the Governor in Council by a subsequent Order in Council. Formal defects. (3.) An Order purporting to be made under this Act shall not .b y questioned on account of any non-compliance with any of the matters required. by this .Act. as 'pre- liminary to such Order. . . ' .' . , _ . " . Any misnomer, in.accurate description,or omission . in an Order ~hal1 not in anywise suspend or impair the operation of this Act with respect to the matter so misdescribed or omitted. Delegation of, 62. The Governor in Council may, from time to time, t~ : : rs to by Order in Council, delegate to any Local Authority, on Authority. such conditions as he thinks fit, the' right to use water from any watercourse, waterfall, lake, or artesian well for the purpose of generating eleetricity for lighting or motive . powe~ . Private 63. The Governor in Council may, by Order in bbPyeereGsmoonpvsoewmrneaoryer a b Cuosu ' mnceisls, 0 a f u ' tShUoprpis 1 ye . Inagn. yw ' paetresronto deexse " irrCouIs . se oaf 11 utn h edeprtoawkeinrsg atnh d e itno C e ou x n?il e . r au C thor I it s ies e he . r , eby conferred upon Boards so far as . reo 0 -ards powers of takmg water from watercourses and lakes and artesIan wells : ~ Vi~ ~ No. 34, a?d constructing and maintai~ing works for the dist~ ibu- 8.31. ' tlOn. of the water for th-e watermg of stock and for agrICul- tural and irrigation purp'c>ses; and any person so authorised

'VATER SUPPLY. 10181 --------------'------------PART ViI.'- 1910. Rights in Warter, &c., Ad. GENERAL PROVISIONS. ··shall have and may exercise all such powers, and' shall be ,subject to such liabilities and obligations, hereby conferred ,.and imposed on Boards with respect to the same matters respectively as are prescribed by the said Order. 64. Notwithstanding anything in this Act, the Power ~ o ' '. M. : ' I"nlSter may,subJ' ect to suc1 1 condOI tI' Ons as he th-' Inks fit" fgorrancterrtiagihnts ::gl'ant to any persoil or company the right to use the water purposes. ,from any watercourse, waterfall, lake, or' ~ rtesian well -outside a gold field _or'mineral field ' for· ; th~ purpose of- (a) Generating electricity for lighting, to be used . for the purpQs;eof and hI connection with the business of such person or company; and .(b) Driving any machinery used for any agri- cultural, industrial, or manufacturing purpose other than the generatjon or storage of electricity ~ . 65. Except where otherwise provided by this Act, Appli. cat~ on . - .a11 the prOV.IS.Ions of. t1le Pl'' lnCI.pa I _ Act, so f ar as t he same oAfcPt.rlllClpal ..are applicable, shall extend and apply to the lands, works, persons, matters, and things to which this Act relates, and to the jurisdiction, business, and funds of the Board; and ..acts and defaults which are punishable under the Principal -Act when done or eommitted with respect to matters and -things thereunder shaH' be similarly punishable when done or committed with respect to the like matters and .things under this Act. ; 66. (1.) The Governor in Council may, from time to Regulations. -time, make regulations providing for all or any purposes -whether general o~ to meet particular cases- that may be -convenient for the administration of this Act or that may _be necessary or expedient to carry out the objects and purposes of this Act, and, where there may bE; in this Act _HO provision or. no sufficient provision in respect of any •matter or thing necessary or expedient to give full effect to this Act, providing for and supplying such omission cor insufficiency, and, without prejudiee to the foregoing powers, providing for all or any of. the matters following, ,that is to say,- (i.) Prescribing and defining the manner of doing or performing any act or thing under or for the purposes of this Act, and the time when or within which it shall be done' or performed; • *

10182 WATER SUPPLY. PART VII.- - - - - - - - - - - - - - - - - - . - - - - - - - - - - GENERAL PROVISIONS. Rights in Water, &c., Act. 1 GEO. V. No. 25, (ii.) Prescribing forms of books, documents, instru- ments, petitions, applications, and writings~ and the conditions, stipulations, reservations, and exceptions that shall be inserted or that shall be implied in leases, licenses, and other instruments; (iii,) Prescribing the mode of proof of matters required to be proved under or for the purposes: of this Act, and for facilitating such proof; (iv.) Regulating and controlling the exercise of rights for the purpose of seeuring thetrans- mission of water in part or wholly supplied from any works of water supply constructed by the State or any Local Authority, Water Authority, Water Supply Board, or other local body to owners or occupiers of land adjoining the banks of any watercourse or lake who may have purchased or who may hereafter purehase water from such works, and to all other purchasers of water from such works without any diversion or interference by any inter- mediate owner or occupier of lands adjoining such banks: Provided that such regulations shull be so framed as to preserve the rights of such intermediate owners or occupiers to so much water as they would have been entitled to but for the existence of such State or public works of water supply; (v.) The furnishing of information and returns by owners and occupiers, containing particulars with respect to artesian wells and borings and other works for water supply or in quest of water commenced, constructed, or abandoned, whether before or after the commencement of this Act, and the inspection by authorised officers of all such wells, borings, and works; (vi.) Regulating public watering-places and pro- claimed water reserves and camping reserves and works thereon, and the use of the land and of the water, in eases not otherwise pro- vided for by law; (vii.) Pre:scribing the fees, rates, and charges (if any) payable in respect of the several matters for • which by this Act they may be imposed as hereinbefore mentioned, and the levying and collecting the same.

WATER SUPPLY. 10183 - - - - - -- - - - - - - - - - - ~ ~ - - - - PABTVII.- 1910. Rights in Water, &le., Act. GENERAL PJWVISIONS. ------------------------- (2.) The regulations shall, upon pUblication in the Gazeite, have the same force as if they were enacted in this Act, and shall not be questioned in any proceeding whatsoever. (3.) A. copy of all such regulations shall be laid before Parliament within. fourteen days from the publication thereof if Parliament is then sitting, and, if it is not then sitting, within fourteen days from the commencement of the next session. (4.) Any person who offends against any l'egulation Oil' ~ nees relating to any public watering-place, or proclaimed water~ :: ~ On8. l'e~ erve, or camping reserve may be apprehended by a police constable or by any authorised officer, and shall be liable to a penalty not exceeding ten pounds. . A.ny person who offends against any regulation shal1, save as is in this Act otherwise provided, be liable toa penalty not exceeding fifty pounds. 67. Nothing in this Act shall affect the right to the rseo~ ~ater use of water under" The Mining Act of 189b"* : p: ' : Ol~ ~ ~ g Provided that water rights for the generation of electric power for any other purpose than the applicant's own use shall not be granted under that Act. .. 62 Vic.JSo. 24, 8upra, page 6609.