River Torrens Improvement Act 1869 (SA)

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No. 13.

An Act to provide for the l'irprevemt of the Riucr Tomem. .

[Amented to, Dth February, 1870.1

33" VICTORIA$ No. 13.

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shcrt of water formed by the erection of the said dam, together withh

ihr brtnlis and approaches of the said river.

aorporlttion to bnrr

5. The said Corporation, for all pur oses of this Act, shall have

oontrol of the dam,

tlrc cnrc, control, and management o p

the wid dam when erected,

tha wetors farmod

thoreby, and the

and thc waters impounded by such dam,

ohwp of rhs river,

G. In tlic event of the Corporation not exercising the powers rlrrrirllrcfore gmnted of issuing the bonds or of erecting the said

In the @vent 6lt.be '

Corlraration not

build-

ing tho

power

(lam out of thc funds obtained tl~ereby,

the said Corporation may

ma be givwato iothsr~

tO

d' Omr

,"

(wmt to any company ox other person, tho right to construct dams

thr tllc rctcntion and formation o f sheets of water on the said River 'l'nrrcns, in the same mnnner W the said Couucil i s empowered to

~ r i s t r u c t

the same, by the

Municipal Corporations Act, 186l."

And may grant

7. Thc comcrraiicy of thc said sheets of watcr, ancl the lands given

right6 of em;&&

to the control, care, and rnmngemcnt of the said Corporation under

buildings, h,

k,

this Act, shall be vested in the said Coqporation, ancl the Corporation

0thsnl

i grant esclusive rights of erecting sheds, boat-lmiaes, stands,

I:lntlingstagcs, and other liecessary buildings, to such company or

prsons, as they shall deem expedient, and may assign to and confer

up11 m y such company or persons all or any of the rights and

pui\-ers granted to them by this Act, subject to the bylaws and rcgnlntions to be made under this Act, and may issue licences for t lw usc of the same, and may receive and collect, and permit to bo rcrcivcd and collected by a n i such company or person& reasonable tolls, fares, or charges, upon such terms and conditions as sl~all be proridcd in the by-hrvs &d regulations oficcting the same, which may be made under this Act : Provided that such licences shall not

bc granted for any period evceeding fourteen years.

9. The sdd Corporation shall have the exclusive light ovcr, and ~ ~ ~ ~ $ " f: ~ ~ ~ n d

control

of

the fishedes in the said wstem, ancl shnll be es titlocl lto may h u e liceno01 lot

*.

grant and assign to aiiy company or persous, the right of fishing and %~hirr&

angling therein, a11d may gmnt permission to such company or

persons to demand and receive money and foes for licences to fish in

tllc said waters, s~xbject

to the regulations in force respecting sncl~

fishtries:

Provided that it sl~nll

not be lawful for the said Corpora*

tioo, or m y company or o~her

persons, to take or catch fish by

l

m c m of any seine, net, weir, or night line; and any person without such licence, or the permission of the said Corporation,

first obtained in writing, catching, or attempting to catch any

fish, or otherwise angling in the said River 'Iorrcns, within the boun(1ayies of the said City of Adelaide, shall be liable, on conriciion, to a penalty of not les~ than Five Shillink nor more

h n Five Pounds; md any peram conviotccl -of fishmg in tho

laid waters with any seine, net, weir, or night line, shall be liable to a penalty of not less than Five Pounds, nor more than Twenty Pan&.

9. Nothing herein contained hall extend or be conatrued to ex* gavbg a

4ikb 04

L

ten& "

8aving af righb of

watar, and other

10. Sothing contained ip this A d shall exonerate the said Corm

prtvilegea.

poration of Adelaide from being liable for any injury or damage

which shall happen or arise thsough ox from the construction of the said dam, or through or from the bursting of the said dam, or through or from the reteiltion and storing of the snid waters by means of the snid dam, or through or from any other cause %hats+ eves* in connexion with the construction of and retention of the water by means of the said dam; and nothing in this Act shd prejudice, take anmy, lessen, abridge, rlamoge, or alter any estate, right o f property, privilege, easement, rights of water, or other rights, advantages, or interests, ~vlmtsoever, held, possessed, enjoyed, or exercised, by any body or person into, upon, or over any part of the snid river, or of the shores and banks thereof; and full corn-

.

pensation shall be made by the said Corpomtion of Adelaide, and any company or persons holding any rights under the mid Corpora*

tion by virtue of this Act, to all persons sustaining any damage by

reason of the exercise of any of the povvers of this Act, to be

recovered by any such persons in the ordinary course of law.

'

V-hwa to b ~ d e.

11. Subject to the laws in force for the making of b ~ l a w g,

the said

Corporation may make such by-laws for regulating the granting of orivileges, right$, or licences in and over the said dam and waters bnc~ adjoining lands; and for determining the rent, price, or fee at or for which the same may be granted to any company or persons applying for such privileges, sights, or licences; and for regulating and

jacent lands may be uscd by the holder o f any such privilege, rbht, or

defining the manner in which the snid dam and the said waters and ad-

licence; and for authorizing the erection of boat-houses, she S, and 9

other buildings; for regnlating the tolla, fares, or charges to be

payable by the public; for providing as to the mmns of access for

the public to thq laniling-stages, stands, and boat-houses upon the said

river; for regulating the rights and privilege8 of m y such company

,

or pers i s as to the admission of the p u b l ~ to any stands, stages, booths, or other buildhgs; and for regulating the tolls, fms, and chnrpes to be paid for the same ; and for regulating the fishing or

anglmg in and upon the snid ~vnters ; and for providing for such

mattcrs as may nppettr expedient for maintaining orcler, nnd p m

moting the pnblic convenience in wing the said waters arid ~djacent

lands:

Ancl all such by-lnws may be, from time to time, mndo

C

altered, and varied, as to the said Corporation may seem meet ; and by my such bplarvs any penalty which may be deemed requisite fm

0

the enforcement of said by-lam, not exceeding that prescribed by

the Muuicipal Corporations Act of 1861.

U

32, Xaaa

80.

2.-Qi~e

acre past of 1h8 City Bridge, $out!& side ofaiver.

All that portion of land includcd by a line commencing at a point in the can

thc Riwr 'i'orren~, formed by the intersection of n line drawn in prolongation o

d

lower line of fencing on tlm east side of the City Bridge Road, on the South

Lands, with the centre of the Rh& Torrcns; thence in a line to the east, along centre of the River Torrcns, for 200 feet; thence in a lino to the soul

thence in P line to the west, 209 feet; and tbencc in a line to the north,

the point of commcncernent ;

containing one a m, little more or less.

,

No. 3,-One

acre m a t 6f Morphell-alrcct, South aido of

River.

.

All that portinn of land included by n line commencing at a point in the centre of

the River Torrens, aixtg-six feet east of the ccntre of Norphett-strcet Bridge ; thence

in a line bearing north fifty ilcgrces cast, along the contrc of !he Itiver Torrena, fox

218 feet; thence in a line to thc south, 330 fect ;

thence in a line to tha west, 209

h e t; and thcncc in n lino to the north, 200 feet, to the point of commencement ; con-

taining one acre two roods ancl thirteen perches, little more or Iess.

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