River Torrens Improvement Act 1872 (SA)

ANNO TRICESIMO QUINTO

No. 8.

Ata Act to amend the

River Towens improvement Act, 1869-70."

[Assented to, 25th April, 18'72.1

W HEREAS' it is desirable to amend the LIRiver Torrens Preamble. Improvement Act, 1869-70," so as to ellable the Corporation of the City of Adelaide to give greater facilities for the construction of a dam across the said river, and to grant leases of such dam, and of the said river, within the inunicipal bo~~ndaries-Be it therefore Enacted by the Governor of the Province of South Austrzlia, with the advice and consent of the Legislathe Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. Clauses 6 and 7 of the said Act are hereby repealed. Repeal.

2. In the event of the Corporation of the City of Adelaide not In 3 ~ u n t of corpora-

tion not erecting dam,

exercising the powers conferred on them by the said Act, of issuing

bonds and erecting a dam across the River Torrens, out of the to others to do so.	Corporation may
funds obtained thereby, the said Corporation may grant to any 1	case dam and rivcr.
company or other person or persons, upon such terms and condi- tions as the City Council may think expedient, the right to con- struct such darn. and to perform and carrv out all such works on the said river a; may bc \eceesary therefo;, or in connexion there- with, and may, from timc to time, lcxse to any such corn~any or
other person or persons, for any term not exceeding fourteen years,
the said dam, when the same shall. have been so erected, together with the bed and banks of the said river, within the limits of the said City, as mentioned in the Schedule to the Said Act, and, from
time to time, to accept surrenders of such lease or leases.

H 3. Thc

24 33" VICTORIJE, No. 8.

The River Towens Irnprovemen t Act-1 872.

Co~ditions	of lease.	3. The said lcase shall hc yanted upou a id subject to such terms and conditions as to the amount and pa>yment of 'ent, and with such rights as to the buildin$ erecting, and placing of sheds, boathouses, stands, landing-stages, and other bnildin~s 011 the banks a i d shores of the sa~d river, and upon the portions of the Government reserves or lands mentioned in the Sclied~~le to the said Act; and with such powers for the issue of licences for the use of tlie same shcds, b{mtlzouscs, stands, landingstages and buildinps; and for plying in boats on the water so imljounded as aforesad, and for imposing tolls, Ewes, or charges in respcct thereof or relation thereto as to the said Corporation may seem fit; and ill
any such lease any otllcr clauses, powers, p~ovisions, or limit t' a ~ o m
may be inserted, wllich may he consitlerctl ncccss:xy for the managemei-nt or nlai~ltenance of tlie said ki;m aid the waters thereby impounded, and the banks, approaches, and reserves of the said river, zzud the erections and buildings tllereon.

NO scwage t o ba 4. From and after the completion of such claal, and after n lease thereof sllall have been granted as nf~rcs:~id,

emptied into the	no filth, sewage, e,pr
river.

other off'ensive matter shall be discharged from any sewer or drum,

or otherwise emptied or deposited in the said river, above the said

dam at any point withill the boundaries of the City of Ade1:ricle; and any persou who s l d l offend against this clause or against any by-law which shall be made by the said Corporation unclcr this or the said " River Torrens Iir~prove~iient Act, 1869-70," sllall forfeit

and pay a S L I ~ not more than Two Pox~nds for every olfcncc, awl

for every day during which such offence shall B2 continued.

Pendty for boating

on river after lease 5. From rtud after the completion of such dam and during the

granted.	continuance of any lease thereof, ariy person or persons who s l i d without the conseut of the lessee or lessees, for the time bcing, make use of the said river above the said clam at any point ~v i t lm
the boundaries of the said City for the purpose of sailing+, rowing,
forfeit and pay a sum of not niorc than Two Pmlnds for every such or otlierwise propelling any boat, barge, or vessel tllcreon, shall offence.

Proceedings t o be 6. Every proceeding undcr this Act against licensed or unlicensed

heard and determined persons, for omissions, defaults, neglects, acts, or offknces, to which	under Ordinance No.
6 of 1850. forfeitures or other penalties attach, shall be heard and determined

in a summary way by any Special Magistrate or two Justices, under

the provisiohs of an Ordinance of the Governor and Legislature, KO. 6, of 1850, To facilitate the performance of the duties of Justices of the Peace out of' Sessions, with respect to Sunlrnary Con- victions and Orders," or of any Act hereafter to be i n force, relating to the duties of Justices of the Peace, with respect to summary convictions and orders, and all convictions and orders may be enforced as in the said Ordinance is mentioned. And in every case of the adjudication of a pecuniary penalty under this present Act, or the saidGRiver Torrens Improvement Act,1869-70," and the non-payment thereof', together with the costs (if the costs have been awarded),

it

" 35" VICTORIB, No. 8, -- p- 25

The 12ivc.r Towens Improwemerit Act.--1872.

it s l d l be lawful for the convicting Justices or Special Magistrate to comiiit the offender to any gaol xn the said Province, fbr a term not excecdiiig three calendar months;witll or witbout hard labor, such imprisonment to cease on the payment of the sum due, and such corlviction may be in the form contained in Schcddc T to the

said Ordinance No. 6 of 1850.

7. Except so fL as the same is inconsistent with this ,4ct, 'c The Comolidntion.

River Torrens Hilrprovement Act, 1869-70," shall be incorporated

nnd read herewitli as one Act.

I n the namc and oil behalf sf I3cr Majesty, I hereby

assent to this Bill.

JAMES FERGUSSON, Governor.

- .-

Adelaide: By nuthority, W. C. Cox,