Roads Act 1888 Amendment Act 1894 (WA)

446  58 VICTORLE. No. 17

Roads Act, 1888—Amendment

WESTERN AUSTRALIA

ANNO WINQUAGESIMO OCTAVO

VICTORLE BEGIN-2E

No. 17

An Act to amend The Roads Act, 1888.'

[Assented to 8th November, 1894.

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 Queen's Most Excellent Majesty, by and with

Short title	1. This Act may be cited for all purposes as ' The Roads Act, 1888, Amendment Act, 1894,' and shall be incorporated with and read as part of ' The Roads Act, 1888.'
Repeal of seetio/	2. Section ninety-seven of ' The Roads Act, 1888,' is hereby re- A certificate of sale of any rateable land, according to the form in Schedule I of the said Act, shall be made out by the person directed in the order of Court to sell the same, and shall be given by him to the purchaser ; and the Registrar of Titles, notwithstanding any of the provisions of ' The Transfer of Land Act, 1893,' on the application in writing of the purchaser, and on production of the said certificate of sale and of an office copy of the said order, shall, after ascertaining the Correct boundaries of the land sold, and that it has been alienated by the Crown, bring the same under the operation of the said Transfer of Land Act, without advertisement, by issuing to such purchaser a certificate of title as the proprietor in fee ; or if such land be already under the operation of the last-mentioned Act, then the said Registrar shall register the certificate of sale in like manner as a transfer of the land therein mentioned. The purchaser of any such land as aforesaid shall pay to the said Registrar all such fees as he would be entitled to demand and receive in the case of an applicant or transferee. -
97 of 52 Vie.,
No. 16	pealed, and the following section is substituted in lieu thereof :-

Amendment of	3. The words or leased by the Crown for pastoral purposes,'
section 3 of

52 Vie,, No. 16

occurring in section three, sub-section (2), of The Roads Act, 1888,'

are hereby repealed.

Rateable valise

4. The net annual value of all lands leased from the Crown shall, notwithstanding any of the provisions of ' The Roads Act, 1888,' and whether occupied or unoccupied, be taken to be the annual rent pay- able to the Crown by the lessee thereof.

of lands leased

from the Crown

The manager or	5. (1) The manager or superintendent of any owner of rateable
superintendent

of all owner	property within the limits of any district shall, in case the owner or
entitled to be DTI	one of the owners shall not reside upon any part of the property, be
electoral list in
certain eases	entitled to have his name inserted upon the electoral list for such district as an occupier, and be qualified to be a voter, and to be a member of a Board.

58 VICTORIA. No. 17

Roads Act, 1888—Amendment

(2) Such manager or superintendent shall be entitled as afore- said, notwithstanding he has not paid any rates assessed by the Board upon the property, provided all such rates (if any) have been paid up to the thirtieth day of June preceding the making up of the electoral list.

6. The Governor may, from time to time, place under the tempo- Governor may

racy or permanent management and control of a board any public

reserves or any public works, buildings, erections, machines, imple- control of a

ments, wells, tanks, dams, reservoirs, or other things which have been Board,

constructed, purchased, or provided out of public funds : Provided that the Governor may at any time direct that such management and control shall cease and determine.

7. The Governor may, from time to time, cause to be placed to the Governor may

credit of a Board, for the purpose of any specific object within the "i'„BotZoliikara

district, any sum of money out of the moneys appropriated by Parlia- for specific

ment for such objects ; and such sum shall not be deemed to be objects

ordinary income of the Board : Provided that in every such case a

separate detailed account of the expenditure incurred by the Board

upon such specific object shall, from time to time and whenever

required, be furnished to the Minister for Public Works.

tanks, dams, reservoirs, and wells, and to bore for water for the pm- • and jtls,torttraest 8. The Board shall have power to construct, sink, and maintain Doord may eon-

pose of providing a water supply along any line of road in the district, &U., and impose

and may impose and fix the rates to be paid for water, and regulate rates for water

the supply and distribution thereof to the public.

9. The Board may, from time to time, make, publish, alter, Board may

modify, amend, or repeal by-laws with respect to any of the following make bPlaws

matters :-

(a) For regulating the management and use of any public reserve or common under the control of the Board, and the rights and privileges to be enjoyed by the inhabi- tants of the district, or other persons, over such reserve or common respectively.

(b) Prescribing the fees and charges to be paid for grazing stock on any such reserve or common, and providing for the collection and enforcing payment of such fees and charges.

(c) For preventing the pollution of water-courses, pools, wells, dams, tanks, reservoirs, or other public waters within the district of the Board.

(d) For regulating the supply and distribution of water at any public well, bore, or place formed for the storage of water, and under the control of the Board, and imposing, collecting, and enforcing payment of rates therefor by consumers.

(e) For the prevention of injury and damage . to any public well, bore, or other place as aforesaid, and the machinery, appliances, and property used in connection therewith.

10. (1) El cry person who shall damage or destroy Penalties

(a) Any frame on which is exhibited any by-laws of a Board

or particulars of such by-laws ; or

58 VICTORIIE. No. 17

Roads Act, 1888—Amendment

(b) Any windlass, rope, chain, bucket, troughing, framing, windmill, machinery, appliances, or property on or be- longing to or used in connection with any public well, bore, or other place formed for the storage of water, and under the control of the Board, shall be liable, on conviction, to a penalty not exceeding Twenty pounds, and may be ordered by the convicting justices to pay to the Board the costs and expenses of making good such damage or replacing the property destroyed ; and

(2) Every person who shall deface or obliterate any by-laws or particulars so exhibited shall be liable, on conviction, to a penalty not exceeding Five pounds.

Amendment of	11. Section nine of ' The Roads Act, 1888,' is hereby amended by
'Section 0 of

' Roads Act, omitting the words `within the district' in the first line thereof.

18SS' ALEX. C. ONSLOW,

GOVERNOR'S DEPUTY.