S E Drainage Act 1877 (SA)

No. 85.

An Act to amend The 8outh-Bustern Draigzaye Act, 1875."

[Assented to, 21st December, 18'77.1

HEREAS it is desirable to amend "The South-Eastern Preambla.

Drainage Act, 1875"-Be it therefore Enacted by the

Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1, Clauses 12, 13, and 26 of " The South-Eastern Drainage Act, Repeal,

1875," are hereby repealed: Provided that nothing herein con-

tained shall affect the validity of any act or thing lawfully done

the meaning asssigned to the word '' Commissioner " in the said " The South-Eastern Ilrainnge Act, 1875," the word ((Co~nmissioner " shall mean the Commissioner of Crown Lands and Immigration, or other

or made under the said clauses of the said Act.

2. This Act may be cited as " The South-Eastern Drainagc Shod titl,

Amendment Act, 1877."

3. This Act and " The South-Eastern Drainage Act, 1876," ex- ~ ~ ~ ~ ~ ~ t i ~ .

cept so far as the same is altered by this Act, shall bc incorporated

and construed together.

4. h addition to the meaning assigned to the words " Public Interpretation,

Drains" in the South-Eastern Drainage Act, 1875, the words

" Public Drains" shall extend to and include natural and artificial

rivers, creeks, channels, and conductors used by the Commissioner

or by any Drainage Board for drainage purposes; and in lieu of

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The Soz~th-Eastern Drainage Amendment Act.--1 877.

other Responsible Minister of the Department of Government having

control of the Public Drains and Drainage Works.

Publiodrainsmaybe 5. The Governor may, by Proclamation in the Gove~nmcnt

proclaimed main

drains. Main druins Gazette, constitute and declare any public drain to be a main

drain; and from and after the publication of such Proclamation as

to

the Commissioner. mintdned by

aforesaid such main drain shall be under thc care and management of and shall be thoroughly cleansed, repaired, and maintaincci in a due state of efficiency by and at the expense of the Commissioncr.

Drainage Board to	6. Each Ilrainagc Board shall have the care, control, and manage- ment of all public drains, not proclaimed main drains: as hercinbcfore provided, and all drainage works within thc district which the Govcrnor may, from time to timc, by Proclamation published in the Government Gazette, makc, subjcct to the care, control, and manage- ment of such Board, or which shall be constructcd, completed, or otherwise acquired by such Board; and all such public drains and drainage works shall be thoroughly cleansed, repaired, and main- tained in a due state of efficiency by and a t the expense of such Drainagc Board.
drains.
Constitution of	7. The Drainagc Board for cach lhainage Uistrict shall consist District, whose names may appca? upon the assessment book, as provided by clause 35 of the said " The South-Eastern Drainage Act," in a similar rnznner in all respects as the mcm- bers of' a District Council are elected, and cach Board shai! be called by the name of the District for which i t is appointed, but sub- stituting for the word '& Distric?" tllc word "Board." Each Drainage Board shall be a body corporate with perpetual succession and a common seal, haling a capacity to hold lands for all the purposes of this Act.
Draioage Board.	of five members, to be elected by the ratepayers of cach Drainage
When election of	8. The first election of members for thc Drainage Board of any July, 1878, or so soon after as circumetanccs shall permit; but the annual election shall be held ox the first Monday in July in each year, and the -first annual election shall be held in the month of July, 1878.
Drn'nngo

maintain other public

held. to District heretofore prwlairned shall be held on tlic first Monday of

Edsting Boards to be 9. From and after the said first election of members for any

8boliehed.	Drainage Board to be held on the first Monday of July, 1818, as aforesaid, every Drainag~ Board of any Drainage Ijistrict heretofore appointed shall be abolished, and its powers and autho~ities shall absolutely determine; and if from any cause whatever any Drainage Board heretofore appointed or hereafter to bc dcclarecl shall be unable or unwilling to act, or if any Board shall not for any cause be duly ckcted, then and in any such case all the powers, authorities, rights, remedies, and privileges imposed or eonfcrred upon any such +
Board by this Act or the sniil " The South-Eastcm Drainage Act,
1875," sl~tll, during the time that any such Board shall be unable

or

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The South-Eccatm~ 23rai.nugc Amendment Act.-1877.

or unwilling to act, or during such time as any such Board shall remain unelected as aforesaid, be imposed and conferred upon and shall be excrcisable by the Commissioner.

10. Any person residing in and being a ratepayer of any Drainage Qualification of

District shall be qualified to be a member of thc Drainagc Board of member Board, and of Urainage penalty

such district; and any person so qualified, who having been duly fornot acting.

elected as a member of any Drainngc Eoard, shall refuse to take

upon himself the office of member of any Drainage District, and to

act in the same, or who shall neglect so to do for three consecutive

ordinary meetings of such Urainage Uoasd after his election; and

any qualified person who shall have taken upon l~iniself thc office

of a member of any Drainage Board, a i d who shall resign snch

office, or shall absent himself witho~zt reasonable cause and without

the licence of thc District Council from three consecutive ordinary

meetings of thc Drainage Board, shall be liable to a penalty of

Twenty Pounds.

11. In addition to thc powers and authorities vested in the Drainage Boards to 3, have all powers vested

Drainage Board by " The South-Eastcm Drainage Act, 1875,	District
the Dminn~e Board shall, in all parts of a Drainage District which are not w~tllin the boundaries of a District Council, eonstitutcci undcr G The District Couiicils Act, 1876," have a n d eswcise all powers and authorities vestcd in District Coui~cils under the last- mentioned Act, in the same ancl as full a manner as if the Dra ina~e
District had bccn constituted a district under the said U The Ihs- trict Councils Act, 1876," or any Act amoncling the same, and thc Drainage Board were the Couiluil thereof; and fol: the purpose of enabling the Drainage Board to exercise the said powers and autho- rities, tlw following portions of " The District Conncils Act, 1876," that is to say, sections 16 to 32 inclusive, 39 to 118 inclusive, 160, 1G1, 163, 164, 165, 169, 170, l72 to 179 inclusive, ancl 200 to 217 inclusive arc hereby incorporated with this Act, and for the purposes of such incorporation shall be read and construed	as if the words " Drainage Board" txnd " hXcmbers of Draixlagc	Boards " were insertcd therein instead of " District Council " and
"Councillor" respectively, and as if the word '(Auditor " was

omi ttcd thcrcfrom.

12. Every Drainage District shall be entitled to have and sl~all DDrnng~ District m-

give at every clection of thc Local Board of Main Roads for the titled to vote for Vic-

Victoria District one %ate for each person nominatecl for member of ljonrd, and to be dis. trict within " Dog

A,.,)

thc Board for such district; but ia case the rateable property of Ten Thousand Pounds after the first Ten Thousand Pounds: Pro- vided that no Drainage District shall be entitled t o more than tvo votes for any person hminatcd: And my Drainage District, wllen constituted and clec1,zrccl by Proc1aiuat;ion as aforesaid, shall be a

such Drainage District sllall hp asscssed at the annual value of more

than Ten Thousand Pounds, then such district shall be entitled to

an additional vote for each person nominated in respect of every Tea

District

4

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The South-Eastem Drainage Amendment Act.-1 877.

District for all purposes under	The Dog Act, 1867," or any Act
amending the same.

Roads to be under

care of Drainage	13. All streets or roads in any township or village which shall have been dedicated to the public within a Drainage District of which dedication five years uninterrupted use of such street or road
Board.
by the public after the laying out of any such township or village
shall be evidence, shall until the same shall be or become main roads and all athex district roads within any Drainage District, be under the care and management and subject to the control and direction of the Drainage Board for the District within which such
roads are situate.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DEUMMOND JERVOIS, Governor,

L^-

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Adelaide : By authority, W. C. Cox, Government Printer, North-topace.