S E Drainage Act 1878 (SA)

AKNO QUAIIRAGESIMO PRIM0 ET QUADRAGESIMO

SECTJNDO

A.D. 1878.

No, 104.

A n Act to consolidate a?zd amemi 1Ae South-Eastern Drainage Act,

1675," nr,d	T?tc 80outJt-Zastcm Dmimye Arnendm~nt
Act, 1877."

[Assented to, 22ncl October, 1878.1

HEREAS it is exp~dient to consolidate and ameiid " The Preamble.

E&em Drainage Aniendrnent Act, 187 7 "-Be it thzreforc Enacted	W South-Eastern Drainage Act, 1375," and "'L.11o South-
by the Governor of tlic Province of South Australia, with tllc advicc and consent of the Legislativcx Council and liouse of Assembly of the said province, in this present Yarliament assembled, as follows:

1. This Act may be cited for all purposes as " The South-Eastern Short title.

104-8

Drainage Act, 1878."

2. The words " main drains" shall extend to and include all Intclyretation clause.

natural and artificial rivers, streams, civelis, canals, channels, conductors, watcrcourscs, drains, ditches, and outfalls of water heretofore used or constructed in the South-Eastern District, for the drainage or irrigation of any lard thercin:

The	words drainage works" shall extend to and include all
walls, banks, tunnels, bridges, culverts, crossings, fords, roads,
banks, dams, weirs, falls, races, by-washes, sluices, hatches, locks, fences, irrigation works, or works of construction on, or belonging to, or connected with the public drttins:
The	words "district drains" shall extend to and include all chdnnels, conductors, drains, and watercourses in any Drainage District mildc eitl-icr wholly or in part by the Com- missioner or by any Drainage Board, and not proclaimed
main drains: The

41" & 42" VICTORIB, No. 104.

The 8outh-Eastem Drainage Act.--1 878.

The word G owner," except where it is otherwise defined in the

provision relating to rating, shall have the same meaning as

it has in The Lands Clauses Consolidation Act":

The word Commissioner" shall mean the Commissioiler of Crown Lands and Immigration, or other Responsible Minister of the Department of Government having control of the main drains and drainage works:

The word c"atepaycr" shall mean the occupier of rateable property, or the owner of unoccupied ratcable property:

The words "rateable property" shall extend to all buildings, lands, tenements, and hercditaments, but the following, namely, waste lands of the Crown; land the property of the Crown md used for any public purpose; churches, chapels, places for religious worship, any academical insti- tutions which shall have obtained an Act of Incorporation, licensed schools, or schools deriving air! from Government; public buildings and lands appropriaied 01% hcld upon trust for any charitable or public purpose, or reserved or sct apart for the benefit of the aborigines of the said province.

Repeal. 3. '(The South-Eastern Drainage Act, 1875," and The South-

Eastern Drainage Amendment Act, 1877," are hereby repealed: Provided that nothing herein contained shall affect thc validity of any act or thing lawfully done or aade under the s a d Acts, or of any bylaws made in pursuance thereof, or prevent any penalty being imposed, enforced, or recovered, or any punishment beirrg inflicted for any offence hcretofore committed against the said Acts.

4. All the Drainage Districts now existing, and heretofore con- stituted, declared. and designated under the said repealed Acts, shall be and continue Drttinagc Districts under and subjcct to the provisions of this Act, and all members of Drainage Boards, auditors, officers, collectors, and servants or other persons appointed, elected, or holding any office under or by virtue of the

~rc,viaions	as to exist-
ing Boards.

and subject to the provisions of this Act until their successors	said repealed Acts, shall continue in and hold such offices under	be appointed or elected; and all procwdings borztl Jide commenced and prosecuted, and now depending under the said repealed Acts, shall proceed in every respect as if this Act had nut bepi1 passed. And all lands, tenements, arid hcreditaments vested in, ancl all pro- perty belonging to any Drainage Board, shall be and continue vested in and the property of such Drainage Board; and all rates
and debts due to any Drainage Board bcforc the passing of this Act
may be collected, levied, and recovered in mmner provided by this Act for the recovery of any rates and debts; and all the rights, powers, liberties, contracts, and engagements of any Drainage Hoard, or any officer or other person appointed, elected, or holding office under the said repealed Acts before the passing of this Act, may be enforced by and against the said Drainage Board, officer, or person as if this Act had.not been made, subject to the provisions hereinafter
cqntained. 5. Any

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The 8outh-Eastern Drainage A c t -1878.

5. Any Proclamation of the Governor at any time heretofore Validatingformer pblished in the Government Gazette for the purpose of effecting any PmU1amauons~ act which the Governor, with the advice of the Executive Council,

is hereby empowered to do, shall be and the same is hereby declared to be as valid and effectual as though published under the provisions of this Act.

Division of A C ~,

6.

This Act shall be divided into Parts- The Second, relating to the Drainage Board, Auditors and Con-

stables, their election, powers, and duties:

The Third, relating to By-Lams:

The Fourth, Revenue, Expenditure, and Assessment Rates:

The Fifth, to Meetings of Ilrainage Board and Ratepayers:

The Sixth, to Legal Procedure and Evidence:

The Seventh, to Miscellaneous Provisions and Penalties.

PART I. P A ~ T t.

CONSTITUTION OF DRAINAGE DISTRICTS.

7. In addition to any Drainage Districts heretofore constituted, Proclamation of

the Governor mav, by l'roclamation in the Govemm~nt Gazette, District.

constitute and &dare any portion of the County of Grey and of

the Counties of Robe and MacDonncll, or any of the said Counties,

a Drainage District, and may, by Proclamation in the Government

Gnaette, divide any Drainage District into two or more Drainage	of Diatrictfl*
Districts, and may include therein any part of the said Counties respectively, and may designate the districts so constituted by such names as to the Governor shall seem meet, and by the like Proclama-

dietricts. tion alter the lrames and increase or dinlinish the boundaries of such 8. Upon the constitution of any Drainage District, the Governor Go~ernorraaya~paint

may, by Proclamation in the Government Gazette, appoint five fir"memberbof	Drainage Board.
persons to be the first members of the Drainage Board for such district, and may appoint one of their number to be chairman of such Board, and the members so appointed shall retain office until the first annual election after the constitution of the Drainage District, hen three of their number shall retire by ballot, and such Board shall have and exercise all the powers, duties, and functions

of a Drainage B ~ a r d elected as hereinafter provided.

9. The Governor may, by Proclamation in the Government M& drains may a.

Gazette, constitute and declare any natural or artificial river, proclaimed.

stream, creek, canal, channel, conductor, watercourse, drain, ditch,

and outfall of water to be a main drain; and such Proclamation

shall declare the position, boundaries, and description of such main

drain

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The Xouth-Eastern Drainage Act.-1878.

PART 1. drain, and the Governor may also, by Proclamation, declare any main drain or part thereof to be closed, and from and after the publication of such last-mentioned Proclamation, such drain shall be closed, and no longer be a main drain; and a copy of the Govern- men t Glxzette containing any such Proclamation shall be conclusive evidence in every Court that a main drain has bccn constituted or closed, as the case may be, and of thc dcscription, position, and boundary of such drain.

Map of district to be	10. Upon the Proclamation of any Dlainage District, the Corn- missioner shall cause a map or plan of such district, signed by him, and certified to be correct by the Surveyor-General, to be deposited in the office of the Surv-epor-General, and in the office of the Drainage Board of such district, and such map shall show-
deposited.

The boundaries of the district so constituted or altered:

The line, course, and position of the main and district drains,

streams, watercourses, lakes, roads, and	and also thc
drainage works therein:

And the sections of land therein.

Map to be drjposited. 11. Upon any ]Proclamation constitutiilg, altering, or closing any main drain, the Commissioner shall cause a map or plan showing thc cotme, bearings, and admeasurement of such main drain to be depositcd in the office of the Surveyor-General a11d in the officc of the Drainage Board for the district.

~ a p to be conclusivr 12. Such maps signed, certified, and deposited as aforesaid shall district, of the position of the main and district drains, drainage works, roads and reserves, and also of all sections of land within the said district. Such maps shall be open fbr inspection to the public at all reasonable times.

evidenr e.	'ire conclusive evidence in evety Court of the boundaries of the
Water to bc tho	13, All water flowing into, or being in any main or district and continue the absolute prol~crty

property of the

Crown. drains OF drainqy works within m y Drainagc District, shall be

of the Crown.

Drains and drainage 1

4. All main and district drains and drainage works in every

borrowed under the authority of the said Parliament shall bc

the absolute property of the Crown.

works to bo the p c - Drainage District, made or maintained out of moneys voted hy or

,,, .,, c,,-,-

Main drains to be	15. All main drains and all drainage works not placed under the care, control, and rnairageinent of a Drainage Board shall be under the carc, control, and management of, and shall bc thoroughly cleansed, repaired, and maintained in a due state of efficiency by and at the expensc of the Commissioner.
maintained by the
Commissioner.
Drainage Board to

maintain ilietlict 16. Each Drainage Board shall have the care, control, and manage-

drains.

ment of all district drains and all drainage works within the

district

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The South-Eastern Drainage Act.-1 878.

district which the Governor may, from time to time, by Proclama- tion published in the Government Gazette, make, subject to the care, control, and managemmt of such Roard, or which shall be con- structed, completed, or otherwise acquired by such Board; and all such drains and drainage works shall be thoroughly cleansed, repaired, and maintained in a due state of efficiency by and at the expense of such Drainage Board.

17. Notwithstanding any provision to the contrary in this Act, each District ~~~i~~ to:vest

Drainage Board shall within its district and in all Courts of Justice, in Boaras, for all purposes whatsoever, be deemed to have vested in it the fee-

/	simple of the main and district drains and drainage works under
i	its care, control, and management; and in any legal proceedings taken or defended by any such Board in respect thereof no proof
1	whatever shall be required of such fact, and the mere allegation
by any such Board of the vesting of the same shall be taken for all
t	purposes to be full and sufficient proof thereof,

PART 11. PART IT.

-

THE DRAINAGE BOARD, ATJIIIrI'ORS, AKD CONS'I'ABLES:

THEIR ELECTION, PO'TVEIZS, ASD DUTIES.

18. Except as herein provicicd, the election of members for any Election of member8

of Board.

Drainage Board, their number, qualification, disqualification, powers, inclusive, and Schedules B, C', D, !I:, F, FF, and Fl2F of that Act are incorporated herewith, and shall be read and construed as if the words Drainage Board " and " Member of Drainage Roard " were

duties, and functions, and the qualification, powers, and duties of

auditors ancl coristables shall be similar in ever>- respect to those of

members, auditors, and constables of a District Council uncler the

inserted therein instead bf	C c llistrict Council " and	C'ouncillory'
respectively.

19. In addition to thc powcrs conf'crred on any Drainage Board Powers of Drainage

by the incorporation hereunder of ccThe District Councils Act, 1876," each Drainage Board, its officers and servants, may, within its district-

Enter into and upon any land whatsoever fbr the purpose of depositing spoil thereon, or of constructing, altering, or re- pairing any district drain or drainage work subject to its control, obtaining or carrying away therefrom materials for constructing, alterin g, or repairing any district drain or drainage work subject to its control, and for any other

purpose connected with the adrni~ristration ol this Act:

Cleanse, repair, or otherwise maintain in a due state of efficiency any district drains or drainage works subject to its control:

Extend

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The South-Eastern Drai~lage Act.-1 878.

PART	11.	Extend, lengthen, widen, strengthen, deepen, alter, divert, scour, or cleanse any district drains or drainage works subject to its control:
Make, open, and cut any new district drains: Make, erect, alter, or remove any district drains, or drainage

works subject to its control:

Dam, bar, and stop up with any weir or dam, any river, pool,

stream, or watercourse:

Also make any embankment against any lake, river, stream, or watercourse, and place on any land stones, piles, earth, soil, or other materials, for the purposes of the works, or for the more effectual protection or defence of any land, or for the better conveying the waters from any land into the sea, or into any lake, stream, or watcrcouse, or gap, or outlet:

Erect any drainage work in any lake, stream, or watercourse, for the purpose of keeping back a sufficiency of water for the use of cattle or sheep, or far the irrigation or warping of lands, where such irrigation or warping sha.11 be wanted, and shall be a beneficial manurance to such lands:

Stop up or divert any road, or remove any bridge, and make any

new road or bridge:

Do all such things and execute all such works as may be neces-

sary or convenient for the pwposcs of this Act.

Works not to be	20. No work by this Act authorised to be done to or in con-
executed without

approval by commis- nection with any "drain or dra~nage work by any Drainage Board

sioner.	shall Fc: cornmtmccd or cxecutcd withont the approval of the Commissioner first had and obtained, except in t h i k cases where the protection of the drains or drainage works in any Drainage District from impending ia jury shall necessitate immediate action,
and except so far as regards the scouring and cleansing, main- tenance, and reyair 'of the district clrains and drainage works;
and save and except as aforesaid the Drainage Board s l d submit to the Commissioner plans and specifications, or such other description
of the proposed works as he may require, and shall obtain his
consent thereto, before con~nlencing or executing thc Eamc, ancl
all such works shall be carried out and performed to his entire
satishction.

Compensation for 21. Each Drainage Board shall out of its funds make cornpensam

damage.

tion, in manner hereindter prescribed, to all persons for any damage

occasioned to them by the exercise of any of the powers aforesaid.

Drainage Boards rnaT 22. Any Drainage Board may contract for purchasc and hold

acquire lands. any lands, tenements, messuages, casements, and appurtenances within its district which it may consider necessary to purchase or acquire for accomplishing any of the purposes of this AG~, making

reasonable

- 41" & 42' VICTORIB, No. 104.

The South-Eastern Drainage Act.-1 878.

reasonable satisfaction and recompense to be agreed upon or ascer-	**m Ir.
tained in manner hereinafter provided.

23. All the clauses and provisions of '' The Lands Clauses Consoli- Portions of &'The

dation Act" relating to the purchase of lands by ngrcement, to the solidationAct,p Lands Clauses Con-

purchase and taking of lands otherwise than by agreement, and to incorporated. Act" within which the power of compulsory purchase of lands may be exercised shall not apply to this Act, but the snme may be exer- cised by the Commissioner or a Drainage Board at any time during its existence.

the application of purchase-money or compensation coming to

pr t ies having limited interests, or prevented from treating, or not

making title, shall be deemed to be incorporated with this Act:

24. Each Drainage Board with the consent of the Comn issioner, not Power rcq~xircd. to sell litnds

may, f i r such considerations as it may think proper, sell and convey

any of the lands which it may have acquired under the provisions

of this Act, and which may be no longer required by such Board.

25. Any Drainage Board may make such roads over any of the Pomertomake roads.

lands authorised to be taksn, as may bc considcrcd necessary for carrying into effect the purposes of this Act, and for communicating with and maintaining the district drains and drainage works, and mcty repair, amend, and fcnce in such roads, and use the same exclusively for the mid purposes, or permit any person to make use of the same, upon such terms and coxiditions %S the Board shall think proper.

PAI'LT 111.

BY-LAWS.

26. Any Drainage Board may make, alter, amend and repeal BY-lam and Regu-

by-laws and regulations- lations. '

For regulating, maintaining, protecting, cleansing and improving any district drains and any main drains or drainage works subject to its control:

For regulating the making, maintaining, protecting, cleansing and clcnnsing of any drains made by the owners and occupiers of land within the Drainage Uistrict, from such land into any main or district drains:

For regulating the manner, timrw, and quantities in which water may be diverted from any main or district drain or drainage work subject to the control of the Drainage Board, and the persons and purposes by and for which the watcr may be so diverted, and the fees payable therefor:

For regulating the poundage fees, payable by the owners of

animals

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The South-Eastern Drainage Act.-1 878.

PART 1x1. animals trespassing on the main or district drains or drainage works, or on any land the property of or under the control of the Drainage Board:

And in addition thereto may make, alter, amend and repeal by- laws and regulations for all the purposes contained in section 150 of L' The District Councils Act, 1876," and for that purpose, sections

150 to 153 (inclusive) of that Act are incorporated herewith, and

shall be read and construed as if the words " Drainage Board " and

" Members of Drainage Board " were inserted therein, instead of

" District Council " and G Councillors " respectively.

PART m. PART IV.

REVENPJE, EXPENDITURE, ASSESSMENTS, APPEALS AGAINST ASSESSMENTS, RATES, AND RECOVERY OF ICATES, SALE AND LETTING OF LAND FOR

PAYMENT OF RATES.

Power0 of Board m to

revenue, &C. 27, The provisions in respect to revenue, expenditure, assesa- ments, appeals against assessment rates, recovery of rates, and the sale or letting of lands, in default of payment of rates of any Drainage Board, and of and in any Drainage District shall be similar in every respect to the provisions contained in the District Councils Act, 1876, relating thereto, and for that purpose, aec tions 113 to 149 (inclusive), and Schzdulcs G, H, I, J, I!, L, and M, of that Act are incorporated herewith, and shall be read arbd construed as if the words a Drain~gc Board " and '' Member of Drainage Board" were inserted therein, instead of '' District Council " and G Couilcillor " respectively.

Paar v. YAXT V.

GENERAL PROVISIONS AS TO MEETINGS.

Meetinge of Board, 28, Meetings of Drainage Boards and of the ratepayers of Drainage Districts shall be held, and all proceedings thereat shall be similar in every respect to the meetings of District Councils, and the ratepayers of District Councils undcr the "District Councils Act, 1876"; and for that purpose sections 184 to 136 (inclusive) of that Act are incorporated herewith, and shall be read and constried as the words " Drainage Board" and '(Member of a Drainage Board " were inserted therein, instead of "District Council " and

Councillor " respectively.

PART VI. PART VI.

LEGAL PR0CEDUR.E AND EVIDENCE.

Pmedure and evi-	29. Xxcept where otherwise provided in this Act, the legal' procedure and evidence under this Act shall be similar in every respect to the legal procedure and evidence under The District
demo.

Councils

41" & 42" VICTORTB, No. 104.

The South-Ea.stern Drainage Act.-- 1878.

PAET vr.

Councils Act, 1876," and for that purpose sections 175 to 183 (inclusive), and 197 to 2 17 (inclusive) of that Act, are incorporated herewith and shall be read and construed as if the words " Drainage Board " and " Member of a Drainage Board ''were inserted therein

instead of " District Council " and Councillor " respectively.

PART VIT.

MISCELLANEOUS PROVISIONS AND PENATATIES.

30. Sections 154 to 174 (inclusive) of The District Councils Act, Incorporation of Dig-

1876," are hereby incorporated with this Act, and shall be read and	trict Council Act.
construed as if the words " Drainage Board" and " Member of a Drainage Board" were inserted therein instead of District Council" and a Councillor " respectively.
31. Every Drainage District shall be entitled to have and shall mive at every election of the Local Board of Main Roads for the	titled to vote for-Vic-
Drainage District on-
U	torian Main Road
Victoria District, one vote for each person nominated for member of	Board, and to be dia-
trict within " Doq
the Board for such district; but in case the rateable property of auch	Act."

.

Drainage District shall be assessed 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 Ten Thousand Pounds or fractional part of that sum in excess of every Ten Thousand Pounds after the first Ten Thousand Pounds: Pro- vided that no Drainage District shall be entitled to more than two votes for any person nominated: And any Drainage District, when constituted and declared by Proclamation as aforesaid, shall be a district for all purposes under "The Dog Act, 1867," or any Act amending the same.

32. All streets or roads in any township or village which shall Roads to be undex

have been dedicated to the public within a Drainage District, of Board.	care of Dra i~age
which dedication five years of uninterrupted use of such street or road 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 other 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.

33. The owner or occupier of any land adjacent to any main or Power to aiwt water

district drain, or drainage work, map, with the written consent of

from drain.

the Drainage Board, and for such period and in such manner as it may allow and prescribe, divert any water in any such drain or drainage work into his land, so that such water shall not be per- mancntly retained on such land. And any person diverting water from any such drain or drainage work into his own land, or any other person's land, without such consent, or for a longer period than that allowed, or in any other manner than that prescribed as afore- said, shall for any such offence, upon conviction, forfeit and pay a

IO~-B penalty

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p

penalty of not less than Two Pounds nor more than Five P~unds,

and a further penalty of Two Pounds for every day during which

the offence is continued.

Power to impose toll.	34, Any Drainage Board may impose a fee or toll for the use of water diverted from any main or district drain or drainage work, to be estimated either upon the quantity diverted or for the time elapsing between such diversion and its redelivery to such drain or drainage work; and such fee or toll may be recovered by distress of
the goods and chattels of the person so using the same, or upon in-
formation before two or more Justices in a summary way.
Lands adjacent to
main8 to be fenced.	85. The owners or occupiers of all lands adj13ining any main or district drain or drainagc work, or adjoining any public road or reserve, or land belonging to or in the possession of a Drainage Board or District which adjoins any such main or district drain or drainage work, shall substantially fence such 'lands and keep the same sub- stantially fenced with a fence capable of rcsiw ting trespasses by sma,ll as well as great cattle; and any person neglecting so to do shall, for every such offence against this section, upon conviction, forfeit and pay a penalty of not less than Two Pounds nor more than Twenty Pounds.
Penalty for obstruc-
tions or nuisances.	36. Any person causing or permitting any obstruction in, or otherwise injuriously affecting anv main or district drain or drain- age work, or any drain or wall, chmenced or exccukcd by the Com- missioner or by any Drainage Hoard, or causing any filthy or un- wholesome water, or washings of manufactories or mines, or other foul or poisonous liquid, to dow into any such drain or drainage work, without the consent of thc said Commissioner or Drainagc Board first had and. obtained, shall, for every such offence, incur a penalty not exceeding Fix-c Pounds, and a further penalty of Two Pounds for every day during which the offencc is continued.

Penalty for removing 37. Any person who shall, without the written coimmt of the

timber or materials.

Drainage Board, cut down or remove	any timber, or shall ex-
cavate -or remove gravel, sand, earth,	or any other material in,

adjacent to, or forming part of any main or districi drain, or reserve adjoining any main or district drain under its control, shall, for every such offence, upon conviction, forfeit and pay a penalty or sum of not less than Two Pounds nor more than Twenty Pounds.

Penalty for cutting

drain through road,	38. Any person opening or cutting through any bank, roadway, or reserve adjacent to any main or district drain or drainage work, made out of materials excavated from any such drain, or
&c.
making any drain or opening through any roadway or reserve or
portion of any roadway or reserve at the side of or adjacent to any main or district drain or drainage work without the Licence in writing or contrary to the directions of the Drainage Board, shall for everv such offence forfeit and pay a penalty of not less than Two
Poubdls nor more than Twenty Pounds.

39. No

41" & 42" VICTORIB, No. 104.

The South- Eastern Drainage Act.-1 8'78.

39. No person shall erect or make any bridge, culvert, or other PUT

work over, across, or along any main or district drain, or any road Bridge, &o., notia

or reserv- adjoining any main or district drain, or drainage work, ~	,	"	~	f	~	~	~
without the licence in writing of the Drainage Board, and any person obtaining such licence shall execute the work pursuant thereto, and to the satisfaction of the Board; and any person who shall neglect to carry out and execute snch work pursuant to and within the time limited by such licence, or shall neglect to keep such bridge, culvert, or other work in good and substantial repair, shall be liable to have the same executed and completed by the Board (or kept in repair as aforesaid), and the expense thereof recovered by the Board, upon information before two or more Justices, in a summary
way after seven days' notice in writing demanding the amount of
such expense shall have been given to, or left at the usual or last known place of abode within the Drainage District of the person to whom such licence shall hive been granted; and any person erecting
or making any such bridge, culvert, or other work without such
licence shall, for every such offence, upon conviction, forfeit and pay a pcnsllty or sum of not less than Two Pounds nor more than Twenty Poruids.

40. If any Drainage Board shall be of opinion that, for the pnr- to D,,;,,~,

pose of carrying out the drainage works in its district, it is necessary g:;: ,~g;; r i ; i ;~ ;

to rebuild or alter any existing bridge, culvert, or archway over any bridges, &C.

drain subject to its control, for the discharge of water under any

public road, it shall be lawful for such Drainage Board to take down,

remove, or alter such bridge, culvert, or archway, the Drainage Board

(when in their opinion necessary) constructing a temporary bridge,

culvert, or archway, in the place of that so to be taken down, removed,

or altered, and supporting and maintaining the- same until the com-

pletion of the works necessary for the restoration to public use of

such bridge, culvcrt, or archway; and in every case where any

existing bridge, culvert, or archway shall be taken or removed, the

Drainage Board shall, if and when required by the Commissioner, con-

approach thereto respectively, according to such plans, specifications,	struct a new bridge, culvert, or archway, with the nccessary roads of
ancl estimate as shall have been submitted to and approved by said Commissioner; and. the expense of snch temporary and permanent bridge, culvert, or archway, and roads shall form part of the costs of the works in the district in which the same may be situated.

41. Any Drainage Board, by any of its officers or servants, or by Miuiala trespassing

any other person, may impound any horses, bullocks, cows, shccp, On	&c.
goats, pigs, and all other cattle great or small, trespassing in or upon any main or district drains or drainage works, or on any roadway or reserve adjacent thereto, and such animals or any of them ghall not be released until full payment of the poundage fees and damages fixed by the impounding law for the time being in existence, and by any scale made pursuant-to this Act.

42. In addition to all fines, penalties, fees, and dahages by this Drainage! R?arde may recover special

Act dsmages.

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The South-Eastern Drainage Act.--1878.

PMW m. Act imposed or authorised upon the breach of any of the provisions thereof, the Drainage Board may sue for and recover any special or other damages for the breach of any of such provisions, or for any injury done to any main or district drain or drainage works under its control.

Penalty for injuring

drains.

43, Any person who wilfully dams up, or in any way whatsoever injures, whether by driving horses, cattle, sheep, or other animals or vehicles through, along, or across any main or district drains, or otherwise howsoever iniures or obstructs any public, or district, or drainage work; and any person who wilfuilf hinders or prevents any other person from carrying out or performing any work authorised or directed by any Drainage Board shall, upon conviction, for each offence incur a penalty of not less than Two Pounds nor moreLthan Twenty Pounds.

Drainage Boards may

44. Whenever the person legally liable shall neglect to perform any act hereby required to be done the Draimge Board may perform

do charge certain to defaulting and

penon.	the same, after giving to such person or leaving at his last or usual place of abode or upon the hiid in respect of -which such a d is re- quired to be done, seven days' notice iri writing to do such act, and after the doing of such act, the Board inay recover the costs, charges, and expenses thereof from the person so in default upon an informa- tion before two or more Justices in a summary way.
Public notice, how	46. Public notice under this Act shall be given by insertion in the Government Gazette, and by posting handbills on every post office in the Drainage District, and on every other place appointed by the Drainage Board as a place for posting notices.
to be given.
costs OT legal pro-	46. All costs, charges, md expenses incurred by any Drainage Board in instituting or iiefending any legal proceedings instituted or defended by it in its character of a Drainage Board, may be defrayed out of the rates leviable by it, and no member of a Drainage
ceedings.
Board shall be personally liable in respect of any such costs, charges, or expenses.

Drains, oathe: than 47. All drains within any Drainage District other than main or

to be district clrains, shall, unless when otherwisp provided for, be cleansed,

kept in repair by

owner or adjoining

owner, '	repaired, and maintained in a due state of efficiency, by aud at the
exnense of the owner and occuuier of the land throu~h which such
dr& pass; and such owner or'occupier shall be respksible for the proper and efficient cleansing, maintenance, and repair of all such drains: Provided that whenever any such drain shall pass along the boundaries of or between land in the occupation of two or more persons, every such person shall be responsible for the proper and efficient cleansing, maintenance, and repair of that portion of such drain immediately adjoining the land in his occupation, or bear such proportion of the cost of cleansing, maintaining, and repairing the same as the Drainage Board may determine, And such drains shall
be thoroughly cleaned and rcpaired once at least in every year, and
at such other times as the Board may requirc. 48. -4ny
41" & 42" VICTORIiB, No. 104. 13

Yhe Sou &Eastern Drainage Act.-1 878.

48. Any dispute arising between the owners or occupiers of land PART ~ 1 1.

in any Drainage District as to the cleansing, maintaining, and re- Compensation for

pairing of any drain, and all questions of compensation between ~ ~ ~ ~ a O n e b J '

such owners and occupiers for any damages arising out of any act

done or suffered by such owners or occupiers under or by virtue of,

or in conjunction with, this Act, shall be decided and determined

by the Drainage Board for the district, whose decision shall be final.

49. Any person erecting or making, or commencing to erect or Penalty for com-

make, any bridge, culvert, or other work over, across, or along any licence of Board.	mencing work without
main or district drain, or any road or reserve adjoining any such drain or any drainage works, without the licence in writing of the Drainage Board first had and obtained, shall for every such offence forfeit and pay a penalty or sum of not less than Two Pounds nor more than Twenty Pounds.

50, Any person obtaining such licence shall execute and perform Work to be executed

the wolk pursuant thereto, mid to the satisfaction of and within the Board, and kept in t o satisfaction of

in good and substantial repair; and upon any person neglecting to

perform and execute, or keel) in repair such work as aforesaid, thc

time limited by the Roarcl, ard shall keep such work when executed repair. aforesaid, and such person shall be liable for a11 costs, expenses, and charges thcwof, and the same may be recovered as hereinafter pro- vidcd: Provided alwa~s that whenever the Drainage Board shall dccm it necesrary, and shall give fourteen clays' notice in writing to the owners or occupiers of the land immccliatcly adjacent to such bridge, cwlvert, or oxher work erected or mad^ as afor~said, may bc closed, removed, or taken away as the l)rai~iag Board may deem expedient.

51. Any member of a Drainage Board. who knowingly and Penalty on interested

wilfully shall vote upon or take part in the discussioi~ of any matter member voting.

in or before the Board in which such mcrnbcr shall directly or in-

not exceeding Fifty Pouacls. directly, by himself or his partncrs, have any pecuniary interest shall, on conviction, forfeit and pay for evcry such offcnce a sum In the name and 011 bchalf of Her Majesty, I hercby assent to

this Bill.

WM. F. DRUMMOND JE RVOIS, Governor.

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Adelaide: By authority, E. S~~ILLEH., Acting Go~ernrnent Printer, North-terrace.

104 - C