Se Drainage Act 1895 (SA)

ANNO QTTINQUAGESTMO OCTAVO ET QUINQUA-

C+ESIMO NON0

A.D. 1895.

No. 629.

An Act to provide for the Drainage of Land in the

South-East.

[Assented to, December mth, 1895.1

E it Enacted by the Governor of the Province of South Aus-

and House of Assembly of the said province, in this present Parlia-	B tralia, with the advice and consent of the Legislative Council
ment assembled, as follows:

1, This Act may be cited as " The South-Eastern Drainage Act short title and

Amendment Act, 1895,'' and shall be incorporated with " The

South-Eastern Drainage Act, 1878."

2, The Commissioner may, out of any moneys provided by Parlia- Power to c m -

ment for the purpose, construct such main drains and drainage works hains*	miesioner to construct
as he may think proper for the drainage of lands in the South-East; but plans showing the drains proposod to be constructed shall be laid before and approved by Parliament before the commcncement
of the construction of such drains and the drainage works connected
therewith.
No further approval of Parliament shall be required for the construction of the mah drain from the hundrcd of Riddoch to the hundred of Duffield, as shown in Parliamentary plan signed by the Engineer-in-Chief and dated November thirteenth, one thousand eight hundred and ninety-five, and the cost of which work shall not exceed Thirty Thousand Pounds.

3. From and after the coming into operation of this Act all Drainage Boarda

Drainage Boards shall cease to exist, and all rights, powers, functions ve%ted in abolished and

629 functions, District Gouncile,

2 58" & 59" VICTORIW, No. 629. . - - ----

?lie South-Eastern Drainaqe Act Am~ndment ,4ct.-1895.

functions, obligations, duties, and immunities vested in such boards, and whether by Statute or otherwise, shall be vested in, and shall

be exercised, performed, and enjoyed by District Councils.

Dishct Councils to 4. Each District Council shall have the care, control, and

have control and

management of all	management of all main and district drains and drainage works
h i m.	within its &strict, whether heretofore or hereafter constructed, and shall thoroughly cleanse, repair, and maintain the same in a due state of efficiency to the satisfaction of the Commissioner; and if any District Council shall fail to cleanse or repair any drain or drainage work under its control within a reasonable time after being required by the Commissioner to do so, the Commissioner may cause the same to be cleansed or repaired, as the case may require; and the cost thereof shall be paid by the District Council to the Commissioner, or may be deducted from any money or hbsidy payable by the Government to the District Council. A certificate signed by the Engineer-in-Chief shall be con- clusive evidence of the cost of cleansing or repairing any such drain.
District Councils may

combine to c a v out 5. I t shall be lawful for any two or more District Councils to

duties as to drtuns.	combine for the purpose of constructing district drains or drainage works, and for carrying out or performing any of the powers or duties vested in or imposed upon then1 by this Act.
The Commissioner may require any District Councils to under- take within their districts any drainage works for the common benefit of such districts, and such councils shall undertake and complete such works accordingly, and the cost thereof shall be apportioned between such councils, according to thc advantage to such districts, in shares to be fixed by the Commission~r; and if any council, after reasonable notice by the Conimissioner, shall omit to undertake and complete any such works, the Commissioner may himself undertake and complete the samc and recover the cost from each District Council in the shares before mentioned.
Loam to District

Counoils. 6. The Comnrissioner may, out of moneys voted by Parliament

for the purpose, make advances to District Councils for the construc- tion of district drains and drainage works, and such moneys shall be repaid to the Commissioner in twenty yearly equal instalments, together with intercst at a rate of not exceeding Five Pounds per centum per annum, to be fixed by the Commissioner.

State advances may	7.	State advances may be made pursuant to c c The State Advances
be made in lieu of

loans.

Act, 1895," in lieu of the advances mentioned in the preceding

section.

Power to connect	8. District Councils may, with the consent of thc Commissioner,
district drains with

main drains. connect district drains with main drains.

Draina to be	Q. All district drains and drainage works undertaken by any
constructed under .

superintendence of	District Council shall be constructed under the supervision and
Engineer-in4 hiei.	subject to the direction and control of the Engineer-in-Chief.

10, The

*

58' & 59' VICTORIA!, No. 629. 3

The South-Emtertt Drainage Act Amendment Act.-11395.

10, " The Lands Clauses Consolidation Act " (being No. 6 of h o b C b n a

1847), the Act to ameud the same (being No. 26 of 1855-G), and iDcoTratda

Consolidation Acta

the "Lands Clauses Consolidation Act Amendment Act, 1881 " (being No. 202 of 1881), except sections 110, 114, 115, 116, 117, and 118 of the Act No. 6 of 1847, are hereby incorporated with this Act, and shall take effect with regard to any works to he con- structed under this Act; and for such purpose the expressions " the promoters of the undertaking " and the special Act " sha,ll, when- ever used in the said Acts, or Bny of them, mean the Commissioner or any District Council constructing works under the authority thereof and this Act respectively: Yrovided that, for the purposes of section 13 of the said Act No. 202 of 1881, there shall be deemed to be no such special Act.

11, In estimating the compensation or purchase-money to be paid Enhancement in value to be considered

by the Cornrnissioner or any District Louncil for any land acquired	oompnu-
for the construction of any drain or drainage works, or any damage tion.
suffered by reason of such construction, the enhancement in value of any lands belonging to the person to whom the compensation, purchase-money, or damage is to be paid, and the value of any other benefit or advantage which such person may or shall obtain by reason of the construction of such drain or drainage works, shall be deducted from the amount of such compensation, purchase-money, or damage.

12, District Councils may, whenever they shall consider i t neces- A8aesament of landa

sary, cause an assessment to be made of all ratable property within 'Or m a @ p u m.

the district, and of the increase in value of such ratable property due to the construction of the drains and drainage works in the district, the assessment of such increased value to be made accord- ing to a percentage of five per centum or1 the increased value of the fee-simple of such ratable property.

13, Every such assessment shall be written in a book to be called Drainage assesement

the " drainage assessment book," and such book shall be in thc form bmk.

in the eleventh schedule to "The District Councils Act, 1887," except that an additional column, under the heading Assessed value of increase in fee-simple value due to drains and drainage works," may be added to Part I. thereof, and all columns in Part

11. showing rates declared may be omitted, and an additional column

adtfed under the heading Drainage rate declared on the day of	9 18	," with sub-headings	Amount payable " and "When
paid. "

14. District Councils may declare and levy an annual rate on all Drainage rate may be

ratable property entered in the drainage assessment book, to be levied.

called the drainage rate, and such rate shall be a differential rate,

that is to say, the amount thereof shall vary with the increase in

value of the ratable property due to the construction of drains and

drainage works, and shall be calculated at a percentage on the

assessment of such increased value,

15. All

58" & 59' VICTORIE, No. 629.

The SoutiLT1-Eastem Draimye Act Amendment Act.-1895.

bvisiow of DM-

triot Councils Act I& All provisions of The District Councils Act, 1887," relating

applicable.	to msessments and rates, and the forms therein provided for, varied as the circumstances may require, shall, so far as applicable thereto,
apply to the nsaessrnent and rate herein provided for.
How drainage rate

expended. 18, The moneys derived from the drainage rate shall be expended

only in cleansing, repairing, and maintaining drains and drainage

works, in repayment of advances made bp the Commissioner and

the interest thereon, and in expenses connected with the care,

control, and management of drains and drainage works.

Dietrict Councils may 17.

Notwithstanding anything herein contained, District Cauncils may expend any portion of their ordinary revenue for any of the purposes specified in the last preceding section and for the con- struction of district drains and drainage works.

epend money for

drainage purposes.

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

this Bill.

T. FQWELL BUXTON, Governor.

- -- - -

Adelaide : Bp authority, C. E. Barnrow, Government Prihter, North-temce.