South-west Tablelands Water Supply Administration Act 1941 (NSW)
358 South-west Tablelands Water Supply Administration
Act.
SOUTH-WEST TABLELANDS WATER
SUPPLY ADMINISTRATION ACT.
Act No. 36, 1941.
George VI. All Act to piovide fof the control and adminis-
| No. ^ 9 4 1 . | tration of certain works of water supply for the South-west Tablelands District; to validate certain contracts; to amend the Local Government Act, 1919, and certain other Acts; and for purposes connected therewith. [Assented to, 18th September, 1941.] |
T ) E it enacted by the King’s Most Excellent Majesty,
I } by and with the advice and consent of the Legis
lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by tlic autliority of the same, as follows :—
PAET I.
| P r e l im in a r y | and | A d m in is t r a t io n . |
| Short title | 1. (1) This Act may be cited as the “ South-west |
intoPart3*° Tablelands Water Supply Administration Act, 1941.”
| (2) | This Act is divided into Parts as follows:— |
| PART | I.—P r e l im in a r y | and | A d m in is t r a t io n — ss. |
1-5.
PART II.—S u p p l y of W ater— ss. 6-10.
| PART | III.—F in a n c ia l—ss. | 11-14. |
| PART | IV.— G en er a l— ss. | 15-20. |
SCHEDULES.
| Definitiona. | 2 . In this Act, unless the context or subject-matter |
otherwise indicates or requires,—
“ Administrator” means the Administrator of the
South-west Tablelands Water Supply.
“ Council” has the meaning given to that expression
in the Local Government Act.
‘ ‘ Local
| South-west Tablelands Water Supply Administration | 359 |
Act.
No. 36, 1941.
“ Local Government A ct” means the Local Govern
ment Act, 1919, as amended by subsequent Acts.
| ; | “ Prescribed” means prescribed by this Act or by |
the regulations.
“ Regulations” means regulations made under this
| ■’ | Act. |
| ;• | “ Works” means the works referred to in section four |
of this Act.
3 . (1) This Act shall be administered for and on Administra-
behalf of the Crown by the Administrator, who shall be
the permanent head of the Department of Public Works, so, loio, '
and who shall have and may exercise and loerform the ®-3-
powers, authorities, duties and functions by this Act
conferred or imposed on the Administrator.
(2) In case of the illness, suspension, or absence Weputy
of the Administrator, the person for the time being act- trator” '̂
ing in the office of the permanent head of the Depart
ment of Public Works shall have and may exercise and
perform the powers, authorities, duties and functions of
the Administrator.
(3) The Administrator may, with the consent of Boiogation
the Minister and of the Public Service Board, by writing under his hand delegate to any officer in the Public Service any of the powers, authorities, duties and functions con ferred or imposed upon him by this Act other than the power of delegation.
(4) The Administrator shall, for the purposes of Corporation
this Act, be a corporation sole with perpetual succession and a seal of office under the name of the “ Administrator of the South-Avest Tablelands AVater Supply” and in that name may sue and bo sued.
(5) AVhere any property, real or personal, or any Devolution
interest therein or charge thereon is vested in or is acquired by the corporation sole the same shall, unless otherwise disposed of by the corporation sole, pass to and devolve on and vest in its successors.
4 . The following works shall be controlled and admin- Works
| istered by the Administrator, that is to say-— | k,y"ti"e Ad- |
| (a) | the works constructed (whether before or after nmustrator. the commencement of this Act) pursuant to the South-west Tablelands Water Supply Act, 1924; |
( b )
360 South-west Tablelands Water Supply Administration
| No. 36, 1941. | Act |
| (b) | the works described in the Schedules to this Act; |
| (c) | any additions, amplifications, improvements or extensions of any such works. |
| Care and | 5. (1) Upon the completion or the partial completion |
of such part of the works as is used for or in con-
| worka. | nection with the reticulation of the supply to a council, or for or in connection with the supply of water to any person upon premises situated within the area of a council, or at any time thereafter, the Governor may by proclamation published in the Gazette charge such council with the care and management of such portion of the works as are described in the proclamation. |
| (2) The council of the Municipality of Coota- mundra shall, as from the commencement of this Act, be |
| ' | charged with the care and management of the part of the works described in the Third Schedule to this Act. |
| (3) The part of the works described in any pro clamation published pursuant to subsection one of this section, and the part of the works referred to in sub section two of this section, and the part of the works with the care and management of which the council has become charged under or in pursuance of any contract |
| , | validated by this Act, shall be deemed to be works with the care and management of which the council is charged under Part XIV of the Local Government Act, | |
|
(4) Each such council shall make and levy rates and charges under the Local Government Act, to return an amount sufficient to meet all sums which become due to the Administrator for water supplied or under any contract made between the Administrator and the council, and to meet such of the costs of administra tion of the council as may be prescribed.
(5) The limitations contained in sections one hundred and twenty-nine and one hundred and thirty of the Local Government Act, as to the amount of
,
rates
| South-west Tablelands Water Supply Administration | 361 |
Act.
No. 36, 1941.
rates shall not apply to or in respect of any water supply local rate made and levied in pursuance of subsection four of this section.
(6) For the purposes of making and levying any such rate, a water pipe being part of any works with the care and management of which the council is, by or under this Act, charged, shall be deemed to be a water pipe of the council.
(7) (a) Where before the publication of atiy pro clamation pursuant to subsection one of this section the Administrator had entered into contracts with any per sons to supply water from the works to any premises within the area of the council, the Governor may, by the proclamation charging the council with the care and man agement of the part of the works from which the supply is made, or by a subsequent proclamation published in the Gazette, transfer to the council as from a date specified in the proclamation, all the rights and liabilities of the Administrator under such contracts or any specified contracts or all such contracts other than specified contracts.
(b) On and from the date so specified the
following provisions shall have effect:—■
(i) all contracts so transferred shall be deemed to be contracts entered into by the council;
(ii) any securities given to or by the Administrator in relation to any contract so transferred and in force immediately before the specified date shall be deemed to be securities given to or by the
■
| ■ | council; |
(iii) the council may enforce and realise any such (8) Subsection seven of this section shall extend to any contracts which under section nineteen of this Act are deemed to be contracts made with the Adminis trator.
| ' | security as if such security were existing in |
| ' | favour of the council. |
PAET
362 South-west Tablelands Water Supply Administration
Act.
No. 36, 1941.
PART II.
| S u p p l y | of | W a t e e . |
| Adminis | 6 . The Administrator may supply tvater from tlie |
| trator may |
| supply | works to any person who enters into a contract with him |
| water. | to accept a supply of water. Any such contract may contain such terms and conditions as the Administrator thinks fit. |
| Supply for | 7. For the purpose of supplying the Commissioner |
| railway |
| purposes. | for Railways or any other person with water pursuant to this Act, the Administrator may at all times use and repair any portion of the works notwithstanding that a council may he charged with the care and management thereof. |
| Power of | 8 . Any council may enter into a contract with the |
| council to |
| enter into | Administrator for the supply of water to such council |
| eontraets. | upon such terms and conditions as may be agreed upon. |
| Council not to |
| supply outside | 9. A council which is taking a supply of water from |
| area without |
| consent. | the Administrator shall not, except with the consent of the Administrator, supply water to any person upon premises situated outside the area of such council. |
| No eompeii- | 10. (1) The Administrator shall not under any |
| satiou for |
| failure of | circumstances be liable to make any payments in com |
| supply. | pensation or for damages should the water supplied be |
| cf. Act No. | at any time unfit for dietetic purposes, nor for total or |
| 59, 1915, | |
| s. 15. | partial failure or cessation of the supply arising from any cause whatsoever. |
| (2) | The Administrator shall at all times be |
entitled to discontinue the supply to a council or other person whenever he deems it necessary in the interests of public health or for the purpose of ensuring a proper fupply.
PART III.
F in a n c ia l .
| Capital Joi(t. | 11. (1) The capital debt in respect of the South-west |
Tablelands Water Supply is hereby declared to be the sum of eight hundred and seventeen thousand seven
hundred
| South-west Tablelands Water Supply Administration | 3G3 |
Act.
No. 36, 1941.
hundred and nineteen pounds three shillings and four- pence as at the thirty-first day of December, one thousand nine hundred and thirty-nine, but may be added to or reduced as in this section provided.
Of such capital debt the sum of eight hundred and four thousand nine hundred and twenty-two pounds five shillings and tenpence shall bear interest and the balance amounting to twelve thousand seven hundred and ninety- six pounds seventeen shillings and sixpence shall not bear interest.
| (2) | The Minister shall, as soon as practicable |
after the commencement of this Act, determine the amount by which the capital debt should be increased by reason of expenditure during the period of twelve months ending on the thirty-first day of December, one thousand nine hundred and forty, and thereafter as soon as practicable after the first day of January, one thousand nine hundred alid forty-two, and after the same day in each succeeding year, determine the amount by which the capital debt should be increased or decreased by reason of expenditure or receipts during the jocriod of twelve months immediately preceding.
The Minister shall notify in the Gazette the amount of such increase or decrease, and shall, in such notification, state that the amount is to be added to or taken from that part of the capital debt which bears interest or that part of the capital debt which does not bear interest, or that the amount is to be apportioned between such parts. Upon publication of such notification the capital debt shall be deemed to bo altered accordingly, and such alteration shall take effect as from the date specified in the notification.
12. (1) An account shall be kept in the Special Allocation
Deposits Account in the Treasury to be called the “ South-west Tablelands Water Supply Working Account,” hereinafter referred to as the “ Working Account. ’ ’
(2) (a) There shall be credited to the Working Account all revenue received by the Administrator in pursuance of this Act and such amounts as may from time to time be appropriated by Parliament for the purpose.
(b)
364 South-west Tablelands Water Supply Administration
Act.
Mo. 36, 194?,
| (b) | There shall be debited to the Workins; |
Account the following charges, in the order set out here under :—
Firstly, the cost of administration, operation, repair and minor renewal of the works by the Administrator;
Secondly, interest on the interest bearing part of the capital debt referred to in section eleven of this Act for any year at a rate or rates to be determined by the Colonial Treasurer but not
| ; | exceeding the average rate payable during such Thirdly, contributions to the South-west Tablelands |
| : | year by the Government for loan moneys; |
| , | Water Supply Eenewal Reserve Account referred to in section thirteen; |
Fourthly, such contributions to a sinking fund as
the Colonial Treasurer may direct.
■ (c) Any balance shall be applied in reduc tion of the capital debt or towards the cost of construct ing the works or otherwise for any purpose connected with the administration of this Act as the Minister may direct.
The Minister shall notify in the Gazette the amount of any such reduction of the capital debt, and shall, in such notification, state that such reduction is to be made from that part of the capital debt which bears interest or from that part of the capital debt wRich does not bear interest, or that such reduction is to be apportioned between such parts. Upon publication of such notification the capital debt shall be deemed to be altered accordingly and such alteration shall take effect as from the date specified in the notification.
| South-west | 13. | (1) An account shall bo kept in the Special |
| Tablelands |
| Water | Deposits Account in the Treasury to be called the |
| Supply | “ South-west Tablelands Water Supply Renewal Reserve |
| Tienewal | |
| Reserve | Account,” hereinafter referred to as the “ Renewal |
| Account. | Reserve Account.” |
| (2) There shall be credited to the Renewal Reserve Account as soon as practicable after the first day of January in each year an amount calculated at a rate determined by the Colonial Treasurer on the interest bearing part of the capital debt as at the thirty-first day |
of
| South-west Tablelands Water Supply Administration | 365 |
Act.
Ko. 36, 1941.
| of December immediately preceding. | For the purposes | ~ |
of this subsection the capital debt shall be deemed
exclusive of any sinking fund contributions.
(3) The Eenewal Reserve Account shall be credited half-yearly with interest on the daily credit balance at such rate as the Colonial Treasurer may from time to time direct.
(4) The Minister may invest the whole or part of cf. A etN o.
the balance at credit of the Renewal Reserve Account in
| Commonwealth Government securities or on fixed deposit ' | " • |
| with the Colonial Treasurer. | |
| Interest accruing from such investments or such deposit shall be regularly added to the account and invested in like manner. | |
| (5) The Renewal Reserve Account shall be drawn upon only for purposes of investment or reinvestment or for renewing or replacing capital assets; | |
| Provided that the Minister may authorise the expendi ture of any balance at credit of such account in excess of eighty thousand pounds towards extending the works, but subject to such conditions of repayment as the Colonial Treasurer may direct. Interest on any such expenditure shall be credited to the account at the rate of four per centum per annum. | |
| (6) If the IVIinister considers the amount at credit of the Working Account insufficient to meet the contri bution referred to in subsection two of this section, having regard to the charges referred to in subsection two of section twelve of this Act, such contribution or portion thereof may bo allowed to remain a charge on the Working Account. | |
| Interest on the amount of the deferred contribution at a rate to bo approved by the Colonial Treasurer shall be credited to the Renewal Reserve Account and debited to the Working Account for the period during which such contribution so remains a charge; provided that if any such contribution be made on or before the thirty- first day of August in the year in which it becomes payable in accordance with subsection two of this section no interest shall be credited or debited a's aforesaid. |
366 South-west Tablelands Water Supply Administration
Act.
No. 36, 1941.
| Payments | 14. | When in any year the revenue received by the |
| by Colonial |
| Treasurer. | Administrator is insufficient to meet the charges referred |
| cf. Act No. | to in subsection two of section twelve of this Act, the |
| 20, 1938, | Colonial Treasurer may, out of moneys provided by |
| s. 96 (1). | Parliament, pay to the Working Account the amount of such deficiency. |
PART IV.
G e n e r a l .
| Default by | 15. (1) In the event of a council making default for |
| council. | three months in the payment of any amount due to the Administrator or to the Crown pursuant to this Act or under a contract made or deemed to have been made with such council pursuant to this Act, the Governor may by proclamation published in the Gazette divest the council of the care and management of any portion of the works and vest the same in the Administrator. |
| (2) In the event of a council making default as aforesaid and such default continuing for a period of three months after written notice requiring the council to remedy the same has been given to the council by the Administrator, then and in any such case such default shall be deemed to be a default within the meaning of section three hundred and seventy-six of the Local Government Act, and a receiver may be appointed accordingly by the Supreme Court on the application of the Minister, and such receiver shall have the powers and duties of a receiver appointed by virtue of that section. |
| Vesting of | 16. (1) The Governor may by proclamation published |
| care and |
| management | in the Gazette vest in the Administrator the care and | |
| of rvorks in | management of any portion of the works. | |
| Adminis | ||
| trator. | (2) The Administrator shall, in respect of any works the care and management of which are vested in him pursuant to this Act, have all the powers of making, levying and collecting rates and charges as are conferred upon a council under the Local Government Act. | |
| (3) The limitations contained in sections one hundred and twenty-nine and one hundred and thirty of | ||
|
| South-west Tablelands Water Supply Administration | 3G7 |
Act.
No. 36, 1941.
the Local Government Act, as to the amount of rates, shall not applj' to or in respect of any water supply local rate made and levied in pursuance of this section.
| (4) | For the purpose of making and levying any |
such rate, a water pipe being portion of the works the care and management of which are vested in the Administrator, shall be deemed to be a water pipe of the Administrator.
17. (1) The respective liabilities of the councils of Liability
the Municipalities of Cootamundra and Temora to the counemox- Colonial Treasurer in respect of works of water supply tinguished. with the care and management of which such councils
were charged under the Local Government Act before the commencement of this Act are hereby extinguished.
(2) The care and management of the works men tioned in the First and Second Schedules to this Act ai’c hereby divested from the councils of the Municipalities of Cootamundra and Temora.
| 18. (1) All contracts made before the commencement Validation | of certain |
| of this Act between the Minister for Public Works and | contracts. |
| any person (including a council) relating to the supply of water from the works are hereby validated. | |
| (2) The validation of such contracts by sub section one of this section shall be deemed to have taken effect as from the respective dates of execution of the said contracts, and any act, instrument, matter or thing made, done or executed under or in pursuance of any such contract is liereb}- validated. | |
| (3) Without prejudice to the generality of sub sections one and two of this section, the action of any council in making and levying a water supply local rate in respect of any works with the care and management of which the council has become charged under or in pursuance of any such contract, is hereby validated. |
19. Where before the commencement of this Act Transfer of
the Minister for Public Works had entered into a con
| tract with any person for the supply of water from the ' | ’ |
| works, and such contract was still in force immediately before such commencement, the following provisions shall, as from such commencement, have effect;—- |
| (a) | all such contracts shall be deemed to bo con tracts entered into by the Administrator pur | |
|
368 South-west Tablelands Water Supply Administration
Act.
Mo. 36, 1941.
(b) all suits, actions aud proceedings pending immediately before such commencement at the suit of the Minister for Public "Works under or in relation to any such contract shall be suits, actions and proceedings of the Administrator;
,
| (c) | all moneys and liquidated or unliquidated claims which immediately before such com mencement were payable to or recoverable by the Minister for Public Works under or in relation to any such contract shall be moneys and liquidated or unliquidated claims payable to or recoverable by the Administrator; |
| (d) | any securities given to or by the Minister for Public Works in relation to any such contract, and in force immediately before such commence ment shall be deemed to be securities given to or by the Administrator; |
| (e) | the Administrator may pursue the like reme dies for the recovery of any such moneys and claims and for the prosecution of any such suits, actions and proceedings as the Minister for Public Works might have done but for this Act; |
| > | (f) the Administrator may enforce and realise any |
| , | such security as if the same were existing in favour of the Administrator; |
| ' | (g) | all debts due and moneys payable by and all claims liquidated and unliquidated, recoverable against the Minister for Public Works under or in relation to any such contract, shall be debts due and moneys payable by and claims recover able against the Administrator. |
| Eegula- | 20. | (1) The Governor may make regulations not |
| tions. | inconsistent with this Act prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out the provisions of this Act. |
(2) The regulations shall—■
(a) be published in the Gazette;
| (b) | take effect from the date of such publication or from a later date to be specified in the regula tions; and |
| .........................................: | (C) |
| South-west Tablelands Water Supply Administration | 369 |
Act.
No. 36, 1941.
| (c) | be laid before both Houses of Parliament within fourteen sitting days after the publication thereof if Parliament is then in session, and if not, then within fourteen sitting days after the commencement of the next session. |
(3) If either House of Parliament passes a reso lution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regulation or part thereof, such regulation or part shall thereupon cease to have effect.
SCHEDULES.
| FIRST SCHEDULE. | Secs. 4, |
| . | • | 17 (2). |
| WorTcs the care and management of which are divested from the | ' |
Council of the Municipality of Cootamundra.
The following works constructed for purposes of Cootamundra Water
Supply:—
All those works (excepting the town service reservoir and reticulation mains within the Municipality) the completion of which was notified in Gazette No. 814 of 22nd November, 1892.
Ml those works (excepting the additions to the said service reservoir and extensions to the said reticulation mains) the completion of which was notified in Gazette No. 44 of 23rd January, 1906.
The submerged weir, the completion of which was notified in
Gazette No. 36 of 22nd March, 1911.
All those works the completion of which was notified in Gazette
No. 181 of 12th November, 1913.
| SECOND SCHEDULE. | Secs, i, 17 (2). |
WorTcs the care and management of which are divested from the
Council of the Municipality of Temora.
The following works constructed for the purposes of Temora Water
Supply:—
All those works, the completion of which was notified in Gazette
No. 54 of 4th May, 1923.
THIRD
370 Supreme Court and Circuit Courts (Amendment) Act.
| Uo. 36, 1941. | T iriE D SCHEDULE. |
| Sees. 4, | IVorEs n;i(h the Cf̂ re ond mfinagemeni of which ike CoundL of the The folloiviiig works constructed for purposes of Cootfimundra Water Supply |
| 5(2). | Municipality of Cootamundra is charycd. |
The town service reservoir aud reticulation mains within tlie Muuicipalit.v, the completion of which was notified in Ga:^ette Ko. S14 of 22nd Kovember, ISO2.
The additions to the said service reservoir aud extensions to the said reticulation mains, the completion of which was notilied in Gazette Ko, 44 of 2Srd January, 1900,
Tlie extensions to the .said reticulation mains, the completion of
which was notified in Gazette Ko. 120 of lltli August, 1922,
0
0
0