The Adelaide Sewers Act Amendment Act 1883 (SA)

ANNO QUADRAGESIMO SEXTO ET QUADRAGESIMO

SEPTIMO

VICTORI& REGINB.

A. D. 1883-4.

No. 303.

An Act to amend the "Adelaide Sewers Act."

[Assented to, Fe bmary 28th, 1884.1

HEREAS it is desirable to amend the Adelaide Sewers Preamble.

works on a system of deferred payments, and otherwise to amend

W Act" so as to provide for the doing of certain drainage

the same-Be it therefore Enacted by the Governor of the Province

of South Australia, by and with the consent of the Legislative

Council and House of Assembly of the said province, in this present

Parliament assembled, as follows:

1, This Act may be called "The Adelaide Sewers Act Amend- incorporation. sho*titlema

shall be paid by such tenant to such owner at the times appointed for the payment of rent under such tenancy, and shall be a debt from such

ment Act," and shall, so far as the same is not hcreby altered, be incorporated with the " Adelaide Sewers Act," hereinafter called

''	the principal Act,"
2, Section 48 of the Adelaidc Sewers Act " is hereby repealed, Adelaide Repealof Sewera c h ~ e 48 ~ c t, of

and henceforth the cost of providing, laying down, constructing, and pymentof and fixing in readiness for use such drains and fittings as are neces- of c0muction* sary for draining any land or premises, shall be payable by the

owner of the first estate of freehold in such land or premises, and such owner shall be entitled to charge any tenant to sich owner of such land or premises at the time of such cost being incurred interest during the remainder of the tenancy of such tenant at the rate of seven pounds per centum per annum on the amount of such cost, from the time of the same being paid by such owner or of such

owner becoming liable to pay interest thereon, and such interest

46" & 47' VICTORIW, NO. 303.

Adelaide Sewers Act Amendment A c t. 1 8 8 3 - 4.

such tenant to such owner, and shall also. be recoverable by distress in the same mamer as thc rent reserved, and in like manaer every tenant? or sub-tenant, who shall be charged interest under this clause shall be entitled to charge any sub-tenant to such tenant or sub-tenant of such land or premises a t the time of such cost being incurred with interest during the remainder of such sub-tenancy, and such interest shall be paid by such sub-tenant at the times ap- pointed for the payment of rent under such sub-tcnancy, and shall

be a debt from such sub-tenant, and shall also be recoverable by

distress in the same manner as the rent reserved under such sub- tenancy: Provided always that the provisions of this section shall not invalidate or affect any existing or future contract.

Rehos~ective power

of claune 2.	3. The provisions of clause No. 2 shall be retrospective as to all lands of which the freehold shall not have changed since thc sewage connection was made, and all tenants who have heretofore paid the said cost, or a moiety thereof, as the case may be, shall be entitled to recover such cost or moiety from his immediate landlord, and the
same shall be deemed a debt due from the immediate landlord to
his tenant, and be recoverable by action, or may be deducted by the tenant from the rent, and such immediate landlord, after having paid the said cost, shall be entitled to avail hitnself of all the rights and remedies conferred by the said clause.

Persons liable to	4.	Whcre any owner is liable, under this Act and thc principal
make connections may

apply to have work

Act, to bear the cost of the works referred to in section 48 of the

done on deferred

payments.

principal Act, it shall be lawful for such owner, to make applicn- tion in writing to the Commissioner, asking that the works re- ferred to in section 48 aforesaid may bc zone under the direc- tion of the Commissioner, on a system of deferred payment, and thereupon it shall be lawful for thc Commissioner to enter into m agreement with the applicant for the doing of such works, under the direction of the Commissioner, at a price to

be therein named, and for the payment of such price by the applicant in not more than twelve quarterly instalments from the completion of the works, and interest at the rate of six per centum

per annum on the amount remaiuing to be paid shall be added to

each instalment.

Commissioner upon

completion of work 5. Upon the execution of such agreement by the applicant, the

to a i ~ notice to Commissioner shall cause the works aforesaid to be done, and forth-

ap$cant .	with upon the completion thercbf shall give notice in writing to the applicant of such completion, and of the quarterly days on which the instalments of payment will respectively fall due.
sewers Act of 18T8
amended,	6. Sections 87,88,89, and 92 of the "Adelaide Sewers Act, 1878," shall extend to charge the cost of laying down, constructing, and fixing in readiness for use such drains and fittings as are nccessary for draining any land or premises upon such land and premises, and to enable the Commissioner to recover such cost and interest pur- suant to all the provisions of such sections in like manner as if

such

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Adelaide Sewers Act Amendment Act.-1883-4.

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such cost and interest formcd portion of a sewerage rate made

under authority of thke said Act, and the said sections shall be

read as if the words "or the cost of laying down, constructing,

and fixing in readiness for use tlx drains and fittings, referred to in sectlon 48, with interest," were inserted in the said sec- tions after the words C' sewerage ratcs," Lcrates" ttnd sewerage rate," wherever such words occur.

7. And whereas i t is desirable that the system of rating and col- " a h ~ 0 r k s a ~ 8 e s ~ - ment is to serve for

lcctioii for water rates and sewcm rates sl~oulci be uniform, be it sewers assessment,

enacted that the materworl~s assessment made b y the C~oinmissioner ~ ~ d ~ ~ ~ ~ ~ i ~ ~ ~ h

of Waterworks under '' 'I'hr: TVaterworlrs Act, 1882," or any Acts together.

hereaftex passed in that behalf, shall also be the sewcrs assessment under the 'LAtlel;de Sewers .~4ct," and the particulars of water ratcs and the particulars of scwers rates by those Acts respectively rc- quired to be delivercc1 to owners or occupiers, and all o t lm notices relating to the said rates respcetivdy, may bc comprised in the snmc document, and may be .ivholly written or wholly printed, or partly written and partly printed.

8, The Central I3oard of Health may, in their discretion, bp rowerfortheCentra1 Board of Health to

notice in writing, require any pcrson whose premises are connected requim r,,rlo eoli-

with t h ~ sewers to construct such works and da such things as ~t ruc tea deodorising for serage.

may be by the said Board deemed necessary for deodorising or rendering as innocnons as possible any sewage matter before i t enters the sewers.

9, The Commissioner mi~y, at thc request of the Central Board Power to r c f w t o admit sewage matter

of I-Tealth, refuse to admit into any sewcrs or drains: ~ n y solid or into sewers.

liquid sewage matter wllicll would prejudicially affect the sewer S

or drains, or which would from its temperature, nature: or othcr~vise,

be injurious. For the purposes of this section the Commissioner AWI to disconnect

may cause any sewers or drains to be disconnected or closed. drains.

I11 the name an& on behalf of Her Majesty, I hereby assent

to this Bill.

WIIILIAhf C. F. EOBINSON, Governor.

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Adelaide : By authority, E. SPILLER, Government Printer, North-terrace.