The Irrigation and Reclaimed Lands Act 1908 (SA)

ANNO OCTAVO
EDWARDI V11 REGIS,
No. 953.
An Act to provide for Irrigation and to create Boards for Reclaimed Swamp and other Lands, and to enable Loans to be made to Lessees of Reclaimed and Irrigation Areas.

[Assented to, November

rr th, 1908.1

E it Enacted by the Governor of the State of South Australia,

follows:

B with the advice and consent of the Parliament thereof, as

PART

PRELIMINARY.
1, This Act may be cited as " The Irrigation and Reclaimed short title.
Lands Act, 1908," and shall be read and incorporated with " The Crown Lands Act, 1903 " (hereinafter referred to as '' the principal Act "), and all Acts amending the same.

This Act is divided into l'arts and Divisions, as follows :-

Division of ~ e t.

PART I.-Preliminary

PART

11.-Reclamation

of Swamp Lands and Proclan~ation

Irrigation Areas:

PART

111 ,-Management

before Constitution of Board:

DIVISION I.-Improvements

DIVISION

11.-Acquisition,

Tenure, and Transfer of Land:

DIVISION

11 I.--

Financial:

PART

1v.-Constitution

of Board and Management thereafter,

and Advances:

DIVISION

I.-Constitution

of Board and Advances thereto:

A-953

DIV~SION

8" EDWARDI VII, No. 953.
The Irrigation and Redaimed Lands Act.-1908.

PART

DIVISION

11.-Members

of Board, Incorporation, &c.:

D~VISION

111,-Officers of Board:

DIVISION

rv.-Meetings

and Business of Board:

DIVISION v.-General

Powers and Duties of Board:

PART v.-Loans

to Lessees:

PART	VIII.-Legal Procedure, &c.

Interpretation.
3, In this Act, and in regulations and by-laws made and leases
granted under this Act, and proceedings taken under this Act or such regulations or by-laws, except where the context or subject matter requires a different construction -
" Board " means a Board constituted under this Act:
"By-law " means a by-law made by a Board under this Act:
66Commissioner" means the Commissioner of Crown Lands of the said State, or the Minister of the Crown for the time being discharging the duties of such Commissioner:
"Embankment" means any bank or dyke constructed by the Commissioner to protect land from inundation by water from any river or the sea, or any inlet or arm of the sea:
" Factory " includes buildings, machinery, and appliances for the
purpose of wine-making, fruit- preserving, or dairy in g, or any
other purpose approved 'by the Commissioner:

" Gazette " means The Xoutlt

Auutraliat~ Govermzent Gazette :

Government officer " means the member of 'a Board appointed
by the Governor:

"	Irrigation area " means an irrigation area proclaimed under this

Act:

"Justice " means any Justice of thc Pcace for the said State:

'( Land Board " means the Land Board under Part IV. of

The

Crown Lands Act, 1903 ":

Lessee " includes, as well as the original lessee of

the land held

under a lease issued pursuant to this Act, the transferee of such lease, and the executors or administrators of such lessee or transferee:
'c Prescribed " means prescribed by this Act or any Act incor-
porated herewith, or by regulation or by-law:
Proclamation " means Proclamat.ion by the Governor in the
Gazette r
Ratable property " means any laud situate within an irrigation

area other than unleased Crown lands:

c' Itatepayer "

8" EDWARDI VII, No. 953.

The Irrigation a d Reclaimed Lands Act.-1908.

-p----

PART

(( Xatepayer " means the occupier or lessee of

ratable property:

lC	Reclaimed lands" means lands reclaimed from being swamp

lands:
Regulation " means a regulation made under this Act:
U Survey or-General 'l" means the Survey or-General for the said
State, or the person for the time being discharging the duties of the office of the Surveyor-General:
The Treasurer " means the Treasurer of the said State, cr the Minister of the Crown for the time being discharging the duties of such Treasurer:
icrl'his Act" ircludes regulations and by-laws made under this Act.

1905," and the whole of " The Reclaimed Swamp Lands Trusts of 1906, 910 of 1906

4. (1) Part I. of "The Crown Lands Act Amendment Act, Repeal part r.of 899

Act, 1906," are hereby repealed.

(2) Such repeal shall not affect any authority constituted, power conferred, duty imposed, right granted or accrued, interest created, liability, forfeiture, or penalty incurred, offence committed, or any other thing done or omitted to be done under the said enactments, or any legal or other proceedings commenced or hereafter to be corn- menced with respect to any of such matters or things.

(3) All such matters and things are, so far as consistent with this Act, hereby preserved and continued and declared to be of the same force and effect as if the said enactments were still in foixe, or as if they were made or done undey this Act, as the case may require; and any Board of Trustees constituted under " The Reclaimed Swamp Lands Trusts Act, 1906," shall continue as a Board con- stituted under this Act.

5, All powers conferred by this Act upon the Commissioner Diacretionary

exerciae of

shall be exercised when, where, and in such manner as he thinks fit, Commbeioner7a

unless otherwise expressly provided.

powers.

PART 11.

PART

11.

RECLAMATION OF SWAMP LANDS AND PROCLA-
MATION OF IRRIGATION AREAS.
6. The Comnhsioner may reclaim and improve any swamp &&mationmd
lands, whether such lands are or are not at the time included or improvement of

intended to be included in any irrigation area, and may construct

swamp lands.

all such embankments and other works, and do all such other thinga New.
as he deems necessary for such reclamation and improvement.
7. (1) The public moneys to be expended by the L'ommisaioner Proviaion of monega

in reclaiming and improving swamp lands and lands in irrigation for	improvement	reclamation	of and	Ianda.
areas proclaimed as in this Act provided, in constructing, improving,

and New.
4 8" EDWAKDI VII, No. 953.
The Irr igation and Reclaimed Lands Act.-1908.

PART

11.

and maintaining embankments, and in carrying out the objects of

t.his Act with regard to lands in such irrigation areas, shall not

exceed the amount provided by Parliament for that purpose.

(2) Such moneys, and all moneys advanced to boards as provided by section 31 hereof, which have been voted by Parliament, shall be paid out of loan moneys, and shall be repaid to loan fund with interest at the rate of Four Pounds per centuni per annum.

Future advancos to

Boards to be approved

8. No money shall be advanced to a board or spent by the

by Parliament.	Commissioner under this Act, otherwise than as provided by sec- tion 6 hereof, in any irrigation area other t h a n the Beri Beri, Waikerie, and Ramco schemes unless a resolution approving of such irrigation area has been carried by both Houses of Parliament.
Proclamation of

irrigation areaa.

9. The Governor may by Proclamation set apart any Crown

lands as a n irrigat,ion area. Any such irrigation area may consist

h'e W.	wholly of reclaimed or wholly of other lands, or partly of reclaimed and partly of ot,her lands, but shall not include any embankment within the meaning of section 3 hereof.
boundaries of

Power to alter	10. The Governor may from time to time by Proclamation-
irrigation areas.	(1) Withdraw any land included in any irrigation area from such

New.	area; and may, as to the whole or any part of the land so mith- drawn-

( a ) Proclaim it to be an irrigation area; or
( b ) Include i t as part of a new irrigation area; or
(c) Include it in an irrigation area then already proclain~ed.
(2) Set apart any Crown lands and include the same in any irrigation area then already proclaimed.

Survey and

11. (1) 'She Commissioner shall cause the land included in any

subdivision into

blocks.

irrigation area, and the lands, if any, adjoining which arc to be

New.

leased in connection therewith t o be surveyed and, subject to sub-

section (3) of

this section, to be subdivided into blocks.

size and classes of

land in blocks.

(2) Such blocks shall be of such size as he shall determine on the recommendation of the Land Board, and, subiect as in this subsec- tion provided, shall contain such class or classeB of land as he thinks advisable. Any block may contain not more than fifty acres of re- claimed land, and may also contain not more than fifty acrcs of land considered by the Commissioner t o be irrigtble land, and may also contain any area of other land.

Reserves.

(3) The Commissioner shall set apart such parts of the land included in any irrigation area as he deems proper as Government reserves, reserves for roads, water channels, wharves, docks, com- monage, and park lands, sites for towiis, pumping stations, machi- nery and factories, and for any other purposes appmved by him; and may from time to time set apart such otiler parts of the said land as he deems proper for any of the said purposes. (4) The

8" EDWARDI VII, No. 953.

The h d g a t h n and Reclaimed h&

Act.-1908,

PART

11.

-p----

(4) The Commissioner may cause sites for towns to be sub- divided into allotments.	Subdivision of town
eitee.

12. A plan, signed by the Surveyor-General, of the land in any

Plan.

irrigation area as so surveyed, subdivided, and reserved as aforesaid,	New.
showing the subdivisions thereof, and distinguishing the several blocks by separate numbers, and the parts so reserved, shall be kept at the office of the Surveyor-General.

PART 111.
MANAGEMENT BEFORE CONSTITUTION OF BOARD.

13. Until the constitution of a Board for an irrigation area, such area shall be managed and controlled by the Commissioner,

Management by

Commiaeioner.

subject always to the control of Parliament respecting the moneys

New.

to be expended on such area.

14, The Commissioner, upon an irrigation area being proclaimed,

Commiaeioner may

purchase plant.

mav purchasc and erect pumping machinery thereon, construct irri- facilities for supplying water to such area, or to such part or parts thereof as he thinks expedient, and for irrigating the irrigable lands therein.

16. 'The C'ommissioner may construct roads, streets, bridges, Constructionof made.
wharves, docks, and jetties upon any irrigation area, and erect
factories on any land reserved therefor.

16. The Imid Board shall, subject to the approval of the Corn- Board to fix rent.

missioner, fix the annual rent to be paid for each block in an irriga- A C ~	899, 1905, e. 4.
tion area.

17. Each block shall be off'ered on perpetual lcase at a rental as Terme of lease.

hereinafter irientioned.

Ibid, S, 6.

18. Persons under eighteen years of age, aud Asiatics, are dis- Divalificatione a8

qualified from being lessees.

leaseholder.

Cf. Act 830, 1903,

S. 211.

19. For the purposes of this Act all the provisions of the principal Incorpmstion of

certain

rovieione of

Act which relate to fixing of rents, to invitations for, consideration, Cmrn&nd8 Ac4
acceptance, or rejection of applications for leases, to allot- 830of 1903.
men t of lands, and to the interpretation, preparation, execution,

registration, transfer, transmission, and forfeiture thereof, in so far	Cf. 899, 1905, a. 6.
as such provisions are not repugnant to this Act, shall apply ?nutatis miitandis to leases for blocks under this Act. 20, The

8" EDWARDI VII, No. 953.

The Irrigation and Reclaimed Lands Act. -1 908,

Paw rrx,

- - --

I+Y;SION

r q

20, The rent for each block shall not be less than Four Pounds per centum per annum on the unimproved value of the land com- prised therein and the cost of reclaiming such land and of pro-

How rent

Ibid, a. 7.

viding pumping and irrigation channels in such block.

Payment of rent.

21, (1) The said rent shall be payable as follows :-

Ibid, 0. 8.

(a) For the first year one-quarter of the fixed annual rent:

( b ) For the second year one-half of

such rent:

( d ) For the fourth and each succeeding year thereafter the full

amount of

rent as fixed under sections 16 and 20 hereof.

Bent t9

p &wd in

(2) All rents shall be due and payable in advance.

advanoe.	-	.
Ibid, a. 9.

Area of holdings.	22, No person shall, in his owl1 name or in the name of any other person, or either by himself or conjoiutly with any other person, be
Ibid, S. 10, altered.	the holder of more than one block.

Form

of, lease.

23. Every lease shall be granted by and in the name of the Com- missioner, and shall be in the form in the Schedule to this Act, subject to any modifications or additions which the Commissioner thinks necessary for giving effect to this Act.

Dealing with

unallotted lands.

24. Any land in an irrigation area remaining unallotted for one year after being open to applicatiorl at the rent fixed as aforesaid may

Ibid,

S. 11.

be let at such reduced reutal as is fised by the Land Board and ap- proved by the Commissioner, or on miscellaneous lease, as provided in section 159 of the principal Act.

qpurchaeed lands	25.	Any land purchased under Part X, of the principal Act which
may be leased.

is included in an irrigation area may, notwithstanding the provisions

Ibid, m. 12, altered.

of such Part, and whether wholly or partially reclaimed or not, be

leased under the provisions of

this Act with other adjoining land.

Supply of water.

26. Upon the construction, wholly or in part, of the works upon

New.	an irrigation area, and until the constitution of the Board therefor, the Commissioner may supply water to lessees of such area at such rates and upon such terms as he determines.

cultivation of bids.

27. Lessees of blocks in an irrigation area may, before the con-

New.

stitution of the Board therefor, plant and cultivate their ~espective

blocks and make improvements thereon; but it shall be lawful for

the Commissioner to control such planting, cultivation, and improve-

ments in any case where it is deemed necessary by him or any inspec-

tor or other officer he appoints for the purpose.

DIVISION

r ~ r.

DIVIRION

111.--FINANCIAL.

Accounts to be kept.

28, The Commissioner shall cause to be kept in respect of the

N W.

Board of each irrigation area a separate account, to be called the

"	[lVame of' Board] Irrigation Account," to which shall be debited-

(a ) All

8" EDWARDI VII, No. 953.

The Irrigation and Reclaimed Lands Act.-1908.

(a ) All moneys expended by the Commissioner in carrying out the objects and purposes of this Act on the land in such

PART

hvxe10" Irra
area, both before and after the proclamation of such area, including all moneys advanced as provided by section 32 hereof to the Board constituted for such area which have been voted by Parliament;
( 6 ) Interest on all the said moneys a t the rate of Four Pounds per
centum per annum;
(c) Interest at the same rate on all moneys expended by the Com-
missioner in improving and maintaining any embankments
constructed for the protection of land included in such area;

,4nd to which shall be credited-

( a ) Rents received from lessees of

land within such area:

(I) All moneys received by the Commissioner on account of water supplied from the irrigation works on such area:
( c ) All moneys paid by the Board, as hereafter in this Act provided:
(cl) All moneys received from the lessees of town allotments
within such area.

ceding section, showing the sums respectively debited and credited for Parliament. ,

29. An abstract of the accounts provided for in the next pre- ~nnuelatatemente

therein under convenient headings, shall be annually laid before

Parliament.

PART

IV.

CONSTITUTION O F BOARD AND MANAGEMENT
THEREAFTER, AND ADVANCES.

DIVISION

I.-CONSTITUTION

O F

BOARD

A N D

ADFANCES

THERETO.

Drvrslox r.

30. When leases have been granted, pursuant to this Act,

of the

of not less than two-thirds of the blocks in any irrigation area, such irrigation area.
the Governor may, by Proclamation in the Gazette, constitute a New.
31. (1) The Commissioner may, upon and after the constitution Advancesb~

of the Board: from time to time advance to such Board such moneys

Commieeioner.

as are at his disposal for the purposes of such Board, or as are pro- N,,
vided by Parliament therefor, or for carrying out the objects and
purposes of this Act.
(2) Such Board shall be liable to the Commissioner for the repay- ment of all moneys so advanced, and of all moneys expended by the Commissioner in carrying out the objects and purposes of this Act in the irrigation area after the Land Board has fixed the rents of
block8
8" EDWARDI VII, No. 953.
The Irrigation and Reclaimed Lands Act.--1908.
blocks therein, as provided in section 16 hereof, with interest on all the last-mentioned moneys at the ].ate of Four Pounds per centuril per annum up to the day of the co~istitution of such Board. The moneys so advanced and expended and the said interest on the moneys so advanced are hereafter in this Division of this Act re-
ferred to as " the said advances ":
(3) A certificate in writing, signed by the Commissioner, or by the Commissioner of Andit, stating the amount of the said advances, shall be accepted by the Eoasd as conclusive evidence of such amount.

Annual repayments.

32. The said advances shall be repaid to the Commissioner by

Cf. Act 906, 1906,	the Board by twenty equal yearly instalments, together with interest
S. 131 (2).	on the amount of the said advances for the time being unpaid a t the
Cf. ibid, a. 135.	rate of Four Pounds 1)er ceritum per annum, the first instalment of principal of any advance to be repaid at the expiration of five years from the date of such advance: Provided always that the Hoard may at any time pay off the whole or auy part of the amount of the said advances then unpaid with the interest accrued due to the date of payment.
Annual instalments

charged on rates.

33. The said advances, together with the said interest thereon,

or so much of the said advances and interest as for the time being

New.	remains unpaid, shall be a first charge upon a11 rates from time to time declared or leviable by, and on all property for the time being vested in or belonging to the Board, and on all land in the irrigation area.
Procedure in m e of

default for three

34. If default is made by the Board in making payment of any

monthe.

such yearly instalment or interest, or any part thereof, the Commissioner may give notice to the Board or to any member

New.

or officer thereof of his intention to exercise the powers conferred upon him or his nominee by this Act if such default is allowed to continue; and if the amount then due in respect of the said advances or interest is not paid within three calendar months

from the giving, posting, or delivering to the Board or any member or officer theyeof of such notice, all powers of the

Board in relation to receiving and recovering outstanding rates,

making of assessments, and declaring, levying, and recovering of rates, shall, upon the Commissioner giving notice in the Gaxeite tllat such powers have become vested in him, or his nominee, as the case may be, vest in the Commissioner, or in such peiSson as he nominates, and inay at the option of the Commissioner continue so vested until the whole amount of the said advances and interest are repaid; and in such case no consent of a ratepayer to a special rate shall be required.

collected by Corn-

Application of money

35, The moneys received by the Commissioner or his nominee

miaeioner.	shall be applied in paying all moneys due or owing in respect of the said advances and interest thereon, and the costs incurred in carrying
New.	out the powers vested in the Commiasioner by this Act, and any surplus shall be paid30 the Board. 36. (1) Should

8" EDWARDI VII, No. 953.

PART

IV.

The Zw;9atiolz and Rechinzed Lands Ad.-1008.

-p

Dlv~s~o lv	I.
-

36,

( 1 ) Should the Board make default in payment of any of the

Procedure in qae of default for one year.

said yearly instalments or interest on the said advances, or any por-

tion or portions thereof, for one year, it shall be lawful for the

New.

Governor, by a Proclamation in the Gazette, t o determine the exis- tence of the Board, and thereupon the ~ommi&oner may resume possession and absolute control and management of the irrigation area, together with all machinery, plant, chattels, and appliances thereon or appurtenant thereto and belonging to the Board, and the same as welt as any land vested in the Board, and any other property of the Board, shall thereupon vest absolutely in the Commissioner.

(2) The Governor may at any time thereafter, by Proclamation in the Gazette, constitute a Board, which shall have the control and management of such irrigation area, and the same results shall follow therefrom as from the constitution of the original Board.

D~vrsroa

rr.

37, The Board shall consist of five members, arid shall be a ConatitutionofBoard.

body corporate under the name of

and shall have perpetual succession and a common seal, and by such altered.

The

Irrigation Board," A C ~

910, 1906,

a. 9,

name shall be capable of suing and being sued, and of purchasing, holding, and leasing land, and of doing and suffering, subject to this Act, all such other act,s and things as bodies corporate may by law do and suffer.

to hold office for the first twelve months after the constitution of the Board.

38. (1) The Governor shall appoint the members of the Board Appointment of

Board.	Ibid, s.	1 l, altered.
(2) The members to hold office after the expiration of such twelve months shall be appointed and elected as follows :-

(a) The Governor shall appoint one member, who shall be a
Government officer and be Chairman of the Board,

and shall hold office during the pleasure of the Governor,

and not be subjecb to retirement by effluxion of time:

( b ) All other members of

the Board shall be ratepayers within the

area, and shall be elected by the ratepayers from time to
time, as hereinafter provided:
(c) The elected members shall retain office until the election of their successors, as hereinafter provided.
(3) The Governor may appoint one of the members to be chair- man of the Board for the first twelve months after the constitution of the Board.
39. The Governor may appoint two auditors to the Board, who Auditon.
shall retain office until the election oi their succesaors, as hereinafter Ibid, I. 11.

provided.

40. .Every

B-Q63
10 8" EDWARDI VII, No. 953.

PART IF.

The Irrigation and Reclaimed Lands Act. -1

908.

DIVISION

11.

W ~ O

may be mcmben

40. Every ratepayer in the irrigation area, having attained the

of Board.

age of eighteen years, shall be qualified to be a member of the Board,

but shall be disqualified if

he-

(a) Is an uncertificated insolvent, or executes a statutory deed of assignment for the benefit of his creditors, or compounds with his creditors for less than Twenty Shillings in the Pound:
( b ) Holds the office of treasurer, auditor, or a place of profit in the
gift of the Board:

(G)	Is pecuniarily interested in a contract with the Board:

(d) Is in arrear for six months or more in payment of

any rent or

rates in respect of the land leased by him.

HOW

vacancy

occasioned.

41, The following acts and events shall cause a vacancy in the

office of a member of the Board :-

Ibid, a. 13,altered.

(a) Death or lunacy:

( 6 ) Conviction of

felony:

(c) Absence from the State, without leave of the Board, during the holding of three consecutive ordinary meetings, or failure to attend the meetings of the Board for three consecutive ordinary meetings without sufficient cause, followed, in either case, by a resolution passed by the Board within three weeks after the last of such three meetings declaring the ofice T-acant, which resolution the Hoard may pass, but are not bound to pass:

(d) Any disqualificat,ion, as indicated by the next preceding

section:
( e ) Resignation, by notice posted or delivered to the chairman, or if there is no chairman, to the Commissioner:
(f') Retirement by rotation, as provided by this Act:

(g) The judgment or order of any duly authorised Court or Justices declaring the office vacant.

The above-mentioned acts and events (except those in subdivision (c) and those in subdivision ( d ) so far as they include the holding of the office of auditor) shall cause a vacancy in the ofice of an auditor.
Time of elections.

Ibid, 8. 1 4.

42, (1) At the expiration of the first twelve months from the

constitution of the Board? and at the expirat ion of' each t d \

e mo~iths

thereafter, and subject to the provisions of su1)section ( G ) of

section

38 hereof, an election of

members and auditors s l d l be held.

(2) At the cspiration of such first twelve months, and at the

expiration of each twelve months thereafter, one-half of the ~r~embers

of the Board (other than the Government officer) shall retire.

(3) The members to retire at the expiration of such first twelve months shall be decided by lot.

The members to retire at the

expiration

8" EDWARDI VII, No. 953.

The Irrigation and Reclaimed Lands Act.-1908.

PART

DIVISION

11.

expiration of every subsequent twelve months shall be those who have been longest in office without re-election, and, when the number so ascertained does not equal one-half, lots shall be drawn between those who have been an equal time in office without re-election to decide which of them shall retire, and the retirement shall take place accordingly.
(4) At the expiration of such first twelve months, aud at the expiration of each twelve months thereafter, one auditor shall retire from office. The auditor to retire shall be the one who has held office the longest without re-election, and if both have so held office for the same length of time the auditor to retire shall be decided by lots to be drawn by the chairman.
A11 drawing of lots to decide retirements shall be made fourteen days at least before the day of election.
(5)

43, Within three months before any election of members of the Lists of lessees in

arrear, with rents and

Board or of

an auditor--

ratoa, to be poated at

polling-places.

( a ) The Commissioner shall send to the Government officer a list New.
of all lessees of land in the irrigation area who are six months or more in arrear in payment of any rent, and stating the amounts of such arrears, a copy of which list the Government officer shall cause to be posted in a con- spicuous place at every polling-place in the area:

( b ) The Board shall cause a list of

all lessees who are in arrear in

payment of any rates declared six months or more before the date of such election, and stating the amounts of such rates, to be posted in a conspicuous place at every polling- place in the area.
44. (1) The first members of the Board shall, by regulation, Eleotiona*

prescribe the manner in which elections of

members (other than the A C ~

sioJ 1908,

a. IS*

Government officer) and auditors shall be held.	altered.
(2) Every ratepayer of the full age of eighteen years whose name the roll of lessees, as provided by section 61 of this Act, may, subject	at the time of an election of members or of an auditor appears on
to subsection (4) hereof, vote a t such election.
(3) In case of joint tenancy or tenancy in common in respect of any ratable property, only the first of the joint tenants or tenants in common of such property who tenders his vote shall be entitled to vote.

(4) No lessee whose name appears in either of

the lists provided

for by the next preceding section shall be qualified to vote or shall vote at such election unless he produces to the presiding officer a proper receipt for the amount of rent or rates appearing on such list, as the case may be.
( 5 ) Any lessee may object to any person disqualified as mentioned
in the next preceding subsection being allowed to vote.
(6) The election shall not be invalid by reason of-

( a ) The non-posting of either or both of

the said lists:

( b ) The
8" EDWARDI VII, No. 953.
The Irrigation and Reclaimed Lands Act.-1908.
(6) The accuracy of either or both of such lists:
(c) The fact that any lessee whose name appears on either or both
of such lists is improperly allowed to vote.

Effect of abolition

45. (1) When the powers and functions of a Board are for any

and suspension.	reason suspended, or the Board is abolished, the Governor may, by
Ibid, s. 16.	Proclamation, authorise the Commissioner to exercise all the powers, authorities, functions, and duties of the Roard abolished, or whose functions are suspended, until such suspension ceases or a new Board is constituted, as the case may be.
Property to vest in
Commissioner.	(2) Thereupon all property, real and personal, and all obligations, authorities, immunities, rights, powers, privileges, functions, and
Ibid, S. 17.	duties ~ e s t e d iu or imposed upon the Roard, by any means whatsoever, shall be transferred to and vested in the Commissioner while the powers and functions of tlle Board are suspended, or until a new Board is constituted, as the case may be.

Failure of elections.

m. Upon failure by the first members of the Board to prescribe

Ibid, s. 18.

regulations, as required by section 44 hereof, or when ail election wholly or in part fails to be made as provided by this Act, or such election, being made, afterwards becomes wholly or in part void, the Governor may appoint the members and auditors of the Board required to be elected.

be given to each 47, The Board shall, within forty-eight hours after the election

Notice Of

person elected, and to of any member or auditor, cause to be delivered or posted to such be insertodin person a notice informing him of such election, and within fourteen

Ibid, 8. 19.	days of such election shall insert a notice thereof in the Gnxettr.
Where Board fails to

hold election, Justice 48. If the Board fails to 1)roceed to an election for the space of

to hold the election. by this Act to be held a Justice or Special Magistrate may, ,upon the

or Special Magistrate twenty-one days from the day on which such election is required

Ibid, S. 20.

request in writing of three lessees of the irrigation area, do evcry act

required to be done for holding such election.

Governor may appoint	49.	The Governor may appoint any new member to the Board in
member at any time.

Ibid, B. 34.	place of any member theretofore appointed by him.
Board to arrange

elections.

50, The members of the Hoard shall do all necessary acts,

matters, and things prior to the date when their term of office will

Ibid, S. 35.	expire to obtain nominations for members and auditors, and if the nominations exceed the number of members or auditors required, shall cause, on the date when they retire from office, an election to
be held to determine which of' the pcrsons nominated shall be the
members and auditors for the next ensuing year.

Detclmination of

51. Tln the event of any vacancy occurring in the ofice of any

~ffice

of elected

member.	elected member or auditor, a new member or auditor may be
Ibid, s. 36.	appointed to fill such wcancy by a majority of the members present

8" EDWARDI VII, No. 953.
(rhe Irrigation and Reclaimed Lands Act.-1908.

52. When from any reason the business of a Board is not carried on, or the business and works connected with the irrigatior, area is	Ooqernor may declare
officea vacant.
neglected, the Governor may declare the offices of sll the members	Ibid, 9. 37.
vacant, and thereupon, by Proclamation, appoint new members of such Boarcl, but sucll new members shall hold office only during such time as the members whose ofices are so declared vacant would have held office.
Board may appoint

53, Any Board may appoint all such officers to carry out the

oficere.

purposes of' this Act as they think proper and necessary, and may	Ibid, S. 21.
pay such salaries and allowances as they deem reasonable.

54. No member of the Board shall hold any office to which the	Member not to be
ofllcer under Board.

Board has the power of appointment.	Ibid, 0. 22. Member or oilher not
56, No member of the Board or officer shall be concerned or interested in any contract made by the Eoard.	to be interested in
contraot.
Ibid, e. 23.
56, Every person employed by the Board shall render to the Board, within such time and manner as they direct, true and faith-	Officer to render
nccounta.
ful accounts, in writing, of all moneys received or expended by him	Ibid, e. 21.
on account of the Board, and of all moneys due by any person to the Board, and on what account the same are due.

DIVISION

1v.-MEETINGS

AND BUS~NESS

OF A N IRRIGATION

BOARD.

57, The chairman shall have a casting as well as a deliberative vote.	Vote of chairman.
Ibid, s. 26.
58. In the absence of the chairman from any meeting or part of	be appointed.
Acting chairman may

a meeting from any cause one of thc members shall be elected by

those present to be acting chairman during the absence of the chair-	Ibid, R. 27.
man.

59. (1) Ordinary meetings of the Board may be held after three days' written notice thereof given to the members by the secretary,	Ordinary meetings.
Ibid, S. 2R.

or if there is for the time no secretary, then by the person perform-
ing the duties of secretary.

(2) Any special or extraordinary meeting may be called by the chairman, or any two members, giving the like notice in writing	Extraordinary
meetings.
thereof to the other members.	Ibid, S. 29.

60. Any three members of the Board shall form a quorum for

Quorum.

the transaction of business.

Ibid, B. 30.

(1) The Board shall cause a roll to be kept of all lessees holding lands within the irrigation area, setting forth the areas and positions	Roll of leeseee.
of such lands. Subject to the provisions of section 44 hereof, such	Ibid, S. 31.
roll shall be the electors' roll for the purpose of all elections of mem-
bers of the Board and of auditors.

61.
(2) Such
8" EDWARDI VII, No. 953.

PABT

IT.

The Irrigation and Reclaimed Lands Act.-1 908.

DITISTON	IV.
-

Alteration of roll.

(2) Such roll may be altered or added to a t any meeting of the

Ibid, 8. 32.

Board, and a revised roll shall be compiled once at least in every

year.

DLVISION

I)IVTSION

V.-GENERAL

POWERS

A N D

DUTIES

O F A BOARD.

Works and lands to

62, Upon a Board beiilg constituted for any irrigation area, all

be vented in the

Board.	roads, street-;, commonage lands, and other reserves within the area,
New.	and all i rr igat i~n and ~mblic works and factories, with the plant appertaining thereto, and all improvements made or constructed by the Commissioner under the authority of this Act, shall, subject to the provisions of this Act, vest in and be under the control of the Board, with the excel~tion of embankments and Government reserves and any works, built iings, or improvements on such reserves.
Board.

General powers of

63, The Board, in addition to all other powers, shall have and

Act 910, 190G,	and may exercise the following powers and authorities within the
.	S. 39, altered.	irrigation area :-

To make d~ains, &c.	I.	To do all necessary acts, matters, and things for the making, construction, improving, altering, cleansing, I-epairing, widening, deepening, diverting, or extending any chan- nel, drain, or watercourse, or any bank or defence against waters except an embankment:
Toerect buildings, &C.	1 1.	To erect all necessary buildings, factories, bridges, irrigation works, and machinery, roads, ways, wharves, docks, and jetties, and to maintain, alter, or discontinue the same: Subject as ~ g a r d s wharves, docks, and jetties to the ap1xoval.of any Marine Board or Harbor Trust or other similar body having authority over the same under any Act for the time being in force:

TO break up soil, &C.

1 1 1. To b'reak up, and, if

ilecessary, remove the soil of any road,

way, bank, dam, or footpath:

TO excavate trenches.

IV. 'l'o excavate and sink trenches for the purpose ol laying

down, making, and constructing channels and drains:

TO connect drains.

v. To cause channels and drains to communicate with any stream or watercourse within or without the limits of the irrigation area: Provided that no opening through or under any embankment may be made without the

consent in writing of

the Commissioner:

To remove enrt h,	vr. 'To enter by themselves or by their officers or agents upon any lands within the irrigation area for the purpose of inspecting 01. removing any earth, stone, or clay there- from, and of making, constructing, and diverting drains, channels, and watercourses, and of regulating the supply of water to any block, or to any person, or by any drain, channel, or watercourse, or for any of the purposes of this Act:
stone, aud clay.
To dig or bore.	TIT. TO enter themselves, or by their officers or agents, upon any

lands or premises whereon or wherein it is proposed to
execute
8" EDWARDI VII, No. 953.

The Irrigation and Reclaimed Lands Act.-1908.

PART IV.

D ~ V I ~ I O N

execute any works, and on land adjacent thereto, and,
if necessary, to dig or bore therein:

V l I I.	To	examine any weir, sluice, or floodgate within or without To examine and open the area erected in or upon or adjacent to any river, sluices and flwdgatee. stream, sea, inlet, or arm of the sea, lake, channel, water-
course, or other water; and, subject to the proviso to subdivision v. of this section, to open or raise any floodgate or sluice within or without the area for any purpose whatever:

IX.

use adjacent lands for making temporary roads or To use adjacent land.

approaches to any work:

works

X. To

do all acts, matters, and things, and execute and carry To execute

for the betterment at

out works of any kind having for their object the better-	area.
ment of the irrigation area, or to secure the health, comfort, or convenience of the lessees occupying lands therein:

X I.

levy rates on all ratable property in the irrigation area: TO levy r a h.

xrr. To raise special loans for irrigation works, and levy a TO raise aloian by
special rate for making necessary tanks, channels, or 8~ecia1mte.
watercourses, or repairs thereto, or any other incidental
work:
X I I I. With the consent of the Commissioner, to borrow moneys in TO borrow money
anticipation of its current revenue from any bank, by ''Om
way of overdraft, provided that such overdraft shall not
exceed in amount the income of the preceding year:

X	lv. To borrow money from the Commissioner for the general To borrow money

purposes of the Board out of funds at his disposal for siOneL	from the Comrms-
advances:

xv. To enter into contracts for effecting the purposes of this TO enter intocon-

Act:

tracta.

xvi. To regulate and control all drainage

waters in the main ~ o r e g ~ l a t e ~ a t e r ~.

channels and drains:

x n l. To equip, manage, and conduct factories, and buy and sell TO equip factories.
the produce of the irrigation area:

X V I

I r. To regulate the height at which water may or shall be main- TO rsgulate height of

tained in any channel or drain.

water.

64. ( 1 ) The Board shall have and exercise within the irrigation B O, , ~ to have m the

area all the duties, jurisdiction, powers. and authorities imposed p owere of a District

Council.

up011 and vcstecl in a District Council under

The District Councils

Ibid, 40, altered. not inconsistent with this Act, as are declared by Proclamation by the Governor.

Act, 1887," and any other Act for the time being in force in the said a.

(2) Ratepayers within the meaning of this Act shall have dl the powers and privileges conferred upon ratepayers under

The District

Councils

8" EDWARDI VII, No. 953.
The Irrigation and Reclaimed Lands Act.-1908.

PART m.

Councils Act, 1837," and any other Act for tlio time being in force

D ~ v l s ~ o ~

in the said State.

Inaorporation of

certain proviaions of

65. (1) For the purposes of this Act, all thc provisions of "The

N ~.

419 of ,887

District Councils Act, 18t(7," and any Acts amending or substituted

New.	therefor, which relate to-

(a) The jurisdiction, duties, powers. and authorities of District
Councils:
( b ) The duties, powers, and privileges of councillors, and all
elective officers:
(c) The appointment, dismissal, duties, powers, and privileges of
officers and servants appointed or employed by a Council:
( d ) Assessments, and appeals therefrom:
( e ) Rates and ratepayers:
( f ) Meetings and elections:
(g) Income and expenditure:
( h ) Evidence, procedure, and forms:
but in so far only as such provisions are not inconsistent with or repugnant to this Act, are incorporated mutntis nzutcrnclis in this Act.
lnterpretetion of

certain word8 in

(2) I n particular the following words occurring in such incor-

incorporatedpro-	porated provisions shall, for the purposes of this Act, have the
visions.
New.	meanings hereby assigned to them, namely-

" District " means Irrigation Area:
District Council " means Board:
" Councillor " or " member of the Council " means member of the
Board:

" Owner " means lessee.

Jurisdiction and

66. No District Council shall have or exercise any power, juris-

powers of District	diction, authority, or control within the irrigation area after the
New.	constitution of the Board.
Adjustment of
pmpertyl light., and	67. (1) If the land included in the irrigation area or any part local government area"), the property, rights, and liabilities of such lclcal government area and of the council of such local govern- ment area (hereinafter called " local authoritv ") which are vested in, appertain to, or are imposed upon such loci1 government area or local authority by virtue or by reason or in respect of the said land or part shall, upon the constitution of the Board, devolve upon and become vested in, appertain to, and imposed upon the irrigation area
obligations.	of such land was prior to the constitution of the Board situate within
New.	a District Council or Municipality (hereinafter in this section called
and the Board.

(2) If

80 EDWARDI VII, No. 953.

The I r r & ~ a t h

and Reclaimed

L a n h Act.-1908.

(2) If the said local authority and the Board cannot agree as to what property, rights, and obligations become vested in, appertain to, and imposed upon the Board, in accordance with subsection (1) of this section, the matter shall be decided by arbitration by two arbitrators, one to be appointed by the local authority and the other by the Board, and an umpire, to be chosen by the two arbitrators before they enter upon the reference.

PART

rv.

D ~ V ~ S ~ O N

deemed to be the ratepayers' roll for any purpose of rating, or any roll.

68, The roll to be kept under section 61 of this Act shall be ROU to be ratspayerr

matter connected therewith; and, if there is no revised roll, the then

existing roll shall for all purposes be deemed the ratepayers' roll.

91% ,,,$ ,,.

tion of the irrigation area and the use of the inhabitants thereof, at dietribute water.

69, The Board shall supply and distribute water for the irriga- Board to supply and

New. or distributing water if the want of supply arises from drought, low river, scarcity of water, or from any unavoidable cause or accident.
such rates and charges as are approved by the Commissioner; and
may supply and distribute water to other persons who own or occupy
land adjacent to the irrigation area in such quantities and at such
rates as are tlgreed upon by the Board and such persons; but the

70. All such rates for water declared by the Board shall be Rates to be deo~md

declared upon the basis of area, irrespective of improvements upon on the basis of area.
the land, and so that the total rates in any one year shall be at least New-
equal to a sum sufficient to cover the annual expenses of the Board,
and also all moneys for the time being payable to the Commissioner
in pursuance of the provisions of section 32 of this Act.

71, Except in respect of town lands, for the purpose of computing Amssment or

fractional parts of

the rates, a fractional part of

a rood, if equal to or exceeding twenty rd,,

perches, shall be deemed to be a rood; but if less than twenty perches, New
shall not be taken into account.

72. If any land within the irrigation area is not, as to the Boardmay drain

drainage of surface and storm water, drained by some efficient drain ,,ter.

eurface and storm

communicating with some watercourse or drain used under the .,,	,,,,	,,,,,	,	,,.
authority of this Act, the Board may construct through any land lying between the first-mentioned lands and the nearest such water- course or drain an efficient drain suited for draining therefrom and from the intermediate lands such surface and storm water as aforesaid, but so that such drain shall not pass through or under any house, building, or other like structure.

(1) All costs and expenses incurred in constructing such drain shall be apportioned by the Board among the ratepayers deriving thereby to pay coat.

O w n m benefitad

73.
any benefit therefrom, so far as possible in proportion to such benefit, Ibid.
and shall be repaid by such ratepayers after notice in that behalf by
the Board; and the same, if not paid, may be sued for and recovered
as a debt due to the Board.

C-963

(2)AIf

l 8	8" EDWARDI VII, No. 953.

The Irrigation and Reclaimed Lands Act.-1908.

P A ~ T

rv.

(2) Tf any dispute arises between the Bonrd and ratepayers or between ratepayers as to the correctness of such apportionment, the matter shall be decided by the Commissioner, whose decision shall be final.

water in low-lying 74. The Board may, by pumping or otherwise, reduce the water

Power to reduce

lma and apponi~n in any low-lying land within the irrigation area to such level as they

coat. deem proper, and shall apportion the costs and expenses of so doing

New.	among the ratepayers of all reclaimed land within the area in such proportions as they deem fair and reasonable.

PART V.
LOANS TO LESSEES.

Constitution of

75. (a.) A fund is hereby constituted, to be called the "Lessees

Lessees of Reclaimed

of lteclaimed Lands Loan Fund," and shall consist of such moneys

hods

ban Fund.

Act 910, 190e,

4r. as Parliament provides for the purposes of loans to lessees under this

Act.
( b ) Such moneys shall be set apart for such purpose, and shall be under the control of the Commissioner.
principal moneys

repaid to form part of

76. A11 moneys received by the Commissioner in repayment of

fund, but intereat to	any such advances to lessees shall be placed to the credit of the said
revenue.
be paid into the	fund, and form part thereof. Moneys received as interest shall be
Ibid, S. 46.	paid to the Treasurer in aid of' the general revenue of the State.

Commissioner tokeep

77. The Commissioner shall keep accounts showing all opera-

accounts.	tions on the said fund, as well as all moneys paid to and received
Lbid, s. 46.	from each lessee to whom any advances are tnade under this Act.

Advances.

78. Advances may be made by the Commissioner out of the said

Ibid, a. 47.

fund to assist lessees who have observed and performed the covenants

and conditions of' their leases to the satisfaction of the Commissioner-

I. I n erecting or completing permanent buildings, and making

permanent improvements on their lands:

11. I n the making of improvements which permanently increase

the capital value of the land.

Nature of improve-

ments.

78. Such last-mentioned improvements may consist of grubbing the land or fencing the same, erecting or making thereon permanent

Ibid, e. 48.

water improvements, such as drains, dams, wells, tanks, watercourses,

windmills, and the like.

Conditions of

advancee.

80. (1) Advances under subsection I. of section 7 8 shall not

exceed one-half of the cost to the lessee of the permanent buildings

Ibid, a. 49.

and other permanent improvements [if any) which are then subsist-

ing, in good repair and condition, on his block.

(2) Advances under subsection I I. of section 78 shall not exceed one-half the value of the improvements.

(3) The

8" EDWARDI VII, No. 953.
The Irrigation and Reclaimed Lands Act.-1908.

PART

(3) The amount owing to the Commissioner by any lessee for

moneys advanced under the said section, with interest. shall not at

any time exceed in the whole One Hundred and Twenty-five Pounds.

81. Every application for an advance shall be made in writing to Applications.

t,he Commissioner; and be

Ibid, B. 60.

I. In a form prescribed by the Commissioner; and

ir.	Supported by-
(a) The report of the Surveyor-General, or other authorised

officer, and

(L)	Vouchers, statutory declarations, and other evidence showing the cost of and condition of the permanent buildings and other permanent improvements (if any), and
(C)	Such other evidence as the Commissioner requires.

In computing the cost the labor of the lessee may be taken into account.

82. (1) Every lessee, on obtaining such an advance, shall enter Agreement to be

into an agreement with the Commissioner in such form as prescribed, executed by Iessee.

and such agreement may contain such additional terms and conditions Ibid,	61.
as the Commissioner thinks necessary.
(2) The lessee shall deliver up his lease to the Commissioner, to be held by him, and for indorsement thereon of the particulars of the advance. Upon production of the lease, with such indorsement signed by the Surveyor-General, the Registrar-General shall enter

~ u c h

particulars on the Register Book under 6LThe

Real Property aso of lsse,

Act, 1886."

83. All moneys so advanced to any lessee shall be repaid to Moneys,how mpaid.

the Commissioner by twenty equal annual instalments, together with

interest on the amount for the time being unpaid a t the rate of Four New.

be paid a t the expiration of five years from the date of such ad-	Pounds per centum per annum, the first instalment of principal to
vance: Provided that the lessee may pay the whole or any portion of the amount advanced a t any time prior to the expiration of the time agreed or prescribed for payment.

84. Any breach by the lessee of

any of

the terms or conditions ~

of such agreement shall be deemed a breach of

the conditions of his liable to forfeiture.

lease, and shall render such lease liable to be cancelled and forfeited, n.t 910,1906, .. 63.

or, a t the Commissioner's option, to be sold and transferred, in the'

same manner as Crown leases when rent is in arrear.

85. In cases of hardship the Commissioner may extend the Extandon of time for

time for making any payment on account of any such advance: Pro-

repayment.

vided that the deferred payments shall bear interest a t the rate of Ibid.	'. ''.
Five Pounds per centum per annum.

86. While

r	8" EDWARDI VII, No. 953.

The Irrigation and Reclaimed Lands Act.-1908.

PART

-
Learn not to mmove

destroy, or injure

86, While any principal or interest moneys remain owing by

irnprovemente.	any lessee in respect of such advances the lessee shall not pull
Ibid, a. 65-	down or remove, or suffer to be pulled down or removed, or alter, or destroy, damage, or injure, or suffer to be altered, des- troyed, damaged, or injured, any permanent building, erection, or fence, or any drain, dam, embankment, windmill, or other water improvemenCerected or made upon the land comprised in his lease, without the consent in writing of the Commissioner thereto.
Mortgages, &C., sub-

sequent to advance to

87, When any lessee has obtained such an advance, no sub-lease,

be void.

mortgage, or other encumbrance subsequently executed by him shall

Ibid, a. 66.

have any validity until such advance, and all interest in respect

thereof, are fully repaid and satisfied.

PART VI.
REGULATIONS.

Regulations.

88. The Governor may, as to any or all irrigation areas pro-

Ibi4 s- 57, altered*

claimed under this Act, from time to time, make, alter, and rewind all such regulations as appear necessary or advisable, for regu- lating-

(a) The duties, powers, authorities, and privileges of all persons
employed in the administration of this Act:
( b ) The meetings and proceedings of Boards and of ratepayers:
(c) The supply and distribution of water upon irrigation areas,
and the charges therefor:
( d ) The management of irrigation areas, and all improvements thereon, and the employment, duties, and privileges of lessees and occupiers of the land until the constitution of Boards:

(e j

The making and dealing with applications, fixing of

boundaries,

areas, rents, and purchase-money, and the making of sur-

(, f ) The form and contents of notices, applications, leases, licences,

veys:

and all other instruments and documents, and the mode of

executing, serving, or delivering the same:

(g) Elections:
( h ) The making of assessments, and the declaring and recovery of
rates:
(i) Transfers, transmissions, and forfeitures:

( j ) The imposing of

penalties:

(k) The time and manner in which any act, deed, matter, or thing required by this Act to be done, and as to which no time or procedure is provided, is to be done or performed:
( I ) 'lhe subjects upoil which the Boards may make by-laws, and
their confirmation by the Governor, and publication:

(m) Fees

8" EDWARDI VII, No. 953.
The 'heirrigation and Reclaimed Lands Ad.-1908.
PART TI.

(m)	Fees to be paid and charges to be made:

(n) The income and expenditure of Boards:
( 0 ) All other matters and things arising under and consistent with
this .4ct not herein expressly provided for, and for other- wise folly and effectively carrying out and giving force and effect to the various objects, purposes, powers, and authorities of this Act, and guarding against evasions and violations thereof:
(p) Penalties for breaches of any such regulations, and additional penalties for a repetition or continuance of such breach: Provided that the penalty for any ingle breach shall not exceed in any case Twenty Pounds, nor for any con- tinuance Two Pounds for each day of such continuance.

89, (1) All such regulations shall be ~ublished

in the Gazette, Regulations to hare

form of law, and to

and shall thereupon have the force of law.	be laid before Parlia-
ment.

(2) All such regulations shall be laid before both Houses of Par- Ibid, I. b8.
liament within fourteen days after the publication thereof, if Par- liament is in Session at the expiration of such fourteen days, and if not, then within fourteen days after the next Session of Parliament begins; and if, within thirty days after the laying before Parliament of any such regulation, either Hoiise of Parliament passes a resolu- tion objecting thereto, the same shall (so far as so objected to) thenceforth cease to have the force of law, and notice of such resolu- tion shall forthwith be published in the Gcrzette.

(3) The Gazette containing any such regulation purporting to be $$tiz:ym

made by the Governor by virtue of this Act shall be conclusive evidane6 of the valid maGiing and of the contents thereof, and the Gazette containing a notice of a resolution being passed by either House of Parliament objecting to any such regulation shall be con- clusive evidence of the passing of such resolution and of the contents thereof.

90, Any Board may make, alter, and rescind such by-laws as are W a w a made by

necessary or convenient for carrying out any of the provisions of this B W ~ ~ S.

Act in its irrigation area, and for the following purposes:-

Ibid, s. 69, altp$.

r. To regulate the manner of calling and holding meetings of
the Board and committeea thereof, and the quorum of such
committees:
11. To regulate the forms and places of posting or manner of

publication of public notices to be published by the

Board:

ur. To regulate elections and the appointment of officers or other persons to carry out the provisions of this Act in relation to elections:
i v. To
8" EDWARDI VII, No. 953.
The Irrigation and Reclaimed Lands Act.-1908.
IV. To regulate the appointment, duties, and control of all or
any officers or servants of the Board, and the times and
modes of payment of their salaries, fees, and wages:
v. To fix or regulate the securities to be taken from, or on be-
half of, or to secure the fidelity of any officer or servant:
us. To regulate the making of assessments and the making or
declaring of rates:
v1 1. For the appropriation and expenditure of the revenue of the
Board:

v r I 1. For the punishment of persons falsely representing them- selves to be officers of

or appointed by the Board:

IX. For the more effectual exercise of the powers and diszharge

of the duties and liabilities hereby confkrred and imposed

on the Board:

X. To require owners and occupiers to fence supplies of water:
XI. To regulate the irrigation water supply and the flow of irrigation and drainage waters into, in, or through any

channel, flume, or pipe, and the disposal of

such waters:

xr r. To fix fees and charges:

I I. To fix pecuniary penalties for offences against or breaches of such by-laws, or any of them, and to fix additional penal- ties for a repetition or continuance of any offence or breach: Provided that no penalty for any single offence or breach shall exceed 'L'wenty Pounds, nor for any con- tinuance Two Pounds for each day of such continuance:

x ~ v.

For any other purpose arising under and consistent with this Act not herein expressly provided for, and for other- wise fully and effectually carrying out and giving effect to the various objects, purposes, powers, and authorities of

this Act, and guarding against evasions and violations

thereof.

B ~. L ~.

to be prcd

91. (l

j At least three-fifths of the members then in office shall

bp three-fiftha of	be present a t the meeting of	the Board to pass any by-law.
membet a in ofice.

Ibid, S. 60.	(2) No by.law shall be of any force until signed by the chairman and secretary, and confirmed by the Governor, and published in the Gazdtt*.
(8) After the expiration of one month from such publication, a by-law shall have the force of law, and shall, until altered or repealed, have effect within the irrigation area as if such by-law mere part of this Act: Provided that in case of any conflict between any by-law
made by any Board and any regulation made by the Governor the
regulation shall be held to prevail.

PART

8" EDWARDI VII, No. 953.

The Iwdgation and Redaimed Lands Act.-1008.
PART VII.
MISCELLANEOUS.

92. All water required by the Commissioner for the purposes of water

ba t .k~n

this Act may be taken from the River Murray, or any other river, ~

or from any creek, stream, lagoon, or other water within any irrigation	New.
area; and all water required by any Board for such purposes may be taken from the River Murray, or any other river, or from any creek, stream, lagoon, or other water within the irrigation area of such Board.

93. Every Board shall cause all watercourses, channels, or drains M

to oleo

within its irrigation area to be kept so as not to be a nuisance or watemu-~"

injurious to health, and to be properly cleared, cleansed, and Act Qlo,lgO%	1-61.
maintained in proper order; and any Board making default in any of such matters shall be liable to the occupiers of land for any damage thereto in consequence of or through the disrepair of any such watercourse, channel, or drain.

94. (1) Nothing in this Act shall render any Board, or the N O I. . ~ S ~ ~

OM-

Commissioner, or the Government of the said State liable for damages

consequent upon insufficiency of water, or for injury to any land or I W 8-02.
other property which happens through or by such insufficiency, or
through or by flood waters or the overflowing of any river.

(2) Nothing in this Act shall render anv Board liable for injurv NO

liability except

happening through or by the breaking df any dam, bank, wate;

fOr"glmt lorepair.

course, channel, drain, or sluice, unless such injury arises through Ibid.
neglect to keep such dam, bank, watercourse, channel, drain, or
sluice in repair, and unless the occupier of the land or property
injured had give11 written notice to the Board warning them of the
probability of such injury, and the Board has neglected within a
reasonable time thereafter to make any reasonable repair of such
dam, bank, watercourse, channel, drain, or sluice; and in such case
the remedy shall be only against the Board and the funds thereof,

and not against the individual members.

S.	(1) W henever any irrigation area is subdivided into other Abolition or alteration

irrigation areas, enlarged, or curtailed, as mentioned in section 10 of a m.

hereof, or is abolished, the Governor may appoint some person to hold Ibid.	63.
an inquiry and make an award apportioning the real and personal property, and the debts, liabilities, and engagements of the Board of such irrigation area as may be deemed advisable by such person.

(2) Any such award may provide for all or any of the matters Awardon.

included in the subject for inquiry, and may declare in whom any IW,	64.
property shall be vested, and by whom any moneys shall be paid, or other acts or things done, inclding the payment of any costs of the inquiry, and may sive such directions as may be necessary to give effect to the inquiry.

96. Every such award shall be final, and shall, from the date =,*h].
thereof, have the operation of and be enforceable as if it were a IW, 05.

judgment of the Supreme Court,

97. Nothmg

8" EDWARDI VII, No. 953.

The Irrigation and Recla,ime& Lands Act.-1908.

P a m YII.

C d i t b b tights '	97. Nothing in the three immediately preceding scctions shall or shall relieve the ratepayers for the time being in any irrigation area from their liability to pay any special rate made under the pro- visions of this Act for a security for any advance.
preserved.	in any way affect the rights or interests of any creditor of any Board,
Ibid, 8 66.

PART VIII.
LEGAL PROCEDURE, ETC.

~ ~ ~ ~ t t s t o b e

evidence.

Proclamation, regulation, by-law, notice, appointment, or other noti-

$38. The production of the Gazette in which is published any

fication, made or given, or purporting to be made or given, pursuant to this Act, shall be conclusive evidence in all Courts and before all tribunals that such Proclamation, regulation, by-law, notice, appoint- ment, or notification was duly made or given and is of full force and effect, and of the conteats thereof, and of the matters stated, recited, or assumed therein.

l?mlamation valid

99. No Proclamation shall be invalid by reason of anything

"'p-.

required as preliminary thereto not having been done, or not hiving

act 910,1906, 8. 69.

been duly done.

Documents of Board,

100. Every notice, document, or other writing requiring to be

how verified..

authenticated by any Board may be sufficiently authenticated with-

Ibid, 8. 70.

out the common seal of the Board, if signed by the chairman, by

two members of the Board, or by the secretary.

Service of notices.

101. Service of any document may be effected by giving the same

lbid, 8. 71.

personally to the chairman or secretary, or leaving it a t the office of

the Board with any person employed therein.

Seal of ~oara

102. The corporate name of every Board shall be part of the seal

prove ibelf.

of such Board, and judicial notice shall be taken of such seal by

Ibid, 8. 72.

every Court and tribunal, and such seal shall be kept at the office of

the Board.

Offences.

103. The failure of any person to do any act, matter, or thing,

Ibid, 8. 73.

when required so to do by any Board under the powers vested in them by this Act, shall be an offence against the provisions of this Act.

Penalty where none

104. Any offence against this Act for which no punishment is

specified.

specified shall be punishable by a penalty of not exceeding Twenty

New.

Pounds.

w h o may lay infor-

106, (1) All proceedings may be had and taken, and all com-

matim, and hearing

of name. plaints and informations may be laid, for any offence against this

Act 910, 1906, B. 74. Act, a t the instance of any person; and all complaints and informa-

tions shall be heard and determined, and all moneys, costs, and

expenses shall be recovered, in a summary way befbrb a special

Magistrate

8" EDWARDI VII, No. 953.
The Irrigation and Reclaimed Lands Act.-1908.

W..--

PABT

VIII,

Magistrate or any two Justices; and all such proceedings shall be in manner provided by the Ordinauce No. 6 of 1850 and the Act No. 298 of 1883-4, or any A d for the time being in force as to procedure before Justices.
(2) The Special Magistrate or Justices may also, in case any penalty is imposed, order the defendant, in default of payment thereof, to be imprisoned, with or without hard labor, for any period not exceeding six months.
106. All penalties shall, except where otherwise provided, when Pedtiea.

recovered, be paid to the Treasurer,

Ibid, a. 76.

107. There shall be an appeal from any decision of

any Special $; , l a

h a 1

Magistrate or Justices to the Local Court of Adelaide of Full Juris-

diction.

Ibid, 8. 76.

108, Such appeal shall be regulated by the said Ordinance No. Procedure on appeal.

6 of	1850 and the said Act No. 298 of 1883-4, or any other Act for Ibid, a. 77.

the time being regulating appeals to such Local Court; and such
Local Court may make such order as to costs as it thinks fit.
109, Such Local Court may statea special case for the opinion Bpeoial caee.

of the Supreme Court.

Ibid, S. 78.

110.

The Supreme Court shall deal with such special case accord

cue.

Pmcedure on apc~al

ing to the practice of the Supreme Court on special cases, and may

make any order as to the costs of	the proceedings in that Court and Ibid, a. 79.
in the Courts below.

111. A11 actions for anything done under this ,4ct shall be corn- Protection to F n e

menced within six months after the cause of action arises, and not thb Act,

acting in execution of

afterwards.

Notice in writing of such action, and the cause thereof, Ibid, a. 10.

shall be given to the defendant one month at least before the com-

mencement of the action. I n every such action the defendant may

plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon. No plaintiff shall recover in any such action if tender of sufficient amends has been made be- fore action brought, or if a sufficient sum of money has been paid into Court by or on behalf of the defendant after action brought, to- gether with the costs incurred up to that time.
Tn the name and on behalf of His Majesty, I hereby assent to
th i i Bill.
GEORGE R. LE HUNTE, Governor.
SCHEDULE.
EDWARDI VII, No.

T h

Ir~igatkm and

Reclaimed

L a d s Act.-1908.

SCHEDULE.
SOUTH [Royal Arms] AUSTRALIA.

Crozon Lenw (Perpeteml No.

/ under " The Irriyntion and Reclaimed

Lands A c t

1908."

Eleotion 23.

I the Honorable

Conlmissioner of Crown Lands of the State

of South Australia (hereinafter called " the Commissioner") in exercise of the powers conferred upon me by the above-mentioned Act (hereinafter called "the said Act ") dc hereby lease to [name of Zessec] of [address a?td occuputionl his executors adminis- trators and assigns (all of whom are hereinafter included f n the tern, "lessee")

all that land containing

acres or thereabouts and being Block No.

. in The

Irrigation -4rea in the County of

8.9

the same is delineated in the plan of the said irrigation area deposited in the office of the Surveyor-General in the City of Adelaide to be held in pe~petu i ty a t the

- following rental namely :--For

the first year the sum of

for the second year the sum of

for the third year the

sum of

and for the fourth and every succeeding year

the m m of (subject to alteration on revaluation a s provided by the sa id Act) such sums to be paid in advance on the

day of

in each year and the first of such sums to be paid on

the

day of

one thousand nine hundred and

and

a t a further rent of

five pounds pcr centum per annum on any rent in arrear subject

t o the reservations covenants and conditions shortly stated below and some of

which

are more fully set o ~ t

The Crown Lands Act 1903."

Reservations.
1. There are reserved to the Crown all gold silver copper tin and other metals ores minerals and other subrtances containing metals and all gems and precious stones coal and mineral oil ni th incidental powers of search and mining.

2. There is reserved to the Comii~issioner

and to the Board constituted or to be

constituted for the said irrigation area (hereinafter called " the Roard ") the right a t all times by himself or themselves or b j his or their officers or agents to enter into and upon the land hereby leased and therein to construct alter divert cleanse

repair and ithpect water channels drains embankments and all other reclamation irrigation and sanitary works and to conserve water f o ~ the public use where required and to exercise all powers conferred upon him or them respectively by the said Act without any payment to the lessee by way of compensation.

3. The lessee must-

Cotle?znnts.

I. Pay the rent at the times and in manner aforesaid.
1 1. Pay all rates and charges imposed upon or payable in respect of the
land and in particular all rates and charges imposed or charged by the Commissioner or the Board in exercise of the powers conferred by the said Act or by any Act amending or extending the same:
m. Pay for all water supplied to him by the Commissioner or the Board a t
the rates or charges levied or prescribed by the Commissioner or the
Board:
IY. Enclose the land with cattle-proof fence before the end of the fifth year
of the lease:
v. During the first two years of the lease plant or bring under cultivation to the satisfaction of the Commissioner at least two-fifths of the reclaimed and of the irrigable land included in this lease and an additional one-fifth of ~ u c h lands in each of the following three years until the whole of such lands are under such cultivation or planting:
vr. Keep i? good repair all Crown improvements (if any) on the land and all improvements made by the Commissioner or the Bonrd and all buildings orchards vineyards gardens fences and other improve- ments thereon and keep all fruit and other trees and plants thereon free as far a s poseible from insects pests and diseases:

v ~ r,

Commence

8" EDWARDI VII, No. 953.
The Irrigation and Reclaimed Lands Act,-1908.
vrr. Commence forthwith to destroy and during the lease keep the land free

from all vermin and noxiou~	weeds to the satisfaction of the Com-
missioner:

V I

11.

Insure and keep insured in the full insurable ralue thereof all buildings the property of the Crown or of the Board upon the land in the joint names of the Commissioner and the lessee in some insurance office to Le approved by the Commissioner and forthwith lodge the policy of every such insurance in the office of the Commissioner and for- ward to the Commiesioner the receipts for the premiums payable in respect of such policy within seven days after the same shall become due. The Commissioner may insure on default by the lessee and recover all amounts paid for such insurance in like manner as the rent is recoverable:

IX. Permit the Crown the Commissioner the Land Board the Board and
the owner of any mining claim situated on the land m the holder of any mining lease of the whole or any portion of the land under any law for the time being relating to mining by itself himself or themselves or its his or their officers or agents full and free liberty

of	access ingress egress and regress into upon and from the land:

And the lessee muot not-
I. Transfer encumber or mortgage without the written consent of the
Commissioner first had in each case:
11. Erect brush fence or suffer or permit the same to be erected or to remain
on the land.
Conditions.
4. The lease shall be liable to forfeiture in the following cases and no others :-

I. If

default be made in payment of any rent in arrear for six months after

written notice requiring its payment or if

11. Default be made in the performance of any covenant for three months
after notice of its non-performance requiring its performance or if
III. The land shall be transferred sublet or mortgaged without the written
consent of the Commissioner first had in such cases or if
IV. The lessee shall refuse to permit the Commissioner or the Board by liim-
self or themselves or by his or their officers to enter upon the land hereby leased to construct alter divert cleanse repair or inspect any water channel drain embankment or other reclamat,ion irrigation or sanitary work or to conserve water for public use or otherwise to exercise any power conferred upon him or them by the said Act.
5. The land may be resumed by the Crown for mining or fcr any public work or
purpose full compensation being made to the lessee for loss except where the land

shall be resumed for the construction alteration or diversion of water channels drains

embankments or other reclamation irrigation or sanitary works or for the conserva-

tion of water for the public use in which cases no compensation whatever shall be

made to the lessee.

In witness whereof the hands and seals of the Commissioner and the lessee are

hereunto set the

day of

190

Signed sealed and delivered by the

..,........

I. .. .. .. ., .

Commissioner of Crown Lands in the

presence of

Commissioner of Crown Lands.

Signed sealed and delivered by the

above-named lessee in the presence of 1

......................

Adelaide : By authority, C. E. BRISTOW,

Government Printer, North Terrace.