The Irrigation and Reclaimed Lands Act Further Amendment Act 1912 (SA)

ANNO TERTIO

GEORGII V REGIS.

A.D. 1912.

No.. 1108.

An Act to further amend the Irrigation and Reclaimed

Lands Acts, and for other purposes.

[Assented to, December ~ g t h, 19 ~2.1

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

follows: B with the advice and consent of the Parliament thereof. as

1. (1) This Act may be cited alone as The Irrigation and Short titles.

Reclaimed Lands L 4 ~ t Further Amendment Act, 1912."

(2) " The Irrigation and Reclaimed Lands Acts, 1908 to 1910,"

and this Act may be cited together as " The Irrigation and Re-

claimed Lands Acts, 1908 to 1912."

8-1108

2. This Act is incorporated with and shall be read as one Act with Incorporation with

The Irrigation and Reclaimed Lands Act, 1908," and all Acts incorporated therewith.

3, The definition of " Commissioner " in section 3 of ' b e Amendment of ,

definition of

Irrigation and Reclaimed Lands Act, 1908 " is repealed and the ~ ~ ~, m. i, , i o n, . ~

following definition is hereby substituted therefor-

a Commissioner " means the Minister of the Crown to whom the administration of this Act is for the time being cbmmitted by the Governor.

Water Sup y ly .

4, Section 14 of " The Irrigation and Reclaimed Lands Act, Amendment of sec. 14 of Act No. 963 of

1908," is hereby amended so as to read as follows:- 1908.

14. The Commissioner, upon an irrigation area being Erection of appliances

proclaimed, may from time to time purchase pumping trib ution of water. for stomge and dis-

machinery

3' GEORGII V, No. I 108.

The irrigation and Reclaimed h n d s Act Further Amendment

Act.1912.

machinery and erect the same thereon, construct irrigation works and channels, tanks, and catchment and storage dams and reservoirs, and acquire provide and maintain appliances and facilities for supplying and distributing water to the lessees, owners, or occupiers of blocks, township allotments, factory sites and other lands within, adjacent, or near to the irrigation area, for irrigation, domestic, factory, and other purposes.

of Act No. 963 of	Amendmentof~c .26 5. Section 26 of "The Irrigation and Reclaimed Lands Act,
1908. 1908," is hereby amended so as to read as follows:-
Commiseioner may
dietribute water. 26. Upon the construction, wholly or in part, of the works upon an irrigation area and until the constitution of a Board therefor, the Commissioner may supply water-

(a) To the owners, lessees, and occupiers of blocks, township allotments, factory sites, and other lands within the irrigation area, at such rates, in such quantities, for such periods, and upon and subject to such terms and conditions as are prescribed:

( b ) To owners, lessees, and occupiers of lands adjacent to the irrigation area, a t such rates, in such quantities, for such periods, and upon aud sub- ject to such terms and conditions as are agreed upon.

Minimum water rate. 6. ( l ) The Commissioner may, as soon s s a water supply is

available for the whole or any portion of an irrigation area, declare on all or any lands within such irrigation area to which, or to any portion of which, water can in his opinion be supplied by him, a general water rate for the supply of water.

(2) Such rate may be an annual rate, and shall be of such amount in the Pound of the unimproved value of the land (as defined by the

Taxation Acts of the State for the time being in force), as may be

necessary to recoup the proportion of interest on cost of works and of the maintenance and management thereof as the Commissioner determines to be properly debitable in respect of the service rendered by the works: Provided that the minimum annual rate in respect of any one piece of land shall not be less than One Pound.

(3) Notice of every water rate declared by the Commissioner shall be published in the Gove?nment Gazette, and shall state the name of the irrigation area in respect of the lands in which such rate is declared, the amount in the Pound of such rate, the period for which such rate is made and the time and place where the rate is payable.

(4) All water rates shall be due and payable by and recoverable

from the owners and occupiers of the lands upon which the same

are respectively declared, and shall, until payment, be a continual

charge

3 O GEORGII V, No. 1108.

The Irrigation and Reclaimed Lands Act Further A d m t

Act.1912.

charge upon such lands, and no statute of limitations shall affect any action or other proceedings which may be brought for the recovery or enforcement of such rates. And the Commissioner shall have the like powers of distress and sale in cases where rates are unpaid as are conferred upon the Commissioner of Waterworks

by The Waterworks Act, 1882." NO. 269 of 1882.

7, (1) The Commissioner shall cause a book to be kept by the Water ate

officer in charge of an irrigation area to be called the Water Rate be kept.	Aseessment Book to
Assessment Book which shall contain the following particulars as to such area:-

( a ) The names of the several owners and occupiere of the rate-

able land assessed, so far as known;

( 6 ) Short descriptions of, or references to the rateable lands;

(c) The unimproved value of such lands, adopting the assessment for land tax purposes for the time being in force, with such adjustments as may be necessary where the rateable land does not include the whole of the land included in the land tax assessment.

(2) No person shall be entitled to appeal against the valuation of his land appearing in the assessment book, but if the valuation is reduced for any reason by the Commissioner of Taxes the assessment book shall be amended accordingly.

U. 'l'he Commissioner may supply water by measure to any Power of corn-

person for such period upon such conditions and at such charges as $$Y,"~:U~$'	the Commissioner from time to time determines. When the Com-
missioner supplies water to any person outside an irrigation area, the person so supplied shall pay therefor such charges as are agreed upon. and such charges may be recovered by the Commissioner, or by any person authorised by him in writing, by action of debt in
any court of competent jurisdiction.

(3. (1) If at any time t8he supply of water at the disposal of the Commiesioner map

Commissioner is insufficient, in the opinion of the Commissioner, to ~~~~~'&'$!<f

afford the quantities to which all persons having claims thereto water.

would if the supply were sufficient be respectively entitled, it shall	I
be competent for the Commiesioner to deliver to such persons such quantities of water as are then at his dispoial in reduced prop6rtions, according to the quantities which such persons would have respectively been entitled to receive if there been sufficient water available; and the charges to such persons may be reduced accordingly.

(2) I n the arrangement of the reduced proportions, the Corn- preference to

missioner may, if he thinks fit, assign greater proportionate quantities	and Y'ne
to the occupiers or owners of lands planted with fruit trees, vines, or other like plants than to the occupiers or owners of lands planted or sown with plants cultivated for a single year's crop only.

10. In

3' GEORGII V, No. I 108.

The Irrigation and Reclaimed Lands Act Further A d r n e n n t

Act.1912.

Commissioner may

regulate supply of	10. In the event of the supply of water available for any to supply all the claims upon the Conlmissioner for water, in suificient quantity to be of practical service, it shall be lawful for the Commissioner, whenever and as often as he is satisfied of the actual or approaching insufficiency of such aupply, from time to time to make alter and repeal orders which shall regulate the order of priority in which the quantities with which the various irrigation areas. bodies, and persons so entitled to water shall be entitled to be supplied.
water in event of	irrigation area falling short at any time of the quantity necessary
drought, &C.
recoverable by lessee8
N O damages	11, Notwithstanding anything contained in this Act or in any liable to any penalty or damages for not supplying water to any person if the want of such supply arises from drought, low river: influx of salt water, or the pollutior~ of water, or from any other unavoidable cause or accident.

on	of 8upplg lease or agreement, neither the Commissioner nor any Board shall be
of water.

Powers o f Commissiorter for Eoect ing Improvements.

No further advauces

under Act 963	12. (1) No further advances shall be made by the Commissioner pursuant to sections 78, 79, 80, 81 and 82 of 'l The Irrigation and Reclaimed Lands Act, 1908," out of the Lessees of Reclaimed Lands Loan Fund, but the moneys for the time being standing to the credit of the said fund may be used for all or any of the purposes of sections 18 and 14 of this Act.
of 1908.
Amendment of	(2) Section 75 of '' The Irrigation and Reclaimed Lands Act, 1908," is amended by adding at the end of

section 76. subsection (a ) thereof the

following passage, namely :-'' or for the purposes of sections 13 and 14 of ' The Irrigation and Reclaimed Lands Act Further Amend- ment Act, 1912.' "

Commissioner

may expend moneys 13. (1) The Commissioner upon the application, in the prescribed

in certain improve-	form, of any lessee in an irrigation area, and upon the recomrnenda-
ments.	tion of the Director of Irrigation and Reclamation Works, may
irrigable land in such lessee's block in making the following expend a sum not exceeding Fifteen Pounds pel acre of the improvements or any of them, namely:-Fencing, clearing, and grading such lessee's block, and constructing channels thereon and connecting such channels with the nearest main channel.
Deposit to be
paid by leseee.	(2) The Commissioner shall not commence work on any block until the lessee has paid a deposit equal'to not less than fifteen per centum of the Commissioner's estimate of the cost of' carrying out such improvements, and has entered into an agreement with the Com- missioner, in the prescribed form, agreeing to repay in manner pre- scribed all moneys expended by the Commissioner in making and carrying out such improvements, and to secure the repayment thereof by executing a first mortgage to the Commissioner or his nominee over such block.
effect improvements

Commissioner may 14. (1) The Commissioner may, upon an irrigation area being

before leaeerr.

proclaime'd, improve such area or any portion or portions thereof by

fencing,

3" GEOKGII V, No. I 108.

The Irrigation and Reclaimed Lands Act Purther Amerad@

Act.-1912.

-- - - -- - - - -- - --p

fencing, clearing, grading, and channelling, and in effecting such

other improvements as he thinks fit.

(2) No lease shall be granted of any portion so improved unless the proposed lessee has paid, by way of premium for such lease, a snm equal to not less than fifteen per centum of such proportion of the amount expended bv the Commissioner in improving such area as, in the opinion of the Commissioner, is attributable to the land to be comprised in such lease, and has executed a mortgagt: to the Commissioner in the prescribed form to secure the payment of the balance of the said proportion of the amount so expended.

15. Ail moneys received by the Commissioner as deposits or Principal moneys

premiums or in repayment, wholly or in part. of moneys advanced of repaid to form part

by be~aidintoRevenue-

or expended him pursuant to sections l 3 and 14 of this Act, paid to the Treasurer in aid of the general revenue of the State.

shall be paid t.0 the credit of the Lessees of Reclaimed Lands Loan

Miscellaneous Mhtters.

be

16. (1) Notwithstanding the provisions of section 22 of " The held by partners.

Irrigation and Reclaimed Lands Act, 1908," as enacted by section 5 of " The Irrigation and Reclaimed Lands Act Further Amendment Act, 1910," persons who, in the opinion of the Commissioner, are bomi Jde carrying on husi~less in partnership as agriculturists, dairymen, or gardeners on land within a11 irrigation area, may together hold more than fifty acres, b u t 110 t more than one hundred and fifty acres, of irrigable or reclaimed land in such irrigation area: Provided that the area of such land shall in no case exceed the equivalent of fifty acres to each person in such partneratlip.

(2) In any such case as mentioned in subsection (1) of this

section, if the number of partners is not more than three, only one

held by the partners, and if the number is more than three, only of such partners may be required to personally reside on the land two of' such partners may be required so to reside.

17. Section 10 of '.The Irrigation and Reclaimed Lands Act Repeal of Section ID

Further Amendment Act, 1910," is hereby repealed and the of A C ~	1022 of 19 10.
follomirlg section is enacted in lieu thereof, namely :- -

10. (L) The Commissioner may, from time to time and at General powers of

all times, do such acts and things as may be necessary or ,rmm	Commfesianer for the
convenient for the exercise of any power or authority vested in or conferred upon him by, or ior'the purposes of carlying out the objects and purposes of, " The Irrigation and Reclaimed Lands Acts, 1908 to 1918."

(2) Without limiting the operation of subsection (1) of Commissionertoh~

this section, it is hereby declared that, after an irrigation cmncil.	powers of District
area has been proclaimed, the Commissioner shall have and may exercise within such area, rntctuti.9 mutardts all the

B-1 108 powers

3' GEORGII V. No. ! 108.

The Irrigation and R e c l a i d L a n d s Act Further Amendment

A c t. 1 9 1 2.

powers and authorities of' a District Couiicil under '' The District Councils Act, 1887," and the Acts incorporated therewith or repealing or amending the same, and also all the powers and authorities which a Board might exercise.

Certain power8 not

exercieable where

(3) The powers and authorities conferred upon the Com- missioner by subsection (2) of' this section, shall not be exercisable by the (,'ommissioner within an irrigation area in respect of which a Roar.1 is constituted and in existence, and if' an irrigation area is situated within the boundaries of any 1)istric.t Council District, the Commissioner shall not, in respect of such area, have the powers and authorities of a Ilistrict Clou~~cil.

Board is in existence.

Director of Inkation	18,	.For the purposes of " The Irrigation and Reclaimed Lands
and Reclamation

Worb to be a Acts, 1908 to 1912," or any of those Acts, the Ihrector of Irrigation

member of the	Board for the and Reclamation Works shall be an additional member of the Land
purposes of tbeseActe. Board and, for those purposes, shall have all the powers and duties

of a member of the said Board.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

I).$Y H. BOS ANQUET, Governor.

--

Adelaide: By authority, R. E. E. Roams, Government Printer, North Termcr.