The Municipal Corporations Act Further Amendment Act 1912 (SA)

ANNO TERTIO

GEORGII V REGIS.

A.D. 1912.

No. 1093.

An Act to further amend " The Municipal Corporations

Act, 1890," and for other purposes.

[Assented to, December n t h, 1912.1

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, This Act may be cited as "The Municipal Corporations Act 8ho* tit*,.

Further Amendment Act, 1912."

2, This Act is incorporated with " The Municipal Corporations Inorporation ~ i t h

1095

Act, 1890 " (hereinafter called the principal Act "), and the Acts Oth"

which are incorporated therewith, and all the said Acts and this NO. 497 of 1890.

Act shall be read as one Act.

3, h this Act,- Interpretation.

Scheme " means a proposal made under this Act by the Council of any Municipality for any work or undertaking to be executed wholly within, or whollyor partly without, such Municipality:

Authorised scheme " mean S a scheme which ha8 been authorised

by the Minister under this Act.

4, (1) Any Council may submit for the Minister's authorisation Counoil may mbmit

a scheme for any proposed work or undertaking, whether such work to the Minister a

he me for 8 work or

or undertaking is or is not a work or undertaking which might be

executed under any Act incorporated herewith.

(2) The

j0 GEORGII V, No. 1093.

The Municipal Corporations Act Furthe7 Arnendrrwnt A&.-1912.

(2) The scheme so submitted shall be in writing, and shall clearly

(a) The proposed work or undertaking;

(6) The means by which such work or undertaking is to be

executed; and

(c) The estimated cost of such work or undertaking,

and shall be accompanied by a plan and specifications of the proposed work or undertaking, or such other details thereof' as the nature of the case permits.

The Minister may	, 5, The Minister may a t any time before authorising the scheme
amend the scheme.	propose such amendments thereto as he thinks proper, and if the Council accepts such amendments the scheme shall be amended accordingly.
The Minister may

authorise the wheme. 6. The Minister may authorise the scheme if he is of opinion that

the proposed work or undertaking stated therein, as submitted or as

amended (as the case may be), will-

(a) Be of a permanent character;

(b) Substantially benefit the Municipality; and

(c) Prove to be reproductive or revenue earning:

Provided that the Minister shall not authorise the scheme unless a proposition that the work or undertaking be executed has been declared carried at a poll of ratepay ers, taken in manner provided by section 381 of the principal Act.

Notice ofauthori~- 7, (1) If the Minister authorises the scheme he shall cause a

tiOn

be pub'8hed.

notice of his authorisation thereof, together with a copy of the scheme

as submitted or as amended (as the case may be) to be published in

the Government Gnzette a t the cost of the Council; and the scheme

as so published shall be an authorised scheme from the date of such

publication.

(2) The production of a copy of the Government Gazette purport- ing to contain such authorisation shall be conclusive evidence that, with respect to such authorised scheme, the provisions of this Act have been complied with.

After authorisation

Council map execute	8. After publication under section 7, the Council may execute from time to time, without further or other authority or consent than this Act and the authorisation as aforesaid of the Minister, borrow money for such work or undertaking on the security of the general rates, by the issue of debentures or otherwise, notwithstand- ing that the total amount so borrowed exceeds the estimated cost as stated in the scheme when submitted or as amended.
the work and borrow	the work or undertaking stated in the authorised scheme, and may,
for that purpw.

Q, Nothing

3" GEORGII V, No. 1093. --

The Municipal Cmporations Act Further Amendment Act.-1912.

the powers of a Council under any Act with which this Act is powers. Q. Nothing in this Act shall be deemed to in any way limit Savingofothm

incorporated.

10. The scheme submitted by the Corpxation of the Town of Gawler mwtrio Lighting ticheme to

Gawler under " The Local Government Act, 1910," and consented be deemed an au*o- to by the Minister, as appears by the Government Gazetre dated the rieed scheme under thk Act. twenty-ninth day of June, nineteen hundred and eleven, page 1299,

shall hereafter be deemed to be an authorised scheme within the meaning of this Act; and anything heretofore done or omitted in connection with the said scheme shall be as valid and of the same effect as if this Act had been in force a t the time when the same was done or omitted, and as if the said scheme was a t such time an authorised scheme within the meaning of this Act.

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

this Bill.

DAY H. BOSANQUET, Governor.

Adelaide: By authority, R. E. E. Roosm, Government Printer, North Terrace.