The Murray Barrage Act 1904 (SA)

ANNO QUARTO

EDWARDI V11 REGIS.

A.D. 1904.

No. 873.

An Act to authorise the Construction of a Barrage across various parts of the River Murray, and for other purposes.

[Assented to, November #h, rpog.]

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 Murray Barrage Act, 1904." short title d eom-

mencement.

2, The Lands Clauses Consolidation Acts are incorporated here- Incorporation of

with. solidation Landn Clauses ~ c t s. con-

by the construction of the same: a The location of the barrage and the lands deemed to be benefited

3, In this Act the following expressions shall have the meaning De6nitiona.

by this section assigned to them, save where the context or subject

is inconsistent with such meaning :--

" The barrage ": -The barrage to be constructed and maintained

under the provieions of this Act across the river, and all necessary works connected therewith, to prevent the influx of salt water to the river, and hall include any weir, lock, and other work necessary to secure navigation of the river, and for the purposes of the Lands Clauses Consolidation Acts shall be deemed to be The undertaking " therein referred to:

" The Commissioner " : T h e Commissioner of Public Works.

'' The plan "--The plan deposited in the office of the Surveyor-

General and signed by the Commissioner, showing the

4' EDWARDI VII, No. 873.

me. Muway Barrage Act.-1904.

The river "-The portion of the River Murray as marked AA in

the plan, and shall include such channels, creeks, and lakes connected therewith as are marked BB, CC, DD, and EE, respectively in the plan.

Division of Act into	4,	This Act is divided into Parts, as follows :-
~arts.

PART I.-The Barrage:

PART 11. Provisions for Rating:

PART X I r .-- Appeal:

PART IV.-Process for Recovery of Rates;

PART v.-Miscellaneous.

PABT I. PART I.

THE BARRAGE.

h e r n o r authorid 5. The Governor, subject to the provisions hereinafter contained,

to construct.

is hereby authorised and empowered to construct and maintain the

barrage.

coat of construction. 6. The cost of the construction of the barrage shall not exceed

in amount the sum of One Hundred Thousand Pounds sterling,

to be expended as follows :-

l. As to the portion of the barrage marked BB, CC, DD, and EE

in the plan, the sum of Fifty-eight Thousand Pounds sterling:

11. As to the portion of the barrage marked AA in the plan in the

Schedule, the sum of Forty-two Thousand Pounds sterling.

Portion of barrage 7.

The portion of the barrage as marked BB, CC, DD, and EE is hereby authorised to be constructed forthwith.

" with. "m pmded

to be prepared 8. The Commissioner shall cause plans and specifications to be

to be prepared and tenders to be called for the construction of such portion

called.

of the barrage as is hereby in section 7 authorised to be constructed.

The work to be 9. The work connected with such portion of the barrage shall

&ed out by

contlaot.	be carried out by contract.
may accept or &m

The Commiseioner	10, The Commissioner may accept or refuse any tender.
any tender.

holut ion P W ~ - 11. No other portion of the barrage shall be constructed unless

to determine

construotion of any	the construction thereof shall be authorised by resolution of Parlia-
other portion.	rnent.

Cornminaioner to 12, When any such resolution as last aforesaid has been carried,

~rooedwithother the Commissioner shall proceed with the work authorised by such portion of work when

resolution, subject to the provisions hereinbefore contained for the

mo~ution -ea.

construction of the portion authorised t~ be made forthwith.

r 13. The

4 O EDWARDI VII, No. 873.

The Murmay Barrage Act.-1 904.

PABT -- I.

13, The (:ommissioner may demand for the use of the barrage, or any part thereof, such fares, tolls, and charges as may from time TOUE may becharged. -

to time be prescribed by any regulation. 766, 1901, WO 7.

plan shall be deemed only an approximate of such positions and a1teratims. 14. The positions shown and the measurements set forth in the Plan subjwt to

measurements, and before calling for tenders the Commissioner may fg,$z:	'O*
make any necessary alterations therein, but nb such alteration shall materially affect the positions and measurements as defined in such plan.

PART 11. P A ~ T 11.

PROVISIONS FOR RATING.

15. The lands deemed to be benefited by the construction of the Lanh deemed to be

barrage are as set forth in the plan and therein colored red and ,,,	benefited by the
yellow.

16. All such lands are hereby declared to be ratable property for L B U ~ liable to the

payment OfRte" of the Commonwealth of Australia, or of' this State, the provisions for rating under this clause shall thereupon cease to have force and effect.

the purposes of this Act, and shall be liable in each year for the

payment of the rates, as hereinafter set forth: Provided that when-

ever any general system or undertaking for the locking of the River

17. As early as he conveniently can in each year the Commis- Annual aeseaement to

sioner shall make, for the purposes of this Act, an assessment of the be made.

ratable property, based on the unimproved value of the lands, and Act 269 of 188%	sec. 66, amen3ed.
notice of the making thereof shall be published by the Commissioner in the Government Gazette as soon as he conveniently can after it has been made. Immediately upon such publication, such assess- ment shall be deemed to have been in force from the commencement	of the then current year, and shall, unless lawfully altered within
that year, continue and be in force until the end thereof; but if such
assessment is lawfully altered within that year, then such assessment
as so altered shall be deemed to have been in force from the com-
mencement of that year, and shall continue to be in force till the
end thereof: Provided always that the assessment which is in force

on the last day of any year shall continue and he in force during the	I
whole of the next pear if the Commissiontr shall so direct by a notice published in the Government Gazette before the first day of February in such next year.

18, For the purpose of making any assessment the Commissioner Commissioner map

thie Act.

may appoint any person to assess the whole or any part of such for the purpose of making any assessment under

ratable property, and may, if he thinks proper, adopt or avail him- books.

self of so much of any assessment in force made by or by the a.t 323,1ssr, 38.

authority of the Commissioner of Waterworks, or any Municipal

19. The

4' EDWARDI VII, No. 873.

The Murray Barrage Act. -1 904.

PART 11. - 19, The Commissioner, or any person authorised by him, shall

Commissioner may	be entitled, at all reasonable times, to inspect, free of charge, all rate- books and assessment-books relating to any land, and all &her books
in8~peot

aaaesement rats tmks. and -

Act323,1(8(,

and documents concerning anv assessment referred to in the im-

mediately preceding section.

Penalty for not

permitting inspection. 20. Any person who shall wilfully neglect or refuse to permit

the Commissioner, or any person authorised by him, to exercise any right conferred by the immediately preceding section shall, on con- viction thereof, forfeit and pay for every such offence a penalty not exceeding Fifty Pounds.

Particdam of

aseeeament -book. 21, Every assessment shall be written in a book wherein shall

. Ibid., sec. 37. be specified in separate columns the following particulars :-

I. A short description of or reference to the land assessed:

XI. The actual value of the land assessed:

111. The names and descriptions of the ratepayers in respect of the

land assessed, so far as such name and description can be

readily ascertained.

Assessment-book	22, So soon as any such assessment shall have been made by the
to be deposited in

the oface of the	Commissioner, the assessment-book, or a true copy thereof, shall be
Commiesioner.	deposited in the office of the Commissioner, and the same shall be
Ibid., sec. 41.	open free of charge to public inspection between the hours of ten o'clock in the forenoon and three o'clock in the afternoon on every day except Sundays, Saturdays, and public holidays.

Two copiea of the	23. Two copies at the least of every assessment-book shall be '
aseessrnent-book to be

&posited at &fFerent made, and shall be deposited at different convenient places within

places:

sec. 136, Act 419 of	the area of ratable property for inspection by the ratepayers.
1887.

Commissioner may 24. The Commissioner may at any time alter or correct any

alternasesament-b?k. assessment and assessment-Look in any manner he shall think fit, Ibid., sec. 42. and as soon as he conveniently can thereafter shall give notice that

the asseisment has been altered or corrected, as the case may be.

Rates. 25. The following rates shall be chargeable in each year on the assessed value of such ratable property-

I. As to all the lands in the said plan colored red, One Half-

penny for every Pound sterling:

11. As to all the lands in the said plan colored yellow, One

Farthing for every Pound sterling.

O I R ~ ~ W	or occupier	26, The owner or occupier of any land hereby declared to be ratable property shall be liable to the payment of any rate due at any time in respect of such land: Provided that any occupier having paid the rate may recover the same from the owuer in any Court of competent jurisdiction, except in the case of Crown lands, when the occupier shall alone be liable to the payment of the rate on any such
liable.
land. 27. The
4' EDWARDI VII, No. 873.

The Murray Barrage Act.-1 904.

-

27, The Commissioner shall cause notice to be given in the PABT ll.

lating within the area of ratable property, of the time when and d,. notify when rate f h t

Government Gazette, and in a newspaper (if any) generally circu- The Commissioner to

the place where the rate shall be payable; such time not being later

than one month from the publication of such notice.

28. In each year thereafter, on s date corresponding ns nearly as Notice to be dven when and where rates

possible to the date when the first proclamation of the notice of the ,,ble	,hemfie,
time and place for payment of the rate was given, the Commissiouer shall give notice in the manner prescribed in section 27 as to the time and place when and where the rate shall be payable.

PAHT 111. PABT 1x1.

APPEAL.

29. Any ratepayer may appeal to the Commissioner against any a b p a ~ e r may

assessment on the ground that the amount of such assessment is appenl. Taxation Act 321,

more than it ought to be, and shall set forth in such appeal the ,,,,, amount which he claims the amesement should be fixed at. . , , ,

his agent, and shall be made within one month from the making of appeal. 30. Such appeal shall be in writing, signed by the appellant or Commencement of

the assessment or the giving of notice of any alteration or addition Ibid. IBc-

to any assessment.

31, The Commissioner shall, within fourteen days from the Commkionermw agree to grounds of

receipt of the notice of any appeal, if satisfied that the assessment appd,

appealed against should be amended to the amount as claimed by

the appellant, amend the assessment accordingly, and give notice

thereof to the appellant.

32. If the Commissioner is satisfied that the aseessment appealed $ ; F $ : ; ;L ;

against is reasonable he shall, within such fourteen days from the court.

receipt of the notice of appeal, give notice of the appeal to the clerk Ibid., sea. 49,

of the Local Court, and shall attach to such appeal the notice of amended.

appeal as forwarded to him by the appellant.

33. If the Commissioner fails to give the notice of appeal to the If.the Co,mmimioner fade to give the

Clerk of the Court within the limited period, the appellant, within notim the

any period not exceeding two months from the giving of the first a ~ l l a n t R;ve

notice of appeal, may give notice of the appeal to the Clerk of the	notice.
Court containing the particulars required by section 29.

34. The Clerk of the Local Court, on the receipt of any notice *he 0leA to net ease

of appeal, R hall set the appeal down fbr hearing at the next sitting	down for hearing.
of the Local Conrt of Full Jurisdiction, to be held not earlier than seven days from the receipt of such notice by him, and shall forth- with give notice thereof to the appellant and the Commissioner.

35. The

4' EDWARDI VII, 'No. 873.

The Mumy Barrage Act.-1904.

PART III. ' 36. The Local Court of Full Jurisdiction sitting at Adelaide, or

court of A P ~ ~ I. at the option of the appellant, the Local Court of Full Jurisdiction

nearest to his residence or the land assessed, shall be the Court of

Taxation ~ ~ t, 323,

1884, MC. 48. Appeal to hear and determine any appeal.

Deciaion ou appeal. 36. The Court shall hear evidence touching the question in dis-

Ibid., aec. 61. pute, and at the same or some adjourned or subsequent sittings the Court may make such order touching the matter in dispute and as to costs as it may deem advisable, and shall cause any alteration necessitated by the decision to be immediately made in the assess- ment-book, or certified copy as aforesaid, and every such alteration shall be attested by the signature of the Special Magistrate.

PABT IT. PART IV.

PROCESS FOR RECOVERY 0 RATES.

Recovery by procees. 37, If any rate shall be in arrear the Commissioner, without

Ibid., W. 66. prejudice to his right to recover such rate in any other way, may sue for and recover the same in any Court of competent jurisdiction as s debt due to the Commissioner, and any action therefor may be maintained m the name of the Commissioner, without specifying the name of the person holding the office, and shall not be liable to be abated by any vacancy or change occurring in the office of Commis- sioner or otherwise.

Rmover~ by di8trea8. 38. If any rate shall be in arrear for twenty-one days after any

bid., SN.	66.	notice in writing to the taxpayer to pay the same the ~oknissioner, or any person authorised by the Commissioner, may thereupon, with
or without any warrant, distrain the goods and chattels of such rate-
payer wherever the same may be, Eor payment of the rates in arrear; and if the sum for which the distress is taken, together with the
reasonable costs of distress, be not paid within five days after the distress has been made, then the goods and chattels tlistrained, or so
much as ?hall be sufficient to pay such sum and costs, may be sold, and the proceeds, after deducting such sum and costs and all expenses, shall be returned to the ratepayer.

Notice of intention to

let or wll. 39. Whenever any rate in respect of any land shall have been

in arrear for the space of two years it shall be lawful for the Com-

Ibid., SW. h a.	missioner to cause to be published three consecutive weeks in the Government Gazette a notice specifying such land, and the amount of rates due in respect thereof, and stating that if such rates shall not be paid within one year from the first publication of such notice
the Commissioner will let the land from year to year as provided by
this Act, or will apply to the Supreme Court for a sale ihereof.
Commieaioper may

let from year to year. all or any part of the said rates due at the time of such first publi- 40. If, after one year from the first publication of such notice,

nid., MC. 69. cation me still unpaid, the Commissioner maj let such lands from

year

4' EDWARDI VII, No. 873.

The Hurray Barrage Act.-1904.

year to year, and may receive the rents and apply the same towards	PART	.-.p	IT.
the payment of the said rates and costs and expenses, and hold any surpius for the person entitled to the income of the land.

41, The Commissioner, in lieu of letting such lands, may, by dpplioation for sale.

petition to the Supreme Court or any Judge thereof, apply for a a l e IW., m. M.

of the land described in such notice, or of so much as may be neces-

sary, and the Court or Judge, on being satisfied by affidavit or other-

wise that the arrears are lawfully due and were in arrear a t the

time of the first publication of such notice, and that all acts required

to be done by the Commissioner have been done, shall order the sale

of the said land, or so much thereof as shall be sufficient to pay all

arrears .due up to time of sale, together with all cosh of and

attending the application and of and attending the sale by publlc

auction, and that the proceeds be paid into Court.

costs, and expenses to be first made out of the proceeds of the sale; or Judge. 42. The Court or a Judge shall order payment of the said rates, Powers of the court

Ib.1

and the conveyarlce or transfer, as the case may be, shall be executed the purchaser for an estate in fee simple, free from all encumbrances; and in cases where the land is under the Real Property Act of 1861 the purchaser shall be entitled to receive a certificate of title to the land purchased; and the balance arising from the proceeds of such sale shall be subject to any orders of the Court for the benefit of the parties interested therein.

by the Master or other officer of the Court to the purchaser, his heirs

and assigns, in such form as shall be approved by the Court or a

PART V.

MISCELLANEOUS.

43. The Governor may appoint such oficers as he may think C+overnormyappoint

fit to carry out the purposes of this Act. officers.

44, The Government Gazette containing the notice declaring conclusive Oownnwnt evidence Qasstts

when and where any rate shall be paid shall be conclusive evidence of ,,

d,.

of the rate being due and payable at the time and place therein

mentioned.

l

able times enter upon any land^ comprised in the plan, and may to enter lands. 45, The Commissioner or his authorised agent may at all reason- Commissioner~power

thereon or therein do any act or thing necessary for the purposes of

this Act.

46. (1) The Governor may make regulations for the purpose of commissioner's powere under Lan&

carrying out the objects of this Act, and may provide a penalty not ch- Consolid~~tion

exceeding Ten Pounds for any breach thereof, and such re	Act'
shall, when published in the Goumment Gazette, have the
of law.

0 (2) Everg

8 4" EDWARDI VII, No. 873.

The Murray Barrage Act.-1904.

--

PART	v.	(2) Every such regulation hall be laid before Parliament within fourteen days, if Parliament be then sitting, and if Parliament be not then sifting, within fourteen days from- its next sitting for the dispatch of business; and if during the session in which they are so laid before P~rliament either House of Parliament pass a resolution objecting to any such regulations, the same shall, so far as objected to, thenceforth cease to have the force of law, and notice of such resolution shall forthwith be published by the Minister in the
Government Gazette.

Proceedinge for 47. (1) All proceedings for offences against or breaches of this

offences. Act, or any regulations made thereunder, shall be taken before and determined in a summary way by any Special Magistrate .or two Justices of the Peace for the said State.

(2) All such proceedings shall be regulated by Ordinance No. 6

of 1850,-G The Justices Procedure Act, 1883-4," and any other Act

that may be law in that behalf.

Recovery of 48. There shall be an appeal from any conviction by a Special

pendties.

Magistrate or Justices, or from any order dismissing any informa- tion or complaint under this Act, or the regulations thereunder, which appeal shall be to the Local Court of Adelaide of Full Juria- diction, and the proceedings on such appeal shall be conducted in manner prescribed for appeals to Local Courts by Ordinance No. 6 of 1850, " The Justices Procedure Amendment Act, 1883-4," or

any other Act for the time being in force in that behalf.

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

this Bill.

GEORGE R. LE HUNTE, Governor.

Adelaide : By authority, C. E. Bars~ow, Government Printer, North Terrace.