The Murray Works Act 1905 (SA)

ANNO QUINTO

EDWARDI V11 REGIS.

A.D. 1905.

L -

No. 902.

An Act to authorise the Construction of Weirs, Dams and Locks, and other Works, on the River Murray for Navigation and Irrigation, and for other purposes.

[Assented to, December @h, 1905.1

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 Murray Works Act," and NW-t titleandin- shall be incorporated with " The Lands Clauses Consolidation Act," ~ t i O n. ~ except section CXIV. thereof.

PART I.

INTRODUCTORY.

2, 'I'his Act is divided into Parts, as follows :- Parb. ,

PART I 1.-Power to Construct Works:

PART 111.Control and Use of Water:

PART I v.-Powers of Commissioner:

PABT v.-Appointment of Officers; Regulations:

2 5' EDWARDI VII, No. 902.

W.

me Muway ~ o i k s Act.-1905.

P m I* 3. In thia Act, except where otherwise clearly intended-

-

btcapretrtion.	c' This Act " includes all tho regulations made thereunder:
I b Special Act " means the Act authorising the construction of

particular works:

G Commissioner " means the Commissioner of Public Works for

the time being:

River " includes the bed and banks:

River Murray " includes any lake, lagoon, channel, creek,

affluent, confluent, branch, or extension thereof or con-

nected therewith:

c' Prescribed " means prescribed by this Act:

Work " includes any weir, dam, lock, reservoir, flume, race, channel, cutting, tunnel, pipe, sewer, hnk, regulator, sluice, aqueduct, drain, cut, well, shaft, fence, building, and any machinery and appliances.

P ~ T XI. PART 11.

POWER TO CONSTRUCT WORKS.

Power to c0111)truot 4. The Governor is, as hereinafter provided, authorised and em-

w7)rk@. powered to construct and maintain in, on: or across the River Murray, and in or on the lands riparian thereto, works for damming, im- 'punding, storing, and conserving, or otherwise utilising, the waters thereof for the purposes of navigation, irrigation, watering cattle and other stock, domestic use, and general supply.

FW work. 6, The works mentioned and described in section 6 may be con-

. structed on the passing of this Act, and any other works may be constructed on the passing of a Special Act for the purpose.

6, The Commissioner shall cause plans and specifications to be

Eyes* prepared and tenders to be called for the construction of a lock or

weir and all necessary works in connection therewith in, on, or across the River Murray, at such site as may be recommended by the expert or experts to be selected as hereinafter provided and approved by Parliament, and in or on the lands riparian thereto: Provided that no tender shall be accepted nor shall the work be commenced until the Government has obtained a report on the best site for the construction of such works from the best available expert or experts outside the State of South Australia, to be selected by the Government, and such report has been laid before and approved of by Parliament, and plans showing and defining such work, signed by the Commissioner, shall have been approved by Parliament and deposited in the office of the Surveyor-General.

PART

5" EDWARDI VII, No. 902. 3

--- - -

The Murray Works Act. - 1905.

PART 111. PART 11s.

CONTROL AND USE OF WATER.

7. (1) The right to the use and to the flow and control of any Impoundedratem

water dammed, impounded, stored, or conserved by any works for the	the
purpose of this Act, subject only to the restrictions hereinafter contained and until appropriated under the sanction of this Act, shall vest in the Crown.
(2) Such right shall not be exercised except for the purposes of navigation in contravention of any right-

( a ) Conferred on and lawfully exercisable by any person by or under the authority of any Act or of any licence granted by the Crown:

( b ) Of an occupier of land on the bank of the River Mumay to

use the water in such liver for domestic purposes, and for

watering cattle or other stock:

Provided that such right shall not extend to a greater use of the water than such occupier or person would lawfully be entitled to but for the existence of works under this Act, nor to 8 use which, in the opinion of the Commissioner, is unreasonable.

8. Subject to section 7, the Commissioner may, for such pur- Commisaoncr may

poses and on such terms and conditions as may be prescribed: ~;Ifp,","g:~

sanction the taking, using, and diverting of any water impounded

or conserved under this Act not required for the purposes of navi-

gation, and may at any time withdraw such sanction.

Q. The commissioner may demand and take for the use fo; T O I I ~ maybe ~ h a r g ~ ~

navigation of works under this Act or the water impounded or con-

served by such works such tolls and charges as may be prescribed.

PART IV. PART IT.

POWERS OF COMMISSIONER.

10, The Commissioner, in addition to all other powers and P O W ~ O ~

authorities vested in him, is authorised and entitled for the purposes

of any works to-

r. Purchase, take, acquire, or resume lands:

11. Reclaim lands:

111. Sell, let, or lease any lands which may become vested in

him and not be required for the purposes of this Act:

m. Enter upon any lands-

(a) And make surveys and take levels and set out such parts thereof as he thinks necessary, and make and set up any posts, stakes, trenches, or other works, and do any other acts or things whatso- ever necessary for such eurveys:

( b) Adjoining

5' EDWARDI VII, No. 902.

TAe Muway Works Act.-1905.

PART XV.

( b ) Adjoining or contiguous to the works, and bore, dig, cut, trench, embank, and sough, remove, or lay, take, carry away, and use any earth, stone, timber, gravel, or sand, or any other materials proper or necesgary for constructing, making, maintaining, altering, repairing, or using any work which the Commissioner is at the time authorised to construct or make, or which may hinder, pfevent, or obstruct the construction, re- construction, making, maintenance, altering, re- pairing, adding to, extending, or using the same respectively:

(c) Streets or roads for the purpose of constructing,

altering, or repairing any channel, aqueduct,

conduit, or pipe line:

V. Impound, dam, conserve, store, set back, divert, abstract, or

drain the waters, or alter the course or level of, or embank,

narrow, widen, or deepen the Mllrray River:

VI. Alter the course, width, or level of, or close, any roads,

streets, or ways:

vir. Alter, repair, or discontinue works, or any of them, and sub- stitute others in their stead:

VIII. In his own name institute and maintain any proceeding in

any Court of justice in respect of or in relation to works or lands constructed or vested in him under this Act, or for any tolls or charges prescribed under this Act:

IX. Generally do all other acts for constructing, re-constructing, making, maintaining, altering, repairing, adding to, ex. tending, using, and protecting from trespass or injury any works constructed or being constructed under this Act, or all or any of the purposes of this Act. works or lands vested in him or under his control, or for

PART v. PART V.

OFFICERS, REGULATIONS, 8 ~ ~.

11, The Governor may, for the purposes of this Act-

~ovcrnor may

appoint oiEoen, make

~X~$BIWOM, &C. I. Appoint officers:

XI. Make regulations and provide a penalty not exceeding Ten Pounds for any breach thereof:

11 I. By Proclamation, published in the Government Gazette, authorise the Commissioner, in the name of the Commis- sioner or of the Crown, to exercise all or any of the powers and authorities vested in the Governor by the other parts

of this Act.

5' EDWARDI VII, No. 902.

12, All regulations made under this Act shall- -- PART . . - - . -- v. -. -

Publication of

I. Be published in the Gouernmcnt Gazette :	regulations.
1 1. Take effect from the date of such publication, or from a later

date specified in the regulations; and

1 1 1. Be laid before both Houses of Parliament within fourteen

days after such publication if Parliament is in Session, and

if not, withir* fourteen days after the commencement of

the next Session.

Hut if either House of Parliament passes a resolution of which riotice is p e n at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regu- lation, such regulation thall thereupon cease to have effect.

PART VI.

MISCELLANEOUS.

13, (1) All proceedings for offences against or breaches of t h i ~ Prmeedingefor

Act shall be taken before and determined in a summary way by offences.

any Special Magistrate or two Justices of the Peace for the said

State.

(2 All such proceedings shall be regulatell by Ordinance No. 6 that may be law in that behalf.

of	1 Q 50, The Justices Prucedure Act, 1883-4," and any other Act
14. 'There shall be an appeal from any conviction by a Special Recovewof penalties.

Magistrate or Justices, or from any order dismissing any information or complaint under this Act, or the regulations thereunder, which appeal shall be to the Local Court of Adelaide of full jurisdiction, 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 on that behdf.

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

this Bill.

GXOHGE R. LE HUNTE, Governor.

--

-

Adelaide : By authority, C. E. BKIBTOW, Government Printer, North Termce.