The Murray Works Act 1910 (SA)

GEORGII V REGIS.

A. D. 1910.

No. 1023.

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

[Assented to, Dec~mbsr 7th) 1910.1

E i t ]Enacted by the Governor of the State of South Australia,

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

PART I. PART I.

INTRODUCTORY.

1, This Act may be cited as " The Murray Works Act, 1910. " Short title.

2, With this Act are incorporated- . ~ n ~ ~ r p o ~ t i ~ ~ l.

The " Lands Clauses Consolidation Act" (except sections cx., L~IULI clsum

C X I V. , CXV., C X V I. , CXVII., CXVIII. ) and the Acts amending

Consolidation hch.

the same. The Commissioner may, under the *4cts so incorporated, a t any time exercise, either compulsorily or by agreement, the powers mentioned in Part 111. of this Act, and all other powers of acquiring land which he niay require for the purposes of works under this Act. For the purposes of such Acts the Commissioner shall be deemed to be the promoter of the undertaking, and this Act a specicl *4ct, except that for the purposes of section 13 of the Act No. 202 of 1881 there shall be deemed to be no such special Act.

3. The Murray Works Act, 1905," is hereby repealed. ~ t q ~ a l,

A-1023 4. This

I " GEORGII V, No. 1023

The Murray Works Act.--1910.

?ART I.

4, T'his Act shall bind the Crown.

A o t to bind the

parts. 5, This Act is divided into Parts, as follows :---

PART 11.-Incorporation of Commissioner: Power to Con

struct Works:

PART 111.-Powers of Commissionel':

PART IV.-Financial: Vesting of Crown Lands:

PART v.To11a:

PART v1 .-Compensation for Damage by Works:

PART v11.-Control and Use of Water:

PART v111.--0fficers: Regulations, &c.:

Interpretation. 43, In this Act, except where otherwise clearly intended-

" This Act " includes regulations made under this Act:

$3

Commissioner means the Commissioner of Public Works

as incorporated by this Act:

Maintenance " includes extension, improvement, and repair:

Murra y River " include S any channel, creek, affluent, effluent,

ana-branch or extension of, and any lake or la,	woon con-
nected with, such River:

River " includes the bed and banks: Prescribed " means prescribed by this Act: Work" includes any weir, dam, embankment, lock, reservoir,	flume, race, channel, cutting, tunnel, pipe, sewer, tank,	regulator, sluice, aqueduct, drain, cut, well, shaft, fence,
building, and any machinery and appliances.

PABT 11. PAR'l' 11.

INCORPORATION OF COMMISSIONER--POW ER TO

CONSTRUCT WORKS.

Commimioner to be

body politic. 7, The Commissioner of Public Works and his successors in

office shall for the purposes of this Act be a body corporate, with

perpetual succession and a common seal, under the name of The Commissioner of Public Works," and by that name shall sue and be sued.

8, For

I" GEORGII V, No. 1023.

The Murray Worh Act.-1910.

PART XI.

8, For the purposes of this Act the Commissioner may appoint - -

officers, and may also authorise such person .or pcrsoils as he ihinks Mar appoint 01It~rn and delegate hu

proper to do all or any of the acts, matters, and things which powem.

the Commissioner is by this Act empowered or required to do;

and every person so authorised shall for the of the' said

acts, matters, and things have and enjoy all such and the like

powers as are hereby conferred on the Conlmissioiler; and all such

acts, matters, and things, when done under such authority, shall be

as valid and effectual as if they hat1 been done by the Commissioner;

and every person so authorised shall have and enjoy, in respect

of every such act, matter, or thing so done by him, all such

immunities from personal liability as the Commissioner would have

had or enjoyed if he had done such act, matter, or thing.

9, The Commissioner shall not individually be subject to be f ~ ~ e ~ ~ ~ {: ~, " ~ l ~ ~

sued or prosecuted in respect of the exercise of any of the powers conferred by this Act, nor shall he be liable to any execution of

.

any legal process by reason of any contract or other instrument

entered into by the Commissioner in the execution of his powers.

10, Subject to the provisions of this Act the Commissioner is Power to cOnetrUct works.

authorised and empowered to construct, and maintain in, on, or across the ~ u r k ~ ~ River, and in, on; or through the lallds riparian thereto, works for damming, impounding, storing, conserv- ing, or regulating, or otherwise utilising, or controlling the waters thereof for the purpose of cavigntion, irrigation, watering stock, domestic use, and general supply.

I n addition to the works, and for the purposes, mentioned in section 10, the Commissioner, on entering into the agreement here- inafter mentioned with the State of New South Wales, may construct and maintain, with such variations. modifications, and extensions as he may consider desirable, the works at Lake Victoria (includ-	h k e Victoria ~ o r k 8.
ing two locks) recommended by the Inter-State Royal Commission on	the Murray River, and more particularly described on page forty-two
of the printed report of that Commission dated the ninth day of December, one thousand nine hundred and two, and shown on the plans accompanying the same.
With a view to and for the purposes of such works the Commis- sioner may-

11,

I. Enter into an agreement with-

(a; The State of New South Wales, and may

acquire, on such tenure and such terms as may be so agreed, that piece of land situate in the said State and covered with water, now known as Lake Victoria, with the two water- courses known as Rufus River and French- man's Creek, connecting the River Murray

with the said lake for and throughout their

e n t k

I" GEORGII V, No. 1023.

entire course from the said river to the said lake; and also so mnch of the banks and foreshores of the said lake and water- courses and of the land adjoining thereto as shall be sufficient for all purposes of access to and use and enjoyment of the said Lake

TTictoria works ;

( b ) The State of Victoria for the purchase, acquisition, or leasing of, lands in the said State;

together with such rights, licences, permissions, ease- ments, privileges, powers, and immunities in the said States, or in respect of the use, flow, and control in the said States of the waters of the said river, as may be necessaiy for the construction, or necessary or con- ducive to the use and enjoyment, of the said works for the purposes of this ,4ct.

11. Otherwise purchase, acquire, or lease lands in the said States,

or either of them.

General wheme.

Plans to be prepared. from time to time as may be necessary, a general scheme and esti- 12, The Commissioner shall cause to be prepared, and may alter

mate for carrying out the works for the purposes of this Act, incli- cating therein the places a t which and the order in which the works are to be constructed; and from time to time as may be neces- sary shall cause plans and specifications to be prepared, and tenhers to be called for the construction of the works, and may construct the works, although no tender shall be accepted: Pro- vided that no tender shall be accepted nor shall the work be com- menced until the plan showing a& defining such work, signed by the Commiesioner, shall have been deposited in the office of the Surveyor-General: Provided also that the works and purposes authorised by this Act shall not be commenced unless and until the said general -scheme, estimates, and plans have been laid before and

approved by both Houses of Parliament.

Entry a n d ~ c u p ~ t i o n 13.	Subject, ae	regards the Lake Victoria	works, to any agree-
of land.

ments with the States of New South Wales and Victoria, the Com- missioner and any person authorised by him may, for the purposes of works, or of this Act-

( a ) Enter any lands, and have free access to all works:

(B) Occupy any land, and if necessary enter into any agreement

for such occupation.

Works vested in

Commbeioner. 14, All works constructed, or maintained, or being constructed and maintained, and all property acquired, by the Commissioner under this Act, shall be deemed to be vested in the Commissioner for the purposes of this Act.

~ o r t s exempted from 15, NO rates, taxes, or charges whatsoever shall be imposed,

ntsr and tarea. made, or levied in respect of any works, or of any land or property in the State of South Australia vested in the Commissioner, for the purposes of this Act. PAR'!'

I" GEORGII V, No. 1023.

The Murray Works Act.--1910.

PART 111.

POWERS O F COMMISSIONER.

16. The Commissioner, in addition to all other powers and Power8 of Corn- missionet.

authorities vested in him, is authorised and entitled for the purposes of the construction or maintenance of any works under, or for any other purpose of, this Act, in the State of South Australia, to-

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

I I. 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:

IV. Enter upon and occupy-

( a ) Any lands and make surreys and take levels and set out such parts thereof as he thinks necessary, and make and set up any posts, stakes, trenches, or other marks or works, and do any other acts or things whatsoever necessary for such surveys, or for ascertaining the suitability of land for works under this Act:

( b ) Any lands adjoining or contiguous to the works, and

bore, dig, cut, trench, etnbanlc, and sough, remove, or lay, search for, take, carry away, and use any earth, stone, timber, gravel, or sand, or any other materials proper or necessary for constructing, mak- ing, maintaining, altering, repairing, or using any work which the Commissioner is at the time au- thorised to construct or maintain, or which may hinder, prevent, or obstruct the construction, recon- struction, maintenance, altering, repairing, addlng

to, extending, or using the same respectively:

( c ) Any lands, streets, or roads for the purpose of con-

structing, altering, or repairing any channel,

aqueduct, conduit, or pipe line:

And may upon any of such lands, streets, or roads-

( d ) Ereet workshops, sheds, and buildings of a temporary

character; and

( e ) Make roads and railways:

v. Impound, dam, conserve, store, set back, divert, abstract,

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

ernbank, narrow, widen, or deepen the Murray River:

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

streets, or ways:

VII. Alter, repair, or discontinue works, or any of them, and sub-

stitute others in their stead:

wrr. Institute

I" GEORGII V, No. 1023.

The Muway Works Act.--1910.

ART V I I I. Institute and maintain any proceeding in any Court of

justice in respect of or in relation to works or lands con- structed or vested in him for the purposes of this Act, or for any tolls or charges prescribed under this Act:

rx. Generally do all other acts for constructing, reconstructing, maintaining, altering, repairing, adding to, using, and protecting from trespass or injury any works constructed or being constructed under this Act, or works or lands vested in him, or for all or any of the purposes of this Act.

PARrI' IV.

FINANC1,QL: VESTING OE' 'CROWN LANDS.

Money for purpoaes 17, The moneys required for the purposes of this Act shall be

of t h ~ Act. paid out of moneys provided by Parliament.

\'eating of lands. 18, The Governor, by Proclamation in the Gouemme)l t Gazetie, may vest in the Commissioner any Crown lands which map be necessary for the purposes of this Act, and, if the Commissioner certifies that any lands so vested in him are not required for the purposes of this Act, withdraw the Fame; and such lands, on pro- clamation that they are so withdrawn, shall revest in the Crown.

PART V.

TOLLS.

Pmribed tolls. 19, The Commissioner may demand and receive, in respect of

vessels carrying freight passing through a lock or locks, being yor-	tion of the works i11 the State of South Australia vested in him, the
tolls prescribed by regulations under Part VIII. of this Act.

~ ~ r i m u m toh. 20, The tolls prescribed shall not exceed Six Pence per ton of the freight for every hundred, or part of a hundred, miles up to the first two hundred miles; or Four Pence per ton of the freight for every hundred miles, or part of a hundred miles, after the first two hundred miles of the distance for which such freight is consigned or is carried: Provided that an excess of less than twenty-five miles on a distance of a hundred, or any multiple of a hundred, miles shall not be taken into account in computing the toll, and that no toll shall be prescribed in respect of that portion of the Murray River the navigability of which is not improved by works under this Act.

PART

1' GEORGII V, No. 1023.

The Murray Works Act.--1910.

PAR?' VI. PART VI.

CLAIMS FOR COMPENSATION FOIC DAMAGE.

21. No claim for compensation for damcage occasioned by the Clsimsforoompener-

construction or maintenance of works under this Act shall be main- tion.

tainable-

(1) Unless notice in writing stating the nature and extent of the TO be by notice.

damage complained of has been furnished to the Commis- sioner within six months after the damage in respect of which notice is given has been occasioned; and

(2) Unless after giving the notice the person claiming compensa- tion proceeds without unreal~onable delay to obtain such compensation.

22. (1) All claims for compensation for damage occasioned by Principle of cornpen-

the construction or maintenance of works under t h i ~ Act shall be ~:pJ,";~~c*

determined in accordance with the provisions of eections 180 and 181 of the Water Conservation Act, 1886," which shall, subject to the succeeding provisions of this section: nrututis mutnndis, so far as applicable, apply to such claims.

(2) Bo compensation shall be awarded save in respect of some compe-ti~nin

item set forth in the notice in writing referred to in section 21 of emsin sin this Act.

(3) In any case in which the amount awarded is less by one- c o ~ t ~ i n c c r t a i n c ~ ~.

fourth of the alnount claimed in the suit than the amount so claimed the person claiming compensation shall pay to the other party the cost of the suit.

PART VII. PABT vrr.

CONTROL AND USE OF WATER.

23. (1) Subject to the provisions of this Act, the right to the use Impm3ed natm

and flow and to the control in the State of South Australia of any

the

water dammed, impounded, stored, or co~iserved by any works con-

structed or maintained under this Act shall vest in the Crown.

(2) Such right shall not be exercised 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 any occupier of land on either bank of the Murray River

to use the water thereof for domestic purposes, and for

watering stock:

Provided that the right of such person or occupier shall not extend to a greater use of the water than such person or occupier would lawfully be entitled to but for this Act. 24, Subject

I' GEORGII V, No. 1023.

The Mztrray W o r k Act.-1910.

PART YII. '24. Subject to section 23, the Commissioner may, for such pur-

Commimioner may poses and on such terms and conditions as may be prescribed,

motion use of -

surplus water. 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.

PART VIII. PAR'C VIII.

OFFICERS, REGULATIONS, &B.

make regulahons, &c. lations and provide a penalty not exceeding Ten Pounds for any aovemor may 25, The Governor may, for the'purposes of this Act, make regu-

breach thereof.

Publication of All such regulations shall -

regulations.

I. Be published in the Government Gazette :

11, Take effect from the dat.e of such publication, or from a later date specified in the regulations; and

. 111. Be laid before both Houses of Parliament within fourteen days after such publication if Parliament is in Session, and i f not, within fourteen days after the commence- ment of the next Session.

But if either House of Parliament passes a resolution of which notice is given at any time within fifteen sitting days after such regulations have been laid before such House disallowing any regu- lation, such regulation shall thereupon cease to have effect.

PABT rx. PART IX.

RIISCELLANEOUS.

Proceeding8 for 28, (1) A11 proceedings for offences against or breaches of this

off enter. Act 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, The Justices Procedure Act, 1883-4," and any other Act

that may be law in that behalf.

Beoorery of 37, Theie shall be an appeal from any conviction by a Special

penalties. Magistrates or Justices, or from any order dismissing any information or complaint under this Act, which appeal shall be to the Local Court of Adelaide of full jurisdiction; and the proceedings of 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 fcr the time being in force on that behalf.

28, Eve17

I" GEORGII V, No. 1023.

The Murray Work Act.-1910.

28, Every person who shall unlawfully and znaliciously destroy Penal tyfor iajw P*" IX*

or damage any works, or part of the works, under this Act in the by the regulations under this Act, be liable- on conviction to imprisonment with hard labor for any term not exceeding two years.

29, I n any information preferred, or proceedings instituted, by Informetion how laid in rempect of

the Commissioner in relation to works, or any property or thing ,	.	,	,	,	,	,
belonging to or veeted in or under his control under or for the purposes of this Act, it shall be sufficient to state generally that the property or thing in respect of which such information is preferred, or proceedings instituted, is the property of the Commissioner, and such statement or averment shall be taken to be true unless disproved by the defendant to such information or proceeding.

I n the name and on behalf of His Ma~esty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

Adelaide : By authority, R. E. E. Roe~as, Govarnmellt Printer, North Terraoe.

B-1088